W. Va. Code R. § 179-4-52

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 179-4-52 - Occupational Licensing Procedures

52.1. An applicant for an occupational license shall submit, together with the required application fee, a completed application that has been endorsed by an authorized representative of the limited gaming facility by whom the applicant will be employed if the applicant is licensed.

52.2. After the Commission has received the completed occupational license application, appropriate application fee, photograph, and fingerprints, the Commission shall review the applicant's application and conduct a criminal history check on the applicant.

52.3. If a preliminary review of the application and the criminal history check does not uncover or indicate any apparent deficiencies in the application or other circumstances that may require denial of the application under the licensing standards of the Act and this rule, then the Director may issue a temporary occupational license to the applicant. The temporary occupational license authorizes the applicant to perform the employment duties for which the license is sought, pending Commission action on the applicant's license application. A temporary license issued under this rule is valid for not more than 90 days, but may be renewed upon expiration by the Director if the criteria in this subsection are satisfied.

52.4. The Director shall issue a temporary identification badge to the temporary occupational licensee. The color of the temporary identification badge shall be different from the occupational license identification badge that is given to an occupational licensee upon issuance of a full occupational license. The temporary identification badge shall contain and display information as prescribed by the Commission.

52.5. Temporary occupational licensees shall wear and clearly display a legible name tag and shall have their temporary identification badge in their possession at all times during work hours at the limited gaming facility.

52.6. A person shall pay a fee of $10.00 to the Commission for any necessary replacement of a temporary identification badge.

52.7. A temporary identification badge shall not be transferred and shall be immediately returned to the Commission if the temporary licensee resigns or if his or her employment at the limited gaming facility is terminated.

52.8. If, upon further investigation and review of the temporary licensee's application, the Director determines that the applicant is not eligible or suitable for licensure under the Act and this rule, then the Director may, upon written notice to the licensee and the licensee's employer, revoke the temporary license and order the immediate return of the temporary identification badge to the Commission.

52.9. If a temporary occupational license expires or is revoked, then the licensee shall not continue his or her employment and shall not perform the work duties for which the license is required.

52.10. If an applicant's temporary license expires or is revoked, the Director shall immediately forward the temporary licensee's application to the Commission for action together with a written report to the Commission recommending granting or denying the application. The Director's report shall state the reasons for his or her recommendation for Commission action on the application.

52.11. Before issuance of an occupational license, an occupational license applicant shall have the burden of producing the information, documentation, and assurances in his or her application to establish, by clear and convincing evidence, that the applicant is eligible, qualified, and suitable to receive the occupational license for which application is made, under the licensing standards in the Act and this rule.

52.12. The applicant shall demonstrate to the Commission a level of skill, knowledge, and/or experience reasonably necessary to perform the job duties required for the occupational license for which application is made. However, an applicant may still be employed by the limited gaming facility to perform the duties if the limited gaming facility agrees to provide necessary training to the applicant.

52.13. An applicant who has knowingly made a false statement of a material fact to the Commission, who has been suspended from operating a gambling game, gaming device or gambling operation in another jurisdiction by a board or other governmental authority of that jurisdiction having responsibility for the regulation of gambling or gaming activities, who has been convicted of any felony, or a misdemeanor involving an offense of moral turpitude, gambling, theft, bribery, or fraud, or has otherwise demonstrated, either by a police record or other satisfactory evidence, a lack of respect for law and order, or who has failed to meet any monetary obligation in connection with a gaming facility or any other form of gaming is not eligible, qualified, or suitable to be issued an occupational license.

52.14. Unless waived by the Commission, an applicant whose name appears on the exclusion list of any jurisdiction, is not eligible, qualified, or suitable to be issued an occupational license

52.15. An applicant shall also have good moral character, reputation, and integrity, and comply with any other licensing standard that the Commission considers necessary to ensure compliance with the Act, this rule, and the Commission's minimum internal control standards, and protect the public and the credibility and integrity of gaming in the state.

W. Va. Code R. § 179-4-52