WSR 99-20-140

PROPOSED RULES

DEPARTMENT OF LICENSING


(Professional Athletics Section)

[ Filed October 6, 1999, 10:38 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-12-103.

Title of Rule: WAC 36-12-195, 36-12-465, 36-12-475, and 36-12-485, professional boxing rules, WAC 36-13-010 through 36-13-140, professional wrestling rules, and WAC 36-14-110 through 36-14-420, professional martial arts.

Purpose: To allow the department to expand and clarify chapter 36-12 WAC, so as to identify separately professional boxing, wrestling and the martial arts professions and to set licensing fees and add brief adjudicative procedures language.

Statutory Authority for Adoption: RCW 67.08.017(1).

Summary: These rule changes set fees as authorized previously by legislative authority and to establish brief adjudicative procedures.

Reasons Supporting Proposal: The professional athletics program regulates boxing, wrestling and martial arts events. The proposed rules will allow the Department of Licensing to establish fees not previously collected and to add brief adjudicative procedures.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Schneider, 405 Black Lake Boulevard, Building #2, Olympia, WA 98502, (360) 753-3713.

Name of Proponent: Washington State Boxing Officials Association and United Full Contact Federation, private.

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

Explanation of Rule, its Purpose, and Anticipated Effects: A portion of licensees had previously been receiving a no charge license. These rule changes allow the department to set the license fee, establish brief adjudicative procedures language, and expand chapter 36-12 WAC to include chapter 36-13 WAC, Wrestling and chapter 36-14 WAC, Martial arts for better clarification.

Proposal Changes the Following Existing Rules: Changes current licensing year of July 1 through June 30, to one year from date of issue.

No small business economic impact statement has been prepared under chapter 19.85 RCW. There are fewer than fifty businesses affected by this rule.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.

Hearing Location: Department of Licensing, 405 Black Lake Boulevard, Building #2, BPD Conference Room #1, Olympia, WA, on November 15, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Jim Hood by November 5, 1999, TDD (360) 586-2788, or (360) 753-3713.

Submit Written Comments to: Michael Schneider, Deputy Administrator, Department of Licensing, Professional Athletics Section, P.O. Box 9649, Olympia, WA 98507-9649, fax (360) 644-2550, by November 8, 1999.

Date of Intended Adoption: December 31, 1999.

October 6, 1999

Michael W. Schneider

Deputy Administrator

OTS-3448.2


NEW SECTION
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
Physician - $ 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.

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

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NEW SECTION
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 student loan or service-conditional scholarship.

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NEW SECTION
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 student 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 student 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.

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NEW SECTION
WAC 36-14-420
Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for brief adjudicative proceeding.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ department expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

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OTS-3447.2


NEW SECTION
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 - $ 40.00
Physician - $ 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. 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.

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NEW SECTION
WAC 36-13-020
Definitions.

The term "participant" as used in this chapter means any person actually engaged physically in the wrestling exhibition or show.

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NEW SECTION
WAC 36-13-030
Ring.

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

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

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NEW SECTION
WAC 36-13-040
Department inspector.

(1) A department inspector shall attend all wrestling events scheduled. He will make sure all participants are properly licensed and that all laws, rules, and regulations are enforced.

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

(3) Each inspector 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.

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NEW SECTION
WAC 36-13-050
Timekeepers and announcers.

Timekeepers and announcers will be provided by the promoter and must be licensed with the department.

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NEW SECTION
WAC 36-13-060
Matches.

(1) The promoter shall furnish the department with an advance notice, giving the names of the participants to be used prior to each event.

(2) Participants shall not engage another participant in any conduct outside of the ring which may endanger a spectator. Any wrestlers involved in this action will be suspended immediately for a period of time set by the department.

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NEW SECTION
WAC 36-13-070
Tickets.

(1) Tickets must be printed and consecutively numbered.

(2) A ticket manifest must be provided to the department upon request.

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NEW SECTION
WAC 36-13-080
Contracts.

Any contract or agreement between a participant and a promoter shall be in writing, signed by all parties, and made available to the department upon request.

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NEW SECTION
WAC 36-13-090
Records.

Promoters shall maintain a full, true, and accurate set of books of account and other records of receipts and disbursements in connection with all shows or exhibitions, and the records shall be open for inspection and audit by representatives of the department for a period of six months after each event or exhibition.

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NEW SECTION
WAC 36-13-100
Buildings.

Any building or facility where wrestling events are held must meet state and local fire and safety requirements.

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

(6) 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.

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NEW SECTION
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;

(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 student loan or service-conditional scholarship.

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NEW SECTION
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 student 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 student 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.

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NEW SECTION
WAC 36-13-140
Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for brief adjudicative proceeding.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ department expertise as a basis for decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

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OTS-3445.2


AMENDATORY SECTION(Amending WSR 97-01-035, filed 12/10/96, effective 1/10/97)

WAC 36-12-195
License fees, renewals and requirements.

(1) The license year is ((July 1st through June 30th and)) one year from date of issue. License fees are paid annually.  Fees ((are)) shall be as follows:


(((1))) Manager - $ 40.00
(((2))) Referee - $ 15.00
(((3))) Boxer - $ 15.00
(((4))) Matchmaker - $ 40.00
(((5))) Second - $ 15.00
Inspector - $ 40.00
Judge - $ 40.00
Timekeeper - $ 40.00
Announcer - $ 40.00
Physician - $ 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.

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

[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.]


NEW SECTION
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;

(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 student loan or service-conditional scholarship.

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NEW SECTION
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 student 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 student 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.

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NEW SECTION
WAC 36-12-485
Conduct of brief adjudicative proceedings.

(1) Brief adjudicative proceedings shall be conducted by a presiding officer for brief adjudicative proceedings designated by the director. The presiding officer for brief adjudicative proceedings shall not have personally participated in the decision which resulted in the request for brief adjudicative proceeding.

(2) The parties or their representatives may present written documentation. The presiding officer for brief adjudicative proceedings shall designate the date by which written documents must be submitted by the parties.

(3) The presiding officer for brief adjudicative proceedings may, in his or her discretion, entertain oral argument from the parties or their representatives.

(4) No witnesses may appear to testify.

(5) In addition to the record, the presiding officer for brief adjudicative proceedings may employ department expertise as a basis for the decision.

(6) The presiding officer for brief adjudicative proceedings shall not issue an oral order. Within ten days of the final date for submission of materials or oral argument, if any, the presiding officer for brief adjudicative proceedings shall enter an initial order.

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REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 36-12-365 Definitions.
WAC 36-12-367 Participants.
WAC 36-12-370 Ring.
WAC 36-12-385 Department inspector.
WAC 36-12-400 Timekeepers and announcers.
WAC 36-12-410 Matches.
WAC 36-12-415 Tickets.
WAC 36-12-425 Contracts.
WAC 36-12-435 Records.
WAC 36-12-445 Buildings.
WAC 36-12-450 Miscellaneous provisions.

Washington State Code Reviser's Office