Section 430. Grounds for disciplinary action by the department

Part XI. Standards of Conduct and Performance

A. The department shall have the authority to discipline a licensee through a fine, license suspension, or license revocation for the same reason it may deny licensure or renewal, and for the following reasons, as may be appropriate:

1. Violating or inducing another person to violate any provisions of the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), Chapters 1, 2, 3 or 8.1 of Title 54.1 of the Code of Virginia or of this chapter.

2. Using misrepresentation or fraud to obtain or attempt to obtain a license or event license.

3. Having a medical condition which makes participation in events a health hazard.

4. Altering a license issued by the department.

5. Having been convicted in any jurisdiction of any felony or of any misdemeanor involving lying, cheating or stealing, or of any misdemeanor for acts carried out while engaged in boxing, wrestling, or other athletic activities. Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. A certified copy of a final order, decree or case decision by a court or regulatory agency with the lawful authority to issue such order, decree or case decision shall be admissible as prima facie evidence of such conviction or discipline.

6. Having been the subject of disciplinary action taken by Virginia or another jurisdiction in connection with the participation in or promotion of professional athletic contests or activities, including but not limited to, monetary penalties, fines, suspension, revocation, or surrender of a license in connection with a disciplinary action.

7. Failing or refusing to appear when directed by the department or its contractor for the purposes of weighing or conducting a medical examination.

8. Failing to furnish a valid reason or a doctor's certificate to explain any failure to appear at an event in which an applicant or licensee agreed to participate by signing a contract.

9. Using unsportsmanlike conduct or other inappropriate behavior inconsistent with generally accepted methods of competition.

10. Failure to meet financial obligations that results in collection proceedings against the bond required by this chapter and § 54.1-833 A of the Code of Virginia.

11. Use of profane or abusive language, during the event, including at the weigh-in and prefight meeting.

12. Threatening or inflicting bodily harm upon an official or members of the audience during an event.

13. Making allegations of illegal or improper conduct against officials that the licensee knows or should have known to be false.

14. Use of any alcohol, controlled substances, or stimulants in any part of the body prior to or during an event or being found to be under the influence of alcohol, controlled substances or stimulants during an event.

15. Failure to submit to a urinalysis or chemical test before or after an event upon request of the department or its designee.

16. Failure to fulfill contracts for participation in an event.

17. Wearing facial cosmetics or jewelry of any kind, including any type of body piercing by any participants during a contest, except that wrestlers may wear cosmetics or jewelry unless the event official determines there is a safety risk.

18. Failure by any participant to secure hair with soft, nonabrasive materials during a contest, when deemed appropriate by the department or its contractor.

19. Allowing a license, certificate or registration to be used by another.

B. The department shall conduct disciplinary procedures in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

Historical Notes

Derived from Volume 15, Issue 21, eff. August 5, 1999; amended, Virginia Register Volume 19, Issue 23, eff. August 27, 2003; Volume 23, Issue 24, eff. September 5, 2007.

Statutory Authority

§ 54.1-831 of the Code of Virginia and 15 USC § 6301 et seq.