Notice of Intent to Adopt Rules A copy of the proposed rules may be obtained at http://rules.wyo.gov Revised November 2016 1. General Information a. Agency/Board Name* b. Agency/Board Address c. City d. Zip Code e. Name of Agency Liaison f. Agency Liaison Telephone Number g. Agency Liaison Email Address h. Date of Public Notice i. Comment Period End Date j. Public Comment URL or Email Address: k. Program * By checking this box, the agency is indicating it is exempt from certain sections of the Administrative Procedure Act including public comment period requirements. Please contact the agency for details regarding these rules. 2. Legislative Enactment For purposes of this Section 2, “new” only applies to regular rules promulgated in response to a Wyoming legislative enactment not previously addressed in whole or in part by prior rulemaking and does not include rules adopted in response to a federal mandate. a. Are these rules new as per the above description and the definition of “new” in Chapter 1 of the Rules on Rules? No. Yes. Please provide the Enrolled Act Numbers and Years Enacted: 3. Rule Type and Information a. Provide the Chapter Number, Title, and Proposed Action for Each Chapter. Please use the Additional Rule Information form for more than 10 chapters, and attach it to this certification. Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed 1 4. Public Comments and Hearing Information a. A public hearing on the proposed rules has been scheduled. No. Yes. Please complete the boxes below. Date: Time: City: Location: b. What is the manner in which interested persons may present their views on the rulemaking action? By submitting written comments to the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ A public hearing will be held if requested by 25 persons, a government subdivision, or by an association having not less than 25 members. Requests for a public hearing may be submitted: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ c. Any person may urge the Agency not to adopt the rules and request the Agency to state its reasons for overruling the consideration urged against adoption. Requests for an agency response must be made prior to, or within thirty (30) days after adoption, of the rule, addressed to the Agency and Agency Liaison listed in Section 1 above. 5. Federal Law Requirements a. These rules are created/amended/repealed to comply with federal law or regulatory requirements. No. Yes. Please complete the boxes below. Applicable Federal Law or Regulation Citation: Indicate one (1): The proposed rules meet, but do not exceed, minimum federal requirements. The proposed rules exceed minimum federal requirements. Any person wishing to object to the accuracy of any information provided by the Agency under this item should submit their objections prior to final adoption to: To the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ 6. State Statutory Requirements a. Indicate one (1): The proposed rule change MEETS minimum substantive statutory requirements. The proposed rule change EXCEEDS minimum substantive statutory requirements. Please attach a statement explaining the reason that the rules exceed the requirements. b. Indicate one (1): The Agency has complied with the requirements of W.S. 9-5-304. A copy of the assessment used to evaluate the proposed rules may be obtained: By contacting the Agency at the physical and/or email address listed in Section 1 above. At the following URL: __________________________________________________________________ Not Applicable. 2 7. Additional APA Provisions a. Complete all that apply in regards to uniform rules: These rules are not impacted by the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j). The following chapters do not differ from the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j): ______________________________________________________________________________________________ (Provide chapter numbers) These chapters differ from the uniform rules identified in the Administrative Procedure Act, W.S. 16-3-103(j) (see Statement of Principal Reasons). ______________________________________________________________________________________________ (Provide chapter numbers) b. Checklist The Statement of Principal Reasons is attached to this Notice and, in compliance with Tri-State Generation and Transmission Association, Inc. v. Environmental Quality Council, 590 P.2d 1324 (Wyo. 1979), includes a brief statement of the substance or terms of the rule and the basis and purpose of the rule. If applicable: In consultation with the Attorney General’s Office, the Agency’s Attorney General representative concurs that strike and underscore is not required as the proposed amendments are pervasive (Chapter 3, Types of Rules Filings, Section 1, Proposed Rules, of the Rules on Rules). 8. Authorization a. I certify that the foregoing information is correct. Printed Name of Authorized Individual Title of Authorized Individual Date of Authorization 3 Additional Rule Information Revised November 2016 1. General Information a. Agency/Board Name* b. Agency/Board Address c. City d. Zip Code e. Name of Agency Liaison f. Agency Liaison Telephone Number g. Agency Liaison Email Address h. Program 2. Rule Type and Information, Cont. a. Provide the Chapter Number, Title, and Proposed Action for Each Chapter. Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed Chapter Number: Chapter Name: New Amended Repealed If Needed STATEMENT OF REASONS Mixed Martial Arts Board Regular Rules Promulgation March 9, 2018 Overview Statutory authority regulating mixed martial arts is established in Wyoming Statutes § 33-48-101 et seq. The Mixed Martial Arts Board initially promulgated its rules, Chapters 1 through 13, in March of 2013. On or about November 25, 2013, Governor Mead required all state agencies to reduce their Rules both in number and in length. The Mixed Martial Arts Board has reviewed all its rules in light of this mandate, and to make housekeeping and formatting changes to comply with the Secretary of State’s formatting requirements. Additionally, the Mixed Martial Arts Board has reviewed their Rules to ensure incorporation by reference of the necessary Office of Administrative Hearing Contested Case Procedures and the Office of Administration and Information’s Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records are incorporated into the Mix Martial Arts Rules. Lastly, the Board seeks to add new rules regulating Professional Bare Knuckle Fighting as a mixed martial art as defined in Wyo. Stat. § 33-48-101(h)(ii) and as such authority is mandated and delegated to the Board under Wyo. Stat. § 33-48-105. The general changes and additional new rules are as follows: Chapter 1 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements. Additionally, Chapters 3 (Responsibility), 4 (Improper Conduct, Foul, or Abusive Language Ejection), and 5 (Modification of Bout Results) were removed from this section and placed in the chapters which appropriately corresponded with each section. The registration per event for seconds was also reduced from $20 to $10. Chapter 2 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Two additional requirements for contestants were also added: (1) requiring contestants to submit bloodwork after the date of an unsanctioned bout before they can be approved to fight in a sanctioned bout, and (2) requiring female contestants to submit to a field pregnancy test on the day of their bout. 1 Chapter 3 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. The requirement for mandatory testing for championship contestants was also deleted. Chapter 4 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Chapter 5 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Chapter 6 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Additionally, warnings for a second on the apron was removed, grabbing the clavicle was removed as a foul, but a foul for outstretched fingers toward an opponent’s face or eyes was added. The weight allowance chart was also deleted as this is set by statute to follow the association of boxing commissions weight allowances (Wyo. Stat. § 33-48-117). TKOs by medical stoppage were added and defined. Storing results in a national database was also added. Chapter 7 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Additionally, the annual fee for promoters was increased from $100 to $250 and the event permit fee was increased from $300 to $500. The requirement for Board approval for permit applications filed in excess of 150 days in advance of the event was deleted. The requirement to reimburse substitutes even if they don’t compete was deleted. The rules relating to reporting convictions, judgments, and administrative proceedings was amended to delete requiring reporting of civil judgments and felony convictions and only require reporting of disciplinary actions related to by other promoter licensing jurisdictions. Chapter 8 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements. The reference to reimbursing substitutes was also deleted. 2 Chapter 9 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements. Chapter 10 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements. Chapter 11 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Additionally, proof of outside insurance from officials was added. Referee, judge, and inspector qualifications were amended to require completion of Board approved training completed every twenty four months. A provision was also added for selecting a referee in case of an emergency. The rules relating to reporting convictions, judgments, and administrative proceedings was amended to delete requiring reporting of civil judgments and felony convictions and only require reporting of disciplinary actions related to by other officials licensing jurisdictions. Inspector compensation was also amended from $200 plus travel and lodging reimbursement to a flat $500 per event. Chapter 12 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements as well as general housekeeping to clean up language in the rule. Additionally, the section on modification of bout results (deleted from Chapter 1) was moved and placed here. Most significantly, the Office of Administrative Hearing Contested Case rules were incorporated by reference and all rules duplicative of what is already contained therein were deleted. Chapter 13 Housekeeping changes were made to properly format this chapter in accordance with the Secretary of States formatting requirements. Additionally, the amount of promoter’s insurance coverage was increased from $2,500 to $5,000 per contestant. Chapter 14 Chapter 14 was added to address public records requests and to incorporate by reference the Office of Administration and Information’s Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records. 3 Chapter 15 Chapter 15 was added creating regulation over professional bare knuckle fighting. Bare Knuckle Fighting combines and incorporates the following recognized martial arts: boxing, Muay Thai, Greco-Roman wrestling, karate, judo, and folkstyle and freestyle wrestling. Bare Knuckle Fighting includes skill sets such as clinching, holding, hitting, striking with a closed fist, punching, and controlling the head, neck, arms, and upper body of opponents. Thus it is within the Mixed Martial Arts Board’s jurisdiction to regulate professional bare knuckle fighting under Wyo. Stat. § 33-48-105. The rules include regulations for ring and cage requirements, bout requirements, weight allowances and classifications, contestant illness, contestant attire, physician engagement with contestants during a bout, when contestants are deemed down, tactics deemed fouls, penalties for fouls, leaving the ring, and rendering bout decisions. 4 Chapter 1 Definitions and General Rules Section 1. Definitions. (a) Act. The Mixed Martial Arts Regulation Act beginning at Wyoming Statute § 33- 48-101. (b) Amateur. A contestant who has never competed as a professional in any combat sport. (c) Board. The Wyoming State Board of Mixed Martial Arts as defined by W.S. § 33- 48-101. (d) Bout. Match, exhibition, or contest between two contestants. (e) Contestant. Any individual who participates in a bout. (f) Event. A compilation of bouts that occur at one location during a single day. (g) Fraud. Any licensee who cheats, obtains money or some other benefit by deliberate and willful deception, or intentionally misrepresents facts. (h) Inspector. An official per W.S. § 33-48-110 assigned to carry out all duties as assigned by the Board. (i) Kick. A strike using the foot or feet. (j) Kickboxing. Engaging in techniques using the hands and feet. (k) Licensee. A person who has been granted a license or certificate pursuant to the Act or these rules. Licensee includes promoters, contestants, and officials (referees, judges, and inspectors). (l) Mixed Martial Arts. Unarmed combat involving the use, subject to any limitations set forth by the Act or Board rule, of a combination of techniques from different disciplines of the martial arts, including, without limitation, grappling, submission holds, kicking and striking. (m) Non-Sanctioned organization. An organization that is not governed by a state or tribal athletic commission. (n) Official. Any person who performs an official function during the supervision of a bout. This includes referees, judges, timekeepers, and inspectors. 1-1 (o) Professional. A contestant who has received any form of payment for competing in a combat sports event. (p) Promoter. Any person, association, corporation, or organization licensed by the Board to promote events. (q) Purse. Is a bout earning, a financial guarantee, or any other remuneration for which contestants are participating in a bout and includes the contestant's share of any payment received for radio broadcasting, television, or motion picture rights. (r) Renewal. The process of applying to renew a license or certificate as a promoter, contestant, or official. Each license or certificate is valid for one calendar year from the date of issuance. (s) Sanctioning Organization. An organization that sanctions professional bouts of kickboxing or mixed martial arts by a state or tribal athletic commission. (t) Second. A person registered with the Board to assist a contestant during a bout. To be registered, a second must pay to the Board fee per event of $10.00. (u) Tap Out. Forfeiting a bout by submitting to the opponent. Contestant signals this forfeiture by signaling with any part of their body by tapping it on their opponent or the ground. Section 2. Violations of Rules. Violations of any provision of these rules (Chapters 1 through 13) may result in disciplinary action authorized by the Act and these rules including, but not limited to, conditional licensure, licensure denial, suspension, or revocation and/or immediate ejection from the bout and event and a ban from future bouts and events. 1-2
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