RULES AND REGULATIONS
Title 58--RECREATION
STATE ATHLETIC COMMISSION
[58 PA. CODE CHS. 1, 3, 5, 9, 11, 13,
21, 23, 25, 27, 31 AND 33]
Boxing and Wrestling
[32 Pa.B. 2443] The State Athletic Commission (SAC) amends all but two chapters of its regulations in Part I (relating to State Athletic Commission) to read as set forth in Annex A. The amendments are adopted as final-form under 5 Pa.C.S. §§ 101--2110 (relating to the Athletic Code) (code). The code was renumbered and revised under the act of May 13, 1992 (P. L. 180, No. 32) (Act 32). The statutory changes also require a comprehensive revision of most regulations.
I. Statutory Authority
SAC has the authority to promulgate regulations under section 103(b)(1) of the code (relating to duties of commission).
II. Responses to Comments
The notice of proposed rulemaking was published at 30 Pa.B. 2611 (May 27, 2000) and was subject to a 30-day public comment period. SAC received no public comments and no comments from the House and Senate State Government Committees. The Independent Regulatory Review Commission (IRRC) filed its comments with SAC on May 4, 2000. Because the preamble for the proposed rulemaking was previously printed in the Pennsylvania Bulletin, this preamble will address the amendments SAC made as a result of the comments that IRRC provided.
The comments made by IRRC related to clarity, consistency with the statute, statutory authority and implementation procedure. In addition to the specific revisions discussed in detail in Part III of this Preamble, IRRC made general comments on three issues regarding clarity that pertain to numerous sections throughout the proposed rulemaking.
First, IRRC commented that the proposed rulemaking used a general reference to the entire code and recommended that SAC refer to specific statutory sections or subsections that pertain to particular regulatory provisions. Second, IRRC asked that SAC clarify what it meant in the proposed rulemaking when it referred to ''the Commission (SAC) or Executive Director'' or to ''the Commission.'' At times, a commissioner or the Executive Director will attend an event and act on behalf of SAC. When appropriate throughout the final-form rulemaking, SAC substituted the terms ''a commissioner or the Executive Director'' for the term ''Commission,'' as suggested by IRRC. Finally, IRRC suggested that because reference is made in several places throughout the final-form regulations to forms, manuals and procedures published by SAC, the final-form regulations should include information on how copies of these forms, manuals and procedures may be obtained. SAC included this IRRC recommendation in final-form rulemaking as a new subsection (b) to § 1.2 (relating to Commission offices). Other comments are noted in specific final-form regulations, referenced as follows.
Purpose
The final-form regulations revise, with limited exceptions, all of the regulations administered by SAC to conform to the code found in 5 Pa.C.S. §§ 101--2110 and current SAC policies adopted thereunder. A description of the revisions and changes appears as follows.
III. Description of Revisions
Subpart A (relating to general provisions)
Subpart A sets forth eight chapters which include general provisions regarding appointed officials; tickets, postponements and cancellations; recognition of suspensions, disqualifications and retirements imposed by other authorities; relations with affiliates; safety of event premises; bonds and fees; and permitted drug testing. SAC made revisions and amendments to all chapters, except Chapters 7 and 15 (relating to recognition of suspensions, disqualifications and retirements imposed by other authorities; and prohibited drug testing).
Chapter 1 (relating to preliminary provisions)
Section 1.1 (relating to definitions)
Section 1.1(a) includes a definition of the term ''commissioner'' in accordance with IRRC's suggestion to refer to a commissioner rather than the entire SAC when SAC believes that only one member is required to take a specific action. In defining ''commissioner,'' SAC added a reference to the specific section of the code, as IRRC had suggested in its first general recommendation. IRRC found that SAC had used the terms ''bout'' or ''main bout'' throughout the final-form amendments without defining those terms. In final-form rulemaking, SAC replaced the term ''bout'' with ''contest,'' which is defined in section 302 of the code (relating to definitions). SAC then added a definition of ''main contest.'' The term ''event,'' as defined in the proposed rulemaking, includes one or more contests. Furthermore, SAC added definitions of the terms ''licensee'' and ''second'' to § 1.1 at the suggestion of IRRC. As IRRC suggested, SAC deleted a portion of the definition of ''Commission credentials'' to eliminate unnecessary language. Finally, SAC defined the term ''licensee'' for clarity, as the term appears in several places throughout the final-form amendments, in §§ 3.1(e), 3.2(e)(6), 3.3(g), 21.1(n) and 21.4(k).
SAC divided subsection (b) into subsections (b) and (c), which both include specific references to the appropriate sections of the code pertaining to boxing and wrestling as well as distinguish those sections from each other, as IRRC suggested.
Section 1.2
Section 1.2(b) was added informing any interested parties where they may obtain forms, manuals and additional information from SAC, as IRRC suggested in its third general comment.
Chapter 3 (relating to appointed officials)
Section 3.1 (relating to Executive Director)
To provide for increased clarity, § 3.1(a) includes the citation to the applicable statutory provision outlining the powers and duties of the Executive Director, as IRRC suggested in its first general comment.
The current § 3.1(b) requires the Executive Director to attend a representative number of events throughout this Commonwealth to monitor operations of inspectors and officials. On proposed rulemaking, IRRC suggested that SAC specify what constitutes a representative number of events that the Executive Director must attend. SAC considered the IRRC suggestion and decided to delete any reference that the Executive Director attend a representative number of events. Although the Executive Director now regularly attends most events, SAC and the Department found it difficult to specify a number or percentage of events that the Executive Director would be required, by regulation, to attend.
In reviewing the duties and responsibilities of the Executive Director, SAC added a provision in § 3.1(g) that allows the Secretary of the Commonwealth or the Executive Director to designate SAC or Department of State staff to act on the Executive Director's behalf. The Secretary of the Commonwealth is responsible for the actions and day-to-day activities of the Executive Director. Likewise, the Executive Director may designate SAC or Department of State staff to act on the Executive Director's behalf.
IRRC suggested that § 3.1(h) should clearly state the criteria of each boxer that the Executive Director uses in deciding whether to approve or prohibit a match and include references to the relevant statutory requirements. In final-form rulemaking, SAC added four criteria that the Executive Director uses and the specific statutory citations.
For clarity, § 3.1(i) and (j) have been reversed. At the suggestion of IRRC, SAC provided clarification at former § 3.1(i), now 3.1(j), that circumstances that are not addressed in the regulations or the code that relate to the duties of SAC shall be ruled on by the Executive Director.
At former § 3.1(j), now § 3.1(i), SAC made two changes to final-form rulemaking suggested by IRRC. First, to comply with IRRC's second general suggestion, SAC clarified that the Executive Director, a commissioner or SAC may use a videotape to review actions relating to a contest. Secondly, SAC replaced the word ''bout'' with the word ''contest,'' as explained previously in § 1.1(a). The changes from ''bout'' to ''contest'' occur throughout this final-form rulemaking.
Finally, at the suggestion of IRRC, SAC clarified its appeal procedures in § 3.1(k) and included an explanation of the two-tier appeal process, which includes both an informal review and the right to a formal appeal.
Section 3.2 (relating to inspectors)
SAC amended § 3.2(a) to clarify that the inspectors are nominated by a commissioner or Executive Director and approved by the Secretary. The precise section of the code is also cited, as suggested by IRRC in its first general comment.
In § 3.2(d), SAC deleted the reference to the Department of Revenue as IRRC suggested because the Department of Revenue has the authority to appoint its own agents to collect taxes in section 210 of the Fiscal Code (72 P. S. § 210). In addition, SAC added the appropriate reference to the code that addresses the ability of inspectors appointed by SAC to collect revenue. Other clarifications occur in § 3.1(e)--(h) to refer to the authority of the Executive Director, to change ''bout'' to ''contest,'' and to specify that an inspector may file a written report on any portion of the code.
Section 3.3 (relating to physicians)
Subsection (a) provides the citation to the code sections pertaining to the licensure of physicians, while subsection (b) provides a reference to the SAC Medical/Safety Manual. Subsection (c) changes ''designee'' to ''inspector,'' as IRRC suggested for clarity and specificity. SAC added language suggested by IRRC to clarify that SAC would prescribe the form a physician uses for a post-fight check in subsection (h).
Section 3.4 (relating to announcers)
Subsection (i) clarifies that only the Executive Director or a commissioner may authorize another person, other than the announcer, to make announcements from the ring, as IRRC requested. The term ''bout'' is changed to ''contest'' in subsections (h) and (j) to comply with IRRC's suggestion discussed previously under § 1.1(a). Finally, in subsection (j), SAC changed ''designee'' to ''inspector,'' as suggested by IRRC with respect to subsection (c).
Chapter 5 (relating to tickets, postponements and cancellations)
Section 5.1 (relating to tickets)
At the suggestion of IRRC, SAC placed the responsibility to collect tickets upon the promoter, who is a licensee, at subsection (e). In this final-form rulemaking, the agents of the promoters may collect the tickets; however, the promoters themselves are required to make the ticket stubs available to the Executive Director or a commissioner. SAC also added a specific citation to the code, as IRRC suggested in its first general request.
Section 5.2 (relating to postponements and cancellations)
SAC changed ''bout'' to ''contest'' in subsections (c) and (d), as IRRC had suggested in § 1.1(a). In subsection (e), IRRC suggested clarification of the procedures that SAC will use to handle ticket refunds. Because ticket refunds are specifically addressed at section 1113 of the code (relating to ticket refund), SAC made a reference to section 1113 of the code in § 5.2(e).
Chapter 11 (relating to safety of event premises)
Section 11.1 (relating to ventilation, fire exits and fire escapes)
SAC made changes to this section, including deleting some portions, to clarify language.
Chapter 13 (relating to bonds and fees)
Section 13.1 (relating to professional boxing bonds and bond filing fees)
Section 13.1(a) changes ''bouts'' to ''contests'' and provides clarification that the surety bond shall be filed on a form prescribed by SAC.
Section 13.3 (relating to additional license fees)
SAC changed the term ''promotion'' to ''event'' at the suggestion of IRRC because the term ''promotion'' was not a defined term.
Subpart B (relating to professional boxing)
The four chapters comprising Subpart B govern professional boxing, amateur boxing, professional kickboxing and amateur kickboxing. SAC made revisions and amendments to all four chapters of Subpart B.
Chapter 21 (relating to boxing)
Section 21.1 (relating to contracts)
As suggested by IRRC, § 21.1(d) substitutes the provision ''commission member'' to ''commissioner or the Executive Director'' for increased clarity. Also at IRRC's suggestion, § 21.1(m) clarifies that a promoter may not attempt to enter a contract with a manager or boxer under suspension or disqualification by SAC without the written consent of the Executive Director or a commissioner. Likewise, at the suggestion of IRRC, SAC clarified in § 21.1(n) that a promoter or other licensee may not advertise a contest or exhibition until the Executive Director has approved the contest or exhibition. As also suggested by IRRC, in § 21.1(n), SAC added a cross reference to § 3.1(h).
Section 21.3 (relating to ring and ring equipment)
On proposed rulemaking, IRRC questioned why the language describing the type of illumination was being deleted. SAC reinstated the language in § 21.3(a)(7) describing the type of illumination required and provided that the determination on the lighting should be made by the Executive Director or a commissioner.
Section 21.4 (relating to conduct of contests)
At the suggestion of IRRC, SAC changed ''bouts'' to ''contests'' in the heading of this section, as well as throughout the section.
Section 21.4(b)(1) and (3) provides that a boxer shall appear before a commissioner or the Executive Director for a preliminary physical examination, and, at the discretion of a commissioner or the Executive Director, remove all clothing at the weigh-in. Likewise, § 21.4(b)(4) allows a commissioner or the Executive Director to require an additional weigh-in and physical examination if an event is postponed for more than 24 hours. These final-form amendments afford increased flexibility in that the Executive Director need not be at every examination or weigh-in.
IRRC suggested that SAC move the clothing and glove requirements in § 21.4(c) and (e) to § 21.8 (relating to boxers). In the final-form rulemaking, § 21.4(c) and (e) appear in § 21.8(m)(4) and (5), respectively. As IRRC had requested, SAC inserted the requirement in § 21.4(c) that only seconds, trainers and managers are authorized to be in the boxer's corner, as noted in § 21.10 (relating to seconds or trainers).
Section 21.5 (relating to scoring system)
To clarify the particular type of foul the subsections describe, § 21.5(d) and (e) adds the term ''accidental'' before the phrase ''low-blow foul'' throughout the provisions.
Section 21.7 (relating to matchmakers)
For clarity, SAC changed § 21.7(b) to require matchmakers to take notice of suspensions issued by any commission, including those in other jurisdictions.
Section 21.8
In § 21.8(e), SAC made a reference to forms available in SAC's Medical/Safety Manual regarding a general physical examination required for applicants for a boxing license who never competed in a professional contest, as IRRC suggested. Section 21.8(f) contains a reference to those portions of the code that refer to a contract between a boxer and a promoter. At the suggestion of IRRC, § 21.8(m)(4) and (5) contains the provisions relating to a boxer's clothing and gear previously contained in § 21.4 (c) and (e).
On final-form rulemaking, the Commission made a technical change to § 21.8(d)(3) for clarity. On proposed rulemaking, the Commission divided § 21.8(d) into three subsections. Upon publication of the proposed rulemaking, however, the phrase ''The Commission may suspend a'' was inadvertently placed in § 21.8(d)(2), when it should have been placed in § 21.8(d)(3) and then removed from that subsection. Therefore, on final-form rulemaking, the Commission placed that phrase in § 21.8(d)(3).
Section 21.9 (relating to managers)
SAC clarified in § 21.9(h) that the Commission may impound the purse of a boxer, pending a final determination, not only at the request of managers who are licensed by SAC, but also for managers properly licensed in another jurisdiction that is recognized by SAC. This position is consistent with that adopted by the Association of Boxing commissioners (ABC), of which the Commonwealth is a member. These final-form amendments would provide SAC with flexibility in impounding purses for managers licensed by SAC or for managers licensed in another jurisdiction that is recognized by SAC.
Section 21.10
SAC changed the heading of this section to seconds or trainers to clarify that trainers are also subject to this section. This is consistent with the definition of the term ''second'' in § 1.1, which specifically includes a trainer. For consistency, SAC made the same change to the heading of § 23.5 (relating to seconds or trainers).
IRRC made four recommendations regarding this section. First, IRRC suggested that SAC clarify who ''another person'' would be who is allowed in a boxer's corner. Second, IRRC suggested that SAC address in other sections of the final-form amendments the possibility that a spectator or ticket holder may disrupt a contest. Third, IRRC suggested clarification of what constitutes ''ample warnings'' in § 21.10(j). Finally, IRRC suggested that SAC clarify what constitutes ''offending conduct'' in § 21.10(j).
To address IRRC's four suggestions, SAC moved the requirements in § 21.10(j) to other sections. In § 21.4(c), SAC inserted the requirement that only seconds, trainers and managers are authorized to be in the boxer's corner. In § 21.11(c)(4) (relating to referees), the referee has the authority to remove other persons from a boxer's corner, in addition to seconds, trainers and managers, who interfere with the conduct of the contest. In addition, § 21.11(c)(4) also allows the referee to deduct points from the boxer for conduct of any individual in the boxer's corner. Furthermore, SAC may suspend or fine the manager, second or trainer for conduct. In response to IRRC's third suggestion, SAC deleted the requirement for ample warnings, as found in former § 21.10(j), and added manager and trainer to the categories of individuals that the referee could remove from the ring in § 21.11(c)(4). SAC decided to leave the discretion to make these decisions with the referee and not bind the referee with issuing warnings when the behavior in question interferes with the conduct of the contest. In response to IRRC's final suggestion that SAC clarify what constitutes ''offending conduct'' as used in former § 21.10(j), SAC used the language in § 21.11(c)(4) that set the criteria as interfering with the conduct of the contest.
Section 21.11
Section 21.11(b)(1) substitutes the phrase ''character and reputation'' for ''repute'' in describing the requisite moral fitness of a referee to make this requirement consistent with the description in other sections. SAC also changed ''Commission'' to ''Executive Director'' because the Executive Director makes the initial determination regarding qualifications for referees. The decision of the Executive Director may be appealed to SAC.
In addition to the changes in § 21.10 regarding changes to § 21.11(c)(4), SAC removed the words ''and shall'' from this subsection and added the word ''to'' to provide for parallel structure grammatically.
As IRRC suggested, SAC provided a cross reference in § 21.11(c)(7) to the activities that constitute a foul, as described in § 21.16(b) (relating to safety code). In § 21.11(c)(8), SAC provided a citation to Subpart B of the code (relating to boxing) and a reference to the Referee's Manual. SAC changed ''bout'' to ''contest'' in § 21.11(c)(10) and (13) and clarified § 21.11(c)(11) that the Executive Director or an inspector could receive the official score cards from the referee after each round.
Section 21.12 (relating to judges)
In § 21.12(c), SAC replaced the phrase ''the generally recognized rules of boxing'' as IRRC suggested with a reference to the Judge's Manual. Also, SAC cited to Subpart B of the code to add greater specificity, as IRRC had suggested in its first general recommendation.
Section 21.16
SAC replaced ''men'' with ''individuals'' throughout § 21.16(a), making it gender neutral. In addition, SAC included references to the relevant section of the code in § 21.16(k) regarding suspension and revocation for injuries as well as a reference to 2 Pa.C.S. §§ 501--508 regarding requests for hearings to review SAC's actions.
Chapter 23 (relating to amateur boxing)
Section 23.1 (relating to relations with amateur athletic associations)
SAC made the phrase ''amateur athletic association'' lower case and plural so that it would reflect the existence of multiple associations throughout this Commonwealth. The change was made not only in this section, but also throughout the final-form rulemaking where appropriate.
Section 23.6 (relating to referees)
In § 23.6(a), SAC clarified that referees may be removed from their position by a commissioner, the Executive Director or an inspector if deemed incompetent. This subsection also tracks the language in § 23.7(a) (relating to judges).
Section 23.10 (relating to age of participation)
SAC changed the heading of this section to accurately reflect that the section now deals with the age of participation of boxers due to the elimination of former § 23.10(a).
Chapter 25 (relating to professional kickboxing)
Section 25.3 (relating to conduct of contests)
At the suggestion of IRRC, SAC changed ''bouts'' to ''contests'' in the heading of this section, as well as throughout this section. Section 25.3(h) includes a reference to § 21.16(e) that describes the manner in which a contestant's gloves should be wiped free of foreign substances.
Section 25.9 (relating to ringside officials)
Final-form § 25.9(c) substitutes the phrase ''character and reputation'' for ''repute'' in describing the requisite moral fitness of a referee or judge. SAC also changed ''Commission'' to ''Executive Director'' in this subsection because the Executive Director makes the initial determination regarding qualifications for referees and judges. The decision of the Executive Director may be appealed to SAC. These final-form amendments are consistent with those previously noted in § 21.11(b)(1).
III. Compliance with Executive Order 1996-1
In accordance with Executive Order 1996-1, ''Regulatory Review and Promulgation,'' SAC invited comments from the regulated community and interested parties. In drafting the proposed rulemaking, SAC had extensive consultations with, and input from the ABC, the World Boxing Council, the International Female Boxing Association, the Women's International Boxing Federation, the World Wrestling Federation and the Nevada, New Jersey and New York State Athletic Commissions. When the rulemaking was proposed, SAC received no public comments.
V. Fiscal Impact
All individuals licensed by SAC will be impacted to some degree by the extensive revisions to the regulations administered by SAC. Other impacts are set forth in the costs and benefits section.
Costs and Benefits
All licensees will benefit when the regulations are updated to reflect current provisions of the code by reducing the potential for confusion as to their obligations. The safety of participants is increased by providing for heavier gloves, eliminating the standing eight-count and three-knockdown rule and requiring individually fitted mouthpieces. These provisions for each class of licensees are set forth in more detail as follows.
Promoters
Many provisions are streamlined to afford promoters greater flexibility in conducting events, resulting in indirect savings. Promoters will incur additional costs due to increased fees paid to referees, judges, announcers and timekeepers officiating at televised events. Referees are paid $50 per event more while judges, announcers and timekeepers are paid $10 more. These increases in fees may be offset because promoters' profits are generally higher for televised events.
Managers
Managers' costs will increase because the license fee for managers is raised from $40 to $60. The regulations also increase the minimum sum to be guaranteed annually to a boxer under contract with a manager from $750 to $1,000 and decrease the percentage of earnings that a boxer must pay the manager under a contract.
Referees
Under § 13.7 (relating to professional boxing officials fee), referees will be paid $50 more for officiating at televised events. Other benefits to referees will accrue from changes in scoring and the elimination of barriers to entry as a referee.
Judges, Announcers and Timekeepers
Under § 13.7, judges, announcers and timekeepers will be paid $10 more for officiating at televised events. Other benefits to judges, announcers and timekeepers will accrue from changes in scoring and the elimination of barriers to entry as a judge, announcer or timekeeper.
Boxers
Boxers will benefit from the final-form rulemaking directly because the minimum sum guaranteed to a boxer under contract with a manager will be increased from $750 to $1,000. Other benefits relate to clarifications of the procedures when a boxer has not made the contracted for-weight at weigh-in, requiring an individually fitted mouthpiece, resulting in safety improvements and other improvements in the safety code. They will also benefit through a clarification of the scoring of accidental and intentional fouls. The proposed changes also benefit boxers by expressly providing for expenses to a boxer when a contest has been canceled. The maximum percentage of earnings a boxer is obligated to pay managers under contract is reduced from 50% to 40%.
Matchmakers
Matchmakers will benefit from the revisions that would permit matchmakers to deal with unlicensed managers or boxers, allowing them to more effectively plan for future contests.
Kickboxing licensees
Similar changes, tracking those previously set forth, have been made in Chapter 25. These include: clarifying the scoring system; permitting greater flexibility in deducting points for fouls; requiring an individually fitted mouthpiece; and providing for heavier gloves. Judges will also benefit from the fees being increased. Other changes that benefit amateur kickboxers are set forth in Chapter 27 (relating to amateur kickboxing) and include: age requirements; the wearing of shin protectors; and a maximum of three 2-minute rounds.
VI. Paperwork Requirements
Paperwork requirements will not be substantially altered as a result of the amended regulations. Minor changes will have to be made to forms used by SAC.
VII. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 12, 2000, SAC submitted a copy of the notice of proposed rulemaking published at 30 Pa.B. 2611, to IRRC and to the Chairpersons of the House State Government and the Senate State Government Committees for review and comment.
In addition to submitting the proposed amendments, SAC provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by SAC in conformance with Executive Order 1996-1, (regulatory review and promulgation).
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on March 25, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 4, 2002, and approved the final-form rulemaking.
VIII. Contact Person
Further information may be obtained by contacting Gregory Sirb, Executive Director, State Athletic Commission, Department of State, 302 North Office Building, Harrisburg, PA 17120-0029. Information is also available at SAC's website http://www.dos.state.pa.us/sac/sac.html.
IX. Findings
SAC finds that:
(1) Public notice 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, 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 rulemaking does not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 2611.
(4) This rulemaking is necessary and appropriate for administering and enforcing the authorizing acts.
X. Order
SAC, acting under its authorizing statutes, orders that:
(a) The regulations of SAC, 58 Pa. Code Chapters 1, 3, 5, 9, 11, 13, 21, 23, 25, 27, 31 and 33, are amended by amending §§ 1.1--1.3, 3.1--3.4, 5.1, 5.2, 9.1, 9.2, 11.1, 13.1--13.8, 21.1--21.16, 23.1, 23.2, 23.4--23.10, 25.3--25.6, 25.8, 25.9, 27.2 and 27.3; adding §§ 31.21--31.24 and deleting §§ 11.2, 31.1--31.14 and 33.1--33.12 to read as set forth in Annex A.
(b) SAC shall submit this order and Annex A to the Office of General Counsel and 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 upon final-form publication in the Pennsylvania Bulletin.
CHARLES BEDNARIK,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 2041 (April 20, 2002).)
Fiscal Note: Fiscal Note 16-17 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 58. RECREATION
PART I. STATE ATHLETIC COMMISSION
Subpart A. GENERAL PROVISIONS
CHAPTER 1. PRELIMINARY PROVISIONS § 1.1. Definitions.
(a) The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Athletic Code--5 Pa.C.S. §§ 10l--2110.
Commission--The State Athletic Commission of the Commonwealth.
Commission credentials--Documents issued by the Commission to individuals approved by the Commission granting them the authority to attend a specific event, without payment of an entry fee, on behalf of the Commission.
Commissioner--A member of the Commission, as defined in section 101 of the code (relating to definitions).
Event--One or more contests, as defined in section 302 of the code (relating to definitions), conducted at the same location on the same day.
Knockdown--When any part of a boxer's body, except the feet, touch the ring canvass, at the hand of the opponent, as determined by the referee.
Licensee--A person licensed by the Commission to perform duties in relation to an event.
Main contest--The most important contest during an event for which the public interest is the greatest.
Second--An individual licensed by the Commission to work in a professional boxer's corner during an event, as provided in section 716 of the Athletic Code (relating to seconds). The term also includes a trainer.
(b) The definitions in section 302 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to boxing which include this subpart and Subpart B (relating to boxing).
(c) The definitions in section 1902 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to wrestling, which include this subpart and Subpart C (relating to wrestling).
§ 1.2. Commission offices.
(a) The offices of the Commission are located as follows:
(1) 116 Pine Street, Third Floor, Harrisburg, Pennsylvania 17101.
(2) 1103 State Office Building, Broad and Spring Garden Streets, Philadelphia, Pennsylvania 19030.
(3) 805A State Office Building, 300 Liberty Avenue, Pittsburgh, Pennsylvania 15222.
(4) Scranton State Office Building, Third Floor, Scranton, Pennsylvania 18503.
(b) All forms, manuals and additional information may be obtained by contacting the Harrisburg office at the address listed in subsection (a)(1) or calling the Harrisburg office at (717) 787-5720.
§ 1.3. Applicability of general rules.
Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) applies to the activities of and proceedings before the Commission.
CHAPTER 3. APPOINTED OFFICIALS § 3.1. Executive Director.
(a) An Executive Director shall be appointed by the Secretary of the Commonwealth to act as the administrative officer to the Commission and have powers and duties provided in section 105 of the Athletic Code (relating to powers and duties of executive director).
(b) The Executive Director shall establish and maintain standard operating procedures for offices, ensure adherence to procedures and monitor operations of inspectors and officials.
(c) The Executive Director shall prepare, justify and administer the Commission budget.
(d) The Executive Director shall solicit items and prepare agendas for scheduled Commission meetings as well as attend the meetings, and shall also schedule and notify commissioners of the meetings.
(e) The Executive Director shall organize periodic training programs for judges, referees, inspectors and other licensees.
(f) The Executive Director shall disseminate to commissioners, inspectors and officials changes in the Commission's policies and procedures, personnel changes and other information pertinent to current operations.
(g) The Executive Director shall supervise and direct Commission staff, direct the issuance of Commission credentials and perform other duties as directed by the Commission. The Secretary of the Commonwealth or the Executive Director may designate Commission or Department staff to act on behalf of the Executive Director at events under the jurisdiction of the Commission.
(h) The Executive Director shall have the authority to approve or prohibit each proposed matching of boxers within this Commonwealth. Based upon the following criteria of each boxer:
(1) Win/loss record.
(2) Current boxing activity.
(3) Overall boxing experience.
(4) General health and safety, including, but not limited to, the following statutory provisions:
(i) Sections 708 of the Athletic Code (relating to suspension and revocation for injuries).
(ii) Section 711 of the Athletic Code (relating to limitation on difference in weights).
(i) The Executive Director, a commissioner or the Commission may use a videotape of a contest to review actions taken relating to a contest.
(j) The Executive Director shall rule on circumstances arising that are not addressed by this part and are not otherwise addressed in the Athletic Code that relate to the Commission's duties.
(k) The Executive Director will handle and decide initial complaints informally. If an individual is not satisfied with the remedy provided by the Executive Director, the individual may appeal the matter to the Commission. Appeals of decisions pertaining to a suspension of a permit or license shall be handled in accordance with sections 1301--1305 of the Athletic Code (relating to enforcement). Decisions of the Commission may be appealed in accordance with 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Chapter 35 (relating to formal proceedings).
§ 3.2. Inspectors.
(a) Inspectors shall be nominated by a commissioner or the Executive Director and approved by the Secretary. Inspectors shall be assigned by the Executive Director for the performance of duties under section 105(3) of the Athletic Code (relating to powers and duties of executive director).
(b) An inspector shall be empowered to act on behalf of the Commission only when specifically authorized by a commissioner or the Executive Director.
(c) The Executive Director will assign to each event under the Commission's jurisdiction as many inspectors as necessary for the proper regulation of the event and may designate a chief inspector.
(d) An inspector or the chief inspector in charge of an event shall be the official representative of the Commission and shall be responsible only to the Commission or the Executive Director. It is his duty and he shall have the authority to enforce the Athletic Code; and this part. It is his duty and he shall have the authority to enforce legislative and regulatory provisions pertaining to the collection of revenues that are due the Commonwealth, as outlined in section 916 of the Athletic Code (relating to gross receipts taxes).
(e) Subject only to the direction of a commissioner or the Executive Director, an inspector will have authority over the following:
(1) All phases of the weigh-in.
(2) Entrances to the site of the event, including the following:
(i) Press and pass entrances.
(ii) Entrances for participants, officials, Commission credential holders and employees.
(3) The ring and ringside, including the following:
(i) Press accommodations.
(ii) Radio accommodations.
(iii) Television accommodations.
(4) Dressing rooms of participants and officials.
(5) The counting and accounting for tickets, passes and credentials issued to individuals to attend specified events including the following:
(i) Working press passes.
(ii) Complimentary tickets.
(iii) Tickets of participants.
(vi) Commission credentials.
(vii) Promoter passes.
(6) The collection of insurance premiums due and payable on participants, and the documenting and reporting of accidents, injuries and illness of a licensee.
(7) The collection of fees, including the following:
(i) License fees.
(ii) Other moneys due the Commonwealth.
(8) The payment of purses and other moneys due participants and fees due officials.
(9) Matters generally under the jurisdiction of the Commission.
(f) Inspectors shall file with the Commission an official report of attendance, gross receipts, net receipts, fees and other moneys collected, names and pairings of participants, names of officials and results of contests as determined by official decision after each event under the jurisdiction of the Commission.
(g) An inspector shall file a detailed written report with the recommendations deemed appropriate, in the case of a violation or alleged violation of the Athletic Code.
(h) In case of the termination of a contest under the jurisdiction of the Commission by disqualification of one or more of the participants, and in other circumstances, upon recommendation and approval of the Commission or Executive Director, the inspector shall have the authority to impound moneys due the alleged offending parties pending action on the matter by the Commission.
(i) Inspectors may not remove, replace or interfere with the duties of a ringside official unless authorized to do so by the Executive Director.
(j) Inspectors shall report for duty promptly in accordance with their assignments and remain on duty until excused by the Executive Director. Only inspectors actually assigned or credentialed by the Executive Director to a given event shall by virtue of office be admitted, without charge, to that event.
§ 3.3. Physicians.
(a) A physician licensed to practice in this Commonwealth will be assigned by the Executive Director to every contest, weigh-in and exhibition. A physician so assigned in the case of professional events shall also be licensed by the Commission under sections 905(a) and 910 of the Athletic Code (relating to other licenses required; and standards for issuance of licenses and permits). In emergencies or unusual circumstances, the Commission may waive the requirement that the physician assigned be licensed under sections 905(a) and 910 of the Athletic Code. Physicians are not required to be licensed under the Athletic Code in the case of amateur events.
(b) The physician assigned to the weigh-in shall file a complete written report on each person examined upon a form prescribed by the Commission. Examinations shall be conducted in accordance with procedures prescribed by the Commission as approved by the Medical Advisory Board of the Commonwealth, which are set forth in the Medical/Safety Manual published by the Commission. Each boxer shall be so examined before the start of each event in which he is scheduled to participate, and may not participate if pronounced physically unfit by the examining physician.
(c) The physician assigned to an event shall be seated at the immediate ringside throughout the event and may not leave the ring untended while the event is in progress. An event may not commence or continue without an assigned physician in attendance. An assigned physician may not leave the premises of the event without notice to and approval of a commissioner, the Executive Director or an inspector. The physician shall remain on the premises after the event until satisfied that no further need of medical service remains.
(d) While on duty at an event, the assigned physician shall render emergency assistance inside and outside the ring to persons under the jurisdiction of the Commission and shall be especially prepared to minister to the injuries and illnesses that are to be anticipated under the circumstances of the event.
(e) The attending physician shall have full authority to determine and to pass upon the physical condition of participants and officials in the ring. For that purpose he shall have access to the ring at all times and shall be empowered to direct the referee to interrupt action pending determination of and decision upon the physical condition of a participant or official apparently in need of attention because of injury. The decision of the physician in attendance with respect to the ability of a participant or an official to continue in action shall be conclusive and shall be enforced by the referee in all cases. The attending physician shall be empowered to direct the referee to terminate action when a participant is evidently in jeopardy from exhaustion or punishment. In case of termination, there may be no resumption of action thereafter.
(f) In case of injury to a participant covered by insurance, the attending physician shall execute and file with the Commission the appropriate form of report for the injury to the insurance carrier on the form prescribed by the insurance carrier.
(g) When injury to or illness of a person occurs under the jurisdiction of the Commission, the attending physician shall have complete charge of the person while on the premises and shall be accorded the full cooperation of Commission personnel and licensees present.
(h) When a knockout or technical knockout of a boxer occurs, the attending physician shall follow up ministration in the ring, at ringside or in the dressing room and shall take measures and give instructions that may be appropriate. After the event, the attending physician shall complete a post-fight check on each boxer who competed in the event on the form prescribed by the Commission in the Medical/Safety Manual.
(i) The attending physician is empowered to inspect and pass upon first aid and safety equipment provided for the event and to inspect and pass upon equipment intended to be used by seconds in ministering to boxers.
(j) When it appears to a ringside physician that a boxer or referee is no longer safely able to continue competitive or official activity, the physician shall immediately so report to the Commission and recommend the temporary or the permanent retirement of the person if appropriate.
§ 3.4. Announcers.
(a) The Commission will license announcers of events under its jurisdiction, except that in emergencies and in the case of amateur events, competent unlicensed announcers may be used. The promoter or sponsor of the event shall assign announcers to events.
(b) Announcers shall be responsible to the Commission in the discharge of their duties and shall accept directions only from a commissioner or the Executive Director.
(c) The Commission will set fees payable to announcers assigned to serve at events. The promoters of professional events and the sponsors of amateur events shall pay the fees.
(d) An announcer assigned to an event shall remain at ringside while the event is in progress, shall maintain close liaison with a commissioner or the Executive Director during the period, and shall carefully follow the directions of a commissioner or the Executive Director at all times.
(e) Announcers shall be neatly and appropriately dressed while discharging their duties.
(f) Announcers shall display strict impartiality in word and action while serving at events under Commission jurisdiction.
(g) Announcers shall make neither special announcements nor introductions of persons other than participants and officials without first obtaining the approval of a commissioner or the Executive Director.
(h) The announcer shall announce from the ring at each event under the jurisdiction of the Commission the fact of jurisdiction, the names of the officials assigned to the event, the name and official weight before each contest of each participant and other pertinent information as directed by a commissioner or the Executive Director.
(i) Only an assigned announcer may make an announcement from the ring unless another person is specifically authorized by a commissioner or the Executive Director.
(j) The announcer shall promptly collect the official score card from the Executive Director or an inspector at the conclusion of each contest. The announcer shall announce the scoring by each official and the final decision reached. The announcer shall announce whether the decision is unanimous, a split decision or a draw at the end of contests other than the main events. In the event of a knockout or a technical knockout, the announcer shall announce the result and the time and the round of the termination of the contest.
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