RULES AND REGULATIONS
Title 58--RECREATION
STATE ATHLETIC COMMISSION
[58 PA. CODE CH. 21]
HIV Testing
[28 Pa.B. 1238] The State Athletic Commission (SAC), on August 25, 1997, adopts final rulemaking to amend § 21.8 (relating to boxers) to require applicants for a professional boxer's or professional kickboxer's license, as part of their annual application for licensure, to submit a report from a licensed medical laboratory or a facility operated by the Department of Health (DOH) indicating that the applicant has tested negative for the Human Immunodeficiency Virus (HIV). The test may not have been initiated more than 60 days prior to the date of application. SAC, by this order, adopts the amendment to § 21.8 to read as set forth in Annex A.
Statutory Authority
SAC's authority to promulgate this amendment is 5 Pa.C.S. §§ 101--2110 (relating to Athletics and Sports Code) (code). In particular, the following sections of the code are applicable to this final rulemaking: section 910(a) (relating to standards for issuance of licenses and permits); section 103(b) (relating to duties of Commission); section 105(8) (relating to powers and duties of Executive Director); section 501 (relating to Medical Advisory Board); section 701 (relating to boxing regulated); section 901 (relating to power of the Commission to issue, withhold, suspend or revoke licenses and permits); and section 912 (relating to applications for licenses and permits).
Background
This amendment is intended to decrease the risk of professional boxers, professional kickboxers, ring personnel and the public of being infected with HIV during professional boxing contests or exhibitions. Professional boxers and professional kickboxers wear minimal clothing and are in constant physical contact with each other. Open wounds and bleeding occur frequently, and body fluids are often sprayed around the ring. The information received by SAC indicates that the risk of contracting HIV under these circumstances is minimal. By this amendment, however, SAC seeks to further decrease the risk and probability of transmitting HIV at professional boxing events. Contracting HIV is invariably fatal and there is no known cure.
Summary of Comments and Responses on Proposed Rulemaking
Notice of proposed rulemaking was published at 27 Pa. B. 2555 (May 24, 1997). SAC did not receive any public comments during the public comment period which ended on June 23, 1997. SAC received comments from the Independent Regulatory Review Commission (IRRC) on July 23, 1997, which set forth concerns regarding clarity of language in the proposed amendment and which incorporated two sets of comments from: (1) Dr. Steven J. Gluckman, M.D., Director of Infectious Diseases, University of Pennsylvania Medical Center; and (2) Scott Burris, Associate Professor of Law on behalf of the American Civil Liberties Union of Pennsylvania. Responses to these comments are set forth as follows.
1. Comments of Dr. Steven J. Gluckman, M.D., Director of Infectious Diseases, University of Pennsylvania Medical Center. Initially, Dr. Gluckman identified some minor drafting errors in the proposed amendment, noting that the preamble to the proposed amendment refers to bodily fluids and the Auto-Immunodeficiency Syndrome (AIDS). Dr. Gluckman provided the correct phrasing and terminology, ''body'' fluids and the ''Acquired Immunodeficiency Syndrome (AIDS).'' Dr. Gluckman also noted that this amendment cannot actually protect professional boxers and professional kickboxers from being infected with HIV, as set forth in the preamble, but would merely decrease the risk of infection to participants. SAC acknowledges that the amendment will not absolutely protect participants but will decrease the risk of transmission.
Dr. Gluckman further maintained that because there are no known boxing-related transmissions of HIV and only two known sports transmissions, the money expended to implement the HIV testing program could be better spent on programs to educate teenagers regarding HIV transmission and to support needle exchange programs. He also opined that the logical extension of the testing would be to require HIV testing for other contact sport participants rather than limiting testing to professional boxers and professional kickboxers. Finally, Dr. Glickman suggested that more money could be saved by the Commonwealth by instituting measures to prevent brain damage in professional boxers.
In reviewing these commented, SAC determined that they dealt primarily with issues outside its jurisdiction. In light of the slight, but real risk of blood-borne HIV transmission in a boxing event, SAC continues to believe that HIV testing for professional boxers and professional kickboxers is appropriate. The risk of blood exposure is greater in boxing than in many other contact sports. SAC has no authority or jurisdiction over other contact sports such as football and has only minimal authority over promoters in professional wrestling.
Additionally, it should also be noted that the costs of mandating HIV testing are minimal. Therefore, contrary to the comments of Dr. Gluckman, the small amount of funding necessary to support the testing program could not support other HIV education programs aimed at teenagers and to support needle exchange programs, programs outside the jurisdiction of SAC.
The minimal fiscal impact can be estimated by assuming that 70% of the 440 licensees (308 individuals) avail themselves of free DOH tests at $4 per test. The Department of Health would incur an additional $1,232 in costs in the first year to provide the testing services. If a test is positive, a confirmation test must be performed at a cost of approximately $34 per test. DOH statistics reveal approximately 1.5% of initial tests are positive. Consequently, if 308 tests are performed by DOH, approximately five confirmation tests would need to be performed at a total cost of $170. These costs are minimal and are far outweighed by the benefits in decreasing the risk of participants, ring personnel and the public from being exposed to HIV.
SAC has recognized that education is an important element in helping insure that boxers are able to provide negative HIV test results. Accordingly, SAC assists professional boxers in obtaining information on the risk of contracting HIV outside of the ring. The license application provides the applicant with the option of receiving information regarding the HIV virus. This effort, however, would be supplemented by HIV testing and should not be considered in lieu thereof. Regardless of any educational programs in place, SAC has determined that given the reality and risk of HIV transmission in the boxing ring, this risk can be lessened by requiring a negative HIV test result as a condition for licensure.
Although SAC agrees that it is appropriate to supply information about the transmission of the HIV, SAC rejected the suggestion that it provide pretesting counseling. The Confidentiality of HIV-Related Information Act (35 P. S. §§ 7601--7612) required counseling to be provided by the testing services.
Dr. Gluckman also commented that there are no known boxing related transmissions of HIV and that the proposed amendment is of minimal import. Nevertheless, information received by SAC indicates that the Centers for Disease Control and Prevention have verified the transmission of HIV during a pair of bloody fistfights. See Transmission of Zidovudine-Resistant HIV during a bloody fight, Journal of American Medical Association, Ippolilog. Del Peggio, P.Ariel C. 1994: 272 (G): 433-4. Accordingly, the risk of HIV transmission in the boxing ring through blood contact is a reality. This reality is recognized by most professional boxing licensees.
In response to a survey conducted by SAC in February and April 1996, 90% of licensees indicated concern about the possibility of contracting HIV from another boxer. The risk is also recognized by other boxing commissions. By implementing this final-form regulation, Pennsylvania would join Nevada, New York, New Jersey, Washington, Oregon, Arizona and Puerto Rico in requiring HIV testing of all potential boxers. For the foregoing reasons, SAC concludes that no changes need to be made in the final-form rulemaking in response to the comments of Dr. Gluckman.
2. Comments by the American Civil Liberties Union of Pennsylvania.
Commentators from the American Civil Liberties Union of Pennsylvania (ACLU) asserted that requiring professional boxers to furnish a negative HIV test result as a part of the licensing application violates Title 2 of the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.A. §§ 12131--12165) and section 504 of the Rehabilitation Act of 1973. The ACLU contends that HIV-positive individuals are protected from discrimination under these statutes and that SAC has not demonstrated that a mandatory test will protect boxers.
The ACLU concluded, under the statutes in the proceeding paragraph that the proposed testing is probably illegal, because the risk of HIV transmission in a boxing contest or exhibition is speculative.
SAC disagrees. Because the risk of HIV transmission does exist in professional boxing contests and exhibitions, mandatory HIV testing for boxers is necessary. The judicial decisions cited by the ACLU in support of their position involve mandated testing for venues other than the boxing ring. With respect to the Federal statutes cited, SAC concludes that they are not violated; the test requirement is imposed because of circumstances unique to professional boxing contests or exhibitions. An HIV-positive boxer cannot perform boxing activities with reasonable accommodations needed to prevent the occurrence of open wounds or the spread of body fluids, as required by the ADA. Permitting such a boxer to participate therefore poses a direct threat to the health and safety of the participants, ring personnel and those in attendance.
SAC believes that the risk of HIV transmission is not as speculative as the ACLU contends. Of all combative sports, the risk of blood exposure is significantly greater in boxing than in any other sport. As noted in the preceding paragraph, the Centers for Disease Control and Prevention have verified the transmission of HIV during a pair of bloody fistfights. Therefore the risk of HIV transmission in the athletic setting by means of blood contact is a reality. Given current medical evidence, the possibility of risk can support mandated testing. SAC contends that mandated testing need not be based upon a certainty of risk. Because the duration and severity of the HIV virus is certain, the duration of the possible risk posed by an HIV positive boxer in the ring is permanent. Because of the severity of harm, testing is appropriate, given the risk of transmission. See Skoales v. Mercy Health Corporation, 887 F. Supp. 765 (E.D. Pa. 1994).
This acknowledgment of the high potential risk is echoed in an article entitled HIV- Infected Competitive Athletes; What are the risks? What precaution should be taken? Journal of General Internal Medicine V. 12 April, 1997, Feller, Alexander and Flainigan, Timothy. The article acknowledges that the highest potential HIV risk in competition involves blood contact of a participant involved in a combative sport. The article also calls into question the ACLU's comment that there is no evidence that HIV infection can affect a boxer's qualifications or ability to participate in a professional boxing match. The profession of boxing is a strenuous sport requiring participants to be in top physical condition as a result of a strenuous exercise regimen. The article notes that the weighable evidence suggests that while moderate exercise may be beneficial ''strenuous exercise may not''. See p. 244--245. SAC has determined that no change should be made in the final rulemaking in response to the ACLU comments.
3. Comments of IRRC
Two comments regarding the proposed amendment were made by IRRC. The first comment involved the clarity of the proposed rulemaking which appears to omit any provision for a private sector facility to perform an HIV test. Additionally, IRRC noted that the citation to 28 Pa. Code § 15.11 (relating to minimum public health programs) appears to be erroneous.
As noted by IRRC, the citation should be to 28 Pa. Code § 5.11 (relating to permit, requirements, application, and conditions), not 28 Pa. Code § 15.11. Accordingly, the final-form regulation has been amended to reflect the proper citation.
As amended, the final rulemaking provides that a private sector facility can perform an HIV test. This is because the regulation found at 28 Pa. Code § 5.11 specifically relates to the licensing of private clinical laboratories by the DOH. Given the provisions of 28 Pa. Code § 5.11, the final-form regulation has been altered slightly to clarify that the testing may be conducted by a laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under that section. With the addition of the proper 28 Pa. Code citation, it is clear that tests may now be provided by a DOH facility, a private laboratory possessing a permit under 28 Pa. Code § 5.11 or a private laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under that section.
IRRC commentators also raised the issue of whether SAC should require professional boxers and professional kickboxers to provide negative test results for HIV at times in addition to the annual application for licensure. Times other than licensure could include every 6 months, as originally suggested by DOH or in connection with a boxer's prefight physical examination. IRRC raises this question because of (1) the latency period (of approximately 6 to 8 weeks) after exposure to the HIV virus before a positive test for the HIV antibodies can occur; and (2) the ongoing risk to boxers and others when placed in contact with the blood of the participants. Consequently, IRRC requested SAC to explain its policy position of requiring a boxer to furnish a negative HIV test report only at the time of initial and annual licensing.
In requiring applicants for a professional boxing license and a professional kickboxing license to furnish a negative HIV test report only at the time of initial and annual licensure, SAC attempted to balance the interests of license applicants, current licensees, prospective participants, ring personnel and the public relative to the level of risk of contracting HIV during a boxing event. In light of the concerns expressed by these constituencies as well as those of the American Civil Liberties Union and the DOH, SAC believes that requiring applicants to furnish a negative HIV test report only at the time of initial and annual licensure satisfies these interests. Not to require testing, as urged by the ACLU, would ignore the level of risk of contracting HIV in a boxing competition and would not address legitimate concerns. To require testing more often would inflate the perceived level of risk of contracting the HIV during a boxing competition and would be overly intrusive for licensees and applicants. Requiring testing in connection with a boxer's prefight physical would subject a boxer to an average of four to six tests a year. This testing would be redundant. Additionally, because most prefight physicals are conducted only a few hours before the scheduled bout, test results in most cases would not be available in a timely manner if conducted in conjunction with the prefight physical.
In tying the HIV test to the time of initial and annual licensure, SAC submits that the testing complies with the intent of maintaining the confidentiality of HIV status in accordance with the Confidentiality of HIV-Related Information Act. Under section 910 (relating to standards for issuance of licenses and permits) of the code, 5 Pa.C.S. § 910, SAC is required to consider the best interests and welfare of the public, the preservation of the safety and health of participants and the best interests of boxing generally in determining whether to issue or renew any license. Additionally, the applicant must establish that he is: (1) of good moral character; (2) of good reputation; (3) physically fit and mentally sound; (4) skilled in his profession; (5) of requisite age and experience; and (6) not addicted to the intemperate use of alcohol or to the use of narcotic drugs.
In requiring only an annual or initial test report, SAC recognizes that all provisions of section 910 are applicable. These general and specific standards, combined with the requirement of providing the negative HIV test results, comprise a list of possible reasons why SAC may deny the applicant a license. Therefore, when an applicant is denied a license, the denial could be based upon a variety of reasons. Accordingly, the public could not infer that it was due solely to the applicant having failed to provide a negative HIV test report. Additionally, when an applicant is not able to obtain a negative HIV test report and therefore chooses not to apply for a license, the public could not infer any particular reason why the applicant failed to apply for licensure.
In contrast thereto, if SAC were to require negative HIV test reports to be provided on a regular basis, such as every 6 months, the public could infer that a license revocation 6 months after initial licensure was due solely to the failure to furnish a negative HIV test report. Any license revocation tied to the HIV testing schedule would clearly be based upon the failure to provide negative test results. The revocation would violate the spirit and intent, if not the actual provisions requiring the confidentiality of test results, of the Confidentiality of HIV-Related Information Act. Accordingly, except for the minor changes made to the final-form regulation for clarification purposes, SAC concludes that no additional changes need to be made.
Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
SAC reviewed this final rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. The final-form regulation addresses a compelling public interest as described in this preamble and otherwise complies with Executive Order 1996-1.
Fiscal Impact
Implementation of the final rulemaking will cost DOH approximately $1,232, based on the assumption that 70% of the 440 licensees (308 individuals) avail themselves of free DOH tests, who would not otherwise go to DOH for a free test, at $4 per test. If a test is positive, a confirmation test must be performed at a cost of approximately $34 per test. DOH statistics reveal approximately 1.5% of initial tests are positive. Consequently, if 308 tests are performed by DOH, approximately five confirmation tests would need to be performed at a total cost of $170. The 308 tests that will be performed for SAC licensees represents about 1.2% of the approximately 26,420 total HIV test performed for calendar year 1995 by DOH.
During the first year of implementation, SAC staff will have to dedicate some additional time to helping licensees adjust to the new requirement. However, SAC does not anticipate adding any staff to implement the amendment. Consequently, the only additional cost is the printing of a one-page form that will accompany the renewal application which will be used to certify that the licensed medical laboratory or DOH facility checked the identity of the licensee before taking the blood sample. The cost to develop and duplicate the form will be less than $200.
Benefits
Although not all individuals who contract HIV subsequently develop Acquired Immunodeficiency Syndrome (AIDS), the occurrence of AIDS in HIV positive persons is invariably fatal to date. Accordingly, SAC has determined that a risk exists with respect to the possibility of contracting HIV at a professional boxing or kickboxing match, although SAC was unable to determine the exact probability of an athlete contracting HIV at these events. For those reasons, it is difficult to put a monetary value on preventing HIV-infected licensees from participating in events.
Assuming that an individual who tested positive for HIV has an increased risk of developing AIDS and would therefore require extensive medical treatment, one empirical measure of the benefits of reducing the transmission of HIV is the avoided medical costs of caring for a person with AIDS. DOH reports that it costs private agencies that are funded by the Commonwealth about $120,000 to care for a patient in the advanced stages of AIDS. Most boxers do not have large annual incomes from boxing or other employment. Therefore, they are likely to require public support for AIDS treatment. Consequently, if this amendment prevents one individual from contracting HIV who then develops AIDS, the savings in medical treatment alone would exceed the cost of administering this regulation over several decades.
A secondary benefit could derive from changes in individuals' behavior. If an applicant who would not otherwise be tested for the virus learns that he has contracted HIV, an individual would then be able to modify his conduct to decrease the probability of infecting other individuals. Increased self-awareness of an HIV-positive individuals' status could benefit the community at large.
Paperwork Requirements
Applicants for annual renewal of a boxing license currently must complete a form that consists of 19 simple questions and is less than one page in length. As a result of this amendment, applicants will be required to attach to the application a one-page laboratory report provided by the laboratory and a form signed by the laboratory indicating that the laboratory confirmed the identity of the applicant before the test was administered. This form will be provided to all applicants along with the annual application form.
Sunset Date
SAC continually monitors the effectiveness of its regulations through communications with the regulated population and input from its medical advisory committee; accordingly, no sunset date has been set.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), SAC submitted a copy of the notice of proposed rulemaking published at 27 Pa. B. 2555 (May 24, 1997), to IRRC and the Chairperson of the House and Senate Committees on State Government for review and comment. In compliance with section 5(b.1), SAC also provided IRRC and the Committees with all comments received, as well as other documentation.
In preparing this final-form regulation, SAC has considered all comments received from IRRC, the Committees, individual Legislators and the public.
This final-form regulation was deemed approved by the House and Senate Committees on November 26, 1997. IRRC met on January 13, 1998, and approved the final-form regulation in accordance with section 5(c) of the Regulatory Review Act.
Contact Person
Further information may be obtained by contacting Gregory Sirb, Executive Director, State Athletic Commission, 16 Pine Street, Harrisburg, PA 17101, (717) 787-5720.
Findings
SAC finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202), and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This amendment does not enlarge the purpose of the proposed rulemaking published at 27 Pa.B. 2555.
(4) This amendment is necessary and appropriate for administration and enforcement of the authorizing acts identified in this preamble.
Order
SAC, acting under its authorizing statutes, orders that:
(a) The regulations of SAC, 58 Pa. Code Chapter 21, are amended by amending § 21.8 to read as set forth in Annex A.
(b) SAC shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) SAC shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
GREGORY SIRB,
Executive Director(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 28 Pa.B. 588 (January 31, 1998).)
Fiscal Note: Fiscal Note 16-13 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 58. RECREATION
PART I. STATE ATHLETIC COMMISSION
Subpart B. BOXING
CHAPTER 21. PROFESSIONAL BOXING § 21.8. Boxers
(a) Professional boxers shall be licensed by the Commission. The Commission will not license or renew the license of a professional boxer unless the license application is accompanied by a report from a Department of Health facility, a laboratory possessing a permit from the Department of Health under 28 Pa. Code § 5.11 (relating to permit, requirements, application, and conditions), or a report from a laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under 28 Pa. Code § 5.11 and is acceptable to the Commission, which indicates that the applicant has been tested for any virus, antibody, antigen or etiologic agent determined to cause or indicate the presence of human immunodeficiency virus and the results of those tests were negative. The tests shall have been initiated no more than 60 days prior to the date of filing the application. A boxer whose application for license has been denied has the right to a hearing before the Commission under 2 Pa.C.S. (relating to administrative law and procedure). The applicant shall apply, in writing, to the Commission requesting a hearing at which time the Commission will conduct a hearing within 10 business days from the receipt of the written request.
(b) The Commission will require each professional boxer under contract to appear in a bout under its jurisdiction to be examined and certified by a physician appointed by the Commission to be physically sound before being permitted to engage in the bout. The Commission upon its own initiative as a safety precaution may require a professional boxer under its jurisdiction to undergo a general or an ad hoc physical or mental examination, or both, for the purpose of determining whether or not the boxer is fit to continue actively in the profession of boxing.
(c) Whenever a professional boxer considers himself unable by reason of illness or injury to participate in a bout for which he is under contract within the jurisdiction of the Commission, he, or his manager in his behalf, shall promptly notify both the Commission and the promoter of the event of the alleged condition of the boxer and the boxer shall immediately submit written medical verification to the Commission which may, if it deems fit, require the boxer at his own expense to undergo examination by a physician selected by the Commission for further substantiation of the averment of disability.
(d) A boxer shall be considered to have been knocked out in a bout if he is counted out and he shall incur mandatory suspension of 6 weeks. A boxer shall incur automatic suspension of 30 days if he experiences a technical knockout, subject to reduction in appropriate cases to suspension of not less than 25 days in the discretion of the Commission after medical examination and approval. The victim boxer shall furnish satisfactory medical proof of physical well-being in every case of knockout and technical knockout before he is permitted to box again under the jurisdiction of the Commission. The Commission may suspend a professional boxer who is defeated in five consecutive contests, either within or beyond the jurisdiction of the Commission, pending inquiry by the Commission to determine the physical and mental ability of the boxer to continue safely in the boxing profession.
(e) The Commission will not license as a professional boxer an applicant under 18 years of age and the Commission will require conclusive proof of age of a boxer applying for the first time to be so licensed with the Commonwealth. The Commission will not license as a professional boxer an applicant over 36 years of age except by special action by the Commission.
(f) The Commission will not permit a professional boxer to participate in a bout under its jurisdiction without first having signed with a licensed promoter a properly drafted contract covering the participation. If the boxer is under contract to a manager, the manager is also required to sign the contract unless excused by special action of the Commission. This, does not mean that a boxer is not contractually bound by a commitment made in his behalf by his legally constituted manager even though the boxer may not have personally executed the instrument purporting to commit him.
(g) A boxer under the jurisdiction of the Commission may not be under contract to more than one manager at the same time without express approval of the Commission, and the boxer may not be under contract to more than two managers at the same time. A boxer under the jurisdiction of the Commission may not enter into a contract with a manager or combination of managers whereunder the boxer is obligated to the payment of more than the total of 50% of his earnings under the manager or combination of managers.
(h) A boxer whose manager has been suspended by the Commission or whose suspension in another jurisdiction is recognized by the Commission may box in this Commonwealth independently of his managerial contract at the discretion of the Commission and will be permitted to contract individually under the circumstances and to collect the full amount of a purse or other monies due to him. No part of the sum may be held or reserved for the suspended manager.
(i) Professional boxing contests between boxers under contract to the same manager are prohibited without exception.
(j) The Commission may require either or both of the participants in a professional boxing bout to guarantee appearance or the making of agreed weight, or both, by stipulated monetary forfeit to be posted with the Commission in cash or by certified check by a stated time prior to the bout under appropriate circumstances. The Commission may declare the sum posted by him forfeited in whole or in part if a boxer fails to appear or make the agreed weight and the forfeited amount paid to the Commonwealth or to the opposing boxer or partly to the opposing boxer as the Commission in its discretion will decide.
(k) A professional boxer who fails to appear promptly at the time and place set by the Commission for the official weigh-in for a bout in which he is under contract to participate shall be subject to a disciplinary action the Commission sees fit to impose. A professional boxer who fails to appear for a bout in which he is under contract to participate or refuses to participate in a bout having appeared, shall be eligible for a fine, suspension, revocation of license or any or all of these penalties at the discretion of the Commission.
(l) If either or both of the participants in a professional boxing contest fail to satisfactorily put forth serious effort during the bout or persist in foul tactics in the judgment of the referee, the referee shall stop the bout after reasonable warning, disqualify the offending boxer, award the decision of the boxer making serious effort, if any, and direct that compensation due the offending boxer be impounded by the Commission pending outcome of a hearing which the Commission will arrange on the subject.
(m) Participants in professional boxing bouts under the jurisdiction of the Commission shall be shaven clean except that the Commission may sanction the wearing of closely cropped mustaches or religiously required beards, or both, at its discretion.
[Pa.B. Doc. No. 98-375. Filed for public inspection March 6, 1998, 9:00 a.m.]
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