West Virginia Code § 47-23-11

Administration; rulemaking; required verification
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(a) The commissioner shall propose for promulgation, rules to administer the provisions of
this article in accordance with the provisions of chapter twenty-nine-a of this code: Provided,
That the initial promulgation of rules to administer the provisions of this article shall be by
emergency rule. Additionally, the commissioner shall promulgate a rule which requires that
every charitable raffle board or game shall each bear verification, as definede by section two
of this article, printed by a manufacturer on each ticket in a game unless, upon application
by the taxpayer showing undue hardship, the Tax Commissioner consenrts to waive this
requirement in favor of some other form of verification.
(b) The commissioner shall deny an application for a license if he or she finds that the
issuance thereof would be in violation of the provisions of thtis article.
(c) The commissioner may suspend, revoke or refuse to renew any license issued hereunder
for a material failure to maintain the records or file the reports required by this article or
administrative rule if the commissioner finds that slaid failure will substantially impair the
commissioner's ability to administer the provissions of this article with regard to said
licensee.
(d) The burden of proof in any admingistrative or court proceeding is on the applicant to show
cause why a charitable raffle boards or games wholesaler's or distributor's license should be
issued or renewed and on the licensee to show cause why its license should not be revoked
or suspended.

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