523 CMR 20.00 — Prohibited acts; disciplinary actions

cmr-523-20.00523 CMR 20.00Regulation

523 CMR: STATE ATHLETIC COMMISSION

523 CMR 20.00: PROHIBITED ACTS; DISCIPLINARY ACTIONS

Section

523 CMR 20.00 Prohibited acts; disciplinary actions

20.01 Administration or Use of Alcohol, Stimulants, Drugs or Injections; Urinalysis or Chemical Tests;

20.01: Administration or Use of Alcohol, Stimulants, Drugs or Injections; Urinalysis or Chemical Tests; Disciplinary Action

20.02 Solicitation to Conduct Fraudulent Contest or Exhibition: Duty of Licensee to Report Such

20.02: Solicitation to Conduct Fraudulent Contest or Exhibition: Duty of Licensee to Report Such Solicitation Immediately; Disciplinary Action for Failure to Report

20.03 Grounds for Disciplinary Action

20.03: Grounds for Disciplinary Action

20.04 Licensees Prohibited from Engaging in Activities that Bring Disrepute to Unarmed Combat

20.04: Licensees Prohibited from Engaging in Activities that Bring Disrepute to Unarmed Combat

20.05 Suspension of License on Ground of Moral Turpitude

20.05: Suspension of License on Ground of Moral Turpitude

20.06 Suspension by Another Jurisdiction May Be Honored by Commission

20.06: Suspension by Another Jurisdiction May Be Honored by Commission

20.07 Licensees Prohibited from Dealing with Persons Whose Licenses Are Suspended or Revoked

20.07: Licensees Prohibited from Dealing with Persons Whose Licenses Are Suspended or Revoked

20.08 Effect of Suspension or Revocation of Certain Licenses

20.08: Effect of Suspension or Revocation of Certain Licenses

20.09 Penalties for Certain Violations

20.09: Penalties for Certain Violations

20.10 Disciplinary Action for Dishonored Check

20.10: Disciplinary Action for Dishonored Check

20.11 Knockouts

20.11: Knockouts

20.01 Administration or Use of Alcohol, Stimulants, Drugs or Injections; Urinalysis or Chemical Tests;

20.01: Administration or Use of Alcohol, Stimulants, Drugs or Injections; Urinalysis or Chemical Tests; Disciplinary Action (1) The Commission adheres to the Prohibited List published by the World Anti-doping Agency for anti-doping standards. Use of any substance identified on the Prohibited List by any unarmed combatant licensed or seeking licensure by the Commission is prohibited. (The Prohibited List may be obtained by logging on to the World Anti-Doping Agency website: http://www.usada.org/substances/prohibited-list/). (2) Preparations to Stop Hemorrhaging. The Commission will periodically review the preparations available to stop hemorrhaging. Only the preparations which are approved by the Commission may be used to stop hemorrhaging in the ring or fenced area. Use of Monsel’s solution and silver nitrate are prohibited. (3) Substance Testing. Acting with reasonable cause or through random selection, the Commission or its designee may require, at any time either before or after a match, an unarmed combatant to undergo a test for use of illegal drugs or other performance enhancing substances as identified on the Prohibited List issued by the World Anti-doping Agency. If any sample of an unarmed combatant tests positive for any such substance, or if any unarmed combatant fails to cooperate in the testing process, it shall be grounds for immediate suspension or revocation of their license and may result in forfeiture of a related match.

20.02 Solicitation to Conduct Fraudulent Contest or Exhibition: Duty of Licensee to Report Such

20.02: Solicitation to Conduct Fraudulent Contest or Exhibition: Duty of Licensee to Report Such Solicitation Immediately; Disciplinary Action for Failure to Report When any person who is licensed by the Commission is approached with a request or suggestion that a contest or exhibition not be conducted honestly, that person must immediately report the matter to the Commission. Failure to do so is a ground for disciplinary action.

20.03 Grounds for Disciplinary Action

20.03: Grounds for Disciplinary Action The Commission may suspend or revoke the license of, otherwise discipline or take any combination of such actions against a licensee who has, in the judgment of the Commission: (1) Violated the laws of the Commonwealth of Massachusetts, except for minor traffic violations; (2) Violated any provision of 523 CMR or M.G.L. c. 147; (3) Provided false or misleading information to the Commission or a representative of the Commission; (4) Failed or refused to comply with a valid order of a representative of the Commission;

20.03 continued

20.03: continued (5) Conducted themselves at any time or place in a manner which is deemed by the Commission to 1/27/17 (Mass. Register #1331)

523 CMR: STATE ATHLETIC COMMISSION

reflect discredit to unarmed combat; (6) Knowingly dealt or consorted with any person who: (a) Engages in illegal bookmaking; (b) Is a reputed underworld character; (c) Is under suspension from any other Commission; (d) Engaged in any activity or practice that is detrimental to the best interests of unarmed combat; or (e) Had personal knowledge that an unarmed combatant suffered a serious injury during training for a contest or exhibition and failed or refused to inform the Commission about that serious injury. (7) Failed to execute the duties of their position in a skillful, professional manner generally expected of an individual holding that position. (8) Sustained injury or abuse during a fight such that suspension of the unarmed combatant's license is necessary in the interest of protecting their physical welfare. Suspension under this provision may be issued without the provision of a hearing. The unarmed combatant may appeal such action at any time during the period of the suspension and request a hearing.

20.04 Licensees Prohibited from Engaging in Activities that Bring Disrepute to Unarmed Combat

20.04: Licensees Prohibited from Engaging in Activities that Bring Disrepute to Unarmed Combat A person licensed by the Commission shall not engage in any activity that will bring disrepute to unarmed combat, including, but not limited to, associating with any person or entity if such an association brings disrepute to unarmed combat.

20.05 Suspension of License on Ground of Moral Turpitude

20.05: Suspension of License on Ground of Moral Turpitude A license issued by the Commission may be suspended if the holder is arrested or convicted on a charge involving moral turpitude.

20.06 Suspension by Another Jurisdiction May Be Honored by Commission

20.06: Suspension by Another Jurisdiction May Be Honored by Commission The Commission shall honor the suspension of a licensee by an agency that regulates unarmed combat in another jurisdiction if the suspension is ordered for: (1) Medical safety; (2) A violation of a law or regulation governing unarmed combat which also exists in the Commonwealth of Massachusetts; or (3) Any other conduct which discredits unarmed combat, as determined by the Commission.

20.07 Licensees Prohibited from Dealing with Persons Whose Licenses Are Suspended or Revoked

20.07: Licensees Prohibited from Dealing with Persons Whose Licenses Are Suspended or Revoked A person who is licensed by the Commission shall not have any dealings related to unarmed combat with any person whose license has been suspended or revoked by the Commission.

20.08 Effect of Suspension or Revocation of Certain Licenses

20.08: Effect of Suspension or Revocation of Certain Licenses (1) Every promoter and matchmaker shall take notice of the bulletins of suspension sent out by the Commission and shall not permit any person under suspension to take any part as a participant or in arranging or conducting contests or exhibitions during the period of suspension. (2) A person whose license has been suspended or revoked by the Commission shall refrain from participating in or matchmaking or holding contests or exhibitions during the period of suspension or after the revocation.

523 CMR: STATE ATHLETIC COMMISSION

20.08 continued

20.08: continued (3) A person whose license has been suspended or revoked is barred from: (a) The dressing rooms at the premises where any program of unarmed combat is being held; (b) Occupying any seat within six rows of the ring platform or, if the program is being held in a fenced area, within six rows of the platform of the fenced area; (c) Approaching within six rows of seats from the ring platform or, if the program is being held in a fenced area, within six rows of seats of the platform of the fenced area; and (d) Communicating in the arena or near the dressing rooms with any of the principals in the contests or exhibitions, their managers, their seconds or the referee, whether directly or by a messenger, during any program of unarmed combat. A person who violates a provision of 523 CMR 20.08(3) may be ejected from the arena or building where the program is being held, and the price paid for his or her ticket refunded to him or her upon his or her presentation of the ticket stub at the box office. Thereafter, they are barred entirely from all premises used for contests or exhibitions while the programs are being held. (4) If a license issued by the Commission has been suspended because the holder used dishonest methods to affect the outcome of any contest or exhibition or because of any conduct reflecting serious discredit upon unarmed combat, the Commission will not reinstate the license for at least six months in the case of a first offense. In the case of a second offense, the holder’s license will be revoked. (5) A manager who is under temporary suspension is considered to have forfeited all rights in the Commonwealth of Massachusetts under the terms of any contract with an unarmed combatant licensed by the Commission. Any attempt by a suspended manager to exercise those contract rights will result in a permanent suspension of his or her license. The license of any unarmed combatant, matchmaker or promoter who continues to engage in any contractual relations with a manager whose license has been suspended by the Commission may be indefinitely suspended. (6) An unarmed combatant whose manager has been suspended may continue competing independently during the term of that suspension, signing their own contracts for contests or exhibitions. Payment of the earnings of an unarmed combatant may not be made by any promoter to a manager who is under suspension, or to their agent, but the purse must be paid in full to the unarmed combatant. (7) Revocation of a manager’s license automatically cancels all their contract rights in this State under any contracts with unarmed combatants made under the authority of the Commission. If such a revocation occurs, an unarmed combatant may operate independently and enter into contracts for his or her own contests or exhibitions, or he or she may enter into contracts with other managers licensed by the Commission.

20.09 Penalties for Certain Violations

20.09: Penalties for Certain Violations Pursuant to M.G.L. c. 147, § 42, the Commission may assess an administrative penalty not to exceed $2,000 for each violation of M.G.L. c. 147, §§ 32 through 45, or 523 CMR committed by an individual required to be licensed under 523 CMR or required to be licensed.

20.10 Disciplinary Action for Dishonored Check

20.10: Disciplinary Action for Dishonored Check The Commission may fine a licensee or deny, suspend or revoke a license if the licensee delivers a check to the Commission that is not honored by the financial institution upon which it is drawn.

523 CMR: STATE ATHLETIC COMMISSION

20.11 Knockouts

20.11: Knockouts In accordance with M.G.L. c. 147, § 39A, an unarmed combatant who has been knocked out in a bout shall be immediately suspended for at least 30 days. The period of suspension may exceed 30 days if deemed appropriate in the interests of the safety of the licensee. Said action may be taken by the Commission without provision of a hearing in accordance with 523 CMR 21.00: Disciplinary Proceedings. REGULATORY AUTHORITY 523 CMR 20.00: M.G.L. c. 147, § 46.

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