CODE OF VIRGINIA

SUSPENSION OR REVOCATION OF LICENSE (§ 59.1-385)

A. After a hearing with fifteen days’ notice the Commission may suspend or
revoke any license, or fine the holder thereof a sum not to exceed $ 100,000, in
any case where it has reason to believe 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 a license if it finds that facts not
known by it at the time it considered the application indicate that such license
should not have been issued.

B. The Commission shall revoke any license issued under § 59.1-382 for the
operation of a satellite facility if the licensee, within one year of issuance
of the satellite facility license, fails to conduct live racing at a racetrack
licensed pursuant to § 59.1-382 or fails to conduct, without the permission of
the Commission, the live racing days assigned to the licensee by the Commission.

C. The Commission, at a meeting at which a quorum of the members is present, may
summarily suspend any license for a period of not more than ninety days pending
a hearing and final determination by the Commission if the Commission determines
that emergency action is required to protect the public health, safety and
welfare including, but not limited to, revenues due the Commonwealth, localities
and the horsemen’s purse account. The Commission shall (i) schedule a
hearing within fourteen business days after the license is summarily suspended
and (ii) notify the licensee not less than five business days before the hearing
of the date, time, and place of the hearing.

D. Deliberations of the Commission hereunder shall be conducted pursuant to the
provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). If
any such license 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 appealed in accordance with § 59.1-373. Suspension or revocation of a
license by the Commission for any violation shall not preclude criminal
liability for such violation.

HISTORY: 1988, c. 855; 1991, c. 591; 1995, cc. 212, 275; 2000, c. 1031.