201 KAR 27:040reg. Managers

      Section 1. Duties and Responsibilities. (1) A manager shall only do business with a promoter, ring official, or contestant who is licensed and in good standing.

      (2) A manager shall not act or attempt to act for a contestant unless authorized by the contestant.

      (3) A contract between a manager and a contestant shall be filed with the commission as evidence of the manager's authority to act for the contestant.

      (4) A manager shall keep accurate records of the receipts and expenses of the contestants under their management and control. These records shall be available to the contestants and to the commission[(1) A manager shall be licensed by the authority and shall be governed by KRS Chapter 229 and 201 KAR Chapter 27.

      (2) A manager shall report to and be under the general supervision of the inspector or employee of the authority in attendance at the show.

      (3) A manager shall be subject to any order given by the inspector or employee of the authority.

      (4) An applicant shall file a completed application and pay the license fee established in 201 KAR 27:008, Sections 2 and 3.

 

      Section 2. A manager shall do business only with promoters, officials, and contestants who are licensed by the authority and in good standing. A manager shall act as a manager only in shows that have been approved by the authority.

 

      Section 3. A manager shall not act or attempt to act for a contestant unless legally authorized to do so by the contestant.

 

      Section 4. Copies of any written contract between a manager and a contestant may be filed with the inspector or employee of the authority as evidence of the manager's authority to act on behalf of the contestant, and shall be filed if requested by the inspector or employee of the authority.

 

      Section 5. If the inspector has reason to believe that a manager has committed a violation of KRS Chapter 229 201 KAR Chapter 27, the inspector may take one (1) or more of the following actions:

      (1) Issuance of a cease and desist order to the manager;

      (2) Issuance of a notice of violation to the manager; or

      (3) Ejection of the manager from a show.

 

      Section 6. Upon the finding of a violation of KRS Chapter 229 or 201 KAR Chapter 27 by a manager, the authority may impose one (1) or more of the following penalties:

      (1) Suspension of the license of the manager pursuant to KRS 229.200;

      (2) Revocation of the license of the manager pursuant to KRS 229.200;

      (3) Reprimand of the manager pursuant to KRS 229.200; or

      (4) Assessment of a fine pursuant to KRS 229.991(5)].

 

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, 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 amendment deletes redundancies while setting forth job requirements of managers.

      (b) The necessity of this administrative regulation: This regulation is necessary to clarify and consolidate requirements for managers.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the KBWC 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 administration of the statutes: This amendment deletes redundancies while setting forth job requirements of managers.

      (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 deletes redundancies. The regulations adds a provision to require managers to keep records that must be made available to the commission and the manager’s contestants.

      (b) The necessity of the amendment to this administrative regulation: Deletion of redundancies makes the regulation more understandable, and the record requirement adds an additional level of financial protection for contestants.

      (c) How the amendment conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the KBWC 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 the amendment will assist in the effective administration of the statues: This amendment deletes redundancies while setting forth job requirements of managers.

      (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, managers, and contestants represented by managers. The KBWC usually licenses less than ten managers annually.

      (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 amendment adds one additional duty to managers by requiring that they keep accurate records of the receipts and expenditures of the contestants they manage. Managers should currently be completing this task. The remaining duties existed in the previous regulation.

      (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 should be associated with compliance of this amendment.

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): Managers will be better able to comply with this regulation because this amendment deletes redundancies and clearly sets forth managers’ duties. Contestants will benefit because managers are required to keep accurate books and records of their receipts and expenses.

      (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 due to the fact all managers must comply with the same standards.

 

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 229.081 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 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 amendment will generate no revenue.

      (c) How much will it cost to administer this program for the first year? The KWBC anticipates no 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 anticipate no 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, 229.081[(3)], 229.091, 229.171[(1), 229.190, 229.200, 229.991]

      STATUTORY AUTHORITY: KRS 229.081[(3)], 229.091, 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[KRS 229.180(1) grants the authority the power to promulgate, amend, or abrogate administrative regulations necessary to perform its regulatory functions. KRS 229.081(3) provides for the licensing of managers at professional matches and bouts. KRS 229.091(1) provides that every licensee shall be subject to the administrative regulations the authority promulgates]. This administrative regulation sets forth standards governing the conduct of managers.