No. 33711 (Amendment): Rule R359-1. Pete Suazo Utah Athletic Commission Act Rule

(Amendment)

DAR File No.: 33711
Filed: 06/04/2010 05:12:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this change is to establish a minimum fee schedule and define payment for event officials for their professional services at unarmed combat events.

Summary of the rule or change:

This change establishes a minimum fee schedule and defines payment for event officials for their professional services at unarmed combat events. This change will help compensate event officials for the costs of providing their services and should facilitate the availability and professionalism of event officials.

State statutory or constitutional authorization for this rule:

• Title 63C, Chapter 11

Anticipated cost or savings to:

the state budget:

This proposed rule changes will increase the work load for the Commission Director, but will not result in any savings or cost impact to the state budget since the tasks will be accomplished within the existing budget.

local governments:

Since the proposed change will not impact local governments, this change will not result in any savings or cost to the local governments

small businesses:

While this change will not significantly impact most event promoters who already pay their event officials, it would impact promoters who do not currently pay their event officials. For small events, this additional cost should not exceed $190.

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

Event officials will receive a minimum established fee for their services to help compensate them for the cost of providing their services.

Compliance costs for affected persons:

While this change will not significantly impact most event promoters who already pay their event officials, it would impact promoters who do not currently pay their event officials. For small events, this additional cost should not exceed $190. For an event attended by more than 10,000 people the additional cost to the promoter could be $1,200.

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

This rule amendment would establish a minimum fee to be paid for unarmed combat event officials for their services. It would help compensate these officials for the cost of providing their services and facilitate the availability to qualified individuals to officiate at events.

Alan Dayton, 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:

08/02/2010

This rule may become effective on:

08/09/2010

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]funds necessary for payment of contestants, referees, judges, timekeeper and the attending physician (s). The designated Commission member shall pay each contestant, referee, and judge[, and physician] in the presence of one witness. Payment for the attending physician(s) shall be made by the commission by the State of Utah.

(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 shall not require the contestant to pay more than 10% of the insurance 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 shall be paid to the contestant or his beneficiaries as reimbursement for the payment.

(c) The promoter shall [also have]provide 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.

 

R359-1-508. Hepatitis B Surface Antigen (HBsAg) and Hepatitis C Virus (HCV) Antibody Testing.

In accordance with Section 63C-11-317(d), contestants shall produce evidence of a negative test for HBsAg and HCV antibody as a condition to participation in a contest as follows:

(1) All contestants shall provide evidence in the form of a competent laboratory examination certificate verifying that the contestant is negative at the time of the weigh-in.

(2) The examination certificate shall certify that the HBsAg and HCV antibody testing was completed within one year prior to the contest.[ However, the period of test validity may be reduced by the vote of the majority of the commission to protect the health and welfare of the contestants and public.] The period may be reduced by the commission to protect public safety in the event of an outbreak.

(3) Any contestant whose HBV or HCV result is positive shall be prohibited from participating in a contest.

(4) In lieu of a negative HBsAg test result, a contestant may present laboratory testing evidence of immunity against Hepatitis B virus based on a positive hepatitis B surface antibody (anti-HBs) test result or of having received the complete hepatitis B vaccine series as recommended by the Advisory Committee on Immunization Practices.

 

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 shall be stationed at places designated by the Commissioner in Charge or Director.

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

(4) All ring officials assigned and directed by the Commission to be in attendance 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 to officiate in a contest or exhibition promoted by the promoter.

(7) Event Officials' Minimum Fee Schedule:

 

TABLE

  

    EVENT ATTENDANCE    REFEREE    JUDGE    TIMEKEEPER   PHYSICIAN
  
     0 - 500           $50.00    $35.00     $35.00      $300.00
  
   501 - 4000         $100.00    $50.00     $50.00      $350.00
  
  4001 - 10000        $200.00   $100.00    $100.00      $400.00
  
  10001 AND ABOVE     $400.00   $200.00    $200.00      $500.00

 

(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.

 

R359-1-[511]512 . Announcer.

(1) At the beginning of a contest, the announcer shall announce that the contest is under the auspices of the Commission.

(2) The announcer shall announce the names of the referee, judges, and timekeeper when the competitions are about to begin, and shall also announce the changes made in officials as the contest progresses.

(3) The announcer shall announce the names of all contestants, their weight, professional record, their city and state of residence, and country of origin if not a citizen.

 

R359-1-[512]513 . Timekeeper[s].

(1) A timekeeper shall indicate the beginning and end of each round by the gong.

(2) A timekeeper shall possess a whistle and a stopwatch.

(3) Ten seconds before the beginning of each round, the timekeeper shall warn the contestants of the time by blowing a whistle.

(4) If a contest terminates before the scheduled limit of rounds, the timekeeper shall inform the announcer of the exact duration of the contest.

(5) The timekeeper shall keep track of and record the exact amount of time that any contestant remains on the canvas.

 

R359-1-[513]514 . Stopping a Contest.

In accordance with Subsections 63C-11-316(2) and 63C-11-302(14)(b), authority for stopping a contest is defined, clarified or established as follows.

(1) The referee may stop a contest to ensure the integrity of a contest or to protect the health, safety, or welfare of a contestant or the public for any one or more of the following reasons:

(a) injuries, cuts, or other physical or mental conditions that would endanger the health, safety, or welfare of a contestant if the contestant were to continue with the competition.

(b) one-sided nature of the contest;

(c) refusal or inability of a contestant to reasonably compete; and

(d) refusal or inability of a contestant to comply with the rules of the contest.

(2) If a referee stops a contest, the referee shall disqualify the contestant, where appropriate, and recommend to the designated Commission member that the purse of that professional contestant be withheld pending an impoundment decision in accordance with Section 63C-11-321.

(3) The designated Commission member may stop a contest at any stage in the contest when there is a significant question with respect to the contest, the contestant, or any other licensee associated with the contest, and determine whether the purse should be withheld pursuant to Section 63C-11-321.

 

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

Date of Enactment or Last Substantive Amendment: 2010

Notice of Continuation: May 10, 2007

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

 

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