A. The Commission, acting by and through its stewards or at a meeting at which a quorum is present, may suspend or revoke a permit issued under this chapter or fine the holder of such permit a sum not to exceed $10,000, or suspend a permit issued by this chapter and fine the holder of such permit a sum not to exceed $10,000 after a hearing for which proper notice has been given to the permittee, in any case where it determines by a preponderance of the evidence that any provision of this chapter, or any regulation or condition of the Commission, has not been complied with, or has been violated. The Commission may revoke such permit, after such hearing, if it finds that facts not known by it at the time it was considering the application indicate that such permit should not have been issued. Deliberations of the Commission under this section shall be conducted pursuant to the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). If any permit is suspended or revoked, the Commission shall state its reasons for doing so, which shall be entered of record. Such action shall be final unless an appeal is taken in accordance with § 59.1-373. Suspension or revocation of a permit by the Commission for any violation shall not preclude criminal liability for such violation.
B. The Commission, acting by and through its stewards, or at a meeting at which a quorum is present, may summarily suspend the permit of a person for a period of not more than 90 days pending a hearing and final determination by the Commission or its stewards, if the Commission or its stewards determine the protection of the integrity of horse racing requires emergency action. The Commission or its stewards shall (i) schedule a hearing within 14 business days after the permit is summarily suspended and (ii) notify the permit holder, not less than five business days before the hearing, of the date, time and place of the hearing.
1988, c. 855; 1990, c. 456; 1991, c. 591; 1998, c. 619; 2005, c. 700.
Structure Code of Virginia
Title 59.1 - Trade and Commerce
Chapter 29 - Horse Racing and Pari-Mutuel Wagering
§ 59.1-364. Control of racing with pari-mutuel wagering
§ 59.1-366. The Virginia Racing Commission created; members
§ 59.1-367. Legal representation
§ 59.1-368. Financial interests of Commission members, employees and family members prohibited
§ 59.1-369. Powers and duties of the Commission
§ 59.1-370. Commission; Executive Secretary; staff; stewards
§ 59.1-370.1. State Racing Operations Fund
§ 59.1-371. Fingerprints and background investigations; investigations from other states
§ 59.1-372. Virginia Breeders Fund
§ 59.1-373. Hearing and appeal
§ 59.1-375. Owner's and operator's license required
§ 59.1-376. Limited licenses; transfer of meet; taxation; authority to issue; limitations
§ 59.1-377. Application for owner's license
§ 59.1-378. Issuance of owner's license
§ 59.1-378.1. Licensing of owners or operators of certain pari-mutuel facilities
§ 59.1-379. Refusal of owner's license
§ 59.1-380. Duration, form of owner's license; bond
§ 59.1-381. Application for operator's license
§ 59.1-382. Issuance of operator's license
§ 59.1-383. Duration, form of operator's license; bond
§ 59.1-384. Denial of license final
§ 59.1-385. Suspension or revocation of license
§ 59.1-386. Acquisition of interest in licensee
§ 59.1-387. Permit required; exception
§ 59.1-388. Application for permit
§ 59.1-389. Consideration of application
§ 59.1-390. Suspension or revocation of permit; fine
§ 59.1-391. Local referendum required
§ 59.1-392. Percentage retained; tax
§ 59.1-392.1. Advance deposit account wagering revenues; distribution
§ 59.1-394.1. Live Horseracing Compact; form of compact
§ 59.1-394.2. Compact Committee members
§ 59.1-394.3. Cooperation of departments, agencies and officers of the Commonwealth
§ 59.1-394.4. Racing Commission powers preserved
§ 59.1-395. Unlawful conduct of wagering
§ 59.1-396. Fraudulent use of credential
§ 59.1-397. Unlawful transmission of information
§ 59.1-399. Bribing of a jockey, driver or other participant
§ 59.1-400. Prohibited acts, administration of drugs, etc.; penalty
§ 59.1-402. Racing under false name; penalty
§ 59.1-403. Prohibition on persons under 21 years of age; penalty