201 KAR 27:007reg. Powers and duties of inspector  


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  •       Section 1. The executive director or the executive director’s designee shall assign an inspector[himself, an inspector, or an employee of the authority] to monitor each boxing, elimination event, mixed martial arts, and kickboxing[kick boxing] show[taking place within the Commonwealth. He may assign himself, an inspector, or an employee of the authority to monitor wrestling shows on a periodic basis].

          (2) The executive director or the executive director’s designee may assign an inspector to monitor a wrestling show based on:

          (a) The availability of an inspector;

          (b) The need to conduct periodic inspections; and

          (c) Knowledge or information that a violation or potential violation may occur.

     

          Section 2. Inspector’s Duties. (1) Except as otherwise established in 201 KAR Chapter 27, the inspector shall exercise immediate and full supervision, control, and regulation of any show on behalf of the commission and shall be responsible directly to the commission.

          (2) The inspector’s powers shall include authority:

          (a) Over each contestant, licensed or unlicensed, on the premises before, during, and after a show relating to the show;

          (b) To conduct hearings and issue decisions or rulings on questions, disputes, protests, complaints, or objections relating to the show;

          (c) To enforce the provisions of KRS Chapter 229 and 201 KAR Chapter 27;

          (d) To issue discipline as established in KRS Chapter 229 and 201 KAR Chapter 27;

          (e) To eject or exclude from the premises or any part thereof, any person whom the inspector reasonably believes is intoxicated or under the influence of a legal or illegal drug and who may create a hazard to others or interfere with the show;

          (f) To investigate possible violations of KRS Chapter 229 or 201 KAR Chapter 27;

          (g) To examine the books and records of any person who conducts a show or exhibition;

          (h) To issue a license required by 201 KAR 27:008; and

          (i) To approve the form and sufficiency of any bond filed in accordance with KRS 229.051[The person assigned by the executive director to monitor the show shall exercise immediate and full supervision, control, and administrative regulation of the show on behalf of the authority and shall be responsible directly to the authority. The powers of the person assigned to monitor the show shall include authority:

          (1) Over each contestant and show, licensed or unlicensed, on the premises before, during, and after a show as to all matters relating to the show;

          (2) To determine any question, dispute, protest, complaint. or objection concerning the show and to enforce the provisions of KRS Chapter 229 and 201 KAR Chapter 27;

          (3) To suspend the license of a contestant or other licensee, or eject or exclude from the premises or any part thereof, licensed or unlicensed persons upon reasonable belief that the contestant or person is intoxicated or under the influence of a legal or illegal drug that might create a hazard to others or hamper the contestant's or person's ability to participate in the show, or that a violation of KRS Chapter 229 or the administrative regulations promulgated in 201 KAR Chapter 27 has occurred;

          (4) To interpret and enforce KRS Chapter 229 and the administrative regulations promulgated in 201 KAR Chapter 27, and determine all questions relating to the show under the jurisdiction of the authority;

          (5) To issue decisions or rulings on issues or questions relating to the show subject to the powers granted to the authority, including the power to issue a violation or stop an entire show, or any part of a show;

          (6) To request and receive assistance from the executive director, an inspector, an employee of the authority, an official, a licensee, or any local or state law enforcement personnel in the investigation of possible statutory or regulatory infractions; and

          (7) To conduct hearings on all questions, disputes, protests, complaints, or objections arising from the show].

     

          Section 3. Appeal. Any decision made pursuant to this administrative regulation may be appealed to the full authority in the manner prescribed in KRS 229.190[229.190].

     

    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 (502) 564-7760, fax (502) 564-3969, email Barry.Dunn@ky.gov.

     

    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 establishes the powers and duties of inspectors of the Kentucky Boxing and Wrestling Commission ("KBWC").

          (b) The necessity of this administrative regulation: This regulation is necessary to more fully define the duties and authority of the KBWC’s inspectors.

          (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the KBWC the authority to control and manage shows and exhibitions. KRS 229.180 also 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 as provided in KRS Chapter 229.

          (d) How this administrative regulation currently assists or will assist in the effective administrative of the statutes: This regulation makes clear the responsibility, authority and qualifications of an inspector at a show or exhibition, which are necessary to enforce KRS Chapter 229 and 201 KAR Chapter 27.

          (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 clarifies and more fully states the responsibility and authority delegated by the KBWC to its inspectors.

          (b) The necessity of the amendment to this administrative regulation: The regulation is necessary to ensure the prompt and proper administration of KRS Chapter 229 and 201 KAR Chapter 27 during shows and exhibitions and to define the duties and authority of KBWC inspectors.

          (c) How the amendment conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the Commission authority to control and manage shows and exhibitions. KRS 229.180 also authorizes the Commission 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 KRS Chapter 229.

          (d) How the amendment will assist in the effective administrative of the statues: Inspectors are responsible for enforcing statutory and regulatory requirements at all events, and this amendment will clarify their duties and qualifications.

          (3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation: This regulation impacts the KBWC, participants in unarmed combat, and other licensees such as promoters, physicians, judges, officials, and anyone else licensed or seeking licensure by the KWBC. The Commission currently employs two part-time inspectors. Around 1,250 licenses are granted in a given 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: The entities identified will not have to take any additional steps to comply with this amendment because KWBC inspectors currently exercise the duties set forth in this amendment, which is intended to clarity their duties and authority.

          (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): Inspectors are paid hourly. No additional cost will be associated with compliance of this amendment.

          (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): KWBC intends that this amendment will provide clarity to licensees relating to the qualifications, duties and authorities of the KWBC’s inspectors.

          (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: There is no additional net cost associated with 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: This amendment will not result in any increase in fees or funding necessary to implement it.

          (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? Tiering is not applied because inspectors are required enforce regulations in a consistent fair manner.

     

    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. The KWBC anticipates no net change in the cost to administer this amendment in the first full year it 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 not generate revenue.

          (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 not generate revenue.

          (c) How much will it cost to administer this program for the first year? The KWBC does not anticipate any net change in the cost to administer this program in the first year.

          (d) How much will it cost to administer this program for subsequent years? The KWBC does not anticipate any net change in the cost to administer this program in 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, 229.041, 229.051, 229.061, 229.155[229.161], 229.171, 229.190, 229.200, 229.991

      STATUTORY AUTHORITY: KRS 229.171, 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[gives the authority the sole direction, management, control and jurisdiction over all professional boxing, sparring, and wrestling shows to be held or conducted in the Commonwealth. KRS 229.180(1) authorizes the authority to promulgate administrative regulations necessary to implement KRS Chapter 229. In order to appropriately manage and control these activities, at the site of the show, it is necessary for the authority to delegate the powers granted pursuant to KRS Chapter 229 to the executive director, an inspector, or an employee of the authority]. This administrative regulation establishes the duties of an inspector[provides for the delegation of these powers].