No. 31566 (Amendment): R859-1-501. Promoter's Responsibility in Arranging Contests - Permit Fee, Bond, Restrictions

DAR File No.: 31566
Filed: 06/16/2008, 10:09
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Several contestants have been injured and have claimed they have not been adequately informed or compensated for their medical treatment. This proposed amendment will provide additional clarity and guidance for contest promoters and will establish minimum requirements for contestant medical insurance and prohibit the consumption of alcohol during a contest by a promoter.

Summary of the rule or change:

Currently, minimal guidance is provided concerning contestant medical insurance requirements. The proposed change will establish minimum requirements for contestant medical insurance. Current rules prohibit the consumption of alcohol by other unarmed combat licensees, with the exception of the promoter, actively involved in the contests. This proposed rule change would remove this inconsistency.

State statutory or constitutional authorization for this rule:

Section 63C-11-316

Anticipated cost or savings to:

the state budget:

None--The proposed rule amendment will not impact the state budget. The proposed action ensures the event promoter is required to provide medical insurance for their contestants, rather than have prompt medical treatment being avoided or the costs borne by a third party.

local governments:

None--The proposed rule amendment will not impact local government. The proposed action ensures the event promoter is required to provide medical insurance for their contestants, rather than have prompt medical treatment being avoided or the costs borne by a third party.

small businesses and persons other than businesses:

Promoters will be required to provide medical insurance for all contestants. Providing this insurance may cost $2,000 per event, if the proposed rule is adopted as written mandating the insurance be primary, rather than secondary insurance. If the insurance is only required to be secondary, the estimated cost would drop to $500 per event. The proposed action ensures the event promoter is required to provide medical insurance for their contestants, rather than have prompt medical treatment being avoided or the costs borne by a third party.

Compliance costs for affected persons:

The costs are projected at between $500 and $2,000 per unarmed combat event. The number of unarmed events vary by promoter and may range from 1 to 50 per year and could result in a potential annual compliance cost varying between $500 and $100,000.

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

The proposed rule will increase the cost to conduct unarmed combat events. This cost is estimated to not exceed $2,000 per event. However, it will facilitate that uninsured athletes receive essential medical treatment for injuries sustained during a competition. Alan Dayton, PSUAC Chairman

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

Sports Authority (Utah)
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:

07/31/2008

Interested persons may attend a public hearing regarding this rule:

7/09/2008 at 12:00 PM, PSUAC, 324 S STATE ST, STE 500, Salt Lake City, UT

This rule may become effective on:

08/07/2008

Authorized by:

Bill Colbert, Secretary, PSUAC

RULE TEXT

R859. Sports Authority (Utah), Pete Suazo Utah Athletic Commission.

R859-1. Pete Suazo Utah Athletic Commission Act Rule.

R859-1-501. Promoter's Responsibility in Arranging Contests-Permit Fee, Bond, Restrictions.

(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.

([9]10) At the time of [a boxing]an unarmed combat contest weigh-in, the promoter of a contest shall provide [evidence of health insurance pursuant to Public Law 104272, "The Professional Boxing Safety Act of 1996."]primary insurance coverage 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 not require the contestant to pay a deductible for the medical, surgical or hospital care for injuries he sustains while engaged in a contest of exhibition.

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

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

 

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

Date of Enactment or Last Substantive Amendment: [May 1, ]2008

Notice of Continuation: May 10, 2007

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