No. 33503 (Amendment): Section R359-1-501. Promoter's Responsibilities in Arranging a Contest

(Amendment)

DAR File No.: 33503
Filed: 03/23/2010 02:14:46 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment will allow promoters to have contestants pay a portion of their insurance deductible for injuries sustained during unarmed combat competition.

Summary of the rule or change:

This amendment will allow promoters to have contestants pay a portion of their insurance deductible for injuries sustained during unarmed combat competition. This amount cannot exceed more than 10% of the deductible or $1,000, whichever is less.

State statutory or constitutional authorization for this rule:

• Section 63C-11-101 et seq.

Anticipated cost or savings to:

the state budget:

The state is not responsible for providing insurance for medical, surgical, and hospital care for licensed contestants who are injured while engaged in a contest or exhibition. Consequently, there are no anticipated cost or savings.

local governments:

Local government is not responsible for providing insurance for medical, surgical, and hospital care for licensed contestants who are injured while engaged in a contest or exhibition. Consequently, there are no anticipated cost or savings.

small businesses:

Promoters are responsible for providing insurance for medical, surgical, and hospital care for licensed contestants who are injured while engaged in a contest or exhibition. Consequently, there will likely be some savings in insurance premiums and cost of reimbursing deductibles.

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

Promoters are currently responsible for providing insurance for medical, surgical, and hospital care for licensed contestants who are injured while engaged in a contest or exhibition, including the entire cost of the applicable insurance deductibles. This rule change would allow promoters to require contestants to pay up to 10% of the insurance deductible, not to exceed $1,000 for injuries sustained during a contest.

Compliance costs for affected persons:

Promoters are currently responsible for providing insurance for medical, surgical, and hospital care for licensed contestants who are injured while engaged in a contest or exhibition, including the entire cost of the applicable insurance deductibles. This rule change would allow promoters to require contestants to pay up to 10% of the insurance deductible, not to exceed $1,000 for injuries sustained during a contest.

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

This rule change allows promoters to hold contestants partially responsible the costs associated for medical, surgical, and hospital care and should help reduce costs in promoting events in Utah.

Alan Dayton, PSUAC 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:

05/17/2010

This rule may become effective on:

07/01/2010

Authorized by:

Bill Colbert, Secretary, PSUAC

RULE TEXT

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

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

R359-1-501. Promoter's Responsibilities in Arranging a Contest.

(1) Before a licensed promoter may hold a contest or single contest as part of a single promotion, the promoter shall file with the Commission an application for a permit to hold the contest not less than 15 days before the date of the proposed contest, or not less than seven days for televised contests.

(2) The application shall include the date, time, and place of the contest as well as information concerning the on-site emergency facilities, personnel, and transportation.

(3) The permit application must be accompanied by a contest registration fee determined by the Department under Section 63-38-32.

(4) Before a permit to hold a contest is granted, the promoter shall post a surety bond with the Commission in the amount of $10,000.

(5) Prior to the scheduled time of the contest, the promoter shall have available for inspection the completed physical facilities which will be used directly or indirectly for the contest. The designated Commission member shall inspect the facilities in the presence of the promoter or the promoter's authorized representative, and all deficiencies cited upon inspection shall be corrected before the contest.

(6) A promoter shall be responsible for verifying the identity, ring record, and suspensions of each contestant. A promoter shall be held responsible for the accuracy of the names and records of each of the participating contestants in all publicity or promotional material.

(7) A promoter shall be held responsible for a contest in which one of the contestants is disproportionately outclassed.

(8) Before a contest begins, the promoter shall give the designated Commission member the money for payment of contestants, referees, judges, and the attending physician. The designated Commission member shall pay each contestant, referee, judge, and physician in the presence of one witness.

(9) A promoter shall be not under the influence of alcohol or controlled substances during the contest and until all purses to the contestants and all applicable fees are paid to the commission, officials and ringside physician.

(10) At the time of an unarmed combat contest weigh-in, the promoter of a contest shall provide primary insurance coverage for each uninsured contestant and secondary insurance for each insured contestant in the amount of $10,000 for each licensed contestant to provide medical, surgical and hospital care for licensed contestants who are injured while engaged in a contest or exhibition:

(a) The term of the insurance coverage [must]shall not require the contestant to pay more than 10% of the insurance[a] deductible, not to exceed $500, for the medical, surgical or hospital care for injuries he sustains while engaged in a contest of exhibition. If the contestant is required to pay a portion of the insurance deductible, it shall be specified in the contestant's contract.

(b) If a licensed contestant pays for the medical, surgical or hospital care, the insurance proceeds [must]shall be paid to the contestant or his beneficiaries as reimbursement for the payment.

(c) The promoter [should]shall also have life insurance coverage of $10,000 for each contestant in case of death.

(d) The promoter shall include the name of the medical insurance provider, applicable time limits in filing a claim and instructions in how to file a claim in the contestant's contract.

(11) In addition to the payment of any other fees and money due under this part, the promoter shall pay the following event fees:

(a)(i) $100 for a contest or event occurring in a venue of fewer than 200 attendees;

(ii) $200 for a contest or event occurring in a venue of at least 200 attendees but fewer than 500 attendees;

(iii) $300 for a contest or event occurring in a venue of at least 500 attendees but fewer than 1,000 attendees;

(iv) $400 for a contest or event occurring in a venue of at least 1,000 attendees but fewer than 3,000 attendees;

(v) $600 for a contest or event occurring in a venue of at least 3,000 attendees but fewer than 5,000 attendees;

(vi) $1000 for a contest or event occurring in a venue of at least 5,000 attendees but fewer than 10,000 attendees; or

(viii) $2000 for a contest or event occurring in a venue of at least 10,000 attendees; and

(b) 3% of the first $500,000, and one percent of the next $1,000,000, of the total gross receipts from the sale, lease, or other exploitation of broadcasting, television, and motion picture rights for any contest or exhibition thereof, without any deductions for commissions, brokerage fees, distribution fees, advertising, contestants' purses or any other expenses or charges, except in no case shall the fee be more than $25,000.

(c) the applicable fees assessed by the Association of Boxing Commission designated official record keeper.

(d) the commission may exempt from the payment of all or part of the assessed fees under this section for a special contest or exhibition based on factors which include:

(i) a showcase event promoting a greater interest in contests in the state;

(ii) attraction of the optimum number of spectators;

(iii) costs of promoting and producing the contest or exhibition;

(iv) ticket pricing;

(v) committed promotions and advertising of the contest or exhibition;

(vi) rankings and quality of the contestants; and

(vii) committed television and other media coverage of the contest or exhibition.

(viii) contribution to a 501(c)(3) charitable organization.

 

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

Date of Enactment or Last Substantive Amendment: [October 28, 2009] 2010

Notice of Continuation: May 10, 2007

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

 

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