State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-390

§ 59.1-390. Suspension or revocation of permit; fine.

A. The Commission, acting by and through its stewards or at a meeting atwhich a quorum is present, may suspend or revoke a permit issued under thischapter or fine the holder of such permit a sum not to exceed $10,000, orsuspend a permit issued by this chapter and fine the holder of such permit asum not to exceed $10,000 after a hearing for which proper notice has beengiven to the permittee, in any case where it determines by a preponderance ofthe evidence that any provision of this chapter, or any regulation orcondition of the Commission, has not been complied with, or has beenviolated. The Commission may revoke such permit, after such hearing, if itfinds that facts not known by it at the time it was considering theapplication indicate that such permit should not have been issued.Deliberations of the Commission under this section shall be conductedpursuant to the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). If any permit is suspended or revoked, the Commissionshall state its reasons for doing so, which shall be entered of record. Suchaction shall be final unless an appeal is taken in accordance with §59.1-373. Suspension or revocation of a permit by the Commission for anyviolation shall not preclude criminal liability for such violation.

B. The Commission, acting by and through its stewards, or at a meeting atwhich a quorum is present, may summarily suspend the permit of a person for aperiod of not more than 90 days pending a hearing and final determination bythe Commission or its stewards, if the Commission or its stewards determinethe protection of the integrity of horse racing requires emergency action.The Commission or its stewards shall (i) schedule a hearing within 14business days after the permit is summarily suspended and (ii) notify thepermit holder, not less than five business days before the hearing, of thedate, time and place of the hearing.

(1988, c. 855; 1990, c. 456; 1991, c. 591; 1998, c. 619; 2005, c. 700.)

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-390

§ 59.1-390. Suspension or revocation of permit; fine.

A. The Commission, acting by and through its stewards or at a meeting atwhich a quorum is present, may suspend or revoke a permit issued under thischapter or fine the holder of such permit a sum not to exceed $10,000, orsuspend a permit issued by this chapter and fine the holder of such permit asum not to exceed $10,000 after a hearing for which proper notice has beengiven to the permittee, in any case where it determines by a preponderance ofthe evidence that any provision of this chapter, or any regulation orcondition of the Commission, has not been complied with, or has beenviolated. The Commission may revoke such permit, after such hearing, if itfinds that facts not known by it at the time it was considering theapplication indicate that such permit should not have been issued.Deliberations of the Commission under this section shall be conductedpursuant to the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). If any permit is suspended or revoked, the Commissionshall state its reasons for doing so, which shall be entered of record. Suchaction shall be final unless an appeal is taken in accordance with §59.1-373. Suspension or revocation of a permit by the Commission for anyviolation shall not preclude criminal liability for such violation.

B. The Commission, acting by and through its stewards, or at a meeting atwhich a quorum is present, may summarily suspend the permit of a person for aperiod of not more than 90 days pending a hearing and final determination bythe Commission or its stewards, if the Commission or its stewards determinethe protection of the integrity of horse racing requires emergency action.The Commission or its stewards shall (i) schedule a hearing within 14business days after the permit is summarily suspended and (ii) notify thepermit holder, not less than five business days before the hearing, of thedate, time and place of the hearing.

(1988, c. 855; 1990, c. 456; 1991, c. 591; 1998, c. 619; 2005, c. 700.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-59-1 > Chapter-29 > 59-1-390

§ 59.1-390. Suspension or revocation of permit; fine.

A. The Commission, acting by and through its stewards or at a meeting atwhich a quorum is present, may suspend or revoke a permit issued under thischapter or fine the holder of such permit a sum not to exceed $10,000, orsuspend a permit issued by this chapter and fine the holder of such permit asum not to exceed $10,000 after a hearing for which proper notice has beengiven to the permittee, in any case where it determines by a preponderance ofthe evidence that any provision of this chapter, or any regulation orcondition of the Commission, has not been complied with, or has beenviolated. The Commission may revoke such permit, after such hearing, if itfinds that facts not known by it at the time it was considering theapplication indicate that such permit should not have been issued.Deliberations of the Commission under this section shall be conductedpursuant to the provisions of the Virginia Freedom of Information Act (§2.2-3700 et seq.). If any permit is suspended or revoked, the Commissionshall state its reasons for doing so, which shall be entered of record. Suchaction shall be final unless an appeal is taken in accordance with §59.1-373. Suspension or revocation of a permit by the Commission for anyviolation shall not preclude criminal liability for such violation.

B. The Commission, acting by and through its stewards, or at a meeting atwhich a quorum is present, may summarily suspend the permit of a person for aperiod of not more than 90 days pending a hearing and final determination bythe Commission or its stewards, if the Commission or its stewards determinethe protection of the integrity of horse racing requires emergency action.The Commission or its stewards shall (i) schedule a hearing within 14business days after the permit is summarily suspended and (ii) notify thepermit holder, not less than five business days before the hearing, of thedate, time and place of the hearing.

(1988, c. 855; 1990, c. 456; 1991, c. 591; 1998, c. 619; 2005, c. 700.)