West Virginia Code 19-23-15 – Investigation by Racing Commission; suspension or revocation of license or permit
(a) The Racing Commission may conduct an investigation to determine whether any provisions of this article or any of its reasonable rules and regulations have been or are about to be violated by a licensee or permit holder. The Racing Commission may suspend or revoke a license or permit if the licensee or permit holder, as the case may be:
Terms Used In West Virginia Code 19-23-15
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- License: means the license required by the provisions of section one of this article. See West Virginia Code 19-23-3
- Licensee: means any racing association holding a license required by the provisions of section one of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Permit: means the permit required by the provisions of section two of this article. See West Virginia Code 19-23-3
- Permit holder: means any person holding a permit required by the provisions of section two of this article and issued under the provisions of this article. See West Virginia Code 19-23-3
- Racing commission: means the West Virginia Racing Commission. See West Virginia Code 19-23-3
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Stewards: means the steward or stewards representing the Racing Commission, the steward or stewards representing a licensee and any other steward or stewards whose duty it is to supervise any horse or dog race meeting, all as may be provided by reasonable rules of the Racing Commission which rules shall specify the number of stewards to be appointed, the method and manner of their appointment and their powers, authority and duties. See West Virginia Code 19-23-3
(1) Is convicted of an offense which, under the law of this state, of any other state or of the United States of America, shall constitute a felony or a crime involving moral turpitude;
(2) Is, if a corporation, dissolved under the law of this state or ceases to be qualified to do business within this state; or
(3) Has a license or permit to which such licensee or permit holder is not lawfully entitled.
(b) The Racing Commission may also suspend or revoke a license or permit of a licensee or permit holder, as the case may be, if it finds the existence of any ground upon which the license or permit could have been refused, or any ground which would be cause for refusing a license or permit to such licensee or permit holder were such licensee or permit holder then applying for the same.
(c) A majority of the stewards at any horse or dog race meeting may suspend or revoke a permit for any reason for which the Racing Commission may suspend or revoke a permit, as specified in subsections (a) and (b) of this section, or for any other reason authorized by reasonable rules and regulations promulgated by the Racing Commission.
(d) Whenever a licensee fails to keep the bond required, if any, under the provisions of section seven of this article in full force and effect, the license of such licensee shall automatically be suspended unless and until a bond or other security, if required, is furnished to the Racing Commission, in which event the suspension shall be vacated.
(e) Any suspension of a license or permit shall continue for the period specified in the order of suspension, or until the cause therefor has been eliminated or corrected, as set forth in the order of suspension. Revocation of a license or permit shall not preclude application for a new license or permit, which application shall be processed in the same manner and the application approved or denied and the license or permit issued or refused on the same grounds as any other application for a license or permit is processed, considered and passed upon, except that any previous suspension and the revocation may be given such weight in deciding whether to approve or deny such application and issue or refuse such license or permit as is meet and proper under all of the circumstances.