CHARLESTON, W.Va. (AP) – The West Virginia Supreme Court says the state Racing Commission didn’t engage in improper rule-making when it suspended the permits of seven jockeys for improper weigh outs before races.
The court on Wednesday overturned a Kanawha County Circuit Court ruling that reversed the commission’s 2009 decision.
The commission’s order said the jockeys acquiesced to improper weigh outs conducted by a former clerk of scales at Charles Town Races and Slots, now called Hollywood Casino at Charles Town.
In its order, the commission gave definitions to two undefined words in a state racing rule – connive and corrupt. The circuit court said giving the words definitions constituted improper rule-making.
The Supreme Court said an administrative body can give an undefined term in a rule its common and accepted meaning.
