Current through Register Vol. 41, No. 3, September 23, 2024
A. Upon receiving a notice that (i) an
application for a license or the renewal of a license has been denied by the
director, or (ii) the director intends to or has already taken action to
suspend or revoke a current license, the applicant or licensed retailer may
appeal by filing a written notice of appeal requesting a conference on the
licensing action. The notice of appeal shall be submitted within 30 days of
receipt of the notice of the licensing action.
1. Receipt of a notice of the licensing
action that is mailed in an envelope bearing a United States Postal Service
postmark is presumed to have taken place not later than the third day following
the day of mailing to the last known address of the applicant or licensed
retailer. If the third day falls upon a day on which mail is not delivered by
the United States Postal Service, the notice is presumed to have been received
on the next business day. The "last known address" means the address shown on
the application of an applicant or licensed retailer unless a more current
address has been provided to the agency by the applicant or licensed
retailer.
2. The notice of appeal
will be timely if it bears a United States Postal Service postmark showing
mailing on or before the 30th day prescribed in subdivision 1 of this
subsection.
B. A notice
of appeal may be mailed or hand delivered to the director at the Virginia
Lottery headquarters office.
1. A notice of
appeal delivered by hand will be timely only if received at the headquarters of
the Virginia Lottery within the time allowed by subsection A of this
section.
2. Delivery to any other
Virginia Lottery office or to lottery sales personnel by hand or by mail is not
sufficient.
3. The appellant
assumes full responsibility for the method chosen to file the notice of
appeal.
C. The notice of
appeal shall state:
1. The decision of the
director that is being appealed;
2.
The legal and factual basis for the appeal;
3. The retailer's license number;
and
4. Any additional information
the appellant may wish to include concerning the appeal.
Statutory Authority: §§ 2.2-4007.02 and
58.1-4007 of the Code of Virginia (11VAC5-11-10,
11VAC5-11-20) .
§ 58.1-4007 of the Code of Virginia (all other
sections).
