WSR 10-24-094

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 30, 2010, 3:54 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-24-065.

Title of Rule and Other Identifying Information: Professional boxing, wrestling, and martial arts: WAC 36-12-360 Promoters and 36-13-110 Miscellaneous provisions.

Hearing Location(s): Department of Licensing, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on January 6, 2011, at 9:00 a.m.

Date of Intended Adoption: January 7, 2011.

Submit Written Comments to: Cameron Dalmas, Professional Athletics Program, P.O. Box 9026, Olympia, WA 98507, e-mail ndalmas@dol.wa.gov, fax (360) 664-2550, by December 29, 2010.

Assistance for Persons with Disabilities: Contact Cameron Dalmas by December 29, 2010, TTY (360) 664-0116 or (360) 664-6643.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To require professional boxing, martial arts and wrestling promoters to provide an ambulance or paramedical unit to be equipped with transport and resuscitation capabilities and staffed by two attendants.

Reasons Supporting Proposal: Boxing, martial arts, and wrestling participants are at serious risk of being injured during an event, including death. Currently, RCW 67.08.160 requires a paramedical unit or ambulance to be on site at the event location. However, there is no requirement that they have to be equipped with transport and resuscitation capabilities. In a recent martial arts event a promoter provided an ambulance with only one attendant to drive and no attendant to provide medical care while in transport. The intent of this law was to have an ambulance or paramedical unit on site so that if a participant was seriously injured they would be able to receive immediate medical attention while in transport to the hospital. This amendment will clarify the law's intent to ensure the safety of the participant.

Statutory Authority for Adoption: RCW 67.08.017, 43.24.023.

Statute Being Implemented: RCW 67.08.017.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6647.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.32 [34.05.328].

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule revision. Washington state department of licensing is not a named agency, therefore, exempt from the provision.

November 30, 2010

Walt Fahrer

Rule[s] Coordinator

OTS-3712.1


AMENDATORY SECTION(Amending WSR 02-03-069, filed 1/11/02, effective 2/11/02)

WAC 36-12-360   Promoters.   (1) Promoters shall not release the names of boxing contestants in an event to the media or otherwise publicize a contest unless a boxer/promoter contract has been signed and the contest approved by the department.

(2) Promoters shall not schedule an event intermission that exceeds twenty minutes.

(3) Promoters shall dispense drinks only in plastic or paper cups.

(4) Promoters shall not schedule less than twenty-six rounds of boxing without approval of the department.

(5) Advance notices for all boxing shows must be in the office of the department seven days prior to the holding of any boxing show. In addition to the regular scheduled boxers the advance notice must show the names of boxers engaged by the promoter for an emergency bout.

(6) Changes in announced or advertised programs for any contest must be approved prior to the contest by the department. Notice of such change or substitution must also be given to the press, conspicuously posted at the box office, and announced from the ring before the opening contest. If any ticket holders desire a refund, such refund shall be made at the box office prior to the start of the first contest.

(7) The promoter of an event shall contract with each boxer for a contest. Original contracts shall be filed with the department at least five days prior to the event. The contract shall be on a form supplied by the department and contain at least the following:

(a) The weight of the boxer at weigh-in;

(b) The amount of the purse to be paid for the contest;

(c) The date and location of the contest;

(d) Any other payment or consideration provided to the boxer;

(e) List of all fees, charges and expenses including training expenses that will be assessed to the boxer or deducted from the boxer's purse;

(f) Any reduction in a boxer's purse contrary to a previous agreement between the promoter and the boxer; and

(g) The amount of any compensation or consideration that a promoter has contracted to receive from a match.

(8) If a boxer/promoter contract is renegotiated, the promoter shall provide the department with the contract at least two hours prior to an event's scheduled start time.

(9) If the information from the contract in subsection (7)(e), (f) and (g) of this section is discloseable under Washington state public disclosure law, the promoter may instead provide the information to the Association of Boxing Commissions instead of including the information in the boxer/promoter contract.

(10) A promoter for an event shall not be a manager for a boxer who is contracted for ten rounds or more of boxing at that event or have direct or indirect financial interest in a boxer in the event.

(11) The promoter of an event shall provide payments for the boxers' purses and event official's fee in the form of checks or money orders to the department prior to an event. The department may allow other forms of payment if arranged in advance. The department shall pay the boxers and officials immediately after the event, but not later than seventy-two hours from the conclusion of the event.

(12) Promoters shall provide seats for event officials and department representatives at ringside for each event.

(13) Promoters shall provide an ambulance or paramedical unit with transport and resuscitation capabilities, with a minimum of two attendants, to be present at the event location at all times during the event.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-360, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-360, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-360, filed 5/10/91, effective 6/10/91. Statutory Authority: 1981 c 337. 84-16-035 (Order 84-1), 36-12-360, filed 7/26/84; Rule .04.360, filed 9/22/60, 3/17/60.]

OTS-3713.1


AMENDATORY SECTION(Amending WSR 02-20-094, filed 10/1/02, effective 1/1/03)

WAC 36-13-110   Miscellaneous provisions.   (1) Dangerous conduct; punishment. The referee shall not permit physically dangerous conduct or tactics by any participant. Any participant who fails to discontinue such tactics, after being warned by the referee or a department official shall be disqualified and subject to disciplinary action.

(2) Wrestling participants or other licensees shall not engage in the practice known as "juicing." "Juicing" is the practice of using a razor blade or similar contrivance, or any other means to draw blood from oneself, one's opponent, or from any other participant of the wrestling exhibition or show. The referee shall immediately terminate any match in which blood from a participant appears from "juicing," and the participants shall cease the wrestling match and return to the dressing room. Should an accidental cut to a wrestling participant occur, the match may continue but should be concluded as soon as possible at the discretion of the referee.

(3) Duties of licensees. It shall be the duty of the promoter, his/her agents, employees, and the participants in any wrestling show or exhibition to maintain peace, order, and decency in the conduct of any show or exhibition. There shall be no abuse of a department official at any time. Foul and profane language by participants is prohibited.

(4) Responsibility of promoter.

(a) Each promoter shall be directly responsible to the department for the conduct of its employees and any violation of the laws, rules, or regulations of the department by any employee of a promoter shall be deemed to be a violation by the promoter.

(b) Promoters are responsible for any violations of the law or department rules by their participants.

(c) Promoters shall provide an ambulance or paramedical unit with transport and resuscitation capabilities, with a minimum of two attendants, to be present at the event location at all times during the event.

(5) Postponement or cancellation. A small advance sale of tickets shall not be regarded as a legitimate reason for a postponement or cancellation. Indoor wrestling shows or exhibitions shall not be canceled for any reason except with the approval of the department.

(6) Discrimination. Discrimination against any participant in regard to sex, race, color, creed or national origin shall be referred to the human rights commission.

(7) Appeals.

(a) Licensees may appeal any suspension or revocation to the department in the manner provided in chapter 34.05 RCW.

(b) Such appeals must be received in the department office within twenty days from the date of the notice sent by the department.

[Statutory Authority: RCW 67.08.017, 67.08.105, and 43.24.023. 02-20-094, 36-13-110, filed 10/1/02, effective 1/1/03. Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-110, filed 12/31/99, effective 1/31/00.]

Washington State Code Reviser's Office