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Engrossed Committee Substitute House Bill 2388 History

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HB2388 ENG SUB
ENGROSSED

COMMITTEE SUBSTITUTE


FOR

H. B. 2388


(By Delegate Doyle)

[Originating in the Committee on Government Organization]

(March 27, 2009)



A BILL to repeal §19-23-27, §19-23-28 and §19-23-29 of the Code of West Virginia, 1931, as amended, be repealed; to amend and reenact §6-7-2a of said code; and to amend and reenact §19-23-4, §19-23-5, §19-23-6, §19-23-15, §19-23-16 and §19-23- 17 of said code, all relating to the organization of the racing commission; establishing the criteria for membership; creating the position of director of racing; establishing the qualification of the director of racing; permitting the director to hire a staff; providing a compliant procedure; requiring the use of the administrative procedures act to conduct a hearing and providing an appeal procedure.

Be it enacted by the Legislature of West Virginia:
That §19-23-27, §19-23-28 and §19-23-29 of the Code of West Virginia, 1931, as amended, be repealed; that §6-7-2a of said code be amended and reenacted; that §19-23-4, §19-23-5, §19-23-6, §19- 23-15, §19-23-16 and §19-23-17 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of
such the officers.
(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such the named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006, and thereafter, notwithstanding any other provision of this code to the contrary,
The annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, $92,500; Commissioner, Division of Corrections, $80,000; Director, Division of Natural Resources, $75,000; Superintendent, State Police, $85,000; Commissioner, Division of Banking, $75,000; Commissioner, Division of Culture and History, $65,000; Commissioner, Alcohol Beverage Control Commission, $75,000; Commissioner, Division of Motor Vehicles, $75,000; Chairman, Health Care Authority, $80,000; members, Health Care Authority, $70,000; Director, Human Rights Commission, $55,000; Commissioner, Division of Labor, $70,000; Director, Division of Veterans' Affairs, $65,000; Chairperson, Board of Parole, $55,000; members, Board of Parole, $50,000; members, Employment Security Review Board, $17,000; and Commissioner, Bureau of Employment Programs, $75,000. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, $95,000; Transportation, $95,000: Provided, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, he or she shall be paid $120,000; Revenue, $95,000; Military Affairs and Public Safety, $95,000; Administration, $95,000; Education and the Arts, $95,000; Commerce, $95,000; and Environmental Protection, $95,000: Provided, however, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006, that exceeds $5,000 shall be paid to such the officer or his or her successor beginning July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection: Provided further, That if the same person is serving as both the Secretary of Transportation and the Commissioner of Highways, then the annual increments of $5,000 per fiscal year do not apply.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to July 1, 2006, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in 2006, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, $80,000; Director, Division of Rehabilitation Services, $70,000; Director, Division of Personnel, $70,000; Executive Director, Educational Broadcasting Authority, $75,000; Secretary, Library Commission, $72,000; Director, Geological and Economic Survey, $75,000; Executive Director, prosecuting attorneys Institute, $70,000; Executive Director, Public Defender Services, $70,000; Commissioner, Bureau of Senior Services, $75,000; Director, State Rail Authority, $65,000; Executive Director, Women's Commission, $45,000; Director, Hospital Finance Authority, $35,000; member, Racing Commission, twelve thousand dollars; Chairman, Public Service Commission, $85,000; members, Public Service Commission, $85,000; Director, Division of Forestry, $75,000; Director, Division of Juvenile Services, $80,000; and Executive Director, Regional Jail and Correctional Facility Authority, $80,000: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in 2006 that exceeds $5,000 shall be paid to such the officer or his or her successor beginning July 1, 2006, in annual increments of $5,000 per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to July 1, 2006, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in 2006, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, $92,500; Commissioner, Insurance Commission, $92,500; Director, Lottery Commission, $92,500 Director, Director of the Racing Commission, $62,500; Division of Homeland Security and Emergency Management, $65,000; and Adjutant General, $92,500.
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.

CHAPTER 19. AGRICULTURE.

ARTICLE 23. HORSE AND DOG RACING.
§19-23-4. West Virginia Racing Commission.

(a) The "West Virginia Racing Commission," is continued. in existence as a public corporation and as such, may contract and be contracted with, plead and be impleaded, sue and be sued and have and use a common seal. (b) The Racing Commission
(b) The commission shall consist of three five members, not more than two three of whom shall belong to the same political party, to be appointed by the Governor by and with the advice and consent of the Senate.
(c) (1) One member shall have at least five years experience in representing labor issues;
(2) One member shall have at least five years of experience as an accountant;
(3) One member shall have at least five years of experience as an attorney;
(4) One member who shall have not less than five years experience in horse racing; and,
(5) One member who shall have not less than five years of experience in greyhound racing.
(d) The term of office for the members of the Racing Commission is four years, and members may serve until their successors have been appointed and have qualified. and members of the Racing Commission may serve any number of successive terms.
(e) The Governor shall stagger the initial terms as follows: One at the end of three year; two at the end of four years; two at the end of five years.
(f) After the initial appointments by the Governor, each member shall be appointed for a term of five years and may not serve more than two consecutive terms. Any member who has served two consecutive full terms may not be reappointed for at least one year after completion of his or her second full term.
(g) One members shall be appointed from each congressional district.
The members of the Racing Commission in office on the effective date of the amendment and reenactment of this section in two thousand one shall, unless removed by the Governor after the effective date of this article, continue to serve until their terms expire and until their successors have been appointed and have qualified.
(h) On July 1, 2009, all commission members are removed and the Governor shall appoint new commission members according to the qualifications established in this section.
(i) The Governor shall fill Any vacancy in the office of a member of the Racing Commission shall be filled by appointment by the Governor for the unexpired term of the member whose office shall be vacant. No person is eligible for appointment to or to serve upon the Racing Commission:
(1) Unless he or she is an actual and bona fide resident of this state, shall have resided in this state for a period of at least five years next preceding his or her appointment, shall be a qualified voter of this state and be not less than twenty-five years of age;
(2) Who directly or indirectly, or in any capacity, owns or has any interest, in any manner whatever, in any racetrack where horse or dog race meetings may be held, including, but not limited to, an interest as owner, lessor, lessee, stockholder or employee;
(3) While serving as a member of the Legislature or as an elective officer of this state; or
(4) Who has been or shall be convicted of an offense which, under the law of this state or any other state or of the United States of America, constitutes a felony, or is a violation of article four, chapter sixty of this code.
(j) Each member is entitled to compensation not to exceed the amount paid to members of the Legislature for their interim duties and reimbursement for actual and necessary expenses incurred for each day or portion of a day engaged in the discharge of official duties in a manner consistent with guidelines of the Travel Management Office of the Department of Administration.
(d) (k) The Racing Commission shall have its principal office, the State Racing Office, at the seat of government, and shall meet annually at least monthly at its principal office in the month of January, and at any other times and places designated by its chairman, chair person, the Director of Racing, or majority of the commission members. At the annual meeting the On July 1 of each year, the Racing Commission shall elect from its membership a chairman chair person and any other officers that are desired. Other meetings of the Racing Commission may be called by the chairman on such notice to the other members prescribed by the Racing Commission.
(e) (l) A majority of the members of the Racing Commission constitute a quorum for the transaction of its business or the exercise of any of its powers and authority. No person not a bona fide member of the Racing Commission shall vote upon or participate in the deliberations of the Racing Commission on any matter which may come before it. All Racing Commission records, except as otherwise provided by law, shall be open to public inspection during regular office hours of the State Racing Office.
(f) (m) As soon as possible after the close of each calendar year, the Racing Commission shall submit to the Governor a report of the transactions of the Racing Commission during the preceding calendar year.
(n) Members of the commission and members of their immediate families may not be employed by or have an ownership interest an entity within the racing industry for the previous five years.
§19-23-5. Director of Racing and other personnel.

(a) The Racing Commission shall appoint a racing secretary to represent the Racing Commission and such racing secretary shall possess such powers and authority and perform such duties as the Racing Commission may direct or prescribe. The racing secretary shall preserve at the Racing Commission's principal office all books, maps, records, documents and other papers of the Racing Commission. The racing secretary shall, in addition to all other duties imposed upon him by the Racing Commission, serve in a liaison capacity between licensees and the Racing Commission. The Racing Commission may also employ, direct and define the duties of
an assistant racing secretary and such stenographers, clerks and
other office personnel as it may deem necessary to carry out the duties imposed upon it under the provisions of this article
(b) There is created the position of the Director of Racing whose duties include the management and administration of the State Racing Office. The Director of Racing shall have a college degree and at least ten years of experience in the operations of thoroughbred and dog racing, and shall be appointed, by July 1, 2009, by the Governor and shall serve at the will and pleasure of the Governor. No person may be appointed as Director of Racing who has been convicted of a felony or crime involving moral turpitude.
(c) The director serves on a full-time basis and may not be engaged in any other profession or occupation.
(d) The director:
(1) Shall have a good reputation, particularly as a person of honesty and integrity, and shall favorably pass a thorough background investigation prior to appointment;
(2) The director may not hold political office in the government of the state either by election or appointment while serving as director; and
(3) The director shall be a citizen of the United States and must become a resident of the state within ninety days of appointment.
(b) (e) In addition to the employees referred to above The Racing Commission Director, with the approval of the Racing Commission, shall employ, direct and define the duties of persons a chief clerk, director of security, director of audit, chief chemist stewards to represent the Racing Commission, supervisors of the pari-mutuel wagering conducted under the provisions of this article, veterinarians, inspectors, accountants, guards and all other employees deemed by the Racing Commission to be he or she deems essential in connection with any horse or dog race meeting. The Director of Audit shall be a certified public accountant or experienced public accountant.
(c) (f) No individual shall knowingly be employed or be continued in employment by the Racing Commission: in any capacity whatever:
(1) Who directly or indirectly, or in any capacity, owns or has any interest, in any manner whatever, in any racetrack where horse or dog race meetings may be held, including, but not limited to, an interest as owner, lessor, lessee, stockholder or employee;
(2) Who at the time is or has been within one year prior thereto a member of the Legislature or an elective officer of this state, unless he or she is experienced and qualified as a racing official; or
(3) Who has been or shall be convicted of an offense which, under the law of this state or any other state or of the United States of America, constitutes a felony, or is a violation of article four, chapter sixty-one of this code. Any steward employed by the Racing Commission or by a licensee shall be a person of integrity, and experienced and qualified for such position by the generally accepted practices and customs of horse or dog racing in the United States.
(d) (g) The racing secretary and all other All employees whose functions are required or needed under the provisions of this article of the Racing Commission shall serve at the will and pleasure of the Racing Commission Director. The racing secretary and the other employees referred to in this section as Employees of the Racing Commission shall receive such compensation as may be fixed by the Racing Commission Director, with the approval of the Racing Commission and within the limit of available funds. and shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(e) (h) All compensation and reimbursement for expenses of the members of the Racing Commission the racing secretary and all other employees of the Racing Commission shall be paid from the funds in the hands of the State Treasurer collected under the provisions of this article and shall be itemized in the budget in the same manner as all other departments of state government, but no reimbursement for expenses incurred shall be paid unless an itemized account thereof, under oath, be first filed with the State Auditor.
§19-23-6. Powers and authority of Racing Commission.
The Racing Commission has full jurisdiction over and shall supervise all horse race meetings, all dog race meetings and all persons involved in the holding or conducting of horse or dog race meetings and, in this regard, it has plenary power and authority:
(1) To investigate applicants and determine the eligibility of the applicants for a license or permit or construction permit under the provisions of this article;
(2) To fix, from time to time, the annual fee to be paid to the Racing Commission for any permit required under the provisions of section two of this article;
(3) To promulgate reasonable rules and regulations implementing and making effective the provisions of this article and the powers and authority conferred and the duties imposed upon the Racing Commission under the provisions of this article, including, but not limited to, reasonable rules and regulations under which all horse races, dog races, horse race meetings and dog race meetings shall be held and conducted, all of which reasonable rules and shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code: Provided, That in accordance with article three, chapter twenty-nine-a, the Racing Commission shall promulgate separate rules pertaining to the kinds of legal combination wagers which may be placed in connection with the pari-mutuel system of wagering authorized by this article;
(4) To register colors and assumed names and to fix, from time to time, the annual fee to be paid to the Racing Commission for any such registration;
(5) To fix and regulate the minimum purse to be offered during any horse or dog race meeting;
(6) To fix a minimum and a maximum number of horse races or dog races to be held on any respective racing day;
(7) To enter the office; horse racetrack; dog racetrack; kennel; facilities; training facilities and other places of business of any licensee or any training facilities to determine whether the provisions of this article and its reasonable rules and regulations are being complied with, and for this purpose, the Racing Commission, its racing secretary the Director of Racing, representatives and employees may visit, investigate and have free access to any such office, horse racetrack, dog racetrack, kennel, facilities and other places of business;
(8) To investigate alleged violations of the provisions of this article, its reasonable rules, orders and final decisions and to take appropriate disciplinary action against any licensee or permit holder or construction permit holder for the violation thereof or institute appropriate legal action for the enforcement thereof or take such disciplinary action and institute such legal action;
(9) By reasonable rules and regulations, To authorize stewards, starters and other racing officials to impose reasonable fines or other sanctions upon any person connected with or involved in any horse or dog racing or any horse or dog race meeting; and to authorize stewards to rule off the grounds of any horse or dog racetrack any tout, bookmaker or other undesirable individual determined inimical detrimental to the best interests of horse and dog racing or the pari-mutuel system of wagering in connection therewith;
(10) To require at any time the removal of any racing official or racing employee of any licensee, for the violation of any provision of this article, any reasonable rule and regulation of the Racing Commission or for any fraudulent practice;
(11) To acquire, establish, maintain and operate, or to provide by contract for the maintenance and operation of, a testing laboratory and related facilities, for the purpose of conducting saliva, urine and other tests on the horse or dog or horses or dogs run or to be run in any horse or dog race meeting, and to purchase all equipment and supplies considered necessary or desirable in connection with the acquisition, establishment, maintenance and operation of any testing laboratory and related facilities and all such tests;
(12) To hold up, in any disputed horse or dog race, the payment of any purse, pending a final determination of the results thereof. The commission shall promulgate a legislative rule which establishes a procedure the provides a time frame for a decision on a disputed race;
(13) To require each licensee to file an annual balance sheet and profit and loss statement pertaining to the licensee's horse or dog racing activities in this state, together with a list of each licensee's stockholders or other persons having any beneficial interest in the horse or dog racing activities of the licensee;
(14) To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of any books, records and other pertinent documents, and to administer oaths and affirmations to such witnesses, whenever, in the judgment of the Racing Commission, it is necessary to do so for the effective discharge of its duties under the provisions of this article;
(15) To keep accurate and complete records of its proceedings and to certify the same as may be appropriate;
(16) To take any other action that may be reasonable or appropriate to effectuate the provisions of this article and its reasonable rules and regulations;
(17) To provide breeders' awards, purse supplements and moneys for capital improvements at racetracks in compliance with section thirteen-b of this article; and
(18) To contract and be contracted with, plead and be impleaded, sue and have and use a common seal; and
(19) To hire three stewards, at each licensed race track, whose duty it is to supervise any horse or dog race meeting. Each race track shall reimburse the commission for the salary and benefits of 1 steward at each race track.
(18) (20) To mediate on site, upon request of a party, all disputes existing between the racetrack licensees located in this state and representatives of a majority of the horse owners and trainers licensed at the track which threaten to disrupt any scheduled racing event or events. The Racing Commission shall, upon the request of a party, mediate on site, all disputes existing between racetrack licensees and representatives of pari-mutuel clerks which threaten to disrupt any scheduled racing event or events. When a request for mediation is made, the commission shall designate from among its members one person to act as mediator in each dispute that arises. Each opposing party involved in any dispute shall negotiate in good faith with the goal of reaching a fair and mutual resolution. The mediator may issue recommendations designed to assist each side toward reaching a fair compromise: Provided, That no owner or operator or any horse owner or trainer or any pari-mutuel clerk licensed at the track may be required to abide by any recommendation made by any mediator acting pursuant to this subsection.
The Racing Commission shall not interfere in the internal business or internal affairs of any licensee.
(c) All special accounts and funds in this article that were previously created and maintained in a banking institution of the Racing Commission's choice shall be reestablished in the State Treasury by July 1, 2010.
§19-23-15. Investigation by the 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:
(1) Is convicted of an offense which, under the law of this state, of any other state or of the United States of America, any jurisdiction shall constitute constitutes 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 the 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 the licensee or permit holder were such the 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 the 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 may 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 the weight in deciding whether to approve or deny such the application and issue or refuse such the license or permit as is meet and proper under all of the circumstances.
§19-23-16. Procedures for hearing; right of appeal.
(a) Whenever the racing commission shall deny an application for a license or a permit or shall suspend or revoke a license or a permit, it shall make and enter an order to that effect and serve a copy thereof on the applicant, licensee or permit holder, as the case may be, in any manner in which a summons may be served in a civil action or by certified mail, return receipt requested. Such order shall state the grounds for the action taken, and, in the case of an order of suspension or revocation, shall state the effective date of such suspension or revocation.
(b) Whenever a majority of the stewards at any horse or dog race meeting shall suspend or revoke a permit, such suspension or revocation shall be effective immediately. The stewards shall, as soon as thereafter practicable, make and enter an order to that effect and serve a copy thereof on the permit holder, in any manner in which a summons may be served in a civil action or by certified mail, return receipt requested. Such order shall state the grounds for the action taken.
(c) Any person adversely affected by any such order shall be entitled to a hearing thereon if, within twenty days after service of a copy thereof if served in any manner in which a summons may be served as aforesaid or within twenty days after receipt of a copy thereof if served by certified mail as aforesaid, such person files with the racing commission a written demand for such hearing. A demand for hearing shall operate automatically to stay or suspend the execution of any order suspending or revoking a license, but a demand for hearing shall not operate to stay or suspend the execution of any order suspending or revoking a permit. The racing commission may require the person demanding such hearing to give reasonable security for the costs thereof and if such person does not substantially prevail at such hearing such costs shall be assessed against such person and may be collected by an action at law or other proper remedy.
(d) Upon receipt of a written demand for such hearing, the racing commission shall set a time and place therefor not less than ten and not more than thirty days thereafter. Any scheduled hearing may be continued by the racing commission upon its own motion or for good cause shown by the person demanding the hearing.
(e) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and the administrative procedures in connection with and following such hearing, with like effect as if the provisions of said article five were set forth in this subsection.
(f) Any such hearing shall be conducted by a quorum of the racing commission. For the purpose of conducting any such hearing, any member of the racing commission shall have the power and authority to issue subpoenas and subpoenas duces tecum as provided for in section six of this article. Any such subpoenas and subpoenas duces tecum shall be issued and served within the time, for the fees and shall be enforced, as specified in section one, article five of said chapter twenty- nine-a, and all of the said section one provisions dealing with subpoenas and subpoenas duces tecum shall apply to subpoenas and subpoenas duces tecum issued for the purpose of a hearing hereunder.
(g) At any such hearing the person who demanded the same may represent such person's own interests or be represented by an attorney-at-law admitted to practice before any circuit court of this state. Upon request by the racing commission, it shall be represented at any such hearing by the attorney general or his assistants without additional compensation. The racing commission, with the written approval of the attorney general, may employ special counsel to represent the racing commission at any such hearing.
(h) After any such hearing and consideration of all of the testimony, evidence and record in the case, the racing commission shall render its decision in writing. The written decision of the racing commission shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of such decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the person demanding such hearing, and his attorney of record, if any.
(i) The decision of the racing commission shall be final unless reversed, vacated or modified upon judicial review thereof in accordance with the provisions of section seventeen of this article.
(a) Hearings shall be governed by the provisions of article five, chapter twenty-nine-a.
(b) The commission may conduct the hearing or elect to have an administrative law judge conduct the hearing.
(c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commission so directs. The commission may accept, reject or modify the decision of the administrative law judge.
(d) Any member of the commission has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.
(e) If, after a hearing, the commission determines the licensee has violated any provision of this article or the commission's rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.
§19-23-17. Hearing and judicial review.

Any person adversely affected by a decision of the racing commission rendered after a hearing held in accordance with the provisions of section sixteen of this article shall be entitled to judicial review thereof. All of the pertinent provisions of section four, article five, chapter twenty-nine-a of this code shall apply to and govern such judicial review with like effect as if the provisions of said section four were set forth in this section, except that execution of a decision of suspension or revocation of a license shall be stayed or suspended pending a final judicial determination, and except that execution of a decision of suspension or revocation of a permit shall not be stayed or suspended pending a final judicial determination.
The judgment of the circuit court shall be final unless reversed, vacated or modified on appeal to the supreme court of appeals in accordance with the provisions of section one, article six, chapter twenty-nine-a of this code.
Legal counsel and services for the racing commission in all appeal proceedings in any circuit court and the supreme court of appeals shall be provided by the attorney general or his assistants and in any circuit court by the prosecuting attorney of the county as well, all without additional compensation. The racing commission, with the written approval of the attorney general, may employ special counsel to represent the racing commission at any such appeal proceedings.
Any licensee or permit holder adversely affected by a decision of the commission entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.


NOTE: The purpose of this bill is to expand the membership of the Racing Commission from three to five members and reorganizes the administrative functions of the West Virginia Racing Commission by establishing a State Racing Office and creating the position of Director of Racing. The Director of Racing will be a gubernatorial appointee and will be responsible for the daily management of the authorities and responsibilities of the West Virginia Racing Commission.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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