No. 34482 (Amendment): Section R359-1-511. Event Officials

(Amendment)

DAR File No.: 34482
Filed: 03/01/2011 03:46:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The changes remove the announcer as an event official; permit the commission to test an event official for drugs, alcohol, or both; and assign a penalty schedule for an event official who tests positive for drugs or alcohol or refuses to provide a sample. The safety and welfare of the contestants depend on event officials who are not under the influence of drugs, alcohol, or both.

Summary of the rule or change:

The changes remove the announcer as an event official; permit the commission to test an event official for drugs, alcohol, or both; and assign a penalty schedule for an event official who tests positive for drugs or alcohol or refuses to provide a sample.

State statutory or constitutional authorization for this rule:

• Title 63C, Chapter 11

Anticipated cost or savings to:

the state budget:

This requirement will not negatively impact the commission's workload in regulating events. The cost of the drug and alcohol testing is estimated at $5 per test and is reimbursed by the event promoter. It is anticipated that testing will be rarely required, unless there is reasonable suspciion that an official is under the influence of drugs, alcohol, or both.

local governments:

The proposed rule change will not result in any anticipated cost or savings to local government since local government does not regulate unarmed combat.

small businesses:

A promoter will be required to pay for any requested tests, which is anticipated to be about $5 per test. However, it is estimated that there will be less than 10 tests per year required for event officials each year for each promoter at a net additional cost of less than $50 per year.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings for other entities because they will not be impacted by the proposed drug and alcohol test requirements.

Compliance costs for affected persons:

It is estimated that there will be less than 10 tests per year required for event officials each year for each promoter at a net additional cost of less than $50 per year.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule will give additional guidance and tools to ensure event officials are sober when fulfilling their responsibilities. The estimated cost is estimated to be less than $50 per year for any promoter.

Richard Montanez, Chair

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Governor
Economic Development, Pete Suazo Utah Athletic Commission
324 S STATE ST
STE 500
SALT LAKE CITY, UT 84111

Direct questions regarding this rule to:

• Bill Colbert at the above address, by phone at 801-538-8876, by FAX at 801-538-8888, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

04/14/2011

This rule may become effective on:

04/21/2011

Authorized by:

Bill Colbert, Director

RULE TEXT

R359. Governor, Economic Development, Pete Suazo Utah Athletic Commission.

R359-1. Pete Suazo Utah Athletic Commission Act Rule.

R359-1-511. Event Officials.

(1) Selection and approval of event officials for a contest, bout, program, match, or exhibition.

(a) The event officials are the referee(s), judges, timekeeper and physician(s).

(b) The commission shall approve all event officials.

(c) The number of event officials assigned is dependent on the number of rounds, bouts and/or championship bouts.

(d) The number of event officials required[ to be in attendance,] or the substitution of officials for any reason or at any time during the event shall be solely within the power and discretion of the Commission.

[ (e) The promoter may select the event announcer.

] (2) Event officials are prohibited from being under the influence of alcohol and/or illicit drugs.

(a) At the request of the Commission, an event official shall submit to a test of body fluids to determine the presence of drugs and/or alcohol. The event official shall give an adequate sample or it will deem to be a denial and prohibited from participating in future events. The promoter shall be responsible for any costs of testing.

(b) Unless the commission determines otherwise at a scheduled meeting, an event official who tests positive for alcohol and/or illegal drugs shall be penalized as follows:

(i) First offense - 180 day prohibition from participating in unarmed combat events.

(ii) Second offense - 1 year prohibition from participating in unarmed combat events.

(iii) Third offense - 2 year prohibition from participating in unarmed combat events.

([2]3) Event officials shall be stationed at places designated by the Commissioner in Charge or Director.

([3]4) Referees, judges, timekeepers and physicians shall be deemed to be independent contractors of the Commission.

([4]5) [All ring officials]The Judges, Referee(s) and Timekeeper [assigned and directed by the Commission to be in attendance]officiating at any event, bout, program, match, or exhibition shall be paid by the licensed promoter for the event in accordance with the fee schedule approved by the Commission.

(6) The promoter shall pay to the Commission the total fees set by the Commission for all officials whom the Commission [directs]approves to officiate in a contest or exhibition[ promoted by the promoter].

(7) Event Officials' Minimum Fee Schedule:

 

TABLE

  NUMBER OF BOUTS     REFEREE    JUDGE     TIMEKEEPER

          1-5           $100.00    $50.00      $35.00

           >5           $100.00   $100.00      $50.00

 

(8) If any licensee of the Commission protests the assignment of a referee or judge, the matter will be reviewed by two Commissioners or a Commissioner and the Commission Director and/or Chief Inspector in order to make such disposition of the protest as the facts may justify. Protests not made in a timely manner may be denied.

 

KEY: licensing, boxing, unarmed combat, white-collar contests

Date of Enactment or Last Substantive Amendment: [January 31,]2011

Notice of Continuation: May 10, 2007

Authorizing, and Implemented or Interpreted Law: 63C-11-101 et seq.

 

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