201 KAR 27:008reg. License requirements and fees

      Section 1. General Provisions. (1) A person shall not participate in a boxing, kickboxing, professional mixed martial arts, amateur mixed martial arts, wrestling, or an elimination event show or exhibition unless the person is licensed by the commission.

      (2) Each license shall be separate. A person shall not use a license in one (1) capacity or sport to serve in a different capacity or sport except that a person licensed as a manager may act as a second.

      (3) The burden of proof shall be on the applicant to establish that the applicant is qualified to receive the license.

      (4)(a) A promoter license shall be valid for one (1) year from the date of issuance.

      (b) All other licenses shall be valid from January 1 through December 31.

      (5) Information provided on or with a license application shall be complete and correct. Any false statement of a material matter shall be grounds for:

      (a) Denial of a license; or

      (b) If the license has been issued, suspension, probation, or revocation of the license.

      (6) Each licensee shall be subject to the conditions and agreements established in the application.

      (7) The commission may require an applicant to appear before the commission to answer questions or provide documents in conjunction with an application for a license if:

      (a) The person has not been licensed by the commission within the previous five (5) years;

      (b) The person has a history of violations in any jurisdiction;

      (c) The applicant has not fully completed the required application; or

      (d) The applicant’s written submissions have not met the applicant’s burden of proof to prove his or her qualifications for a license.

      (8) A licensee shall be governed by KRS Chapter 229 and 201 KAR Chapter 27 and shall be subject to any event-related orders given by the commission and an inspector.

 

      Section 2. Licenses, Applications, and Fees. (1) The applicant shall complete the appropriate application as established in the table in subsection (2) of this section. The application shall be signed by the applicant under penalty of perjury.

      (2) The following applications and non-refundable annual fees shall be required before any person may be licensed:

      (a) Boxing and kickboxing licenses:

Boxing and Kickboxing License Type	License Application Required	License Fee
Boxer	Contestant Application	$30
Kickboxer	Contestant Application	$30
Manager	Non-Contestant Application	$25
Trainer	Non-Contestant Application	$25
Second	Non-Contestant Application	$25
Referee	Non-Contestant Application	$25
Judge	Non-Contestant Application	$25
Timekeeper	Non-Contestant Application	$25

      (b) Mixed martial arts licenses:

Mixed Martial Arts License Type	License Application Required	License Fee
Professional mixed martial artist	Contestant Application	$30
Amateur mixed martial artist	Contestant Application	$30
Manager	Non-Contestant Application	$25
Trainer	Non-Contestant Application	$25
Second	Non-Contestant Application	$25
Referee	Non-Contestant Application	$25
Judge	Non-Contestant Application	$25
Timekeeper	Non-Contestant Application	$25

      (c) Wrestling licenses:

Wrestling License Type	License Application Required	License Fee
Wrestler	Contestant Application	$30
Referee	Non-Contestant Application	$25
Wrestling event staff	Non-Contestant Application	$25

      (d) Elimination event license:

Elimination Event License Type	License Application Required	License Fee
Elimination Event Contestant	Contestant Application	$10

      (e) Promoter license:

Promoter License Type	License Application Required	License Fee
Promoter	Promoter Application	$300

      (f) Medical Provider licenses:

Medical Provider License Type	License Application Required	License Fee
Physician	Medical Provider Application	$30
Healthcare Professional	Medical Provider Application	$25

 

      Section 3. Health Physical Requirements. (1) The following applicants for licensure shall submit the form Physical Report to demonstrate the results of a physical that was completed by a physician not more than ninety (90) days before the licensing application is submitted:

      (a) Boxer;

      (b) Kickboxer;

      (c) Professional mixed martial artist;

      (d) Amateur mixed martial artist;

      (e) Boxing and kickboxing referee; and

      (f) Mixed martial arts referee.

      (2) An applicant for licensure as a wrestler or wrestling referee shall submit the form Physical Report to demonstrate the results of a physical that was completed by a physician not more than (90) days before the licensing application is submitted if the applicant:

      (a) Has not held a wrestler license in the past two (2) years;

      (b) Is forty-five (45) years of age or older; or

      (c) Has had an in-patient surgical procedure or overnight hospital stay in the past one (1) year.

 

      Section 4. Determination of Ability to Obtain a License as a Contestant. (1) An applicant for a license as a boxer, kickboxer, or professional mixed martial artist shall demonstrate that:

      (a) The applicant has the ability to be competitive in the sport; and

      (b) The applicant has the ability to compete without the risk of serious physical injury.

      (2) An applicant for a license as a wrestler or an amateur mixed martial artist shall demonstrate that the applicant has the ability to compete without the risk of serious physical injury.

      (3)(a) Individual consideration from the medical advisory panel shall be required if an applicant for licensure as boxer, kickboxer, professional mixed martial artist, or amateur mixed martial artist:

      1. Is thirty-five (35) or more years old;

      2. Has accrued six (6) consecutive losses;

      3. Has lost more than twenty-five (25) fights in his or her career;

      4. Has fought in 350 or more career rounds;

      5. Has lost more than five (5) bouts by knockout in his or her career; or

      6. Has been inactive for more than thirty (30) months.

      (b) The medical advisory panel may order further medical testing if the medical evidence before it is inconclusive or incomplete.

      (c) The medical advisory panel shall report its recommendation to the commission within forty-five (45) days of being referred an application.

 

      Section 5. Medical Provider License. (1) An applicant for a physician license shall be a physician licensed pursuant to KRS Chapter 311.

      (2) A person licensed or seeking licensure as a physician or healthcare professional shall maintain an active license in his or her field of practice and certification to administer cardiopulmonary resuscitation.

 

      Section 6. Change from Amateur Status to Professional Status. (1) The commission shall consider the applicant’s previous fighting experience in deciding whether or not to permit a person licensed as an amateur to become a professional. This consideration shall include the:

      (a) Number of bouts the applicant has competed in;

      (b) Number of rounds the applicant has competed in;

      (c) Date of the applicant’s bouts;

      (d) Applicant’s performance in previous bouts, including the applicant’s win-loss record; and

      (e) Level of competition the applicant has competed against.

      (2) A person shall not be licensed as a professional unless the person has fought in a minimum of three (3) bouts.

 

      Section 7. Boxer’s Federal Identification Card. (1) To obtain a boxer’s federal identification card, an applicant shall complete and submit to the commission a Boxer’s Federal Identification Card Application.

      (2) The fee for a boxer’s federal identification card shall be ten (10) dollars, which shall be submitted with the Boxer’s Federal Identification Card Application.

      (3) The boxer’s federal identification card shall be valid for four (4) years from the date issued.

 

      Section 8. Change of address. A licensee shall provide his or her new address to the commission within thirty (30) days of a change in address. A licensee who fails to comply with the provisions of this section is subject to disciplinary action.

 

      Section 9. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Contestant Application", 2016;

      (b) "Non-Contestant Application", 2016;

      (c) "Promoter Application", 2016;

      (d) "Medical Provider Application", 2016;

      (e) "Physical Report", 2016;

      (f) "Promoter Bond Form", 2016; and

      (g) "Boxer’s Federal Identification Card Application", 2016.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Boxing and Wrestling Commission office at 911 Leawood Dr., Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m., and is available online at http://kbwa.ky.gov/Pages/Appsforms.aspx[The authority shall license any person who participates as an official in a professional match. A license shall expire on December 31 of the year in which it is issued.

 

      Section 2. (1) An applicant for a license as an official in a boxing, kickboxing, or elimination event show shall complete and submit to the authority the form "Application for License as a Boxing Official", (2/06).

      (2) An applicant for a license as an official in a mixed martial arts show shall complete and submit to the authority the form "Application for License as a Mixed Martial Arts Official", (2/06).

 

      Section 3. A license fee of twenty (20) dollars shall be required from any person applying for a license to act as an official in boxing, kickboxing, mixed martial arts, and elimination event shows in any of the following capacities:

      (1) Judge;

      (2) Manager;

      (3) Physician;

      (4) Referee;

      (5) Timekeeper;

      (6) Trainer; and

      (7) Second.

 

      Section 4. Incorporation by Reference. (1) The following material is incorporated by reference:

      (a) "Application for License as a Boxing Official", (5/06); and

      (b) "Application for License as a Mixed Martial Arts Official", (5/06).

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Boxing and Wrestling Authority office at 100 Airport Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m].

 

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 establishes license requirements and fees of those seeking licensure and renewal of licensure with the Kentucky Boxing and Wrestling Commission ("KBWC").

      (b) The necessity of this administrative regulation: This regulation is necessary to establish licensure requirements and fees.

      (c) How this administrative regulation 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 rules and regulations considered by it necessary or expedient for the performance of its functions provided in KRS Chapter 229. KRS 229.021 requires all participants to be licensed. KRS 229.071 sets the license requirements for shows and exhibitions. KRS 229.081 sets the eligibility requirements for licensees. KRS 229.091 subjects all licensees to the administrative regulations promulgated by the Commission.

      (d) How this administrative regulation currently assists or will assist in the effective administrative of the statutes: This regulation establishes fees that provide the funds to pay for the regulatory oversight provided by the KBWC in administering KRS Chapter 229 and 201 KAR Chapter 27. It also sets requirements that provide for the safety of participants.

      (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 lists more clearly and adds standards to consider when determining whether to grant or deny a license for each and every licensee. This amendment also raises certain fees for licensure. Information concerning all licenses can now be found in this regulation. New forms were incorporated to simplify the process for both the applicant and the Commission. An example of this change is that additional boxing and wrestling contestants will be required to submit an annual physical for licensure, thus improving safety.

      (b) The necessity of the amendment to this administrative regulation: This amendment is necessary in order to keep the KBWC self-sustaining and to continue to ensure proper regulatory oversight is given to the industry, especially the health and safety of contestants. It is also necessary to provide a better understanding of licensure requirements. Prior to this amendment a lot was left to the discretion of the inspectors.

      (c) How the amendment conforms to the content of the authorizing statutes: This amendment 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 rules and regulations considered by it necessary or expedient for the performance of its functions provided in KRS 229. KRS 229.021 requires all participants to be licensed. KRS 229.071 sets the license requirements for shows and exhibitions. KRS 229.081 sets the eligibility requirements for licensees. KRS 229.091 subjects all licensees to the administrative regulations promulgated by the Commission.

      (d) How the amendment will assist in the effective administrative of the statues: This amendment slightly raises fees (mostly by five to ten dollars) that provide for payment of employees administering KRS Chapter 229 and 201 KAR Chapter 27. It also strengthens requirements that provide for safety of participants intended in KRS Chapter 229.

      (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, boxing, kickboxing, professional mixed martial arts, amateur mixed martial arts, wrestling, and elimination event contestants, non-contestants, managers of contestants, and promoters. The Commission grants around 1,250 licenses in 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: All individuals and entities who compete or provide services in the unarmed combat field must be licensed. The persons involved in this field must comply, as they have for decades, with the licensure and fee requirements.

      (b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3): The following is a list of the additional cost to each entity in compliance with this regulation.

Boxer/kickboxer: $30 (an increase of $10)

Wrestler: $30 (an increase of $10)

Amateur Mixed Martial Artist: $30 (an increase of $5)

Professional Mixed Martial Artist: $30 (an increase of $10)

Elimination Event Contestant: $10 (an increase of $5)

Manager: $25 (an increase of $5)

Trainer: $25 (an increase of $5)

Second: $25 (an increase of $5)

Referee: $25 (an increase of $5)

Judge: $25 (an increase of $5)

Timekeeper: $25 (an increase of $5)

Physician: $30 (an increase of $10)

Healthcare Professional: $25 (new classification)

Wrestling Event Staff: $25 (an increase of $5)

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): The commission will be able to remain self-sustaining. The board will be able to meet more and do more to better unarmed combat in the Commonwealth benefiting all entities.

      (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: No increase in fees or funding are required for the implementation of this amendment.

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

      (9) TIERING: Is tiering applied? Tiering is not applied because all licensing requirements are for the health and safety of the licensees and fees are consistent between the license types.

 

FEDERAL MANDATE ANALYSIS COMPARISON

 

      1. Federal statute or regulation constituting the federal mandate. 15 U.S.C. 6304; 6305(a), (b)

      2. State compliance standards. Those wishing to participate in boxing must submit an application to obtain a boxing identification card that is valid for four years. The boxer must also submit an application for licensure and a physical from a physician who certifies that the boxer is physically fit to compete. Moreover, no boxing match may occur unless a physician is continuously ringside and an ambulance and resuscitation equipment is on-site. Boxers must also be provided with health insurance.

      3. Minimum or uniform standards contained in the federal mandate. 15 U.S.C. 6304 requires that every boxer undergo a physical examination and be certified by a physician to be physically fit to compete safely in a match. The law also requires an ambulance or resuscitation equipment to be onsite at all boxing matches and for a physician to be present at ringside. Finally, health insurance is required for each boxer.

15 U.S.C. 6305 requires a boxer to register with the boxing commission in the boxer’s state of residence. That state must issue a federal boxing identification card to the boxer.

      4. Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate? No.

      5. Justification or the imposition of the stricter standard, or additional or different responsibilities or requirements. Not applicable.

 

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 KRS 229.021, 229.071, 229.081, 229.091, 229.171, 229.180, 15 U.S.C. 6305

      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 generate around $10,000 in additional revenue in the first full year of implementation.

      (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 around $10,000 in additional revenue in the first year of implementation.

      (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 around $10,000 in additional revenue in subsequent years.

      (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. The KBWC plans to utilize the additional funds to remain self-sustaining. Moreover, the funds will be used for programs to improve the health and safety of fighters. For example, the KBWC is in the planning stages of a fighter health summit and is studying whether to require tests to establish neurological baselines that may be used if a fighter is suspected of having suffered a head injury.

      (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 the first year. The KBWC plans to utilize the additional funds to remain self-sustaining. Moreover, the funds will be used for programs to improve the health and safety of fighters. For example, the KBWC is in the planning stages of a fighter health summit and is studying whether to require tests to establish neurological baselines that may be used if a fighter is suspected of having suffered a head injury.

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

      Revenues (+/-): + $10,000

      Expenditures (+/-): 0

      Other Explanation: None.

Notation

      RELATES TO: KRS 229.021, 229.051, 229.071[229.971(3)], 229.081, 229.091, 229.171, Chapter 311, 15 U.S.C 6305[(1)]

      STATUTORY AUTHORITY: KRS 229.021, 229.071, 229.081, 229.091, 229.171, 229.180, 15 U.S.C. 6305[(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. KRS 229.021, 229.071, and 229.081 require that a person shall not engage in certain activities regulated by the commission without a license. KRS 229.071(4), 229.081, and 229.091 authorize the commission the power to establish license fees [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. KRS 229.081 requires certain participants in professional shows to be licensed in accordance with eligibility requirements established by administrative regulation. KRS 229.071(2) authorizes the authority to grant annual licenses to applicants for participation in professional shows if the authority judges that the financial responsibility, experience, character, and general fitness of the applicant are such that participation by the applicant is in the public interest. KRS 229.071(3) grants the authority the power to establish annual license fees for licensed individuals]. KRS 229.091(1) requires[states] that every licensee is subject to administrative regulations promulgated by the commission[authority]. 15 U.S.C. 6305 requires the commission to issue an identification card to each professional boxer who is a resident of the commonwealth. This administrative regulation establishes license requirements and fees for persons who conduct activities regulated by the commission[certain participants in professional shows in the Commonwealth].