(a) Right to a hearing. -- Except as otherwise provided by law, before the commission takes any adverse action involving a licensee under the provisions of this article, it shall give the persons against whom the action is contemplated an opportunity for a hearing before the commission or a hearing examiner designated by the commission.
(b) Notice of hearing and right to counsel. -- The commission shall give notice and hold the hearing in accordance with article five, chapter twenty-nine-a of this code. The notice shall be sent to the person by certified mail addressed to the last known address of the person at least thirty days before the hearing. The person may be represented at the hearing by legal counsel.
(c) Failure to comply with subpoena. -- If a person fails to comply with a subpoena issued for purposes of this section, on petition of the commission, the circuit court may compel obedience to the subpoena. If after due notice the person against whom the action is contemplated fails or refuses to appear or provide the item or items for which a subpoena duces tecum was issued, the commission or the commission's designated hearing examiner may hear and determine the matter.
(d) Appeal. -- Any person aggrieved by a final order or decision of the commission in a contested case may file a petition for appeal in the circuit court of Kanawha County within thirty days after the person received notice of the final order or decision, as provided in section four, article five, chapter twenty-nine-a of this code.
Structure West Virginia Code
Chapter 29. Miscellaneous Boards and Officers
Article 22C. West Virginia Lottery Racetrack Table Games Act
§29-22C-4. Commission Duties and Powers
§29-22C-5. Appointment of Commission Staff; Conditions of Employment
§29-22C-7. Local Option Election
§29-22C-8. License to Operate a Racetrack With West Virginia Lottery Table Games
§29-22C-9. State Ownership of Table Games
§29-22C-10. Duties of Racetrack Table Games Licensee
§29-22C-11. Reports by a Racetrack Table Games Licensee
§29-22C-12. License to Supply a Racetrack With Gaming Equipment or Services
§29-22C-13. License to Be Employed in a Racetrack With West Virginia Lottery Table Games
§29-22C-14. License to Be a Provider of Management Services
§29-22C-15. License or Registration Prohibitions
§29-22C-16. License or Registration Denial, Revocation, Suspension, and Reprimand
§29-22C-17. Hearing Procedures
§29-22C-18. Notice of License Expiration and Renewal
§29-22C-19. Miscellaneous License Provisions
§29-22C-20. Game Rules of Play; Disputes
§29-22C-21. Betting Limits; Operations and Services
§29-22C-22. Posting of Betting Limits
§29-22C-23. Complimentary Service, Gift, Cash or Other Item
§29-22C-25. Inspection and Seizure
§29-22C-26. Tax on the Privilege of Holding a License to Operate West Virginia Lottery Table Games
§29-22C-28. Prohibition on Unauthorized Wagering
§29-22C-29. Offenses and Penalties
§29-22C-30. Forfeiture of Property