WSR 02-16-060

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 2, 2002, 9:49 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-13-139.

Title of Rule: Amending chapter 36-12 WAC, Professional boxing: WAC 36-12-011, 36-12-030, 36-12-100, 36-12-110, 36-12-130, 36-12-140, 36-12-170, 36-12-195, 36-12-200, 36-12-240, 36-12-465 and 36-12-475; amending chapter 36-13 WAC, Professional wrestling: WAC 36-13-010, 36-13-020, 36-13-030, 36-13-040, 36-13-050, 36-13-110, 36-13-120 and 36-13-130; and amending chapter 36-14 WAC, Professional martial arts: WAC 36-14-110, 36-14-400, 36-14-410; and new sections: WAC 36-14-105 Guidelines for kickboxing and Muay Thai weight classes -- Weight difference and glove weight, 36-14-106 Weighing time, and 36-14-120 Officials compensation fees to be paid by promoter.

Purpose: To set new licensing fees for the chiropractor license and to set new fees to be paid by the promoter to the chiropractor. To set officials compensation fees. To amend, repeal or retain current rules, which may no longer be needed or need further written clarification as per the governor's directive on state rules review.

Statutory Authority for Adoption: RCW 67.08.017, 67.08.105, 43.24.023.

Statute Being Implemented: RCW 67.08.017, 67.08.105.

Summary: Amend, repeal and add new sections for chapters 36-12, 36-13, and 36-14 WAC for clarification and to set new licensing fees and fees to be paid by promoter.

Reasons Supporting Proposal: Amending, repealing and adding new rules for clarification to ensure the health, safety and welfare of the participants.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Randy Renfrow, 405 Black Lake Boulevard, Building 2, Olympia, WA 98502, (360) 664-6644.

Name of Proponent: Department of Licensing, governmental.

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Rules to become effective on January 1, 2003.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Due to legislation changes to chapter 67.08 RCW allowing a chiropractor to now be a licensed official at boxing, kickboxing, or martial arts events it is necessary to set new licensing fees for the chiropractor license and fees to be paid by the promoter to the chiropractor. To set officials compensation fees. To amend, repeal and add new sections or retain current rules, which may no longer be needed or need further written clarification as per the governor's directive on state rules review.

Proposed rules will help to ensure the health, safety and welfare of the participant.

Proposal Changes the Following Existing Rules: Proposed rules have been changed to set licensing fees for the new chiropractor license and fees to be paid by the promoter to the chiropractor and to set officials compensation fees. Proposed rules have been amended, repealed, and new sections added.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There will not be a burden on the industry due to increased fees or increased workloads.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building 2, Conference Room 209, Olympia, WA 98502, on September 16, 2002, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact Jim Hood by September 15, 2002, TDD (360) 586-2788 or (360) 664-6644.

Submit Written Comments to: Randy Renfrow, Professional Athletic Section, P.O. Box 9026, Olympia, WA 98507-9026, fax (360) 570-4956, by September 15, 2002.

Date of Intended Adoption: September 18, 2002.

August 1, 2002

Alan E. Rathbun

Assistant Director

OTS-5831.1


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

WAC 36-12-011   Definitions.   The following definitions will be used throughout this WAC:

(1) "Purse" will be defined as the sum of money or other compensation by way of guarantee, percentage or otherwise, paid to a boxer.

(2) "Knockdown" is defined as when a boxer is knocked to the ring canvas by fair blows, hangs helplessly on the ropes, or the ropes prevent his/her fall, or any part of the body other than the soles of the feet touches the ring canvas.

(3) The "outcome of a contest" occurs when the contest has concluded, a determination has been made described in WAC 36-12-130, and the report to the boxing registry required by the federal Boxing Safety Act of 1996 has been submitted.

(4) "Neutral corner" is defined as one of the two corners of a ring that are not assigned to a boxer for a contest.

(5) A "count" is the audible measure of time signaled by the referee to a boxer who has been knocked to the ring canvas by fair blows or to a standing boxer who, in the referee's judgment, is momentarily unable to defend him/herself.

(6) "Scorecard" is defined as the document used by judges to score a contest.

(7) "Ten-point-must system" of scoring is defined as the scoring system used by judges giving ten points to the boxer winning a round and a lesser number of points to the boxer losing a round.

(8) "Foul" is defined as an action by a boxer, identified by the referee that does not meet the definition of "boxing" as described in RCW 67.08.002. Fouls may include, but are not limited to, the following types of contact or acts:

(a) Hitting, a low blow, below the navel or behind the ear;

(b) Hitting an opponent who is knocked down;

(c) Holding an opponent with one hand and hitting with the other;

(d) Holding or deliberately maintaining a clinch;

(e) Wrestling, kicking or roughing;

(f) Pushing an opponent about the ring or into the ropes;

(g) Butting with the head, shoulder, knee, elbow;

(h) Hitting with the open glove, the butt or inside of the hand, or back of the hand, the elbow or the wrist;

(i) Purposely falling down onto the canvas of the ring without being hit or for the purpose of avoiding a blow;

(j) Striking deliberately at that part of the body over the kidneys;

(k) Using the pivot blow (pivoting while throwing a punch) or the rabbit punch (punches thrown to the back of the head and neck areas);

(l) Jabbing the eyes with the thumb of the glove;

(m) Use of abusive language;

(n) Unsportsmanlike conduct causing injury to an opponent that does not meet the definition of "boxing" in RCW 67.08.002;

(o) Hitting on the break;

(p) Intentionally spitting out the mouthpiece;

(q) Hitting on or out of the ropes;

(r) Holding rope and hitting;

(s) Biting/spitting;

(t) Not following referee's instructions;

(u) Stepping on opponent;

(v) Crouching below opponent's belt;

(w) Leaving neutral corner; and

(x) Corner second shouting.

(9) "Fair blow" is defined as an exchange of blows delivered with the padded knuckle part of the glove to the front or sides of the head and body above the navel.

(10) "Event official" is defined as an official licensed under RCW 67.08.100 as a judge, referee, timekeeper, event physician, and/or inspector and appointed by the department to provide services at a boxing event.

(11) "Manager" is defined as a person licensed under RCW 67.08.100 who contracts with a boxer to receive compensation for service as an agent or representative.

(12) "Second" is defined as a person licensed under RCW 67.08.100 who assists a boxer during a contest.

(13) "Matchmaker" is defined as a person licensed under RCW 67.08.100 who works for a promoter to propose, select or arrange for boxers to participate in a boxing contest.

(14) "Announcer" is defined as a person licensed under RCW 67.08.100 who works for a promoter announcing information to the audience at a boxing event.

(15) "Referee" is defined as an event official and is the chief official supervising a boxing contest.

(16) "Timekeeper" is defined as an event official who keeps the official timing of a contest.

(17) "Judge" is defined as an event official who scores a boxing contest.

(18) "Inspector" is defined as the event official who reports directly to the department and provides overall management of a boxing event.

(19) "Advance notice" is defined as a list of matches for an event submitted by the promoter to the department for approval that includes the names of proposed boxers for a contest, his/her manager or managers and other information that may be required by the department.

(20) "Boxing registry" is defined as the entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers and required under the federal "Professional Boxing Safety Act of 1996."

(21) "Contest" is defined as a fight scheduled between boxers appearing at an event.

(22) "Round" is defined as a two- or three-minute time period during which boxers compete in a boxing contest.

(23) "Net gate proceeds" is defined as the total dollar amount received from the face value of all tickets sold with complimentary tickets excluded.

(24) "Televised" is defined as any simultaneous or delayed visual broadcast of an event delivered through electronic means for viewing.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-011, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-011, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-011, filed 5/10/91, effective 6/10/91; Note: Filed 9/22/60, 3/17/60.]


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

WAC 36-12-030   Weigh-in.   (1) Boxers shall be weighed within twenty-four hours prior to the scheduled event, at a time and place chosen by the promoter and approved by the department. The weigh-in shall take place in the presence of the department and the promoter or the promoter's representative.

(2) The scales used for weigh-in shall be provided by the promoter and approved by the department.

(3) The weight of each boxer shall be recorded on a form provided by the department and signed by the representative of the department.

(4) If a boxer weighs-in within twenty-four hours, but not less than twelve hours prior to an event's scheduled start time, the boxer shall weigh the weight specified on the boxer/promoter contract referred to in WAC 36-12-360(((6)))(7). If a boxer weighs more than the weight specified in the boxer/promoter contract, the boxer may:

(a) Lose the weight exceeded in the boxer/promoter contract at least twelve hours prior to the event's scheduled start time;

(b) Lose all but two pounds of the weight exceeded in the boxer/promoter contract at least twelve hours prior to the event's scheduled start time and lose the final two pounds at least two hours prior to the event's scheduled start time;

(c) Renegotiate the boxer/promoter contract; or

(d) Not do (a) through (c) of this subsection and the contest will be canceled by the department.

(5) If a boxer weighs-in less than twelve hours prior to an event's scheduled start time, the boxer shall weigh the weight specified in the boxer/promoter contract referred to in WAC 36-12-360(((6)))(7). If a boxer weighs more than two pounds over the weight specified in the boxer/promoter contract, the boxer may:

(a) Lose up to two pounds at least two hours prior to an event's scheduled start time;

(b) Renegotiate the boxer/promoter contract; or

(c) Not do (a) or (b) of this subsection and the contest will be canceled by the department.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-030, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-030, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-030, filed 5/10/91, effective 6/10/91; Rule .04.030, filed 12/6/67; Rule .04.030, filed 9/22/60, 3/17/60.]


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

WAC 36-12-100   Officials.   (1) The department shall appoint at least two referees, a timekeeper, ((an)) two event physicians, three judges, and an inspector for each event. Additional event officials may be appointed by the department.

(2) In order to ensure the health and safety of the contestants and officials, licensed event officials not appointed to work at a boxing event shall be admitted to a boxing event without charge by the promoter. These officials shall report to the department immediately upon arriving at the event for appointment as back-up to appointed event officials or for other duties.

(3) Event officials shall dress in appropriate attire.

(a) Judges and inspectors should dress in casual business attire (sport coat and dress slacks) to assure a professional appearance. At a minimum, the recommended attire will be dress sport shirt and slacks.

(b) The uniform for referees should consist of:

(i) Black or dark blue trousers;

(ii) Black shoes (boxing shoes or approved soft-soled shoes);

(iii) Light blue button shirt (long or short sleeved); and

(iv) Black bow tie.

(c) Timekeepers should dress in a black and white striped shirt and dress slacks.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-100, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-100, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-100, filed 5/10/91, effective 6/10/91; Rule .04.100, filed 9/22/60, 3/17/60.]


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

WAC 36-12-110   Referee's responsibilities/authority.   (1) The referee's primary responsibility shall be to maintain the safety and welfare of the boxers at all times.

(2) Before starting a contest, the referee shall determine the name of the chief seconds for each boxer. The chief second shall be responsible for the conduct of the boxer's other seconds during the contest.

(3) The referee shall call boxers and their chief seconds into the ring at the beginning of each contest for instructions.

(4) The referee shall not allow any person other than the boxers and the event physician to enter the ring during a round.

(5) The referee shall inspect the boxers' bodies and gloves to make sure that no substances have been applied to the detriment of an opponent.

(6) Referees who are event officials shall pass a physical examination by the event physician within twenty-four hours prior to an event for the purpose of determining their physical ability to referee the contest. If such examination indicates the referee is physically unable to referee the contest, such inability shall be noted on the prefight physical form and immediately be reported to the inspector.

(7) The referee shall have the authority to stop a contest any time he/she thinks it is too one-sided, or if either boxer is in such condition that to continue might subject them to serious injury.

(8) The referee shall not make a disqualification decision based on one unintentional, low-blow foul. However, if two previous warnings for such fouls have resulted in point deductions, the third foul may be grounds for disqualification.

(9) The referee has authority to decide any matters that arise during a contest and are not covered by these rules.

(10) If a boxer receives an injury that the referee thinks shall incapacitate the boxer, the referee shall ask the event physician to examine the boxer. The event physician shall provide the referee with an opinion as to the seriousness of the injury and either the event physician or the referee shall stop the contest if the injury is serious. When a referee calls the event physician into the ring, the referee shall direct the timekeeper to cease keeping time while the event physician examines the boxer.

(11) The referee may penalize a boxer who fouls an opponent during a contest, by charging such boxer with the loss of points. The referee shall immediately notify the judges of the number of points to be deducted.

(12) The referee shall stop the contest if the boxer's chief second determines that a contest should be stopped, and immediately signals the referee by stepping onto the ring apron.

(13) When a boxer resumes boxing after having been knocked down or fallen or slipped to the floor, the referee shall wipe all foreign material from the boxer's gloves.

(14) The referee shall give a boxer injured by a low-blow foul up to five minutes to recover. Should the boxer be unable to continue at the end of the recovery period, the referee shall declare that the boxer has signaled his/her desire to stop boxing as described in WAC 36-12-130 (1)(b)(((v)))(iv).

(15) Prior to an event, each referee shall disclose to the department all considerations, including reimbursement for expenses that will be received from any source for participation in the event. The disclosure shall be made on a form supplied by the department.

(16) A decision rendered at the termination of any contest may be changed by the department if the department determines that one of the following occurred:

(a) There was collusion affecting the result of any contest;

(b) The compilation of the scorecard of the judges shows an error which would mean that the decision was given to the wrong contestant; or

(c) There was a violation of the laws or rules governing contests, which affected the result of any contest.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-110, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-110, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-110, filed 5/10/91, effective 6/10/91; 81-05-005 (Order 80-2), 36-12-110, filed 2/6/81; Order 74-2, 36-12-110, filed 11/17/76; Rule .04.110, filed 9/22/60, 3/17/60.]


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

WAC 36-12-130   Outcome of contests.   (1) If a referee stops a contest, he shall render a decision regarding the outcome of the contest as follows:

(a) Win by knockout if:

(i) Boxer has been knocked down by fair blows and cannot arise before completion of the referee's count; or

(ii) Boxer has been knocked down and the referee waves off the count because of urgency to have the event physician examine the boxer.

(b) Win by technical knockout if:

(i) ((Boxer suffers any combination of three knockdowns/standing counts in one round;

(ii))) In the referee's judgment, boxer is outclassed or is unable to continue due to punishment received;

(((iii))) (ii) Boxer does not resume boxing by the end of a referee's count (excluding knockouts);

(((iv))) (iii) Cornerman signals referee to terminate the bout; or

(((v))) (iv) Boxer, after putting forth good effort, signals referee his/her desire to stop boxing.

(c) Win by technical decision ((to the boxer who is ahead on at least two of the judges' scorecards)) if a contest is stopped after completion of ((three)) four rounds ((of a contest scheduled for less than eight rounds or four rounds of a contest scheduled for eight rounds or more)) due to an accidental head butt or foul. At least two of the judges must have the same boxer ahead on points.

(d) Technical draw if:

(i) A bout is stopped before the completion of ((three)) four rounds of a contest ((scheduled for less than eight rounds or stopped before the completion of four rounds of a contest scheduled for eight rounds or more)) due to an accidental head butt or foul; or

(ii) A bout is stopped after the completion of ((three)) four rounds of a contest ((scheduled for less than eight rounds or a bout is stopped after the completion of four rounds of a contest scheduled for eight rounds or more)) due to an accidental head butt or foul and the judges are split (one voting for boxer A, one voting for boxer B, and the third judge with an even score); or

(e) No contest if:

(i) The bout is unable to continue due to events other than boxing (fire, riot, ring collapse, etc.); or

(ii) In the referee's judgment, there appears to be collusion affecting the outcome of the contest.

(f) Disqualification:

(i) If points have been deducted from a boxer's scorecard for three separate incidents as described in WAC 36-12-110(((12))) (11);

(ii) If a boxer, in the referee's judgment, flagrantly fouls an opponent;

(iii) If a boxer quits after putting forth no effort, thereby fostering a sham on the public;

(iv) Second enters the ring during the progress of the bout; or

(v) Following a contest, a boxer tests positive for controlled substances per WAC 36-12-240.

(2) If a contest ends when the scheduled rounds are completed, the outcome of the contest may be as follows:

(a) Winner by unanimous decision if all three judges agree on the same winner;

(b) Winner by split decision if two judges agree on winner and the third judge votes for the other boxer;

(c) Winner by majority decision if two judges agree on winner and the third judge has the score even between the boxers;

(d) A draw if all three judges have the score even between the boxers or are split (one voting for boxer A, one voting for boxer B, and the third judge with an even score); or

(e) A majority draw if two of the judges agree that the score is even between the boxers.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-130, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-130, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-130, filed 5/10/91, effective 6/10/91; Rule .04.130, filed 9/22/60, 3/17/60.]


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

WAC 36-12-140   Method of counting over a boxer who is down.   (1) The referee ((may)) shall give an injured boxer a count of eight ((seconds at any time)) when a knockdown occurs. The referee does not have to continue to count if in the referee's opinion a boxer is unable to continue to box. The referee shall resume a count where it was left off if a boxer attempts to rise after being knocked down and goes down again immediately.

(2) When the referee determines a boxer has been knocked down, the referee shall require the boxers to cease boxing during the count. If the boxer rises prior to, or when the count is completed, the referee shall determine whether the boxer's reflexes and condition render it appropriate to continue the contest.

(3) If a boxer does not rise when the count of eight is completed, the referee shall continue the count to ten seconds.

(4) If the boxer being given a count by the referee is down on the canvas of the ring when the referee completes counting to ten seconds, the referee shall wave both arms to indicate that the boxer has been knocked out and shall stop the contest. The referee may raise the hand of the opponent indicating that the opponent has won by a knockout.

(5) The referee's counting of seconds is the official count. However, when a boxer is knocked down, the timekeeper shall assist with starting and maintaining an accurate count by striking the edge of the ring platform once each second with a hammer or other equipment or signaling method.

(6) When a boxer is knocked down, the referee shall direct the opponent to move to the farthest neutral corner of the ring. If the opponent leaves the neutral corner, the referee shall interrupt the count and will not resume the count until the opponent returns to the neutral corner.

(7) ((If a boxer has been knocked down three times during a round, the referee shall stop the contest.

(8))) If a boxer is knocked down and the referee is still counting when three minutes of a round has elapsed, the bell shall not be sounded until the knocked down boxer rises and the referee indicates that the contest will continue. A boxer cannot be saved by the bell at the end of any round.

(((9))) (8) If both boxers score simultaneous knockdowns (double knockdown), the referee shall begin a count as in any knockdown. If one contestant does not rise before the count of ten, his opponent shall be declared the winner. If both contestants rise before completion of the count, the bout may continue at the discretion of the referee. If both contestants rise but neither can continue as determined by the referee and/or event physician, the winner will be determined by the scorecards. If neither contestant rises before the count of ten, they will both lose by knockout.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-140, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-140, filed 12/10/96, effective 1/10/97; Order 74-1, 36-12-140, filed 11/19/74; Rule .04.140, filed 12/6/67; Rule .04.140, filed 9/22/60, 3/17/60; subsections (8) and (9), filed 4/17/64.]


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

WAC 36-12-170   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 ((nationally)) televised fight, event officials shall be paid by the promoter at the respective and prevailing scale of the sponsoring 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 sponsoring organization but shall not be lower than the rates established below:

Judges $400.00
Timekeepers $250.00
Referee (preliminary) $450.00
Referee (main event) $500.00
Physician $300.00
Event chiropractor $250.00

(5) In the event of a "world" title bout, the following minimum fees shall be paid by the promoter of the event to event officials:

Officials fees (minimums) Judges Timekeepers Referee Physician Event chiropractor
If total purse is up to $100,000 $1,000 $600 $1,200 $700 $500
$100,000 to $300,000 $1,100 $700 $1,500 $800 $600
$300,001 to $1,000,000 $1,800 $800 $2,500 $900 $700
$1,000,001 to $5,000,000 $2,500 $900 $3,000 $1,000 $800
Over $5 million $4,500 $1,000 $7,500 $1,500 $1,000

(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.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-170, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-170, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-170, filed 5/10/91, effective 6/10/91; Rule .04.170, filed 9/22/60, 3/17/60.]


AMENDATORY SECTION(Amending WSR 01-22-029, filed 10/29/01, effective 11/29/01)

WAC 36-12-195   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 - $40.00
Referee - $15.00
Boxer - $15.00
Matchmaker - $40.00
Second - $15.00
Inspector - $40.00
Judge - $40.00
Timekeeper - $40.00
Announcer - $40.00
Event physician - $40.00
Event chiropractor - $40.00
Promoter - $50.00

(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 (boxer and referee only).

(c) Federal identification card (boxer only).

(d) One small current photograph, not more than two years old (boxer only).

(e) Payment of license fee.

(f) Certification from an organization approved by the department under RCW 67.08.100(3) and WAC 36-12-196.

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

[Statutory Authority: RCW 67.08.017(1). 01-22-029, 36-12-195, filed 10/29/01, effective 11/29/01; 00-02-054, 36-12-195, filed 12/31/99, effective 1/31/00. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-195, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-195, filed 5/10/91, effective 6/10/91.]


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

WAC 36-12-200   Boxers.   (1) Boxers shall be present in the dressing room at the time designated by the department or at least one hour before the scheduled time of the first contest.

(2) Male boxers shall box in boxing shorts, abdominal guard, foul proof protection cup, shoes and custom-made, individually fitted mouthpiece.

(3) Female boxers shall box in boxing shorts, abdominal guard, foul proof protection cup, body shirt, breast protector, shoes and a custom-made, individually fitted mouthpiece. All female boxers must provide a negative pregnancy test within seven days prior to each contest.

(4) Boxers shall not use substances on their body or gloves that might handicap an opponent.

(5) If a boxer cannot box in an event for which the boxer has a contract with a promoter due to a physical disability, the boxer shall be examined by a physician as defined in RCW 67.08.002(11) prior to the scheduled event. The boxer shall report the disability to the department prior to the scheduled contest.

(6) After a boxer boxes in an event, the boxer shall not box again until seven days have passed.

(7) The department may limit the persons allowed in the dressing room of a boxer.

(8) Licensees shall not verbally abuse or have physical contact with any event official.

(9) Boxers shall receive a health and safety disclosure form from the department at the time the department issues the federal identification card required by the federal Professional Boxing Safety Act of 1996 including amendments of 2000.

(10) Copies of the annual physical examination required in RCW 67.08.100(2) shall be provided to the department. The examination shall certify that a boxer is physically fit to safely compete in a boxing contest.

(11) Any professional boxer engaging in amateur events shall be subject to disciplinary action by the department.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-200, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-200, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-200, filed 5/10/91, effective 6/10/91; 81-05-005 (Order 80-2), 36-12-200, filed 2/6/81; Order 74-2, 36-12-200, filed 11/17/76; Rule .04.200, filed 9/22/60, 3/17/60; subsections (1), (6) and (13) amended by filing of 4/17/64; subsection (2) added by filing 4/17/64.]


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

WAC 36-12-240   To prevent injury to contestants -- Physical qualifications and exams.   (1) A boxer applying for a license to box in this state shall meet the following standards:

(a) Be certified by a physician as described in RCW 67.08.002(11) to be physically fit to safely compete in professional boxing. The examination shall include, but not be limited to:

(i) Eyesight;

(ii) Blood pressure;

(iii) Communicable blood diseases((;)) including, but not limited to, HIV, Hepatitis B, and Hepatitis C; and

(iv) ((Drug testing for controlled substances defined in RCW 69.50.101; and

(v))) Other physical factors the department determines are necessary to show a boxer is physically fit to ((safety)) safely compete in professional boxing.

(b) In addition to the requirements of (a) of this subsection, if a boxer is over thirty-six years old, or has lost six consecutive fights, the physical certification in (a) of this subsection must include proof of:

(i) A complete physical exam ((within thirty days of the event)) which includes an electroencephalogram (EEG) and an electrocardiogram (EKG); and

(ii) Any other specialized medical testing that may be determined necessary by the department.

(2) The event physician shall examine boxers and referees within twenty-four hours prior to and immediately following an event to determine that they meet the standards in subsection (1)(a) of this section with the exception of the requirements of ((subsection (1)(a)(iv) of this section)) RCW 67.08.090(5) unless the department notifies the event physician that drug testing is required following an event.

(3) A boxer who tests positive on a drug test required by RCW 67.08.090(5) or in subsection (((1) or)) (2) of this section shall not be allowed to box in any event.

(4) When a contestant has been knocked out, none of the handlers are to touch the contestant, except to remove the mouthpiece until the attending physician enters the ring and personally attends the fallen contestant, and issues such instructions as deemed necessary to the contestant's handlers.

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-240, filed 1/11/02, effective 2/11/02. Statutory Authority: Chapter 67.08 RCW. 97-01-035, 36-12-240, filed 12/10/96, effective 1/10/97; 91-11-038, 36-12-240, filed 5/10/91, effective 6/10/91; Rule .04.240, filed 12/6/67; Rule .04.240, filed 9/22/60, 3/17/60, subsection (11), filed 4/17/64.]


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

WAC 36-12-465   Application of brief adjudicative proceedings.   The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether the department is proposing to deny an application to any applicant as defined in the Professional Athletics Act, chapter 67.08 RCW;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department; and

(3) Whether a license holder requesting renewal has not submitted all required information to meet minimum criteria for renewal((;

(4) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship)).

[Statutory Authority: RCW 67.08.017 (1), (9). 02-03-069, 36-12-465, filed 1/11/02, effective 2/11/02. Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-12-465, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-12-475   Preliminary record in brief adjudicative proceedings.   (1) The preliminary record with respect to an application for an original or renewal license shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the department in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the department regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and

(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.

(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed educational loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed educational loan or service-conditional scholarship; or

(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-12-475, filed 12/31/99, effective 1/31/00.]

OTS-5832.1


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-010   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 - $ 15.00
Referee - $ 15.00))
Wrestling participant - $ 15.00
Inspector - $ 40.00
((Timekeeper - $ 40.00))
Announcer

(nonparticipant)

- $ 40.00
Event physician - $ 40.00
Promoter - $ 50.00

(2) ((All renewal fees shall be the same fee as each original license fee.)) No license fee is required for persons licensed under chapter 36-12 or 36-14 WAC as an inspector, announcer, event physician or promoter.

(3) ((Licensing requirements:

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

(b) Completed physical within one year. All applicants for a participant's license shall be found after examination by a physician to be physically and mentally fit to participate in a wrestling show or exhibition. (Manager, referee, and wrestling participant only.)

(c) One small current photograph, not more than two years old.

(d) Payment of license fee.

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

(5) Any person under the age of eighteen years old shall not be eligible for a license with the department of licensing.)) In addition to license requirements found in chapter 67.08 RCW, licensees and applicants shall submit a small photograph of themselves that is not more than two years old.

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-010, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-020   Definitions.   ((The term)) "Participant" is defined as ((used in this chapter means)) any person ((actually)) engaged physically in the wrestling exhibition or show.

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-020, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-030   Ring and safety zone.   (1) The promoter shall supply a ring that meets the following standards:

(a) The ring shall not be less than ((sixteen feet)) a sixteen-foot square within the ropes ((and the ring floor shall extend beyond the ropes not less than eighteen inches)).

(((2))) (b) The ring floor shall be padded to a thickness of at least one inch. A regular one-piece wrestling mat is preferred, although soft padding of a proper thickness may be used, with a top covering of clean canvas tightly stretched and laced to the ring platform.

(((3))) (c) The promoter shall keep the mat and covering in a clean and sanitary condition.

(2) There shall be a six-foot safety zone between the ring and the first row of spectator seats. The floor in the safety zone may be covered by padded floor mats. The safety zone may extend in an aisle from ringside directly to the locker room. The safety zone shall have a barrier approved by the department, which is at least three feet high. The barrier shall be of sufficient strength and durability to prevent the audience from coming in physical contact with the wrestling participants. No person other than security, department representatives, wrestling participants or event licensees shall be permitted in the safety zone during any part of an event unless expressly approved by the department representative. The wrestling participants shall not leave the confines of the safety zone during a match. Wrestling activities which may include any member of the audience will be considered unprofessional conduct and subject to penalties under RCW 67.08.180(5) and 67.08.240.

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-030, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-040   Department inspector.   (1) ((A department)) An inspector shall attend all wrestling events ((scheduled)). ((He will make sure)) The inspector shall ensure all participants are properly licensed and ((that)) all laws, rules, and regulations are enforced. Wrestling participants scheduled to work at an event shall provide proof of their identity by:

(a) Presenting picture identification to the inspector; and

(b) Signing their legal name that matches the picture identification on a form provided by the inspector.

(2) ((The inspector shall forward all reports and the gross revenue tax due from each event to the department office.

(3) Each)) Inspector, other than a department employee, shall receive ((for each event officially attended,)) a fee not to exceed two percent of the net gate of each event up to a maximum of four hundred dollars and a minimum of thirty-five dollars which shall be paid by the promoter.

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-040, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-050   ((Timekeepers and)) Announcers.   ((Timekeepers and)) Nonparticipant announcers ((will)) who will not be actually engaged physically in the wrestling exhibition or show may be provided by the promoter and must be licensed with the department.

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-050, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

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.

(((3))) (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.

(((4))) (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.

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

(((6))) (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(1). 00-02-054, 36-13-110, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-120   Application of brief adjudicative proceedings.   The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether the department is proposing to deny an application to any applicant as defined in the Professional Athletics Act, chapter 67.08 RCW;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department; and

(3) Whether a license holder requesting renewal has not submitted all required information to meet minimum criteria for renewal((; and

(4) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship)).

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-120, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-13-130   Preliminary record in brief adjudicative proceedings.   (1) The preliminary record with respect to an application for an original or renewal license shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the department in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the department regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and

(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.

(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed educational loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed educational loan or service-conditional scholarship; or

(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-130, filed 12/31/99, effective 1/31/00.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 36-13-060 Matches.
WAC 36-13-070 Tickets.
WAC 36-13-080 Contracts.
WAC 36-13-090 Records.
WAC 36-13-100 Buildings.

OTS-5834.1

Chapter 36-14 WAC

PROFESSIONAL MARTIAL ARTS


NEW SECTION
WAC 36-14-105   Guidelines for kickboxing and Muay Thai weight classes -- Weight difference and glove weight.   The following guidelines shall be used for contests unless the department waives the weight difference allowance in writing. Glove weight shall be ten ounces for all weight classes.

Weight Class Weight Difference Allowance
Flyweight 112 pounds to no minimum not more than 3 lbs.
Super Flyweight 112.1 to 115 pounds not more than 3 lbs.
Bantamweight 115.1 to 118 pounds not more than 3 lbs.
Super Bantamweight 118.1 to 122 pounds not more than 5 lbs.
Featherweight 122.1 to 126 pounds not more than 5 lbs.
Super Featherweight 126.1 to 130 pounds not more than 7 lbs.
Lightweight 130.1 to 135 pounds not more than 7 lbs.
Super Lightweight 135.1 to 140 pounds not more than 9 lbs.
Welterweight 140.1 to 147 pounds not more than 9 lbs.
Super Welterweight 147.1 to 154 pounds not more than 11 lbs.
Middleweight 154.1 to 160 pounds not more than 11 lbs.
Super Middleweight 160.1 to 167 pounds not more than 12 lbs.
Light Heavyweight 167.1 to 175 pounds not more than 12 lbs.
Super Light Heavyweight 175.1 to 183 pounds not more than 20 lbs.
Cruiserweight 183.1 to 190 pounds not more than 20 lbs.
Heavyweight 190.1 to 220 pounds no limit
Super Heavyweight over 220.1 pounds no limit

[]


NEW SECTION
WAC 36-14-106   Weighing time.   (1) Participants shall be weighed within twenty-four hours prior to the scheduled event, at a time and place chosen by the promoter and approved by the department. The weigh-in shall take place in the presence of the department and the promoter or the promoter's representative.

(2) The scales used for weigh-in shall be provided by the promoter and approved by the department.

(3) The weight of each participant shall be recorded on a form provided by the department and signed by the representative of the department.

(4) If a participant weighs-in within twenty-four hours, but not less than twelve hours prior to an event's scheduled start time, the participant shall weigh the weight specified on the boxer/promoter contract referred to in WAC 36-12-360(7). If a participant weighs more than the weight specified in the boxer/promoter contract, the participant may:

(a) Lose the weight exceeded in the boxer/promoter contract at least twelve hours prior to the event's scheduled start time;

(b) Lose all but two pounds of the weight exceeded in the boxer/promoter contract at least twelve hours prior to the event's scheduled start time and lose the final two pounds at least two hours prior to the event's scheduled start time;

(c) Renegotiate the boxer/promoter contract; or

(d) Not do (a) through (c) of this subsection and the contest will be canceled by the department.

(5) If a participant weighs-in less than twelve hours prior to an event's scheduled start time, the participant shall weigh the weight specified in the boxer/promoter contract referred to in WAC 36-12-360(7). If a participant weighs more than two pounds over the weight specified in the boxer/promoter contract, the participant may:

(a) Lose up to two pounds at least two hours prior to an event's scheduled start time;

(b) Renegotiate the boxer/promoter contract; or

(c) Not do (a) or (b) of this subsection and the contest will be canceled by the department.

[]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

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 - $ 40.00
Referee - $ 15.00
Kickboxer - $ 15.00
Martial arts participant - $ 15.00
Matchmaker - $ 40.00
Second - $ 15.00
Inspector - $ 40.00
Judge - $ 40.00
Timekeeper - $ 40.00
Announcer - $ 40.00
Event physician - $ 40.00
Event chiropractor - $ 40.00
Promoter - $ 50.00

(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 and referee only).

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

(d) Payment of license fee.

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

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

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-14-110, filed 12/31/99, effective 1/31/00.]


NEW SECTION
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 televised fight, event officials shall be paid by the promoter at the respective and prevailing scale of the sponsoring 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 sponsoring organization but shall not be lower than the rates established below:

Judges $400.00
Timekeepers $250.00
Referee (preliminary) $450.00
Referee (main event) $500.00
Physician $300.00
Event chiropractor $250.00

(5) In the event of a "world" title bout, the following minimum fees shall be paid by the promoter of the event to event officials:

Officials fees (minimums) Judges Timekeepers Referee Physician Event chiropractor
If total purse is up to $100,000 $1,000 $600 $1,200 $700 $500
$100,000 to $300,000 $1,100 $700 $1,500 $800 $600
$300,001 to $1,000,000 $1,800 $800 $2,500 $900 $700
$1,000,001 to $5,000,000 $2,500 $900 $3,000 $1,000 $800
Over $5 million $4,500 $1,000 $7,500 $1,500 $1,000

(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.

[]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-14-400   Application of brief adjudicative proceedings.   The director adopts RCW 34.05.482 through 34.05.494 for the administration of brief adjudicative proceedings conducted by request, and/or at the discretion of the director pursuant to RCW 34.05.482, for the categories of matters set forth below. Brief adjudicative proceedings will be limited to a determination of one or more of the following issues:

(1) Whether the department is proposing to deny an application to any applicant as defined in the Professional Athletics Act, chapter 67.08 RCW;

(2) Whether a person is in compliance with the terms and conditions of a final order or agreement previously issued by the department;

(3) Whether a license holder requesting renewal has not submitted all required information to meet minimum criteria for renewal((; and

(4) Whether a license holder has been certified by a lending agency and reported to the department for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship)).

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-14-400, filed 12/31/99, effective 1/31/00.]


AMENDATORY SECTION(Amending WSR 00-02-054, filed 12/31/99, effective 1/31/00)

WAC 36-14-410   Preliminary record in brief adjudicative proceedings.   (1) The preliminary record with respect to an application for an original or renewal license shall consist of:

(a) The application for the license, renewal, or approval and all associated documents;

(b) All documents relied upon by the department in proposing to deny the application, renewal, or approval; and

(c) All correspondence between the applicant for license, renewal, or approval and the department regarding the application.

(2) The preliminary record with respect to determination of compliance with a previously issued final order or agreement shall consist of:

(a) The previously issued final order or agreement;

(b) All reports or other documents submitted by, or at the direction of, the license holder, in full or partial fulfillment of the terms of the final order or agreement;

(c) All correspondence between the license holder and the department regarding compliance with the final order or agreement; and

(d) All documents relied upon by the department showing that the license holder has failed to comply with the previously issued final order or agreement.

(((3) The preliminary record with respect to the determination of nonpayment or default by the license holder on a federally or state-guaranteed educational loan or service-conditional scholarship shall consist of:

(a) Certification and report by the lending agency that the identified person is in default or nonpayment on a federally or state-guaranteed educational loan or service-conditional scholarship; or

(b) A written release, if any, issued by the lending agency stating that the identified person is making payment on the loan in accordance with a repayment agreement approved by the lending agency.))

[Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-14-410, filed 12/31/99, effective 1/31/00.]

Washington State Code Reviser's Office