W. Va. Code R. § 179-4-15

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 179-4-15 - Restricted Transactions

15.1. A licensee or applicant, or an affiliate, key person, or representative of a licensee or applicant, shall not knowingly give, convey, transfer, or enter into a contract to convey or transfer, a direct or indirect interest in the applicant or licensee to any of the following entities during his or her board membership or employment and for a period of four years after the date that his or her board membership or employment terminates:

15.1.a. A member of the Commission;

15.1.b. The Director of the West Virginia Lottery;

15.1.c. An employee of the West Virginia Lottery; or

15.1.d. An immediate family member residing in same household of any of the entities listed in subdivisions (a) to (c) of this subsection.

15.2. A licensee or applicant for a license, or an affiliate, key person, or representative of a licensee or applicant, shall not knowingly employ, or enter into a contract for goods or services with, any of the following entities during his or her casino-related employment and for a period of four years after the date that his or her board membership or casino-related employment terminates:

15.2.a. A member of the West Virginia State Lottery Commission;

15.2.b. The Director or an employee of the West Virginia Lottery;

15.2.c. An immediate family member residing in the same household of any of the entities listed in subdivisions (a) and (b) of this subsection; or

15.2.d. Any other person whom the Commission determines is, or was in the past year, able to significantly affect, influence, or control any of the entities listed in subdivisions (a) to (c) of this subsection by reason of business, financial, personal, or social association or relationship.

15.3. A licensee or applicant for a license, or an affiliate, key person, or representative of a licensee or applicant, shall not knowingly give, convey, transfer, or enter into a contract to convey or transfer, a direct or indirect interest in the licensee or applicant for a license to an employee of the West Virginia Lottery, any immediate family member residing in the same household of an employee of the West Virginia Lottery during his or her Lottery employment and for a period of two years after the date his or her Lottery employment terminates, or any other person whom the Commission determines is, or was in the past four years, able to significantly affect, influence, or control an employee by reason of business, financial, personal, or social association or relationship.

15.4. A licensee, applicant, or an affiliate, key person, or representative of a licensee or applicant, shall not knowingly employ, or enter into a contract for goods or services with, any of the following entities during his or her casino-related state police employment and for a period of two years after the date that his or her casino-related state police employment terminates:

15.4.a. A Member of the West Virginia State Police;

15.4.b. An employee of the West Virginia Lottery;

15.4.c. An immediate family member residing in the same household of either of the entities listed in subdivisions (a) and (b) of this subsection; or

15.4.d. Any other person whom the Commission determines is, or was in the past four years, able to significantly affect, influence, or control entities listed in subdivisions (a) and (b) of this subsection by reason of business, financial, personal, or social association or relationship.

15.5. A person may not apply for or be granted a license under the Act if any of the following entities has any direct or indirect interest in the person and the person knows of the interest:

15.5.a. A current member of the West Virginia State Lottery Commission;

15.5.b. The Director of the West Virginia Lottery;

15.5.c. An employee of the West Virginia Lottery;

15.5.d. An employee of the State Police assigned to the West Virginia Lottery;

15.5.e. An immediate family member residing in the same household of any of the entities listed in subdivisions (a) to (d) of this subsection; or

15.5.f. Any other person whom the Commission determines is, or was in the past year, able to significantly affect, influence, or control the entities listed in subdivisions (a) to (e) of this subsection by reason of business, financial, personal, or social association or relationship.

15.6. A person may not apply for or be granted a license under the Act if any of the following entities has a financial interest or a direct or indirect pecuniary or ownership interest in the person and less than four years has passed since the date on which the Commission membership or term of a former member, or the employment of the Director or supervisory employee terminated and the person knows of the interest:

15.6.a. A former member of the West Virginia State Lottery Commission;

15.6.b. A former Director or supervisory employee of the West Virginia Lottery;

15.6.c. An immediate family member residing in the same household of any of the following entities listed in subdivisions (a) and (b) of this subsection; or

15.6.d. Any other person whom the Commission determines is, or was in the past year, able to significantly affect, influence, or control the entities listed in subdivisions (a) through (c) of this subsection by reason of business, financial, personal, or social association or relationship.

15.7. A person may not apply for or be granted a license under the Act if any of the following entities has a direct or indirect interest in the person and less than two years has passed since the former employee's employment terminated and the person knows of the interest:

15.7.a. A former employee of the West Virginia Lottery;

15.7.b. A former state police employee formerly assigned to the West Virginia Lottery;

15.7.c. An immediate family member residing in the same household of any of the entities listed in subdivisions (a) through (c) of this subsection; or

15.7.d. Any other person whom the Commission determines is, or was in the past year, able to significantly affect, influence, or control the entities listed in subdivisions (a) to (c) of this subsection by reason of business, financial, personal, or social associations or relationship.

15.8. A person may not apply for or be granted a license under the Act if any of the following entities has a direct or indirect interest in the person and less than two years has passed since the former employee's employment terminated and the person knows of the interest:

15.8.a. A former employee of the West Virginia Lottery;

15.8.b. A former state police employee formerly assigned to the West Virginia Lottery;

15.8.c. An immediate family member residing in the same household of any of the entities listed in subdivisions (a) through (c) of this subsection; or

15.8.d. Any other person whom the Commission determines is, or was in the past year, able to significantly affect, influence, or control the entities listed in subdivisions (a) to (c) of this subsection by reason of business, financial, personal, or social associations or relationship.

15.9. A former Commission member or employee of the West Virginia Lottery may appear before the Commission as a fact witness about actions by the Commission member or employee during his or her tenure as a member of the Commission or employee of the West Virginia Lottery. A licensee, applicant, or the Commission shall not compensate a fact witness for his or her appearance other than by a standard witness fee and reimbursement for travel expenses as established by statute.

15.10. A licensee or an applicant for a license, or an affiliate, key person, or representative of a licensee or applicant for a license, shall not knowingly employ, or enter into any contract for gaming goods or services with a state, local, or federal law enforcement officer.

W. Va. Code R. § 179-4-15