59.1-389 - Consideration of application.
§ 59.1-389. Consideration of application.
A. The Commission shall promptly consider any application for a permit andissue or deny such permit based on the information in the application and allother information before it, including any investigation it deemsappropriate. If an application for a permit is approved, the Commission shallissue a permit, which shall contain such information as the Commission deemsappropriate. Such permit shall be valid for one year; however, the permit ofa licensee's employee shall expire automatically when such permit holderleaves the employment of the licensee or at the end of one year, whicheveroccurs first. The licensee shall promptly notify the Commission when a permitholder leaves the employment of the licensee. The Commission shall establishcriteria and procedures for permit renewal.
B. The Commission shall deny the application and refuse to issue the permit,which denial shall be final unless an appeal is taken under § 59.1-373, if itfinds that the issuance of such permit to such applicant would not be in theinterests of the people of the Commonwealth, or the horse racing industry ofthe Commonwealth, or would reflect on the honesty and integrity of the horseracing industry in the Commonwealth, or that the applicant:
1. Has knowingly made a false statement of a material fact in theapplication, or has deliberately failed to disclose any information requestedby the Commission;
2. Is or has been found guilty of any corrupt or fraudulent practice orconduct in connection with horse racing in this or any other state;
3. Has knowingly failed to comply with the provisions of this chapter or theregulations of the Commission;
4. Has had a permit to engage in activity related to horse racing denied forjust cause, suspended or revoked in any other state, and such denial,suspension or revocation is still in effect; or
5. Is unqualified to perform the duties required for the permit sought.
C. The Commission shall deny the application and refuse to issue the permitif, within the five years immediately preceding the date of his applicationfor the permit sought, the applicant has been convicted of a crime involvingthe unlawful conduct of wagering, fraudulent use of a credential, unlawfultransmission of information, touting, bribery, or administration orpossession of drugs or any felony considered by the Commission to bedetrimental to horse racing in the Commonwealth; the denial shall be finalunless an appeal is taken under § 59.1-373. Additionally, the Commission maydeny the application and refuse to issue any permit, if the applicant hasbeen convicted of any such crime committed prior to the five yearsimmediately preceding the date of his application.
D. The Commission may refuse to issue the permit if for any reason it feelsthe granting of such permit is not consistent with the provisions of thischapter or its responsibilities hereunder.
(1988, c. 855; 1991, c. 591; 1998, c. 619; 1999, c. 356.)