201 KAR 27:036reg. Repeal of 201 KAR 27:035, 201 KAR 27:045, 201 KAR 27:050, 201 KAR 27:055, 201 KAR 27:060, 201 KAR 27:065, 201 KAR 27:070, 201 KAR 27:090, and 201 KAR 27:100

      Section 1. The following regulations are hereby repealed:

      (1) 201 KAR 27:035, Seconds;

      (2) 201 KAR 27:045, Judges;

      (3) 201 KAR 27:050, Announcers;

      (4) 201 KAR 27:055, Physicians;

      (5) 201 KAR 27:060, Referees;

      (6) 201 KAR 27:065, Promoters;

      (7) 201 KAR 27:070, Timekeeper;

      (8) 201 KAR 27:090, Trainers; and

      (9) 201 KAR 27:100, General requirements for amateur mixed martial arts shows.

 

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 repeals 201 KAR 27:035, Seconds; 27:045, Judges; 27:050, Announcers; 27:055, Physicians; 27:060, Referees; 27:065, Promoters; 27:070, Timekeeper; 27:090, Trainers; and 27:100, General requirements for amateur mixed martial arts shows.

      (b) The necessity of this administrative regulation: This regulation is necessary to avoid current duplication and to state plainly the requirements of persons acting as seconds, judges, announcers, physicians, referees, promoters, timekeepers or trainers.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: KRS 229.171 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 229.

      (d) How this administrative regulation currently assists or will assist in the effective administration of the statutes: This regulation will repeal the referenced regulations, and contemporaneously filed amendments will more plainly state the requirements of persons acting as seconds, judges, announcers, physicians, referees, promoters, timekeepers or trainers. Specific duties of each will be listed in the requirements for specific types of show. Moreover, the requirements for professional mixed martial arts shows and amateur mixed martial arts shows are being combined into one regulation due to the significant overlap between them.

      (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: N/A

      (b) The necessity of the amendment to this administrative regulation: N/A

      (c) How the amendment conforms to the content of the authorizing statutes: N/A

      (d) How the amendment will assist in the effective administrative of the statues: N/A

      (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, amateur mixed martial artists, and other licensees such as promoters, physicians, judges, officials, seconds, timekeepers, trainers, and anyone else who participated in amateur mixed martial arts. The Commission licenses around 1,250 people a year. Approximately 135 are amateur mixed martial artists, fifty are referees, three are physicians, thirty-five are promoters, fifteen are judges, 100 are seconds, and twenty are trainers.

      (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 individuals identified will not have to take any additional steps to comply with the repeal of these regulations.

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

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): KWBC intends that the repeal and reinsertion of these regulations will provide clarity to licensees relating to the duties of persons acting as seconds, judges, announcers, physicians, referees, promoters, timekeepers, trainers, and amateur mixed martial artists.

      (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: 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 regulation.

      (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 regulation 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 or increase any fees.

      (9) TIERING: Is tiering applied? Tiering is not applied due to the fact this is a repeal.

 

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 KRS 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 repeal will have no fiscal impact.

      (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 repeal will generate no 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 repeal will generate no 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 229.021, 229.071, 229.081, 229.091, 229.171, 229.180

      STATUTORY AUTHORITY: KRS 229.171, 229.180

      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. This administrative regulation repeals 201 KAR 27:035, 201 KAR 27:045, 201 KAR 27:050, 201 KAR 27:055, 201 KAR 27:060, 201 KAR 27:065, 201 KAR 27:070, 201 KAR 27:090, and 201 KAR 27:100, all of which are unneeded because the content has been moved to show-specific administrative regulations.