WSR 12-21-122

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed October 24, 2012, 7:44 a.m. ]

     Original Notice.

     Preproposal statement of inquiry was filed as WSR 12-13-079.

     Title of Rule and Other Identifying Information: Amending amateur mixed martial arts, chapter 36-14 WAC.

     Amending WAC 36-14-010 Definitions, 36-14-100 Rule exceptions, 36-14-110 License fees, renewals and requirements, 36-14-120 Officials compensation fees to be paid by promoter, 36-14-200 Duration of rounds and 36-14-300 Requirements for ring or enclosed area; new sections WAC 36-14-1053 Amateur weight difference allowances, 36-14-505 Age requirements, 36-14-510 Amateur mixed martial arts fouls, to include amateur mixed martial arts organizations and training facilities, 36-14-515 Amateur mixed martial arts protective equipment, 36-14-520 Amateur mixed martial arts mandatory suspensions, 36-14-525 Amateur mixed martial arts event results, 36-14-530 Responsibilities of amateur mixed martial arts sanctioning organizations and training facilities, 36-14-535 Notification of amateur mixed martial arts events, 36-14-540 Advertisements of events and exhibitions, 36-14-545 Physician requirements for amateur events and 36-14-550 Requirements for ambulance or paramedical unit; and repealing WAC 36-14-500 Amateur organization recognition.

     Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on November 27, 2012, at 2:00 p.m.

     Date of Intended Adoption: November 28, 2012.

     Submit Written Comments to: Cameron Dalmas, Professional Athletics Program, Department of Licensing, P.O. Box 9026, Olympia, WA 98507, e-mail plssunit@dol.wa.gov, fax (360) 664-2550, by November 21, 2012.

     Assistance for Persons with Disabilities: Contact Cameron Dalmas by November 21, 2012, TTY (360) 664-0116 or (360) 664-6643.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend chapter 36-14 WAC due to the passage of ESHB 2301 regarding amateur mixed martial arts.

     The proposed changes will:


Establish licensing requirements;
Identify types of martial arts to be included under the regulation of amateur mixed martial arts;
Adopt standard rules of competition and conduct; and
Set licensing and renewal fees.

     Statutory Authority for Adoption: RCW 67.08.015, 67.08.107, 43.24.023, 43.24.086.

     Statute Being Implemented: RCW 67.08.105, 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 do not apply under RCW 34.05.310.

     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.

October 24, 2012

Damon Monroe

Rules Coordinator

OTS-5088.2

Chapter 36-14 WAC

PROFESSIONAL AND AMATEUR MARTIAL ARTS


AMENDATORY SECTION(Amending WSR 04-16-045, filed 7/28/04, effective 8/28/04)

WAC 36-14-010   Definitions.   The following definition(s) will be used throughout this WAC:

     (("Recognized amateur kickboxing or martial arts organization" means any amateur kickboxing or martial arts organization recognized by the department who has not been exempted by statute and provides written documented proof required by WAC 36-14-500.)) (1) "Mixed martial arts" in addition to RCW 67.08.002(20), mixed martial arts does not include muay thai and kickboxing.

     (2) "Training facility" is a location licensed and defined under chapter 67.08 RCW to hold amateur mixed martial arts exhibitions in that location.

[Statutory Authority: RCW 67.08.017 and 43.24.023. 04-16-045, § 36-14-010, filed 7/28/04, effective 8/28/04.]


AMENDATORY SECTION(Amending WSR 99-17-048, filed 8/13/99, effective 9/13/99)

WAC 36-14-100   Rule exceptions.   (1) If a martial arts, kickboxing, muay thai ((or)), pankration, or amateur mixed martial arts event is held, in addition to chapter 36-12 WAC, the department may use the Rules of Competition as established by the United Full Contact Federation, association of boxing commissions, or rules of competition established by any other professional martial arts organization that afford a similar level of safety to participants. A copy on any Rules of Competition used by the department may be obtained through correspondence to the Washington state department of licensing.

     (2) Training facilities and amateur mixed martial arts sanctioning organizations are exempt from chapter 36-14 WAC unless specifically identified. All other amateur mixed martial arts events will be overseen by the department and shall comply with the laws and rules of chapter 67.08 RCW.

[Statutory Authority: RCW 67.08.017(1). 99-17-048, § 36-14-100, filed 8/13/99, effective 9/13/99.]


NEW SECTION
WAC 36-14-1053   Amateur weight difference allowances.   Amateur mixed martial arts sanctioning organizations and training facilities shall, at a minimum, ensure all amateur participants meet the following weight requirements for each bout:

     (1) Participants can have no more than a five-pound weight difference allowance for ages fifteen and under.

     (2) Participants can have no more than a ten-pound weight difference allowance for ages sixteen and over.

     (3) Subsection (1) and (2) of this section do not apply if both participants weigh two hundred five pounds or more.

[]


AMENDATORY SECTION(Amending WSR 10-08-037, filed 4/1/10, effective 5/2/10)

WAC 36-14-110   License fees, renewals and requirements.   (1) The license year is one year from date of issue. License fees are paid annually. Fees shall be as follows:


Manager - $65.00
Referee - $65.00
Kickboxer - $25.00
Martial arts participant - $25.00
Amateur mixed martial arts participant - $25.00
Matchmaker - $65.00
Second - $25.00
Inspector - $65.00
Judge - $65.00
Timekeeper - $65.00
Announcer - $65.00
Event physician - No charge
Event chiropractor - $65.00
Promoter - $((200.00)) 500.00
Training facility - $500.00
Amateur mixed martial arts sanctioning organization - $500.00

     (2) All renewal fees shall be the same fee as each original license fee.

     (3) Licensing requirements:

     (a) Completed application on form approved by the department.

     (b) Completed physical within one year (kickboxer, martial arts participant, amateur mixed martial arts participant, and referee only).

     (c) One small current photograph, not more than two years old (kickboxer ((and)), martial arts participant, and amateur mixed martial arts participants only).

     (d) Payment of license fee.

     (e) Certification from an organization approved by the department under RCW 67.08.100(3).

     (f) Training facility: Have an established place of business that offers training in one or more of the mixed martial arts and a current tax registration through the department of revenue.

     (g) Amateur mixed martial arts sanctioning organizations:

     (i) Have an established place of business that offers training in one or more of the mixed martial arts;

     (ii) Have a current tax registration through the department of revenue;

     (iii) Have a minimum of three years total combined amateur or professional experience in at least three of the following areas: Referee, promoter, judge, inspector, have an established place of business that offers training in one or more of the mixed martial arts;

     (iv) Provide to the department a list of authorized representatives who will be in charge of events or exhibitions. Changes to this list will not be accepted within thirty days prior to an event or exhibition.

     (4) Applicants may not participate until all licensing requirements are received and approved by the department of licensing.

[Statutory Authority: RCW 67.08.017, 43.24.086, 67.08.105. 10-08-037, § 36-14-110, filed 4/1/10, effective 5/2/10. Statutory Authority: RCW 67.08.017, 67.08.105, and 43.24.023. 02-20-094, § 36-14-110, filed 10/1/02, effective 1/1/03. Statutory Authority: RCW 67.08.017(1). 00-02-054, § 36-14-110, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 02-23-062, filed 11/18/02, effective 1/1/03)

WAC 36-14-120   Officials compensation fees to be paid by promoter.   (1) The following minimum fees shall be paid by the promoter of the event to the event officials for nontitle, nontelevision bouts:


Judge $75.00
Timekeeper $75.00
Referee (preliminary) $110.00
Referee (main event) $125.00
Physician $250.00
Event chiropractor $200.00

     (2) The following minimum fees shall be paid by the promoter of the event to event officials for nontitle, televised bouts:


Judges $100.00
Timekeepers $100.00
Referee (preliminary) $135.00
Referee (main event) $200.00
Physician $250.00
Event chiropractor $200.00

     (3) In the event of a local, state or regional championship, title fight, or local televised fight, event officials shall be paid by the promoter at the respective and prevailing scale of the professional sanctioning organization. The event officials pay rate shall not be lower than the televised rate established in subsection (2) of this section.

     (4) In the event of a championship, title fight, or nationally televised fight, event officials shall be paid by the promoter at the respective and prevailing scale of the professional sanctioning organization but shall not be lower than the rates established below:


Judges $150.00
Timekeepers $150.00
Referee (preliminary) $175.00
Referee (main event) $225.00
Physician $250.00
Event chiropractor $200.00

     (5) In the event of a "world" title bout, event officials shall be paid by the promoter at the respective and prevailing scale of the professional sanctioning organization but shall not be lower than the rates established in subsection (4) of this section. If the "world" title bout is televised, an additional $200.00 fee per official will be assessed for each judge, timekeeper and referee if the fees listed in subsection (4) of this section are used.

     (6) Travel mileage shall be paid to event officials at the rate listed on schedule A, chapter 10.90.10.b of the State Administrative and Accounting Manual as published by the office of financial management.

     (7) Amateur mixed martial arts sanctioning organizations and training facilities may set their own compensation fees for officials.

[Statutory Authority: RCW 67.08.017, 67.08.105 and 43.24.023. 02-23-062, § 36-14-120, filed 11/18/02, effective 1/1/03.]


AMENDATORY SECTION(Amending WSR 04-16-045, filed 7/28/04, effective 8/28/04)

WAC 36-14-200   Duration of rounds.   ((Except with the approval of the department or the on-site representative)) All professional and amateur events or exhibitions shall meet the following requirements. This includes amateur mixed martial arts sanctioning organizations and training facilities:

     (1) A nonchampionship ((contest or exhibition of mixed martial arts)) bout shall not exceed three rounds in duration.

     (2) A championship ((contest of mixed martial arts)) bout shall not exceed five rounds in duration.

     (3) A round ((in a contest or exhibition of mixed martial arts)) shall not exceed five minutes in duration((. A period of rest in the contest or exhibition of mixed martial arts shall not exceed one minute in duration)) for professionals and three minutes for amateurs.

     (4) There shall be a one minute rest period between rounds.

[Statutory Authority: RCW 67.08.017 and 43.24.023. 04-16-045, § 36-14-200, filed 7/28/04, effective 8/28/04.]


AMENDATORY SECTION(Amending WSR 04-16-045, filed 7/28/04, effective 8/28/04)

WAC 36-14-300   Requirements for ring or enclosed area.   (1) Mixed martial arts and martial arts contests and exhibitions ((may)) shall be held in a ring or in an enclosed area.

     (2) A ring used for a contest or exhibition of mixed martial arts must meet the following requirements:

     (a) The ring must be no smaller than sixteen feet square within the ropes.

     (b) The ring floor must extend at least twenty-four inches beyond the ropes. The ring floor must be padded with ensolite or another similar closed-cell foam, with at least a one-inch layer of foam padding. Padding must extend beyond the ring ropes and over the edge of the platform, with a top covering of canvas, duck or similar material tightly stretched and laced to the ring platform.

     (c) The ring platform must not be more than four feet above the floor of the building and must have suitable steps for the use of the participants.

     (d) Ring posts must be made of metal, not more than three inches in diameter, extending from the floor of the building to a minimum height of fifty-eight inches above the ring floor, and must be properly padded in a manner approved by the department. Ring posts must be at least twenty-four inches away from the ring ropes.

     (e) There may be no more than five ring ropes, not less than one inch in diameter and wrapped in soft material. The lowest ring rope must be at least twelve inches above the ring floor.

     (f) There must not be any obstruction or object on any part of the ring floor.

     (3) An enclosed area used in a contest or exhibition of mixed martial arts must meet the following requirements:

     (a) The enclosed area must be circular or have at least four equal sides and must be no smaller than twenty feet wide.

     (b) The floor of the enclosed area must be padded with ensolite or another similar closed-cell foam, with at least a one-inch layer of foam padding, with a top covering of canvas, duck or similar material tightly stretched and laced to the platform of the enclosed area.

     (c) The platform of the enclosed area must not be more than four feet above the floor of the building and must have suitable steps for the use of the participants.

     (d) Enclosure posts must be made of metal, not more than six inches in diameter, extending from the floor of the building to between five and seven feet above the floor of the enclosed area, and must be properly padded in a manner approved by the department.

     (e) The material used to construct the enclosed area must be made of a material that will prevent an unarmed combatant from falling out of the enclosed area or breaking through the enclosed area onto the floor of the building or onto the spectators, including, without limitation, chain link fence coated with vinyl.

     (f) Any metal material used in the enclosed area must be covered and padded in a manner approved by the department and must not be abrasive to the participants.

     (g) The enclosed area must have at least three entrances.

     (h) There must not be any obstruction on any part of the enclosure surrounding the area in which the participants are to be competing.

[Statutory Authority: RCW 67.08.017 and 43.24.023. 04-16-045, § 36-14-300, filed 7/28/04, effective 8/28/04.]


NEW SECTION
WAC 36-14-505   Age requirements.   A participant or contestant must be twelve years of age or older to participate in an amateur mixed martial arts exhibition held in a training facility.

[]


NEW SECTION
WAC 36-14-510   Amateur mixed martial arts fouls, to include amateur mixed martial arts sanctioning organizations and training facilities.   The following are minimum required fouls and will result in penalties if committed:

     (1) Holding or grabbing the fence or ropes;

     (2) Holding opponent's shorts or gloves;

     (3) Butting with the head;

     (4) Eye gouging of any kind;

     (5) Biting or spitting at an opponent;

     (6) Hair pulling;

     (7) Fish hooking;

     (8) Groin attacks of any kind;

     (9) Intentionally placing a finger into any orifice, or into any cut or laceration of your opponent;

     (10) Downward pointing elbow strikes;

     (11) Small joint manipulation;

     (12) Strikes to the spine or the back of the head;

     (13) Heel kicks to the kidney;

     (14) Throat strikes of any kind, including, without limitation, grabbing the trachea;

     (15) Clawing, pinching, twisting the flesh or grabbing the clavicle;

     (16) Kicking the head of a grounded opponent;

     (17) Kneeing the head of a grounded opponent;

     (18) Stomping of a grounded fighter;

     (19) The use of abusive language in the fighting area;

     (20) Any unsportsmanlike conduct that causes an injury to opponent;

     (21) Attacking an opponent on or during the break;

     (22) Attacking an opponent who is under the care of the referee;

     (23) Timidity (avoiding contact, or consistently dropping the mouthpiece, or faking an injury);

     (24) Interference from a mixed martial artist's seconds/cornerman;

     (25) Throwing an opponent out of the ring or caged area;

     (26) Flagrant disregard of the referee's instructions;

     (27) Spiking the opponent to the canvas onto the head or neck (pile-driving);

     (28) Attacking an opponent after the bell or horn has sounded the end of the period of unarmed combat;

     (29) Heel hooks;

     (30) Elbows to the head;

     (31) Twisting knee locks;

     (32) Knees to head;

     (33) For ages fifteen and under: Closed fist strikes to the head while on the ground.

[]


NEW SECTION
WAC 36-14-515   Amateur mixed martial arts protective equipment.   The following is minimum required equipment to be worn during a bout by all amateur participants or contestants at events or exhibitions:

     (1) Training facilities:

     • Martial arts shin guards with instep pads and volleyball style knee pads;

     • 6 oz. amateur mixed martial arts sparring style gloves that shall be whole, clean, sanitary, and in good condition. An extra set of gloves shall be at ringside prior to the start of the first bout for use in case gloves are damaged during a bout;

     • Mouthpiece;

     • Groin protector (male participants only).

     (2) Amateur mixed martial arts sanctioning organizations:

     • Martial arts shin guards with instep pads and volleyball style knee pads;

     • 6 oz. amateur mixed martial arts sparring style gloves, supplied by the promoter, that shall be whole, clean, sanitary, and in good condition. An extra set of gloves shall be provided by the promoter to the representative in charge of the event prior to the start of the first bout for use in case gloves are damaged during a bout;

     • Mouthpiece;

     • Groin protector (male participants only).

     (3) Department of licensing:

     • 6 oz. amateur mixed martial arts sparring style gloves, supplied by the promoter, that shall be whole, clean, sanitary, and in good condition;

     • An extra set of gloves shall be provided by the promoter to the department representative prior to the start of the first bout for use in case gloves are damaged during a bout;

     • Mouthpiece;

     • Groin protector (male participants only).

[]


NEW SECTION
WAC 36-14-520   Amateur mixed martial arts mandatory suspensions.   (1) The department and amateur mixed martial arts sanctioning organizations shall assess the following suspensions for participating in an amateur mixed martial arts event:

     • Six-day minimum suspension;

     • Thirty-day suspension for a technical knockout;

     • Sixty-day suspension for a knockout;

     • A physician may recommend a longer suspension based on the medical condition of the participant.

     (2) Amateur mixed martial arts sanctioning organizations shall report suspensions to the department after an event in a manner defined by the department.

[]


NEW SECTION
WAC 36-14-525   Amateur mixed martial arts event results.   The department and amateur mixed martial arts sanctioning organization shall report event results to a nationally recognized record keeping data base in a manner defined by the department.

[]


NEW SECTION
WAC 36-14-530   Responsibilities of amateur mixed martial arts sanctioning organizations and training facilities.   (1) It is the responsibility of the amateur mixed martial arts sanctioning organization and training facility to ensure the health and safety of the participants and to ensure the laws and rules governing amateur mixed martial arts are followed.

     (2) A representative must be present at the event or exhibition location during the entire event or exhibition.

[]


NEW SECTION
WAC 36-14-535   Notification of amateur mixed martial arts events.   Amateur mixed martial arts sanctioning organizations must notify the department in writing fourteen days prior to an event with the following information:

     • Name of licensed promoter;

     • Date and time of event;

     • Location of event;

     • Name of representative in charge of the event.

[]


NEW SECTION
WAC 36-14-540   Advertisements of events and exhibitions.   Promoters, including promoters of amateur mixed martial arts events held under an amateur mixed martial arts sanctioning organization, and training facilities shall state in all advertisements whether the event is professional, professional and amateur, or amateur.

[]


NEW SECTION
WAC 36-14-545   Physician requirements for amateur events.   (1) Promoters of an amateur mixed martial arts event held under an amateur mixed martial arts sanctioning organization shall have at least one physician in attendance at the event.

     (2) The promoter shall provide the event physician with a suitable place to perform the prefight physical examinations.

     (3) Event physicians shall:

     (a) Examine the participants within twenty-four hours prior to the start of an event and provide a report to the representative in charge of the event in writing that discloses the results of the examinations and recommendations.

     (b) Recommend to the representative in charge of the event that the participant or referee not participate in the event if a condition is found that would be harmful or unsafe during the prefight examination.

     (c) Be at ringside during all the bouts in an event and shall be prepared to provide medical assistance to a participant if requested by the referee.

     (4) The event physician may inspect first-aid equipment used by seconds.

[]


NEW SECTION
WAC 36-14-550   Requirements for ambulance or paramedical unit.   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. This section also applies to promoters of an amateur mixed martial arts event held under an amateur mixed martial arts sanctioning organization.

[]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 36-14-500 Amateur organization recognition.