WSR 10-05-114

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed February 17, 2010, 10:19 a.m. ]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule and Other Identifying Information: Fees: Chapter 36-12 WAC, Professional boxing; chapter 36-13 WAC, Professional wrestling; and chapter 36-14 WAC, Professional martial arts; amending WAC 36-12-165 Event fees to be paid by promoter, 36-12-195 License fees, renewals and requirements, 36-13-005 Event fees to be paid by promoter, 36-13-010 License fees, renewals and requirements, 36-14-108 Event fees to be paid by promoter, and 36-14-110 License fees, renewals and requirements.

Hearing Location(s): Department of Licensing, Building 2, Conference Room 209, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on March 23, 2010, at 11 a.m.

Date of Intended Adoption: March 24, 2010.

Submit Written Comments to: Cameron Dalmas, Department of Licensing, Professional Athletics Program, P.O. Box 9026, Olympia, WA 98502, e-mail ndalmas@dol.wa.gov, fax (360) 664-2550, by March 16, 2010.

Assistance for Persons with Disabilities: Contact Cameron Dalmas by March 16, 2010, TTY (360) 664-8885 or (360) 664-6643.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To increase the fees in the boxing, martial arts and wrestling program as follows:

WAC 36-12-165, 36-13-005, 36-14-108, Event fees to be paid by promoter: Increases the event fee from five percent to six percent plus one dollar per ticket sold.

WAC 36-12-195, 36-13-010, 36-14-110, License fees, renewals and requirements:


WAC 36-12-195 WAC 36-13-010 WAC 36-14-110
Licensing Type Old fee New fee Old fee New fee Old fee New fee
Martial arts participant $15 $25
Kickboxer $15 $25
Wrestling participant $15 $25
Boxer $15 $25
Manager $40 $65 $40 $65
Referee $15 $65 $15 $65
Matchmaker $40 $65 $40 $65
Second $15 $25 $15 $25
Inspector $40 $65 $40 $65 $40 $65
Judge $40 $65 $40 $65
Timekeeper $40 $65 $40 $65
Announcer $40 $65 $40 $65 $40 $65
Event physician $40 No charge $40 No charge $40 No charge
Event Chiropractor $40 $65 $40 $65 $40 $65
Promoter $50 $200 $50 $200 $50 $200

Reasons Supporting Proposal: Currently the program does not collect enough revenue to cover program expenditures as required by RCW 43.24.086. Increasing fees will allow us to help offset the costs of the department in administering chapter 67.08 RCW, Boxing, martial arts, and wrestling.

Statutory Authority for Adoption: RCW 67.08.017, 43.24.086, 67.08.105.

Statute Being Implemented: RCW 67.08.105.

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: Trudie Touchette, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6650.

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.

February 17, 2010

Walt Fahrer

Rules Coordinator

OTS-2970.2


AMENDATORY SECTION(Amending WSR 09-14-028, filed 6/23/09, effective 7/24/09)

WAC 36-12-165   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to ((five)) six percent of the gross receipts paid for admission to events plus one dollar per ticket sold as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

[Statutory Authority: RCW 67.08.015, 43.24.023. 09-14-028, 36-12-165, filed 6/23/09, effective 7/24/09.]


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

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))

65.00

Referee - $((15.00))

65.00

Boxer - $((15.00))

25.00

Matchmaker - $((40.00))

65.00

Second - $((15.00))

25.00

Inspector - $((40.00))

65.00

Judge - $((40.00))

65.00

Timekeeper - $((40.00))

65.00

Announcer - $((40.00))

65.00

Event physician - (($40.00))

No charge

Event chiropractor - $((40.00))

65.00

Promoter - $((50.00))

200.00


(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, 67.08.105, and 43.24.023. 02-20-094, 36-12-195, filed 10/1/02, effective 1/1/03. 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.]

Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.

OTS-2971.2


AMENDATORY SECTION(Amending WSR 09-14-028, filed 6/23/09, effective 7/24/09)

WAC 36-13-005   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to ((five)) six percent of the gross receipts paid for admission to events plus one dollar per ticket sold as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

[Statutory Authority: RCW 67.08.015, 43.24.023. 09-14-028, 36-13-005, filed 6/23/09, effective 7/24/09.]


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

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:


Wrestling participant - $((15.00))

25.00

Inspector - $((40.00))

65.00

Announcer

(nonparticipant)

- $((40.00))

65.00

Event physician - (($40.00))

No charge

Promoter - $((50.00))

200.00


(2) 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) 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, 67.08.105, and 43.24.023. 02-20-094, 36-13-010, filed 10/1/02, effective 1/1/03. Statutory Authority: RCW 67.08.017(1). 00-02-054, 36-13-010, filed 12/31/99, effective 1/31/00.]

OTS-2972.2


AMENDATORY SECTION(Amending WSR 09-14-028, filed 6/23/09, effective 7/24/09)

WAC 36-14-108   Event fees to be paid by promoter.   (1) A promoter shall pay an event fee equal to ((five)) six percent of the gross receipts paid for admission to events plus one dollar per ticket sold as required and defined in RCW 67.08.002, 67.08.050, and 67.08.055.

(2) A complimentary ticket may not have a face value of less than the least expensive ticket available for sale to the general public. The number of complimentary tickets not subject to an event fee shall be limited to ten percent of the total tickets sold per event location, not to exceed one thousand tickets. All complimentary tickets exceeding this exemption shall be subject to an event fee.

[Statutory Authority: RCW 67.08.015, 43.24.023. 09-14-028, 36-14-108, filed 6/23/09, effective 7/24/09.]


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

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)) 65.00
Referee - $((15.00)) 65.00
Kickboxer - $((15.00)) 25.00
Martial arts participant - $((15.00)) 25.00
Matchmaker - $((40.00)) 65.00
Second - $((15.00)) 25.00
Inspector - $((40.00)) 65.00
Judge - $((40.00)) 65.00
Timekeeper - $((40.00)) 65.00
Announcer - $((40.00)) 65.00
Event physician - (($40.00)) No charge
Event chiropractor - $((40.00)) 65.00
Promoter - $((50.00)) 200.00

(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, 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.]

Washington State Code Reviser's Office