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Can you summarize WVCS 179-02?
Lottery Commission > Administrative Appeals Procedure
Short Summary
The provided legal document outlines the administrative appeals procedure for the West Virginia State Lottery Commission. It applies to individuals or entities who have been refused a license/permit, or had their license/permit suspended or revoked by the commission or the director. The document specifies that the affected party has the right to request a hearing before the commission or a designated hearing examiner. The petition for a hearing must be in writing and include a clear statement of each alleged error, supporting facts, relief sought, petitioner’s signature, and a statement under penalty of perjury. Additionally, any person who can demonstrate being the real party in interest or may be adversely affected by the commission’s decision can petition for intervention. The document also mentions that if the hearing is held under provisions of the Racetrack Video Lottery Act, a security deposit of three hundred dollars is required. The document further outlines the procedures for conducting hearings, including the service of a petition for hearing, setting a hearing date, and the timeline for holding the hearing. It also specifies that hearings may not be delayed unless both parties agree to a continuance. The document allows the petitioner to appear individually or by legal counsel, and representatives are required to conform to ethical conduct standards. The hearing examiner may require the parties to file briefs, present oral arguments, or both. After the hearing, the hearing examiner prepares a recommended decision with findings of fact and conclusions of law. The commission then either accepts or rejects the recommended decision. If accepted, the director signs and acknowledges it. If rejected, the commission prepares its own decision. The commission’s decision is final unless vacated or modified upon judicial review, and a copy of the decision is served to each party and attorney involved in the hearing. The document also mentions that a petition for appeal may be filed with the circuit court of Kanawha County, West Virginia or in the circuit court of the West Virginia county in which the petitioner resides or does business. The document further provides guidelines for the filing and service of documents and orders in appeals under the Lottery Commission’s Administrative Appeals Procedure. It specifies the means of delivery accepted for filing, such as personal delivery, mail, private delivery companies, and facsimile transmission. It also outlines the requirements for serving documents on all other parties involved, including the use of personal delivery or registered/certified mail. The document lists the various documents that must be served, such as the petition for an administrative hearing, notice of appeal to circuit court, the final order, any motions made, and any documents adopted by the commission or hearing examiner for procedural purposes.
Whom does it apply to?
Applicants or license/permit holders who have been refused a license/permit, or had their license/permit suspended or revoked
What does it govern?
Administrative appeal hearings before the West Virginia State Lottery Commission
What are exemptions?
No specific exemptions are mentioned in this document.
What are the Penalties?
No specific penalties are mentioned in this document.
Jurisdiction
West Virginia