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Home » US Law » 2022 West Virginia Code » Chapter 29. Miscellaneous Boards and Officers » Article 22A. Racetrack Video Lottery » §29-22A-15. Hearing and Appeal Procedure; Order Refusing License or Permit or Suspending or Revoking Same; Petition for Hearing; Petition Requirements; Cost of Hearings; Subpoenas and Subpoenas Duces Tecum; No Stay of Suspension or Revocation Order; Hearing Date; Place of Hearing; Continuances; Absence of Petitioner; Hearing; Argument and Briefs; Evidence Admissible at Hearing; Record of Proceedings; Commission's Decision; Appeal to Circuit Court

(a) If the commission refuses to issue a license or permit, or suspends or revokes a license or permit, it shall make and enter an order to that effect including a statement of the reasons for that action and shall, by certified mail, return receipt requested, mail a copy of the order to the applicant, or the license or permit holder, or serve the same in the manner provided for the service of legal process.

(b) Any applicant or licensee or permit holder adversely affected by such order has the right to a hearing thereon before the commission or a person designated as hearing examiner, if a petition in writing requesting a hearing is served upon the commission within ten days following the receipt of the order by such applicant, or license or permit holder.

(c) The petition for a hearing shall be in writing and shall include an original and one copy. The petition must contain the following:

(1) A clear and concise statement of each error which the petitioner alleges to have been committed by the commission in refusing to issue a license or permit, or suspending or revoking a license or permit, with each assignment of error being shown in separately numbered paragraphs.