W. Va. Code R. § 179-4-56

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

Section 179-4-56 - Annual Renewal Fees; Renewal of Occupational Licenses

56.1. On each anniversary of the issuance of an occupational license, the licensee, or the limited gaming facility in the licensee's behalf, shall pay to the West Virginia Lottery an annual renewal fee.

56.2. An occupational licensee shall request renewal of the license, on a form prescribed by the Commission, not less than 30 days before the expiration of the occupational license. The occupational licensee shall complete the form and provide the Commission with any information or documents that the Commission considers necessary to confirm the licensee's identity and determine the licensee's continued eligibility, suitability, and qualification to have his or her occupational license renewed under licensing standards set forth in the Act and this rule. The license renewal request form may include information related to any or all of the following about the licensee's:

56.2.a. Integrity;

56.2.b. Reputation;

56.2.c. Moral character;

56.2.d. Employment history;

56.2.e. Criminal record;

56.2.f. Past history of licensure;

56.2.g. Administrative law abidance;

56.2.h. Civil litigation; and

56.2.i. Financial responsibility.

56.3. A licensee shall submit the form requesting renewal of an occupational license with the annual license fee. The Commission may perform a background investigation on any occupational licensee seeking renewal of any license.

56.4. The Commission may refuse to renew an occupational license if the occupational licensee no longer meets the requirements set forth in the Act, this rule, or the Commission's minimum internal control standards. The requirements include maintaining the standard for licensure that is set forth under section fifty-one of this rule. If the occupational licensee does not meet these requirements, then the Commission may deny renewal or it may issue a temporary license pursuant to section fifty-two-three of this rule, pending the applicant's reasonable efforts to meet the minimum qualifications for an occupational license.

56.5. The Director shall investigate and review the licensee's renewal application and shall report in writing to the Commission whether the licensee is eligible, qualified, and suitable to have his or her occupational license renewed.

56.6. Upon receipt and review of the Director's report, the Commission shall decide whether to renew the occupational license.

56.7. If the Commission decides to renew the license, then it shall direct the Director to issue a new license to the applicant.

56.8. If the Commission decides not to renew a license, then it shall direct the Director to issue a notice of denial to the applicant by certified mail.

56.9. A list of occupational license applicants whose licenses were issued, renewed or denied shall be sent to the limited gaming facility.

56.10. An occupational licensee who is served with a notice of denial under this rule may request a hearing under this rule and the West Virginia Lottery's Procedural Rule 179 CSR 2.

56.11. The notice of denial shall not constitute a finding by the Commission that the occupational licensee is ineligible, unqualified, or unsuitable for licensure or is otherwise in violation of the licensing requirements of the Act or rules of the Commission, unless the licensee fails to request a hearing within ten days of its receipt of the notice of denial.

56.12. If the licensee does not request a hearing in a timely manner, then the notice of denial becomes the final order of the Commission.

56.13. All occupational licensees must obtain a new license as of July first of each year. Due to the volume of re-licensing during the final three months of each fiscal year, any applicant for an occupational permit on and after April 1 of each year will be licensed until June 30th of the following year (example: April 20, 2003 thru June 30, 2004).

W. Va. Code R. § 179-4-56