No. 27312 (Amendment): R151-33. Pete Suazo Utah Athletic Commission Act Rule

DAR File No.: 27312
Filed: 07/28/2004, 09:09
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change adds or amends provisions for purposes of compliance with recent statutory amendments and with national boxing standards. It also clarifies adjudicative procedures before the Commission.

 

Summary of the rule or change:

The changes include: 1) removes "nominal value" from definitions in Subsection R151-33-102(6) as it is no longer used in the Athletic Commission statute and removes the reference to "nominal value" in Section R151-33-902; 2) revises and clarifies adjudicative procedures in Sections R151-33-401 and R151-33-402; 3) changes the time frame in which contestants can receive prefight physicals prior to an event to better accommodate the unarmed combat industry; and 4) increases the cruiserweight classification in Subsection R151-33-601(1)(p) to 200 pounds in accordance with national standards.

 

State statutory or constitutional authorization for this rule:

Section 13-33-101 et seq.

 

Anticipated cost or savings to:

the state budget:

There may be some costs as a result of an administrative law judge conducting the hearings, but that cost can be absorbed within the current budget.

 

local governments:

No impact is anticipated, because local government is not involved in the regulation or enforcement of the unarmed combat industry.

 

other persons:

No costs to licensees or other individuals are anticipated as a result of these amendments. The costs as to removing the "nominal value" definition have already been addressed through passage of the recent statutory amendments, S.B. 149 (2004 Legislative Session). The amendment relating to prefight physicals will better accommodate "last minute" entries into unarmed combat competitions, but no cost impact is apparent. Finally, no cost to other persons is apparent as to the amendment of adjudicative procedures. (DAR NOTE: S.B. 149 is found at UT L 2004 Ch 17, and was effective 05/03/2004.)

 

Compliance costs for affected persons:

No costs to licensees or other individuals are anticipated as a result of these amendments. The costs as to removing the "nominal value" definition have already been addressed through passage of the recent statutory amendments, S.B. 149 (2004). The amendment relating to prefight physicals will better accommodate "last minute" entries into unarmed combat competitions, but no cost impact is apparent. Finally, no cost to regulated persons is apparent as to the amendment of adjudicative procedures.

 

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

There appears to be no fiscal impact to businesses as a result of amendments to the provisions on adjudicative procedures, prefight physicals or weight classifications. The Utah Legislature has already addressed any fiscal impact to businesses as to removing the "nominal value" definition through its passage of S.B. 149 in the 2004 Legislative Session.

 

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

Commerce
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

 

Direct questions regarding this rule to:

Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, 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:

09/14/2004

 

This rule may become effective on:

09/15/2004

 

Authorized by:

Klare Bachman, Executive Director

 

 

RULE TEXT

R151. Commerce, Administration.

R151-33. Pete Suazo Utah Athletic Commission Act Rule.

R151-33-102. Definitions.

In addition to the definitions in Title 13, Chapter 33, the following definitions are adopted for the purpose of this Rule:

(1) "Boxing" means the sport of attack and defense using the fist, covered by an approved boxing glove.

(2) "Designated Commission member" means a member of the Commission designated as supervisor for a contest and responsible for the conduct of a contest, as assisted by other Commission members, Commission personnel, and others, as necessary and requested by the designated Commission member.

(3) "Drug" means a controlled substance, as defined in Title 58, Chapter 37, Utah Controlled Substances Act, or alcohol.

(4) "Elimination Tournament" means a contest involving unarmed combat in which contestants compete in a series of matches until not more than one contestant remains in any weight category.

(5) "Mandatory count of eight" means a required count of eight that is given by the referee of a boxing contest to a contestant who has been knocked down.

(6) ["Nominal Value" means a trophy, plaque, or ribbon that is valued at no more than $35.

(7) ]"Unprofessional conduct" is as defined in Subsection 13-33-102(21), and is defined further to include the following:

(a) as a promoter, failing to promptly inform the Commission of all matters relating to the contest;

(b) as a promoter, substituting a contestant in the 24 hours immediately preceding the scheduled contest without approval of the Commission;

(c) violating the rules for conduct of contests;

(d) testing positive for drugs or alcohol in a random body fluid screen before or after participation in any contest;

(e) testing positive for HIV;

(f) failing or refusing to comply with a valid order of the Commission or a representative of the Commission; and

(g) for a promoter and a contestant, entering into a secret contract that contradicts the terms of the contract(s) filed with the Commission.

 

R151-33-401. Designation of Adjudicative Proceedings.

(1) Formal Adjudicative Proceedings. The following proceedings before the Commission are designated as formal adjudicative proceedings:

(a) any action to revoke, suspend, restrict, place on probation or enter a reprimand as to a license[ revocation, suspension, or immediate suspension];[ and]

(b) approval or denial of applications for renewal of a license;

(c) any proceedings conducted subsequent to the issuance of a cease and desist order; and

(d) the withholding of a purse by the Commission pursuant to Subsection 13-33-504(3).

(2) Informal Adjudicative Proceedings.[

(a)] The following proceedings before the Commission[initiated by a request for agency action] are designated as informal adjudicative proceedings:

(a[i]) approval or denial of applications for initial licensure;

(b[ii]) approval or denial of applications for [renewal of a license;

(iii) applications for ]reinstatement of a license; and

(c[iv]) protests against the results of a match.[

(b) The following proceedings initiated by a notice of agency action are designated as informal adjudicative proceedings;

(i) the restriction or probation of a license;

(ii) a public or private reprimand against a licensee; and

(iii) any proceedings conducted subsequent to the issuance of a cease and desist order.]

(3) Any other adjudicative proceeding before the Commission not specifically listed in Subsections (1) and (2) above, is designated as an informal adjudicative proceeding.

 

R151-33-402. Adjudicative Proceedings in General.

(1) The procedures for formal adjudicative proceedings are set forth in Sections 63-46b-6 through 63-46b-10; the Department of Commerce Administrative Procedures Act Rule, R151-46b; and this Rule.

(2) The procedures for informal adjudicative proceedings are set forth in Section 63-46b-5; Rule R151-46b; and this Rule.

(3) No evidentiary hearings shall be held in informal adjudicative proceedings before the Commission with the exception of protests against the results of a match in which an evidentiary hearing is permissible if timely requested. Any request for a hearing with respect to a protest of match results shall comply with the requirements of Section R151-33-404.

(4) Unless otherwise specified by the Commission, an administrative law judge shall be designated as the presiding officer to conduct any hearings in adjudicative proceedings before the Commission and thus rule on evidentiary issues and matters of law or procedure.[The Commission shall act as the presiding officers in all adjudicative proceedings. The Commission shall appoint one Commission member to act as presiding officer for questions of law and the remaining Commission members shall act as presiding officers for questions of fact.]

(5[4]) The Commission shall be designated as the sole presiding officer in any adjudicative proceeding where no evidentiary hearing is conducted. The Commission shall be designated as the presiding officer to serve as the fact finder at evidentiary hearings.

(6) A majority vote of the Commission [members acting as presiding officers for questions of fact ]shall constitute its[the Commission's] decision. [In the event of a tie vote, the Commission member acting as presiding officer for questions of law shall cast the deciding vote.

(5) ]Orders of the Commission shall be issued in accordance with Section 63-46b-10 for formal adjudicative proceedings, [and ]Subsection 63-46b-5(1)(i) for informal adjudicative proceedings, and shall be signed by the Director or, in his or her absence, by the Chair[man] of the Commission.

 

R151-33-505. Physical Examination - Physician.

(1) Not less than [eight]one hour[s] before a contest, each contestant shall be given a medical examination by a physician who is appointed by the designated Commission member. The examination shall include a detailed medical history and a physical examination of all of the following:

(a) eyes;

(b) teeth;

(c) jaw;

(d) neck;

(e) chest;

(f) ears;

(g) nose;

(h) throat;

(i) skin;

(j) scalp;

(k) head;

(l) abdomen;

(m) cardiopulmonary status;

(n) neurological, musculature, and skeletal systems;

(o) pelvis; and

(p) the presence of controlled substances in the body.

(2) If after the examination the physician determines that a contestant is unfit for competition, the physician shall notify the Commission of this determination, and the Commission shall prohibit the contestant from competing.

(3) The physician shall provide a written certification of those contestants who are in good physical condition to compete.

(4) Before a bout, a female contestant shall provide the ringside physician with the results of a pregnancy test performed on the contestant within the previous 14 days. If the results of the pregnancy test are positive, the physician shall notify the Commission, and the Commission shall prohibit the contestant from competing.

(5) A female contestant with breast implants shall be denied a license.

(6) A contestant who has had cardiac surgery shall not be issued a license unless he is certified as fit to compete by a cardiovascular surgeon.

(7) A contest shall not begin until a physician and an attended ambulance are present. The physician shall not leave until the decision in the final contest has been announced and all injured contestants have been attended to.

(8) The contest shall not begin until the physician is seated at ringside. The physician shall remain at that location for the entire fight, unless it is necessary for the physician to attend to a contestant.

 

R151-33-601. Boxing - Contest Weights and Classes.

(1) Boxing weights and classes are established as follows:

(a) Strawweight: up to 105 lbs. (47.627 kgs.)

(b) Light-Flyweight: over 105 to 108 lbs. (47.627 to 48.988 kgs.)

(c) Flyweight: over 108 to 112 lbs. (48.988 to 50.802 kgs.)

(d) Super Flyweight: over 112 to 115 lbs. (50.802 to 52.163 kgs.)

(e) Bantamweight: over 115 to 118 lbs. (52.163 to 53.524 kgs.)

(f) Super Bantamweight: over 118 to 122 lbs. (53.524 to 55.338 kgs.)

(g) Featherweight: over 122 to 126 lbs. (55.338 to 57.153 kgs.)

(h) Super Featherweight: over 126 to 130 lbs. (57.153 to 58.967 kgs.)

(i) Lightweight: over 130 to 135 lbs. (58.967 to 61.235 kgs.)

(j) Super Lightweight: over 135 to 140 lbs. (61.235 to 63.503 kgs.)

(k) Welterweight: over 140 to 147 lbs. (63.503 to 66.678 kgs.)

(l) Super Welterweight: over 147 to 154 lbs. (66.678 to 69.853 kgs.)

(m) Middleweight: over 154 to 160 lbs. (69.853 to 72.574 kgs.)

(n) Super Middleweight: over 160 to 168 lbs. (72.574 to 76.204 kgs.)

(o) Light-heavyweight: over 168 to 175 lbs. (76.204 to 79.378 kgs.)

(p) Cruiserweight: over 175 to [195]200 lbs. (79.378 to [88.451]90.80 kgs.)

(q) Heavyweight: all over [195]200 lbs. ([88.451]90.80 kgs.)

(2) A contestant shall not fight another contestant who is outside of the contestant's weight classification unless prior approval is given by the Commission.

(3) A contestant who has contracted to box in a given weight class shall not be permitted to compete if he or she exceeds that weight class at the weigh-in, unless the contract provides for the opposing contestant to agree to the weight differential. If the weigh-in is held the day before the contest and if the opposing contestant does not agree or the contract does not provide for a weight exception, the contestant may have two hours to attempt to lose not more than three pounds in order to be reweighed.

(4) The Commission shall not allow a contest in which the contestants are not fairly matched. In determining if contestants are fairly matched, the Commission shall consider all of the following factors with respect to the contestant:

(a) the win-loss record of the contestants;

(b) the weight differential;

(c) the caliber of opponents;

(d) each contestant's number of fights; and

(e) previous suspensions or disciplinary actions.

 

R151-33-902. Definitions.

Pursuant to Section 13-33-304, the Commission adopts the following definitions:

(1) For purposes of Subsection 13-33-304(3), "[A]amateur [B]boxing" means a live boxing contest conducted in accordance with the standards and regulations of USA Boxing, Inc., and in which[where] the contestants participate for a non-cash purse[prize of nominal value as defined in the Pete Suazo Utah Athletic Commission Act].

(2) "Applicant" means an Organization Which Promotes Amateur Boxing in the State as defined in this section.

(3) "Grant" means the Commission's distribution of monies as authorized under Section 13-33-304(3).

(4) "Organization Which Promotes Amateur Boxing in the State" means an amateur boxing club located within the state, registered with USA Boxing Incorporated.

(5) "State Fiscal Year" means the annual financial reporting period of the State of Utah, beginning July 1 and ending June 30.

 

KEY: licensing, boxing, contests

[December 2, 2003]September 2004

Notice of Continuation August 2, 2002

13-33-101 et seq.