201 KAR 27:005reg. Definitions for 201 KAR Chapter 27

      Section 1. Definitions. (1)["Authority" is defined in KRS 229.011(2).

      (2)] "Battle royal" means more than two (2) contestants in a boxing, kickboxing, mixed martial arts, or elimination event competing in a "last man standing wins" format[during a contest].

      (2)[(3)] "Bout" means a single competition[contest] or exhibition of unarmed combat[in boxing, kickboxing, mixed martial arts, and elimination events] pitting two (2) opponents against one another in which the contestants strive earnestly and in good faith to win, are judged, and a winner declared.

      (3) "Boxing" is defined by KRS 229.011(3).

      (4) "Card" means a series of bouts, matches, or[contests and] exhibitions scheduled or occurring as part of a single program[to which a single ticket authorizes admittance, and which is under the jurisdiction of the authority].

      (5) "Commission" means the body formerly known as the "Authority", defined by KRS 229.011(2) and created by EO 2016-270["Chairperson" means the chairperson of the authority, appointed pursuant to KRS 229.151].

      (6)["Contest" means an engagement in which the contestants strive earnestly in good faith to win, and in which the contestants are judged, and a winner declared.

      (7)] "Contestant" means any person engaging in a show of unarmed combat[participating in boxing, wrestling, mixed martial arts, elimination event, or kick boxing, shows] coming under the commission’s jurisdiction[of the authority].

      (7)[(8)] "Elimination event" means a boxing show in which[where] the winner of each bout continues to box against additional opponents in a tournament format until an overall winner is determined.

      (8) "Exhibition" is defined by KRS 229.011(4).

      (9) "Healthcare professional" means any person licensed in Kentucky as a physician, chiropractor, podiatrist, nurse practitioner, physician’s assistant, registered nurse, physical therapist, paramedic, emergency medical technician, or athletic trainer.

      (10) "Inspector" means any person assigned by the executive director of the commission or the executive director’s designee to supervise shows coming under the commission’s jurisdiction[(9) "Executive director" means the officer appointed by the governor to oversee the operations of the authority.

      (10) "Inspector" means an authority employee assigned to inspect professional shows coming under the jurisdiction of the authority].

      (11) "Judge" means an official, other than a referee, licensed and approved by the commission[authority] to score bouts[contests] and have a vote in determining the winner of any bout[contest].

      (12) "Kickboxing" is defined by KRS 229.011(5)[means a boxing show where the participants are allowed to throw kicking or foot blows at the opponent in addition to regular punching with the hands].

 

      (13) "Manager":

      (a) Means a person who:

      1. Undertakes to represent the interest of another person, in procuring, arranging, or conducting a professional bout or exhibition in which the person is to participate as a contestant;

      2. Directs or controls the professional unarmed combat activities of a contestant;

      3. Receives or is entitled to receive ten (10) percent or more of the gross purse or gross income of any professional contestant for services relating to participation of the contestant in a professional bout or exhibition; or

      4. Receives compensation for service as an agent or representative of a bout; and

      (b) Does not mean an attorney licensed to practice in this state if his or her participation in these activities is restricted solely to legal representation of the interests of a contestant as his or her client.

      (14) "Match" means a single event[contest] or exhibition in wrestling pitting two (2) or more opponents against one another.

      (15) "Medical advisory panel" means the Kentucky Boxing and Wrestling Medical Advisory Panel created by EO 2016-270.

      (16) "Mixed martial arts" is defined by KRS 229.011(6).

      (17)[(14) "Mixed martial arts" means any form of unarmed combat, including elements of boxing, kickboxing, wrestling, and other martial arts, not otherwise defined or individually regulated under 201 KAR Chapter 27, and in which participants are compensated.

      (15) "Official" means any announcer, judge, physician, referee, or timekeeper.

      (16)] "Professional" is defined by KRS 229.011(8)[(5)].

      (18)[(17)] "Promoter" means any individual, corporation, association, partnership, or club that[who] has been issued a license to promote or[and] conduct professional boxing, wrestling, mixed martial arts, elimination event, or kickboxing shows within the[this] commonwealth and who is responsible for[or who oversees] the arranging, organizing, matchmaking, and booking of a show.

      (19) "Ring official" means any person who performs an official function during a bout, match, or exhibition, including an announcer, judge, physician, referee, or timekeeper.

      (20)[(18)] "Second" means any person aiding, assisting, or advising a contestant during a show.

      (21) "Serious physical injury" means physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of any bodily organ.

      (22) "Show" is defined by KRS 229.011(9).

      (23) "Technical knockout" means the ending of a bout by the referee or physician on the grounds of one (1) contestant's inability to continue, the opponent being declared the winner.

      (24)[(19) "Show" means any organized grouping of boxing, kickboxing, mixed martial arts, wresting, or elimination event contests or exhibitions coming under the jurisdiction of the Kentucky Boxing and Wrestling Authority.

      (20) "Sparring" means practice boxing, in which a boxer receives, lands or attempts to land blows from or on another person as part of a practice or training exercise.

      (21)] "Trainer" means any person who participates in the guidance and instruction[training] of any contestant so as to make that individual proficient or qualified to engage in unarmed combat, if[provided that] the training occurs within this commonwealth.

      (25) "Unarmed combat" means engaging in boxing, kickboxing, wrestling, mixed martial arts, or an elimination event.

      (26)[(22)] "Wrestling event staff" means anyone other than a wrestler or referee permitted to be inside the six (6) foot barrier around the ring during a wrestling event.

 

CHAD E. MILLER, Chairman

DAVID A. DICKERSON, Secretary

      APPROVED BY AGENCY: July 14, 2016

      FILED WITH LRC: July 15, 2016 at noon

      PUBLIC HEARING AND PUBLIC COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 24, 2016, at 4:00 p.m., at the Office of Occupations and Professions, 911 Leawood Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing no later than five (5) working days prior to the hearing of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. The hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted if received at or before 11:59 p.m. on August 31, 2016. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation by the above date to the contact person.

      CONTACT PERSON: Barry Dunn, Executive Director, Office of Legal Services, Public Protection Cabinet, 500 Mero Street, 5th Floor, Frankfort, Kentucky 40601, phone [phone], fax [phone], email: [e-mail].

 

Regulatory Impact Analysis and Tiering Statement

 

Contact Person: Barry Dunn

      (1) Provide a brief summary of:

      (a) What this administrative regulation does: This administrative regulation defines terms in 201 KAR Chapter 27.

      (b) The necessity of this administrative regulation: This regulation is necessary to increase understanding of 201 KAR Chapter 27 while limiting the repetitive use of definitions.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This amendment includes definitions to conform to those in KRS 229.011 and throughout the Kentucky Boxing and Wrestling Commission’s ("KBWC") regulations.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation defines terms used in the KBWC’s regulations.

      (2) If this is an amendment to an existing administrative regulation, provide a brief summary of:

      (a) How the amendment will change this existing administrative regulation: This amendment tightens the definition of certain currently defined terms, defines additional terms, and repeals obsolete terms.

      (b) The necessity of the amendment to this administrative regulation: This regulation is necessary to provide to licensees a clear understanding of the requirements of 201 KAR Chapter 27.

      (c) How the amendment conforms to the content of the authorizing statutes: KRS 229.180 authorizes the KBWC to adopt and promulgate, amend, or abrogate any and all rules and regulations considered by it necessary or expedient for the performance of its functions provided in this chapter.

      (d) How the amendment will assist in the effective administration of the statues: This amendment is necessary to provide to licensees a clear understanding of the requirements of 201 KAR Chapter 27.

      (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation impacts the Kentucky Boxing and Wrestling Commission, participants in unarmed combat, and other licensees such as promoters, physicians, judges, officials, and anyone else licensed or seeking licensure with the Kentucky Boxing and Wrestling Commission. The Commission licenses around 1,250 people a year.

      (4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:

      (a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment: No additional action will need to be taken to comply with this amendment.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): No additional costs will accrue to the entities identified.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This amendment benefits all entities by making 201 KAR Chapter 27 easier to understand.

      (5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:

      (a) Initially: No cost.

      (b) On a continuing basis: No cost.

      (6) What is the source of the funding to be used for implementation and enforcement of this administrative regulation: No funding will be required for the implementation and enforcement of this amendment.

      (7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment: No increase in fees or funding is required.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation does not establish any fees.

      (9) TIERING: Is tiering applied? No. Definitions apply the same way to all licensees.

 

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT

 

      1. What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation? The Kentucky Boxing and Wrestling Commission.

      2. Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation. The statutory authority for this administrative regulation is KRS 229.171 and 229.180.

      3. Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect. This amendment will have no effect on expenditures and revenues for the first full year the administrative regulation is in effect.

      (a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year? This amendment will generate no revenue for the first year.

      (b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years? This amendment will generate no revenue for subsequent years.

      (c) How much will it cost to administer this program for the first year? This amendment has no effect on the cost to administer this program for the first year.

      (d) How much will it cost to administer this program for subsequent years? This amendment has no effect on the cost to administer this program for subsequent years.

      Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.

      Revenues (+/-): 0

      Expenditures (+/-): 0

      Other Explanation: None

Notation

      RELATES TO: KRS 229.011, 229.021, 229.031, 229.051, 229.071, 229.081, 229.091, 229.111, 229.131, 229.155, 229.171(1), 229.180(1), EO 2016-270

      STATUTORY AUTHORITY: KRS 229.171(1), 229.180(1)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 229.171(1) authorizes the commission to exercise sole jurisdiction over all boxing, kickboxing, mixed martial arts, and wrestling shows, exhibitions, and licensees in the commonwealth[Kentucky Boxing and Wrestling Authority to provide the sole direction, management, control, and jurisdiction over all professional boxing, sparring, and wrestling matches or exhibitions to be conducted, held or given within the Commonwealth. KRS 229.180(1) authorizes the authority to promulgate administrative regulations necessary to implement KRS Chapter 229]. This administrative regulation establishes the definitions used in 201 KAR Chapter 27[this chapter].