WSR 15-19-109
[Filed September 18, 2015, 2:24 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-12-080.
Title of Rule and Other Identifying Information: Amending WAC 36-13-010 License fees, renewals and requirements and 36-13-110 Miscellaneous provisions; and repealing WAC 36-13-050 Announcers.
Hearing Location(s): Department of Licensing, Business and Professions Division, Building 2, Floor 1, Conference Room 2105, 405 Black Lake Boulevard S.W., Olympia, WA 98502, on October 30, 2015, at 2 p.m.
Date of Intended Adoption: November 4, 2015.
Submit Written Comments to: Cameron Dalmas, Department of Licensing, Combative Sports Program, P.O. Box 9026, Olympia, WA 98507, e-mail, fax (360) 664-2550, by October 29, 2015.
Assistance for Persons with Disabilities: Contact Cameron Dalmas by October 29, 2015, TTY (360) 664-0116 or (360) 664-6643.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rules:
Removes licensing requirements for announcers.
Removes restrictions on the use of foul and profane language.
Removes the department's requirement to approve all cancellations or postponements of wrestling events and the requirement that a small advance sale of tickets shall not be regarded as a reason for postponement or cancellation.
Reasons Supporting Proposal: Industry stakeholders have requested amendments to the rules and are in support of the proposed rules. The proposed rules are more in line with current industry standards and practices.
Unlike boxing and martial arts where the announcer is required to announce the results of a bout as directed by the department, in wrestling there are no such requirements because the outcome of the bouts are predetermined. Removing this licensing requirement will not compromise the safety and welfare of the participants or have a significant impact on revenue collection.
Unlike boxing and martial arts, professional wrestling is a form of theatrical entertainment where the use of unconventional language is typically customary in the industry. Removing restrictions on the use of unconventional language will allow the promoter to conduct their business under their own discretion as in any other type of theatrical entertainment without compromising safety.
The requirement for the department to monitor the cancellation of events was put in place to protect the consumer from fraud or misrepresentation of tickets sales and is duplicative of existing law. Fraud and misrepresentation are already established as unprofessional conduct under chapter 67.08 RCW, the Boxing, Martial Arts and Wrestling Act and chapter 18.235 RCW, the Uniform Regulation of Business and Professions Act.
Statutory Authority for Adoption: RCW 67.08.017, 43.24.023, and 43.24.086.
Statute Being Implemented: RCW 67.08.017.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Susan Colard, 405 Black Lake Boulevard S.W., Olympia, WA 98502, (360) 664-6643.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed rules are exempt under RCW 34.05.32 [34.05.325].
A cost-benefit analysis is not required under RCW 34.05.328. Washington state department of licensing is not a named agency; therefore a cost-benefit analysis is not required under RCW 34.05.328.
September 18, 2015
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-08-037, filed 4/1/10, effective 5/2/10)
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
Event physician
No charge
(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)) wrestling participants shall submit a small photograph of themselves that is not more than two years old.
AMENDATORY SECTION (Amending WSR 11-03-028, filed 1/11/11, effective 2/11/11)
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((,)) and order((, and decency)) in the conduct of any show or exhibition. There shall be no abuse of a department official at any time. ((Foul and profane language by participants is prohibited.))
(4) Responsibility of promoter.
(a) Each promoter shall be directly responsible to the department for the conduct of its employees and any violation of the laws, rules, or regulations of the department by any employee of a promoter shall be deemed to be a violation by the promoter.
(b) Promoters are responsible for any violations of the law or department rules by their participants.
(c) Promoters shall provide an ambulance or paramedical unit with transport and resuscitation capabilities, with a minimum of two attendants, to be present at the event location at all times during the event.
(5) ((Postponement or cancellation. A small advance sale of tickets shall not be regarded as a legitimate reason for a postponement or cancellation. Indoor wrestling shows or exhibitions shall not be canceled for any reason except with the approval of the department.
(6))) Discrimination. Discrimination against any participant in regard to sex, race, color, creed or national origin shall be referred to the human rights commission.
(((7))) (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.
The following section of the Washington Administrative Code is repealed:
WAC 36-13-050