Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS 229.021,
229.031,
229.071,
229.091,
229.155,
229.171,
229.180,
229.190,
229.200,
229.991, EO
2016-270
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
229.171(1) authorizes the
authority to exercise sole jurisdiction over all boxing, kickboxing, mixed
martial arts, and wrestling shows, exhibitions, and licensees in the
commonwealth. Executive Order 2016-270, effective May 16, 2016, abolished the
Kentucky Boxing and Wrestling Authority and established the Kentucky Boxing and
Wrestling Commission. This administrative regulation provides the policies and
procedures that govern the finding of a violation of KRS Chapter 229 or 201 KAR
Chapter 27, the issuance of a penalty, and the appeal of a penalty.
Section 1. Violations.
(1) A person shall be guilty of a violation
for any of the following actions:
(a)
Violating any provision of KRS Chapter 229;
(b) Violating any provision of 201 KAR
Chapter 27;
(c) Being found guilty
of, pleading guilty to, pleading no contest to, or entering an Alford plea to a
crime, other than a traffic violation, that is detrimental to the interests of
boxing, kickbox-ing, mixed martial arts, or wrestling generally or to the
public interest, convenience, or necessity in any jurisdiction;
(d) Being found liable in a civil action for
any claim that involves fraud or dishonesty in any jurisdiction if the person
is a licensed promoter, manager, referee, or judge;
(e) Violating a law related to boxing,
kickboxing, mixed martial arts, elimination events, or wrestling in any
jurisdiction;
(f) Placing a bet or
wager on any bout or match in which the person participates or works;
(g) Serving as, or consorting or associating
with any person who is, a bookmaker or illegal gambler;
(h) Participating in an unlicensed event;
or
(i) Declaring bankruptcy if the
person is a licensed promoter, manager, referee, or judge.
(2) A person shall be guilty of a violation
if the person authorizes or ratifies any of the actions in subsection (1) of
this section if the action is taken by the person's agent, employee,
shareholder, member, officer, or director.
(3) A person who commits a violation shall be
issued a notice of violation.
Section
2. Penalties.
(1) If the
commission has reason to believe that a person has committed a violation, the
commission may impose one (1) or more of the following actions:
(a) Issue a cease and desist order;
(b) Declare a contestant ineligible to
compete or disqualify the contestant;
(c) Eject the person from the premises at
which the show or exhibition is taking place;
(d) Issue a fine;
(e) Suspend, reprimand, revoke, probate, or
refuse to renew or issue a license; or
(f) Refer the person for criminal
prosecution.
(2) In
issuing a penalty pursuant to subsection (1) of this section, the commission
shall consider:
(a) The severity of the
violation;
(b) The licensee's
history of violations and penalties; and
(c) The violation's potential impact on
health, safety, and the outcome of a contest; and
(d) If the penalty is for a violation of
201
KAR 27:021, the penalty guidelines established in
201
KAR 27:021, Section 7.
(3) A person whose license is currently
suspended shall be prohibited from:
(a) Being
present in a locker room that is used during a commission-sanctioned event;
and
(b) Being located within the
six (6) foot area surrounding the ring or cage at a commission-sanctioned
event.
Section
3. Inspector's Authority to Issue a Violation and a Penalty.
(1) Pursuant to
KRS
229.155, the commission shall authorize its
inspectors to:
(a) Issue a notice of violation
in accordance with Section 1 of this administrative regulation; and
(b) Issue a penalty in accordance with
Section 2 of this administrative regulation.
(2) A penalty issued by an inspector shall be
subject to appeal pursuant to Section 5 of this administrative
regulation.
Section 4.
Reciprocity of a Penalty.
(1) A licensee who
is subjected to a penalty in any jurisdiction shall report to the commission
within ten (10) days the date, type, and reason for the penalty given and the
name of the regulatory body that ordered the penalty.
(2) The commission shall enforce the penalty
given by any other regulatory body unless the licensee shows good cause why the
commission should not reciprocally enforce the penalty.
Section 5. Appeals.
(1) Any person issued a penalty may appeal
the penalty to the full commission.
(2) An appeal shall be filed within twenty
(20) days of the date the penalty is issued.
(3) The provisions of KRS Chapter 13B shall
govern all administrative appeals.
Section 6. Effect of Expiration of License on
Jurisdiction of the Commission. The expiration of a license shall not deprive
the commission of jurisdiction to:
(1) Proceed
with an investigation of the former licensee; or
(2) Issue a penalty against the former
licensee.
STATUTORY AUTHORITY:
KRS 229.071,
229.091,
229.155,
229.171,
229.180,
229.190,
229.200,
229.991