W. Va. Code R. § 179-4-131

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

Section 179-4-131 - Commission License as Revocable Privilege; Reasons for Investigation of, or Disciplinary Action Against, Licensee; Hearing Procedure

131.1. A West Virginia Lottery Commission licensee has a continuing duty to maintain suitability for licensure. A Commission license does not create a property right, but is a revocable privilege contingent upon continuing suitability for licensure.

131.2. The Commission may initiate an investigation or a disciplinary action, or both, against a licensee if the Commission has reason to believe that at least one of the following provisions applies:

131.2.a. The licensee is not maintaining suitability for licensure;

131.2.b. The licensee is not complying with licensure conditions; or

131.2.c. The licensee is not complying with the Act or this rule.

131.3. The Commission shall appoint a Commission member or an administrative hearing officer to conduct a hearing after a complaint has been filed and shall generally follow the West Virginia Lottery's Administrative Appeal Procedures rule, 179 CSR 2. The hearing officer may provide the Commission with proposed findings of facts and conclusions of law. The Commission is under no obligation to adopt the hearing officer's recommendations, however it may do so, either in part or in whole.

131.4. The person demanding a hearing shall give security for the cost of the hearing in the amount of three hundred dollars in the form of a certified check, a cashier's check or a money order, which shall accompany the petition demanding a hearing. The fee of three hundred dollars may be waived by the Commission for good cause shown. The Commission may order the amount of the security to be changed to another amount to reflect the actual costs of holding appeal hearings.

W. Va. Code R. § 179-4-131