18VAC120-40 Virginia Professional Boxing and Wrestling Events Regulations

REGULATIONS

Vol. 31 Iss. 26 - August 24, 2015

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Chapter 40

Final Regulation

REGISTRAR'S NOTICE: The Department of Professional and Occupational Regulation is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Department of Professional and Occupational Regulation will receive, consider, and respond to petitions from any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC120-40. Virginia Professional Boxing and Wrestling Events Regulations (amending 18VAC120-40-10).

Statutory Authority: § 54.1-831 of the Code of Virginia.

Effective Date: October 1, 2015.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone [phone], FAX [phone], or email [e-mail].

Summary:

The amendment conforms to Chapters 216 and 264 of the 2015 Acts of Assembly, which authorize the Director of the Department of Professional and Occupational Regulation to approve sanctioning organizations to oversee the conduct of amateur boxing and martial arts events. Specifically, the amendment removes language exempting certain amateur boxing and wrestling contests from Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and from the provisions of this regulation.

Part I
Scope

18VAC120-40-10. Scope.

This chapter contains procedures and requirements for the licensure of individuals and firms to engage in the conduct of professional boxing and wrestling events as provided for in Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia.

Amateur boxing and wrestling contests, where the participants receive no money, compensation, including a promise of participation in a future nonamateur event, or reward other than a suitably inscribed memento are exempt from the provisions of Chapter 8.1 of Title 54.1 of the Code of Virginia and from the provisions of this chapter. Amateurs may participate in licensed events only if the portion of the event containing amateur matches is sanctioned by a nationally recognized sanctioning organization. The department will not exercise any control over amateur contests that take place during a licensed event.

The director of the department is empowered to (i) promulgate this chapter, (ii) issue licenses, (iii) investigate to determine compliance with this chapter, and (iv) take disciplinary action, in accordance with the Virginia Administrative Process Act, against those who fail to comply with this chapter. Furthermore, to the extent applicable, this chapter shall be construed in accordance with and governed by Virginia's Administrative Process Act. The director is also empowered to contract with a vendor to perform certain tasks on the director's behalf. These tasks include examining and recommending licensure, investigating and ensuring that events are conducted in compliance with statutes and regulations, performing clerical duties, collecting fees, maintaining records, developing proposed regulations, and recommending enforcement actions.

VA.R. Doc. No. R15-4460; Filed July 31, 2015, 11:11 a.m.