Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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58 Pa. Code § 3.2. Inspectors.

§ 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.

Authority

   The provisions of this §  3.2 amended under the Athletic Code, 5 Pa.C.S. §  103(b)(1).

Source

   The provisions of this §  3.2 adopted March 11, 1946; amended through November 1, 1966; amended November 10, 1978, effective November 11, 1978, 8 Pa.B. 3094; amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2443. Immediately preceding text appears at serial pages (251515) to (251517).

Notes of Decisions

   A deputy commissioner is assigned to each wrestling event by the Commission and his duties include collection of all fees. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).

   A license to promote wrestling may not be revoked for failure to pay the physician’s fee when there exists no published regulation setting a definite and proper amount of payment. Tattrie v. State Athletic Commission, 521 A.2d 970 (Pa. Cmwlth. 1987).



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