Current through Register Vol. XLI, No. 42, October 18, 2024
Section 178-6-2 - DefinitionsAs used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.
2.1. "Appeal" means a request for the Racing Commission or its designee to consider and review any decisions or rulings of the stewards/judges of a meeting or to consider and review the ejection of an occupational permit holder by an association as authorized by 178CSR1, §6.1. and 178CSR2, §6.1.2.2. "Association" or "racing association" means any individual, partnership, firm, association, corporation or other entity or organization of whatever character or description licensed by the Racing Commission to conduct horse or dog racing and pari-mutuel wagering.2.3. "Clear and convincing evidence" means evidence which results in a reasonable certainty of the truth of the ultimate fact in controversy.2.4. "Complaint" means a written allegation of a violation of the rules of racing and/or W. Va. Code § 19-23-1et seq.2.5. "Day" means a calendar day.2.6. "De novo" means a new hearing or a hearing for a second time conducted in the same or a similar manner in which the matter was originally heard and with a review of the previous hearing.2.7. "Ejection" or "ejection by an association" and "exclusion" or "exclusion by an association" mean the refusal of an association to admit onto or to allow a permit holder to remain on its grounds, either of which is subject to appeal to the Racing Commission pursuant to 178CSR1, §6.1. and 178CSR2, §6.1.2.8. "Judge" means a duly appointed greyhound racing official with powers and duties specified by W. Va. Code § 19-23-1et seq. and/or 178CSR2.2.9. "Licensee" means any racing association holding a license required by W. Va. Code § 19-23-1et seq.2.10. "Permit holder" means any person holding a permit required by W. Va. Code § 19-23-1et seq.2.11. "Preponderance of the evidence" means evidence which is of a greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.2.12. "Steward" means a duly appointed thoroughbred racing official with powers and duties specified by W. Va. Code § 19-23-1et seq. and/or 178CSR1.