                                 CODE OF VIRGINIA

CONSIDERATION OF APPLICATION (§ 59.1-389)

A. The Commission shall promptly consider any application for a permit and issue
or deny such permit based on the information in the application and all other
information before it, including any investigation it deems appropriate. If an
application for a permit is approved, the Commission shall issue a permit, which
shall contain such information as the Commission deems appropriate. Such permit
shall be valid for one year; however, the permit of a licensee&#8217;s employee
shall expire automatically when such permit holder leaves the employment of the
licensee or at the end of one year, whichever occurs first. The licensee shall
promptly notify the Commission when a permit holder leaves the employment of the
licensee. The Commission shall establish criteria 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 it
finds that the issuance of such permit to such applicant would not be in the
interests of the people of the Commonwealth, or the horse racing industry of the
Commonwealth, or would reflect on the honesty and integrity of the horse racing
industry in the Commonwealth, or that the applicant:

   1. Has knowingly made a false statement of a material fact in the application,
   or has deliberately failed to disclose any information requested by the
   Commission;

   2. Is or has been found guilty of any corrupt or fraudulent practice or
   conduct in connection with horse racing in this or any other state;

   3. Has knowingly failed to comply with the provisions of this chapter or the
   regulations of the Commission;

   4. Has had a permit to engage in activity related to horse racing denied for
   just 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 permit if,
within the five years immediately preceding the date of his application for the
permit sought, the applicant has been convicted of a crime involving the
unlawful conduct of wagering, fraudulent use of a credential, unlawful
transmission of information, touting, bribery, or administration or possession
of drugs or any felony considered by the Commission to be detrimental to horse
racing in the Commonwealth; the denial shall be final unless an appeal is taken
under &#xA7; 59.1-373. Additionally, the Commission may deny the application and
refuse to issue any permit, if the applicant has been convicted of any such
crime committed prior to the five years immediately preceding the date of his
application.

D. The Commission may refuse to issue the permit if for any reason it feels the
granting of such permit is not consistent with the provisions of this chapter or
its responsibilities hereunder.

HISTORY: 1988, c. 855; 1991, c. 591; 1998, c. 619; 1999, c. 356.