Current through Register Vol. XXXIX, No. 11, March 18, 2022
6.1. A quorum of
the West Virginia Lottery Commission or a hearing examiner or lesser group of
commission members designated by it may conduct any hearing.
6.2. The service of a petition for hearing
upon the director does not operate to suspend the execution of any suspension
or revocation of a lottery license or of a video lottery license or permit with
respect to which a hearing is being demanded.
6.3. The commission, or the hearing examiner
whom it appoints, shall set a date for any hearing demanded and will notify the
person demanding a hearing not later than seven days before the hearing date of
the date and time of the hearing.
6.4. The hearing will be held within thirty
days after receipt of the petition.
6.5. Hearings may not be delayed by a motion
for continuance made less that ten days before the date set for the hearing
unless both parties agree to the continuance.
6.6. The petitioner may appear individually,
or by legal counsel. If the petitioner is a corporation, partnership, limited
partnership, limited liability company or other recognized form of doing
business that is not a sole proprietorship, an officer of a corporation, a
partner of a partnership or member of a limited liability company may represent
6.7. All persons
appearing before the hearing examiner in the capacity of legal counsel are to
conform to the standards of ethical conduct required of attorneys before the
courts of the State of West Virginia. If any person does not conform to the
standards, the hearing examiner may decline to permit the person to continue to
appear in a representative capacity in the proceeding.
6.8. The hearing examiner may require the
parties to file briefs and reply briefs, to present oral argument or
6.9. The commission
encourages oral argument in lieu of the filing of briefs.
6.10. The time schedule for filing of briefs
and reply briefs will be established by the commission or the hearing examiner
prior to the conclusion of the hearing.