W.Va. Court Rules Upholds Exclusion Appeals

Occupational license holders who are ejected from tracks in state can appeal.

A West Virginia court has decided not to change the West Virginia Racing Commission's ability to review cases when a track chooses to eject and exclude a license holder, typically a trainer, jockey, or owner, from participating.

When occupational license holders are excluded by one of the state's tracks, the WVRC has said those license holders are allowed to have the decision reviewed by the commission.

Kanawha County Circuit Court in Charleston, W.Va., on Nov. 14 dismissed with prejudice a rule motion filed May 16, 2012 by Hollywood Casino At Charles Town Races owner Penn National Gaming asking the court to reconsider a decision to not change certain WVRC procedures in hearing such appeals.

Several back and forth legal moves had taken place this year before the court granted summary judgment in favor of the WVRC.

In Feb. 2012, the WVRC adopted procedural rules that allow occupational permit-holders the ability to appeal racetrack ejections. The rule process followed a 2011 Supreme Court of Appeals decision to allow permit holders the right to appeal such ejections.