201 KAR 27:105reg. Disciplinary action

      Section 1. Violations. (1) A person shall be guilty of a violation for any of the following actions:

      (a) Violating any provision of KRS Chapter 229;

      (b) Violating any provision of 201 KAR Chapter 27;

      (c) Being found guilty of, pleading guilty to, pleading no contest to, or entering an Alford plea to a crime, other than a traffic violation, in any jurisdiction;

      (d) Being found liable in a civil action for any claim that involves fraud or dishonesty in any jurisdiction;

      (e) Violating a law related to boxing, kickboxing, mixed martial arts, elimination events, or wrestling in any jurisdiction;

      (f) Placing a bet or wager on any bout or match in which the person participates or works;

      (g) Serving as, or consorting or associating with any person who is, a bookmaker or illegal gambler;

      (h) Participating in an unlicensed event; or

      (i) Declaring bankruptcy if the person is a licensed promoter, manager, referee, or judge.

      (2) A non-natural person shall be guilty of a violation if it authorizes or ratifies any of the actions in subsection (1) of this section by its agent, employee, shareholder, member, officer, or director.

 

      Section 2. Disciplinary Action. (1) If the commission has reason to believe that a person has committed a violation, the commission may:

      (a) Issue a cease and desist order;

      (b) Issue a notice of violation;

      (c) Declare a contestant ineligible to compete or disqualify the contestant;

      (d) Eject the person from the premises at which the show or exhibition is taking place;

      (e) Issue a fine;

      (f) Suspend, reprimand, revoke, probate, or refuse to renew or issue a license; and

      (g) Refer the person for criminal prosecution.

      (2) In taking disciplinary action pursuant to subsection (1) of this section, the commission shall consider:

      (a) The severity of the violation;

      (b) The licensee’s disciplinary history; and

      (c) The violation’s potential impact on health, safety, and the outcome of a contest:

      (3) The commission delegates to its inspectors the authority to take disciplinary action, subject to the appeal rights in Section 4 of this administrative regulation.

      (4) A person whose license is suspended or revoked shall be prohibited from attending an event sanctioned by the commission during the term of the suspension or revocation.

 

      Section 3. Reciprocity of Discipline. (1) A licensee who is subjected to discipline in any jurisdiction shall report to the commission within ten (10) days the date, type, and reason for the discipline given and the name of the regulatory body that ordered the discipline.

      (2) The commission shall enforce the disciplinary action taken by any other regulatory body unless the licensee shows good cause why the commission should not reciprocally enforce the discipline.

 

      Section 4. Appeals. (1) Any person subjected to disciplinary action may appeal the discipline to the full commission.

      (2) An appeal shall be filed within twenty (20) days of the date the discipline was issued.

      (3) The provisions of KRS Chapter 13B shall govern all administrative appeals.

 

      Section 5. Effect of Expiration of License on Jurisdiction of the Commission. The expiration of a license shall not deprive the commission of jurisdiction to:

      (1) Proceed with an investigation of the former licensee; or

      (2) Issue disciplinary action against the former licensee.

 

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 sets forth the rules and standards applicable to disciplinary actions and punishments for violations.

      (b) The necessity of this administrative regulation: This regulation is necessary to set forth for disciplinary actions and punishments.

      (c) How this administrative regulation conforms to the content of the authorizing statutes: This regulation conforms with KRS 229.171, which grants the Kentucky Boxing and Wrestling Commission ("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. This regulation also conforms to KRS 229.071, 229.091, 229.190, 229.200, and 229.991 by clearly setting forth the disciplinary action imposed by the KWBC for specific penalties.

      (d) How this administrative regulation currently assists or will assist in the effective administrative of the statutes: This regulation identifies actions that are considered violations and the penalties associated with violations.

      (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, 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 regulation.

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

      (c) As a result of compliance, what benefits will accrue to the entities identified in question (3): This regulation will allow the commission to act consistently when issuing violations and will hopefully lessen the number of violations by establishing clear rules.

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

      (a) Initially: Not net change anticipated.

      (b) On a continuing basis: Not net change anticipated.

      (6) What is the source of the funding to be used for implementation and enforcement of this administrative regulation: Funding for the implementation and enforcement of this regulation will be provided by restricted funds obtained through the licensing and fees set forth in 201 KAR 27:008, fines assessed in 201 KAR 27:021 and this regulation, and the tax on shows required by KRS 229.031.

      (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 will be necessary to implement this administrative regulation.

      (8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees: This regulation allows the KBWC to issue fines as penalties to unarmaed combatants that violate statutory and regulatory provisions.

      (9) TIERING: Is tiering applied? Tiering is not applied because the disciplinary action and policies in this regulation apply to all licensees the same.

 

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. KRS 229.071, 229.081, 229.091, 229.111, 229.155, 229.171, 229.180, 229.190, 229.200, and 229.991 provide the statutory authority for this administrative regulation.

      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 does not anticipate any net change in expenditures or revenue in the first year.

      (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? The KWBC does not anticipate any net change in revenue in 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? The KWBC does not anticipate any net change in 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.

      (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, 229.031, 229.071, 229.091, 229.155, 229.171, 229.180, 229.190, 229.200, 229.991, EO 2016-270

      STATUTORY AUTHORITY: KRS 229.071, 229.091, 229.155, 229.171, 229.180, 229.190, 229.200, 229.991

      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 provides the policies and procedures that govern disciplinary actions that result from a violation of KRS Chapter 229 or 201 KAR Chapter 27.