November 9, 2011, Introduced by Senators ROBERTSON, GREEN, PAPPAGEORGE, HUNE, SMITH, YOUNG, RICHARDVILLE, PROOS, BRANDENBURG and GLEASON and referred to the Committee on Regulatory Reform.
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30,
31, 32, 33, 34, 35, 40, 41, 42, 43, 44, 45, 46, 47, 48, 50, 51, 52,
53, 54, 55, 56, 57, 58, 61, and 63 (MCL 338.3601, 338.3610,
338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630,
338.3631, 338.3632, 338.3633, 338.3634, 338.3635, 338.3640,
338.3641, 338.3642, 338.3643, 338.3644, 338.3645, 338.3646,
338.3647, 338.3648, 338.3650, 338.3651, 338.3652, 338.3653,
338.3654, 338.3655, 338.3656, 338.3657, 338.3658, 338.3661, and
338.3663), sections 1, 10, 11, 12, 20, 21, 31, 32, 33, 34, 35, 47,
48, 51, 53, 54, 55, 56, 57, and 58 as amended by 2007 PA 196 and
section 22 as amended by 2010 PA 100, and by adding section 23; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate certain forms of boxing; to create certain
commissions
and to provide certain the
Michigan boxing and mixed
martial arts commission and establish the powers and duties of the
commission and its executive director; to provide powers and duties
for certain state agencies and departments; to license and regulate
certain
persons individuals engaged in boxing, certain persons
connected
to the business of boxing, and certain persons or
conducting
certain contests and exhibitions; to confer immunity
under certain circumstances; to provide for the conducting of
certain
tests; to assess certain fees; to create certain funds; to
promulgate
to establish the boxing and
mixed martial arts fund and
provide for the use of the money in the fund; to authorize the
promulgation of rules; to provide for penalties and remedies; and
to repeal acts and parts of acts.
Sec. 1. This act shall be known and may be cited as the
"Michigan
unarmed combat "boxing
and mixed martial arts regulatory
act".
Sec. 10. As used in this act:
(a)
"Amateur" means a person any of following:
(i) Except as provided in subparagraph (ii), an individual who
is not competing and has never competed for a money prize or who is
not competing and has not competed with or against a professional
for a prize.
(ii) For a boxing contest, amateur
is a person an individual
who is required to be registered by USA boxing.
(b)
"Commission" means the Michigan unarmed combat boxing and
mixed martial arts commission created in section 20.
(c) "Complainant" means a person who has filed a complaint
with the department alleging that a person has violated this act or
a rule promulgated or an order issued under this act. If a
complaint
is made by the department, the director shall designate
complainant means 1 or more employees of the department designated
by the director to act as the complainant.
(d)
"Department" means the department of labor and economic
growth
licensing and regulatory
affairs.
(e) "Director" means the director of the department or his or
her designee.
(f) "Employee of the department" means an individual employed
by the department or a person under contract to the department
whose
duty it is to enforce the provisions of who is responsible
for enforcing this act or rules promulgated or orders issued under
this act.
(g) "Executive director" means the individual appointed under
section 23 as the administrator of the commission or his or her
designee.
(h) (g)
"Fund" means the Michigan
unarmed combat boxing and
mixed martial arts fund created in section 22.
(i) (h)
"Good moral character"
means good moral character as
determined
and defined in under 1974 PA 381, MCL 338.41 to 338.47.
(j) (i)
"Mixed martial arts"
means unarmed combat involving
that involves the use of a combination of techniques from different
disciplines
of the martial arts. and The
term includes grappling,
kicking,
jujitsu, and striking. , subject to limitations contained
in
this act and rules promulgated under this act.
Sec. 11. As used in this act:
(a) "Person" means an individual, corporation, limited
liability company, partnership, association, or other legal entity.
(b) (a)
"Physician" means that
term as defined in section
17001 or 17501 of the public health code, 1978 PA 368, MCL
333.17001 and 333.17501.
(c) (b)
"Prize" means something
offered or given of present or
future value to a participant in a contest, exhibition, or match.
(d) (c)
"Professional" means a
person an individual who is
competing or has competed in boxing or mixed martial arts for a
money prize.
(e) (d)
"Promoter" means any
person an individual who produces
or stages any professional contest or exhibition of boxing or mixed
martial
arts, or both. , but The
term does not include the a venue
where
the an exhibition or contest is being held unless the venue
contracts
with the individual promoter to be a co-promoter
copromoter.
(f) (e)
"Purse" means the
financial guarantee or any other
remuneration for which professionals are participating in a contest
or
exhibition. and includes the The term includes a professional's
share of any payment received for radio, television, or motion
picture rights.
(g) (f)
"Respondent" means a licensee or other person against
whom
a complaint has been is filed who may be a person who is or is
required
to be licensed under this act.
(h) (g)
"Rule" means a rule
promulgated under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(i) (h)
"School",
"college", or "university" does not include
an institution formed or operated principally to provide
instruction
in boxing, and martial
arts, or other sports.
Sec. 12. This act does not apply to any of the following:
(a) Professional or amateur wrestling.
(b) Amateur martial arts sports or activities.
(c) Contests or exhibitions that are conducted by or
participated in exclusively by an agency of the United States
government, or by a school, college, or university or an
organization composed exclusively of those entities, if each
participant is an amateur.
(d)
Amateur boxing regulated by under
the amateur sports act
of
1978, 36 USC 371 Ted Stevens
Olympic and amateur sports act, 36
USC 220501 to 220529.
(e)
Boxing elimination contests regulated by under section 50.
(f) Amateur mixed martial arts.
Sec.
20. (1) The Michigan unarmed combat boxing and mixed
martial
arts commission ,
consisting of is established
as an
autonomous agency within the department and shall exercise its
powers and functions independently of the department except for
budget, procurement, human resources, information technology, and
related administrative functions, which the department shall
provide for the commission. The department shall also provide
suitable offices, facilities, equipment, staff, and supplies for
the commission in the city of Lansing.
(2) The commission shall consist of the executive director, as
a nonvoting ex officio member of the commission, and 11 voting
members, appointed by the governor with the advice and consent of
the
senate , is created within the department. The director is
appointed
as a nonvoting ex officio member of the commission. A
majority
of the members appointed by the governor shall be
licensees
under this act. as follows:
(a)
Four of the members shall be
licensees who have
experience,
knowledge, or background in boxing. ,
and 4
(b)
Four members shall be licensees who have experience,
knowledge, or background in mixed martial arts.
(c)
Three members shall be who are members
of the general
public.
Budgeting, procurement, human resources, information
technology,
and related management functions of the commission
shall
be performed by the department.
(3) (2)
Except as otherwise provided in
this subsection, the
11 members appointed by the governor shall serve a term of 4 years.
Of
the initial members appointed under this act, the terms of 2 of
the
members shall be 4 years, the term of 2 of the members shall be
2
years, and the term of 3 of the members shall be 1 year. When so
designated
by the director, any board action taken on only a boxing
or
mixed martial arts matter shall only be considered by the
appropriately
licensed members and members of the general public.
The
terms of members Unless
removed by the governor under this
subsection, the members of the commission in office on the day
before the amendatory act that repealed section 62 shall continue
as members of the commission for the remainder of their terms.
Members
appointed by the governor are
subject to serve at the
pleasure of the governor.
(4) (3)
Five Subject to subsections
(5) and (6), 7 members of
the
commission constitute a quorum for the exercise of the
authority
conferred upon of the commission. except that after all
of
the additional members appointed as a result of the 2007
amendatory
act that added this clause, the quorum shall consist of
7
members. Subject to subsection
(2), a concurrence of subsections
(5)
and (6), approval by at least 4 of the
members, or a
concurrence
of by a majority of those members who have not
participated in an investigation or administrative hearing
regarding
a matter before the commission, is necessary to render a
decision
for action by the commission. In the case of proposed
board
action to be taken on a matter involving only boxing or only
mixed
martial arts and where only the members of the board
designated
for the particular sport are eligible to confer, the
quorum
shall be 4 members, 2 of whom shall be licensed under the
appropriate
sport. Under those circumstances, a concurrence of 3
members
is necessary to render a decision by the commission.
(5) All of the following apply if a proposed action of the
commission is designated by the executive director as related only
to boxing:
(a) The proposed action shall only be considered by the
commission members described in subsection (2)(a) and (c).
(b) The quorum requirement for consideration of the proposed
action is 4 members who are eligible to consider the action under
subdivision (a), 2 of whom are members described in subsection
(2)(a).
(c) Approval by at least 3 of the members who are eligible to
consider the action under subdivision (a) is required for the
commission to take that action.
(6) All of the following apply if a proposed action of the
commission is designated by the executive director as related only
to mixed martial arts:
(a) The proposed action shall only be considered by the
commission members described in subsection (2)(b) and (c).
(b) The quorum requirement for consideration of the proposed
action is 4 members who are eligible to consider the action under
subdivision (a), 2 of whom are members described in subsection
(2)(b).
(c) Approval by at least 3 of the members who are eligible to
consider the action under subdivision (a) is required for the
commission to take that action.
(7) (4)
A While serving as a member of the commission, an
individual shall not at any time during his or her service as a
member promote or sponsor any contest or exhibition of boxing, or a
combination of those events, or have any financial interest in the
promotion or sponsorship of those contests or exhibitions. The
commission
shall meet not less than 4 times per year, and upon on
request and at the discretion of the chair, the department shall
schedule additional interim meetings.
(8) (5)
Except as otherwise provided in section
sections 33(9)
and 63, the records of the commission are subject to disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(9) (6)
Meetings of the commission are
subject to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Sec.
21. A person An individual
who has a material financial
interest in any club, organization, or corporation, the main object
of which is the holding or giving of boxing or mixed martial arts
contests or exhibitions, is not eligible for appointment to the
commission.
Sec. 22. (1) The commission shall elect 1 of its members as
the chair of the commission.
(2) The commission may purchase and use a seal.
(3)
The director commission may promulgate rules for the
administration of this act but only after first consulting with the
commission.
department. The commission department may request that
the
department to commission promulgate a rule under section 38 of
the administrative procedures act of 1969, 1969 PA 306, MCL 24.238.
Notwithstanding the time limit provided for in section 38 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.238, the
department
commission shall respond in writing to any request for
rule
promulgating by the commission from
the department under this
subsection
within 30 calendar days after a the request.
The
response
shall include a reason and explanation for acceptance or
denial
of agreeing to or denying the request.
(4) (2)
The department commission shall promulgate rules to
include all of the following:
(a) Number and qualifications of ring officials required at
any exhibition or contest.
(b) Powers, duties, and compensation of ring officials.
(c) Qualifications of licensees.
(d) License fees not otherwise provided under this act.
(e) Any necessary standards designed to accommodate federally
imposed mandates that do not directly conflict with this act.
(f) A list of enhancers and prohibited substances, the
presence of which in a contestant is grounds for suspension or
revocation of the license or other sanctions.
(5) (3)
An unarmed combat The boxing
and mixed martial arts
fund
is created as a revolving fund in the state treasury. and
administered
by the director. The All of
the following apply to the
fund:
(a)
The commission shall use the money in
the fund, is to be
upon
appropriation, only used for the
costs of administration and
enforcement of this act and for any costs associated with the
administration of this act, including, but not limited to,
reimbursing the department or department of attorney general for
the
reasonable costs of services provided to the department
commission
under this act. Money remaining in
the fund at the end
of
the fiscal year and interest earned shall be carried forward
into
the next fiscal year and shall not revert to the general fund.
(b) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(c) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(d) The commission is the administrator of the fund for
auditing purposes.
(e) The department and commission shall deposit into the fund
all money received from the regulatory and enforcement fee, license
fees, event fees, and administrative fines imposed under this act,
and from any other source.
(6) (4)
Annually, the legislature shall fix
the per diem
compensation of the members of the commission. Travel or other
expenses incurred by a commission member in the performance of an
official function shall be payable by the department under the
standardized travel regulations of the department of technology,
management, and budget.
(7) (5)
The commission may affiliate with
any other state or
national boxing or mixed martial arts commission or athletic
authority. The commission, upon approval of the executive director,
may enter into any appropriate reciprocity agreements.
(8) (6)
The commission and department
are is vested with
management, control, and jurisdiction over all professional boxing
and
professional mixed martial arts contests or exhibitions to be
conducted,
held, or given within the in
this state. of
Michigan.
Except
for any contests or exhibitions a
contest or exhibition that
is exempt from this act, a person shall not conduct, hold, or give
a
contest or exhibition shall not be
conducted, held, or given
within
in this state except in compliance with this act.
(9) (7)
The requirements and standards
contained in standards
adopted by the New Jersey state athletic control board, N.J.A.C.
13:46-24A and 24B, as they may exist on February 20, 2005, entitled
the mixed martial arts unified rules, dated 2000, except for the
license fees described in those rules, are incorporated by
reference. Any requirements and standards incorporated by reference
in this subsection that are in conflict with the requirements and
standards of this act are considered superseded by the provisions
of this act. The executive director, in consultation with the
commission, may promulgate rules consistent with section 35 to
alter, supplement, update, or amend the standards incorporated by
reference under this subsection. Any references to the commission
in
the mixed martial arts unified rules shall mean the department.
commission. The standards contained in 13:46-24B.3 are not
incorporated by reference.
Sec. 23. (1) The executive director shall act as the
administrator of the commission. All of the following apply to the
executive director:
(a) The governor shall appoint the executive director with the
advice and consent of the senate.
(b) The executive director shall report directly to the
governor and serve at the pleasure of the governor.
(c) The executive director shall be a full-time employee of
the commission but shall not be a member of the state classified
civil service.
(d) The executive director is a nonvoting ex officio member of
the commission and is responsible for carrying out the powers and
duties of the commission under this act.
(2) The commission shall employ an administrative assistant
for the executive director. The administrative assistant shall be a
full-time employee of the commission.
Sec.
30. (1) A person An
individual shall not engage in or
attempt
to engage in an activity regulated under this act unless
the
person possesses without a license issued by the department or
commission
under this act, unless the person he or she is exempt
from licensure under this act.
(2) A person who violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 90 days, or both.
(3)
A person An individual who violates subsection (1) a
second or any subsequent time is guilty of a misdemeanor punishable
by a fine of not more than $1,000.00 or imprisonment for not more
than 1 year, or both.
(4)
Notwithstanding the existence and pursuit of any other
remedy,
an An affected person may maintain injunctive action in a
court of competent jurisdiction to restrain or prevent a person
from violating subsection (1). If successful in obtaining
injunctive
relief, the affected person shall be is entitled to
actual costs and attorney fees. As used in this subsection,
"affected person" means a person directly affected by the actions
of a person suspected of violating subsection (1) and includes, but
is not limited to, the commission, the department, or a member of
the general public.
(5)
An The commission may
conduct an investigation may be
conducted
by the department to enforce this
section.
(6)
A person who that violates
this section is subject to the
strictures
prescribed remedies and
penalties described in this
section and section 43.
(7) (6)
The remedies under this section are
independent and
cumulative. The use of 1 remedy by a person shall not bar the use
of other lawful remedies by that person or the use of a lawful
remedy by another person.
Sec. 31. By filing an application for a license, an applicant
does both of the following:
(a) Certifies his or her general suitability, character,
integrity, and ability to participate, engage in, or be associated
with boxing or mixed martial arts contests or exhibitions. The
burden of proof is on the applicant to establish to the
satisfaction
of the commission and the department that the
applicant is qualified to receive a license.
(b) Accepts the risk of adverse public notice, embarrassment,
criticism, financial loss, or other action with respect to his or
her application and expressly waives any claim for damages as a
result of any adverse public notice, embarrassment, criticism,
financial loss, or other action. Any written or oral statement made
by any member of the commission or any witness testifying under
oath that is relevant to the application and investigation of the
applicant is immune from civil liability for libel, slander, or any
other tort.
Sec.
32. A contest or exhibition regulated by under this act
and
not exempt from this act shall be
held or conducted in this
state
only under by the holder
of a promoter's license issued by
the
department as provided for in commission
under section 33.
Sec.
33. (1) An application for a promoter's license must
shall
be in writing and correctly show and
define the applicant.
include the name, street address, and telephone number of the
applicant.
(2) An applicant for a promoter's license must demonstrate
good moral character. If an applicant for a promoter's license is
denied
a license due to because
of a lack of good moral character,
the applicant may petition the commission for a review of the
decision under section 46.
(3)
Before an approval for a contest or exhibition is granted,
a
promoter must file a bond with the department The commission
shall not grant a promoter's license for a contest or exhibition if
the promoter does not provide a bond to the commission that meets
all of the following:
(a)
Is in an amount fixed by the department
but not less than
$20,000.00,
which bond shall be commission.
The commission shall
not require a bond with a principal amount that exceeds 5% of the
total purse for the contest or exhibition, or $20,000.00, whichever
is less.
(b) Is executed by the applicant as principal and by a
corporation
qualified under the laws of this state as surety. ,
(c)
Is payable to the state of Michigan , and conditioned upon
on the faithful performance by the applicant of the provisions of
this
act. The department shall annually adjust the amount of the
bond
based upon the Detroit consumer price index. The bond must be
(d)
Is purchased not less than at least 5
days before the
contest
or exhibition. and may
(e) May be used to satisfy payment for the professionals,
costs
to the department commission
for ring officials and
physicians, and drug tests.
(4) A promoter must apply for and obtain an annual license
from the department in order to present a program of contests or
exhibitions
regulated by under this act. The annual license fee is
$250.00.
The department commission shall request, and the applicant
shall
provide, such any information as it the commission determines
is necessary to ascertain the financial stability of the applicant.
Section 63 applies to any information provided by an applicant
under this subsection.
(5) A boxing promoter shall pay an event fee of $125.00. A
mixed martial arts promoter shall pay an event fee of $2,000.00.
(6)
There is imposed Each
promoter shall pay a regulatory and
enforcement
fee upon the promoter to assure the integrity of the
sports of boxing and mixed martial arts, the public interest, and
the
welfare and safety of the professionals. in the amount of The
amount of the fee is 3% of the total gross receipts from the sale,
lease, or other exploitation of broadcasting, television, and
motion
picture rights for an event, but not to exceed $25,000.00 or
$100,000.00 per contract, whichever is less, for a boxing or mixed
martial
arts events to which the event
that meets all of the
following: apply:
(a) If the event is a boxing event, the event is located in a
venue
with a seating capacity of over 5,000 more than 2,000
spectators.
(b) The promoter proposes to televise or broadcast the event
over any medium for viewing by spectators who are not present in
the venue.
(c) The event is designed to promote professional boxing or
mixed martial arts contests in this state.
(7)
At For purposes of
subsection (6) or at least 10 days
before the boxing or mixed martial arts event to which subsection
(6)
applies, the promoter shall submit the
contract subject to the
regulatory
and enforcement fee to the department, stating
commission for the purpose of determining the amount of the
regulatory and enforcement fee for that event. The contract shall
state the amount of the probable total gross receipts from the
sale,
lease, or other exploitation of broadcasting, television, and
or motion picture rights.
(8)
The commission shall deposit any money derived proceeds
from
the regulatory and enforcement fee shall be deposited
described
in subsection (6) into the fund. created
in section 22
and
used for the purposes described in that section.
(9)
A promoter shall, within Within
5 business days before a
boxing
or mixed martial arts contest or exhibition, convey to the
department
the promoter shall provide to
the commission an executed
copy
of the contract relative to that for the contest or
exhibition. The copy of the contract is exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246,
except that the department commission
may disclose
statistical information on the number, types, and amounts of
contracts
so long as if any information regarding identifiable
individuals or categories is not revealed.
(10)
Beginning June 23, 2005, The
commission may revoke a
promoter's
license is subject to revocation unless if the promoter
does not withhold or escrow at least 10% of the purse in a contest
or
exhibition, but not more than $10,000.00 per contestant, is
withheld
or escrowed until such time as the
results of the
postcontest
drug postexhibition test , as required
by this act,
under
section 48(4) are available to the department.
commission. If
the
drug test results confirm or demonstrate compliance with this
act,
the department commission shall issue an order allowing the
promoter to forward to the professional the amount withheld or
escrowed. If the results do not confirm or demonstrate compliance
with
this act, the department commission
shall serve a formal
complaint
on the professional under section 44(2), 44 and the
department
commission shall issue an order to the promoter
requiring
that the promoter to forward the amount withheld
or
escrowed
to the department. Upon commission,
and on receipt, the
department
commission shall deposit the money into the fund. If
after a hearing the professional is found in violation of the act,
the professional shall forfeit the amount withheld from the purse
and
the professional is subject to the penalties prescribed in
under section 48. However, if the formal complaint is dismissed or
any final order issued as the result of the complaint is
overturned,
the department commission shall issue a refund to the
professional for the amount withheld.
(11) Subsection (10) does not prohibit a licensed promoter
from including a provision in a contract with a professional that
requires the promoter to withhold 10% of the purse in a contest or
exhibition
until such time as the postcontest drug results of the
postexhibition
test results required under section 48(4) are
available
to the department commission.
Sec. 34. (1) The executive director, in consultation with the
commission, may promulgate rules for the application and approval
process for promoters. Until the rules are promulgated, the
applicant shall comply with the standards described in subsection
(2).
(2) The rules regarding the application process described in
subsection (1) shall include at least the following:
(a) An initial application processing fee sufficient to cover
the costs of processing a boxing or mixed martial arts promoter's
license,
but not less than at least
$250.00.
(b) A requirement that the applicant provide background
information
be disclosed by concerning
the applicant, who
if the
applicant
is an individual, or by
concerning the principal officers
or
members of and individuals having each individual who has at
least
a 10% ownership interest in the case of any other legal
entity,
applicant, if the applicant
is a person who is not an
individual
with emphasis on the applicant's his or her business
experience.
(c) Information from the applicant concerning past and present
civil lawsuits, judgments, and filings under the bankruptcy code
that are not more than 7 years old.
(d) Any other relevant and material information considered
necessary
by the executive director upon after consultation with
the commission.
(3)
The department commission may consult with the commission
department on issues related to the determination of an applicant's
financial
stability. and shall refer the application to the
commission
if clear and convincing grounds for approval of the
financial
stability aspect of the application do not exist.
(4) As part of the approval process for promoters, the
commission
may require that the applicant or his or her a
representative
to be of the applicant is present at a the
commission meeting in which the application is considered.
Sec.
35. The executive director, in after consultation with
the commission, shall promulgate rules to set standards for boxing
and mixed martial arts exhibitions and participants and to provide
for license fees for all participants in the activities regulated
by this act that are not otherwise provided for in this act,
including, but not limited to, license fees for a physician,
physician's assistant, nurse practitioner, referee, judge,
matchmaker, timekeeper, professional, contestant, or manager or a
second of any of those persons.
Sec.
40. A complaint which that
alleges that a person has
violated this act or a rule promulgated or an order issued under
this
act shall be lodged with the department. submitted to the
commission. The department of attorney general, the department, the
commission, or any other person may file a complaint.
Sec.
41. (1) The department, upon receipt of When it receives
a
complaint, the commission shall immediately shall begin its an
investigation of the allegations of the complaint and shall open a
correspondence
file. The department commission
shall make a written
acknowledgment
of the complaint within 15 days after receipt of the
it
receives a complaint to the person making
who made the
complaint.
If the a complaint is made by the department,
commission, the executive director shall designate 1 or more
employees
of the department commission
to act as the person making
the complaint.
(2)
The department commission shall conduct the an
investigation
required under subsection (1). In furtherance of As
part
of that investigation, the department
commission may request
that the attorney general petition a court of competent
jurisdiction to issue a subpoena requiring a person to appear
before
the department commission and be examined with reference to
a matter within the scope of the investigation and to produce
books, papers, or documents pertaining to the investigation.
(3)
The investigative unit of the department, commission,
within
30 days after the department commission
receives the
complaint, shall report to the executive director on the status of
the investigation. If, for good cause shown, the commission cannot
complete
an investigation cannot be completed
within in 30 days,
the
executive director may extend the time in which a report
may be
filed
that 30-day period.
(4)
If the report of the investigative unit of the department
commission does not disclose a violation of this act or a rule
promulgated or an order issued under this act, the commission shall
close
the complaint. shall
be closed by the department. The
commission shall forward the reasons for closing the complaint
shall
be forwarded to the respondent and
complainant, who then may
provide additional information to reopen the complaint.
(5)
If the a report of the investigative unit made pursuant to
under subsection (3) discloses evidence of a violation of this act
or a rule promulgated or an order issued under this act, the
department
commission or the department of attorney general shall
prepare the appropriate action against the respondent, which may be
any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension subject to sections 42 and
48(7).48(6).
(6)
At any time during its investigation or after the issuance
of
a formal complaint is issued, the department commission
may
bring together the complainant and the respondent for an informal
conference.
At the informal conference, the department commission
shall attempt to resolve issues raised in the complaint and may
attempt to aid the parties in reaching a formal settlement or
stipulation.
Sec.
42. (1) After it conducts an investigation, has been
conducted,
the department commission may issue an order summarily
suspending
a license based on an affidavit by a person an
individual familiar with the facts set forth in the affidavit, or,
if
appropriate, based upon on
an affidavit on information and
belief, that an imminent threat to the integrity of the sport, the
public
interest, and or the welfare and safety of a professional
exists.
Thereafter, the proceedings described in this chapter shall
be
promptly commenced and decided.
(2)
A person whose license has been is
summarily suspended
under
this section may petition the department commission to
dissolve
the order. Upon receiving When
it receives a petition, the
department
commission shall immediately shall schedule a hearing
before an administrative law hearings examiner to decide whether to
grant
or deny the requested relief dissolve
the order.
(3)
An At the hearing
described in subsection (2), an
administrative
law hearings examiner shall grant the requested
relief
dissolving dissolve the summary suspension order, unless
sufficient evidence is presented that an imminent threat to the
integrity
of the sport, the public interest, and or the welfare and
safety of a professional exists that requires emergency action and
continuation
of the department's commission's
summary suspension
order.
(4)
The record created at the a
hearing described in
subsection (2) to dissolve a summary suspension order shall become
part
of the record on the complaint at a any subsequent
hearing in
a contested case on the complaint.
(5) A summary suspension of a professional under section 48(6)
for refusal or failure to submit to a drug test or for the presence
of controlled substances, enhancers, prohibited drugs, or other
prohibited
substances , as described in section 48(7), shall
proceed under this section.
Sec.
43. (1) After an investigation has been is conducted
under this chapter, the executive director may order a person to
cease and desist from a violation of this act or a rule promulgated
or an order issued under this act.
(2) A person ordered to cease and desist may request a hearing
before
the department if commission
by filing a written request for
a
hearing is filed within 30 days after the effective date of the
order.
(3)
Upon a violation of If a cease and desist order issued
under this act is violated, the department of attorney general may
apply to a court of competent jurisdiction to restrain and enjoin,
temporarily or permanently, or both, a person from further
violating
a the cease and desist order.
Sec. 44. (1) A summary suspension order, cease and desist
order,
or injunctive relief issued or granted in relation to
concerning a license is in addition to and not in place of an
informal
conference; criminal prosecution; or proceeding to deny,
revoke, or suspend a license; or any other action authorized by
this act.
(2)
After an investigation has been described
in subsection
(1)
is conducted and a formal complaint
prepared, the department
commission
shall serve the formal complaint upon
on the respondent
and
the complainant. At the same time, the department commission
shall serve the respondent with a notice describing the compliance
conference and hearing process and offering the respondent a choice
of
1 of the following opportunities options:
(a)
An opportunity to meet participate
in an informal
conference
under section 41(6) with the department
commission to
negotiate a settlement of the matter.
(b)
If the respondent is a licensee or registrant under this
act,
an opportunity to demonstrate its
compliance prior to holding
a
with this act or rules
promulgated or orders issued under this
act before the contested case hearing is held.
(c)
An opportunity to proceed to a with
the contested case
hearing.
(3)
A If a respondent upon whom service of is served with a
formal
complaint has been made pursuant to under this section, the
respondent may select, within 15 days after the receipt of
receiving the notice described in subsection (2), 1 of the options
described
in that subsection. (2). If a respondent does not select
1
of those options within the that
15-day time period, described
in
this
section, then the department commission shall proceed to a
with
the contested case hearing as described
in subsection (2)(c).
(4)
An informal conference may be attended by a member of the
commission,
at the discretion of that commission, and under
subsection (2)(a) may result in a settlement, consent order,
waiver,
default, or other method of settlement agreed upon to by
the
parties and the department. commission.
A settlement may
include the revocation or suspension of a license; censure;
probation;
restitution; or a penalty provided for in under section
48.
The If the commission may reject does not agree to a settlement
and
require under this
subsection, it may proceed with a
contested
case hearing under subsection (2)(c).
(5)
An employee of the department commission
may represent the
department
commission in any contested case hearing under this
section.
(6)
This chapter does not prevent a person against whom which
a
complaint has been is filed from showing compliance with this act
or
a rule promulgated or an order promulgated or issued under this
act under subsection (2)(b).
(7) If an informal conference described in subsection (4) is
not held or does not result in a settlement of a complaint, the
department
commission shall allow the respondent an administrative
hearing.
A hearing under this section may be attended by a member
of
the commission.
(8)
The department commission or the department of the
attorney general may petition a court of competent jurisdiction to
issue
a subpoena which shall require that
requires the person
subpoenaed to appear or testify or produce relevant documentary
material for examination at a proceeding.
Sec. 45. (1) At the conclusion of a hearing conducted under
section 44(7), the administrative law hearings examiner shall
submit a determination of findings of fact and conclusions of law
to
the department commission and the department of the attorney
general
and the commission, in a hearing report. The submitted
hearing
report may recommend the penalties to be assessed as
prescribed
imposition of 1 or more of
the remedies described in
section 48.
(2)
A The commission shall
provide a copy of a hearing report
shall
be submitted described in
subsection (1) to the person who
that
made the complaint and to the person
against whom which the
complaint
was lodged submitted.
(3)
Within 60 days after receipt of it
receives an
administrative law hearings examiner's hearing report under
subsection (1), the commission shall meet and make a determination
of
the penalties to be assessed remedies
it intends to impose under
section 48. The commission's determination shall be made on the
basis
of the administrative law hearings examiner's report. A The
hearings examiner shall make a transcript of a hearing or a portion
of
the transcript shall be made available to the commission upon on
request. If a transcript or a portion of the transcript is
requested,
the commission's commission
shall make its determination
of
the penalty or penalties to be assessed remedies it intends to
impose
under section 48 shall be made at
a meeting held within 60
days
after receipt of a it
receives the transcript or portion of
the transcript.
(4)
If the commission does not determine
the appropriate
penalty
or penalties to be assessed within the time limits
prescribed
by subsection (3), the make
its determination within
that 60-day period, the executive director may determine the
appropriate
penalty remedy and issue a final order.
(4) (5)
A member of the commission who has
participated in an
investigation
or administrative hearing on a complaint filed with
the
department under this chapter
or who has attended an informal
conference shall not participate in making a final determination in
a proceeding on that complaint.
Sec. 46. (1) A person seeking a license or renewal under this
act
may petition the department and the commission for a review if
that person does not receive a license or renewal.
(2)
A person shall submit a petition submitted under described
in
subsection (1) shall be in
writing. and shall set forth The
petition
shall include the reasons the
petitioner feels the
licensure
or renewal should be issued believes
the commission
should grant the license or renewal.
(3)
In considering a petition submitted under subsection (1),
the
department and (2), the commission may administer an
alternative form of testing to the petitioner or conduct a personal
interview with the petitioner, or both.
(4)
The department commission may issue a license or renewal
if, based on a review of the qualifications of the person who
submitted
a petition under subsection (1), the department and (2),
the
commission determine determines
that the person could can
perform the licensed activity with competence.
(5)
Notwithstanding any other provision of this act, if a
written
grievance was lodged before the effective date of this act
against
a person licensed under an act repealed by this act, the
proceedings
on that grievance shall be conducted in the manner
prescribed
in the repealed act.
Sec.
47. (1) The department commission
shall initiate an
action under this chapter against an applicant or take any other
allowable action against the license of any contestant, promoter,
or
other participant who the department if the commission
determines
has done that applicant or
licensee meets any of the
following:
(a) Enters into a contract for a contest or exhibition in bad
faith.
(b) Participates in any sham or fake contest or exhibition.
(c) Participates in a contest or exhibition pursuant to a
collusive understanding or agreement in which the contestant
competes or terminates the contest or exhibition in a manner that
is
not based upon on honest competition or the honest exhibition of
the skill of the contestant.
(d) Is determined to have failed to give his or her best
efforts, failed to compete honestly, or failed to give an honest
exhibition of his or her skills in a contest or exhibition.
(e) Is determined to have performed an act or engaged in
conduct that is detrimental to a contest or exhibition, including,
but not limited to, any foul or unsportsmanlike conduct in
connection with a contest or exhibition.
(f) Gambles on the outcome of a contest or exhibition in which
he or she is a contestant, promoter, matchmaker, ring official, or
second.
(g) Assaults another licensee, commission member, or
department
commission employee while not involved in or while
outside the normal course of a contest or exhibition.
(h) Practices fraud or deceit in obtaining a license.
(2)
The department commission, in consultation with the
commission
department, shall promulgate rules to provide for both
of the following:
(a) The timing of drug tests for contestants.
(b) Specific summary suspension procedures for contestants and
participants who test positive for drugs, or fail to submit to a
drug
postexhibition test, under section 48(4). The rules shall
include all of the following:
(i) A procedure to allow the department commission to place the
licensee
upon on the national suspension list maintained by the
association of boxing commissioners.
(ii) An expedited appeal process for the summary suspension.
(iii) A relicensing procedure following summary suspension.
(3)
An employee of the department commission
must be present
at all weigh-ins, medical examinations, contests, exhibitions, and
matches to ensure that this act and rules promulgated under this
act are strictly enforced.
(4)
Each promoter shall furnish each member of the commission
present
at a contest or exhibition a seat in the area immediately
adjacent
to the contest or exhibition. An additional seat shall be
provided
in the venue.
(4) (5)
The commission chair , or a
commission member or
employee
assigned by the chair ,
or a department official
designated
by the commission chair shall have
final authority
involving any conflict at a contest, exhibition, or match and shall
advise the chief inspector in charge accordingly. In the absence of
the
chair, an assigned member, or a department official or a
commission member or employee designated by the commission chair,
the
chief inspector in charge shall be has the final decision-
making authority described in this subsection.
Sec.
48. (1) Upon receipt of If
it receives an application for
reinstatement
and the payment of an any administrative fine
prescribed by the commission, the commission may reinstate a
revoked license or lift a suspension. If disciplinary action is
taken against a person under this act that does not relate to a
contest or exhibition, the commission may, in lieu of suspending or
revoking
a license, prescribe an administrative fine not to in an
amount that does not exceed $10,000.00. If disciplinary action is
taken against a person under this act that relates to the
preparation for a contest or an exhibition, the occurrence of a
contest or an exhibition, or any other action taken in conjunction
with a contest or an exhibition, the commission may prescribe an
administrative
fine in an amount not to that
does not exceed 100%
of the share of the purse to which the holder of the license is
entitled for the contest or exhibition or an administrative fine
not
to that does not exceed $100,000.00 in the case of to any
other
person.
This The commission may prescribe
an administrative fine
may
be imposed under this
subsection in addition to, or in lieu
of,
any
other disciplinary action that is taken the commission takes
against
the that person. by the commission.
(2)
If an administrative fine is imposed under this section,
subsection (1), the commission may recover the costs of the
proceeding, including investigative costs and attorney fees. The
department
commission or the attorney general may bring an action
in a court of competent jurisdiction to recover any administrative
fines, investigative and other allowable costs, and attorney fees.
The filing of an action to recover fines and costs does not bar the
imposition of other sanctions or remedies under this act.
(3)
An employee of the department commission, in consultation
with any commission member present, may issue an order to withhold
the
a purse for 3 business days due to if there is a violation of
this
act or a rule promulgated under this act. During that 72-hour
time period, the commission may convene a special meeting to
determine
if the action of the its employee of the department was
warranted. If the commission determines that the action was
warranted,
the department commission shall offer to hold an
administrative hearing as soon as practicable but within at least 7
calendar days after the special meeting.
(4) A professional or participant in a professional contest or
exhibition shall submit to a postexhibition test of body fluids to
determine the presence of controlled substances, prohibited
substances,
or enhancers. The department commission
shall
promulgate rules to set requirements regarding preexhibition tests
of body fluids to determine the presence of controlled substances,
prohibited substances, or enhancers.
(5) The promoter is responsible for the cost of the testing
performed under this section.
(6) Either of the following is grounds for summary suspension
of
the individual's license in the manner provided for in under
section 42:
(a) A test resulting in a finding of the presence of
controlled substances, enhancers, or other prohibited substances as
determined by rule of the commission.
(b) The refusal or failure of a contestant to submit to the
drug testing ordered by an authorized person.
Sec.
50. (1) Boxing A boxing elimination contests in which
contest
that meets all of the following apply
are is exempt from
this act:
(a) The contestants compete for prizes only in elimination
contests and are not also professional boxers competing in 4 or
more rounds of nonelimination boxing.
(b) Each bout is scheduled to consist of 3 or fewer 1-minute
rounds, with contests conducted on no more than 2 consecutive
calendar days.
(c) Competing contestants are prohibited from boxing for more
than 12 minutes on each contest day.
(d) The contestants participating in the elimination contest
are insured by the promoter for all medical and hospital expenses,
to
be paid payable to the contestants to cover injuries sustained
in the contest.
(e) A physician is in attendance at ringside and the physician
has authority to stop the contest for medical reasons.
(f) All contestants pass a physical examination given by a
physician, a licensed physician's assistant, or a certified nurse
practitioner before the contest.
(g) A preliminary breath test is administered to each
contestant
which and the test indicates a blood alcohol content of
.02% or less.
(h) The promoter conducts the elimination contest in
compliance with all of the following:
(i) A contestant who has lost by a technical knockout is not
permitted to compete again for a period of 30 calendar days or
until the contestant has submitted to the promoter the results of a
physical examination equivalent to that required of professional
boxers.
(ii) The ringside physician examines a contestant who has
been
is
knocked out in an elimination contest
or whose fight has been is
stopped by the referee because he or she received hard blows to the
head that made him or her defenseless or incapable of continuing
immediately after the knockout or stoppage. The ringside physician
may recommend that post-fight neurological examinations, which may
include computerized axial tomography (CAT) scans or magnetic
resonance
imaging (MRI), to be are performed on the contestant
immediately after the contestant leaves the location of the
contest. The promoter shall not permit the contestant to compete
until a physician has certified that the contestant is fit to
compete. If the physician recommended further neurological
examinations, the promoter shall not permit the contestant to
compete until the promoter receives copies of examination reports
demonstrating that the contestant is fit to compete.
(iii) The promoter requires that a contestant who has
sustained
sustains
a severe injury or knockout in an
elimination contest be
is examined by a physician. The promoter shall not permit the
contestant
to compete until the physician has certified certifies
that the contestant has fully recovered.
(iv) The promoter does not permit a contestant to compete in an
elimination
contest for a period of not less than at least 60 days
if
he or she has been is knocked out or has received receives
excessive
hard blows to the head that required caused the referee
to
stop the fight. to
be stopped.
(v) A contestant who has been is knocked
out twice in a period
of
3 months or who has had excessive head blows causing a fight to
be stopped is not permitted by a promoter to participate in an
elimination
contest for a period of not less than at least 120 days
from
after the second knockout or stoppage.
(vi) A contestant who has been is knocked
out or had has
excessive hard blows to the head causing the referee to stop a
fight
to be stopped 3 times consecutively in a period of 12 months
is not permitted by a promoter to participate in an elimination
contest
for a period of 1 year from after
the third knockout.
(vii) Before resuming competition after any of the periods of
rest
prescribed in required
under subparagraphs (iv), (v), and (vi),
a promoter requires the contestant to produce a certification by a
physician stating that the contestant is fit to take part in an
elimination contest.
(2)
As part of the physical examination given before the a
boxing elimination contest described in subsection (1), the
physician, licensed physician's assistant, certified nurse
practitioner, or other trained person shall administer a
preliminary
breath test in compliance that
complies with standards
imposed in rules promulgated by the department of state police
regarding equipment calibration and methods of administration. The
promoter shall keep a log of a contestant's preliminary breath test
results
of contestants on file at its place of business for at
least
3 years after the date of administration of the test. These
The
promoters shall make those test results
shall be made available
to
law enforcement officials upon on
request.
Sec. 51. (1) A physician, licensed physician's assistant,
certified nurse practitioner, referee, judge, matchmaker,
timekeeper, professional boxer, contestant, or manager, or a second
of those persons, shall obtain a participant license from the
department
commission before participating either directly or
indirectly in a contest or exhibition.
(2) An application for a participant license shall be in
writing, shall be verified by the applicant, and shall set forth
those facts requested by and conform to the rules promulgated by
the
department commission.
(3)
The department commission shall issue a passport with each
professional contestant's license.
(4)
The commission, or a Any member of the commission , has
standing
to contest the issuance or nonissuance of a decision by
the commission to grant or deny an exhibition or other license, by
written
or electronic communication to the department commission.
Sec.
52. (1) A person The
commission may require that an
individual seeking a license under this act as a judge or referee
may
be required to satisfactorily pass
an examination or training
program
acceptable to the department commission.
(2)
A person The commission
shall not grant a license to an
individual seeking a license under this act as a judge, referee, or
contestant
shall if he or she does
not pass a physical examination
that is performed by a licensed physician, a licensed physician's
assistant,
or a certified nurse practitioner acceptable to the
department
and the commission.
(3)
Until the expiration of 1 year after the effective date of
this
act, the department During
the 1-year period after the
effective date of the amendatory act that repealed section 62, the
commission shall issue an equivalent license without an examination
to
a any person who is licensed in any capacity by the department
under
former article 8 of the occupational code, 1980 PA 299, this
act
on the effective date of this act
upon application that
amendatory act and applies to the commission for an equivalent
license
on a form provided by the department
commission.
Sec.
53. (1) In addition to the requirements of section 52, a
person
an individual seeking a license as a professional referee,
judge,
or timekeeper shall must referee, judge, or keep time for a
minimum of 300 rounds of amateur competitive boxing to be eligible
for that license. To the extent standards are not contained in the
mixed martial arts unified rules incorporated by reference under
section
22(7), 22(9), the department commission shall promulgate
rules
establishing standards for a person an individual seeking
licensure
a license as a mixed martial arts professional referee,
judge, or timekeeper.
(2)
After a person has If an
individual successfully completed
the requirements of section 51(2) and subsection (1), the
department
commission may issue the person a license to that
individual.
Sec.
54. (1) In addition to the requirements of section 53, a
person
an individual seeking a license as a professional judge
shall
must score, unofficially, not fewer than 200 rounds of
professional boxing to be eligible for that license. In order to
fulfill the requirements of this subsection, an applicant shall
only unofficially judge contests that are approved by the
commission for that purpose. An applicant shall not receive
compensation for judging boxing contests or exhibitions under this
subsection.
Scorecards shall be transmitted to the department and
The promoter shall transmit scorecards to the commission for review
and evaluation for purposes of this subsection.
(2) To the extent standards are not contained in the mixed
martial arts unified rules incorporated by reference under section
22(7),
22(9), the department commission shall promulgate
rules
establishing
experience standards for a person seeking licensure a
license as a mixed martial arts professional judge.
(3)
An employee authorized by the department or the commission
shall complete a standardized evaluation sheet for each contest or
exhibition judged by a licensee. The commission shall annually
review the evaluation sheets. A commission member attending a
contest
or exhibition may also submit to the department commission
a standardized evaluation sheet.
Sec. 55. (1) A promoter shall insure each professional
participating
in a contest or exhibition shall be insured by the
promoter
for not less than at least $50,000.00
for medical and
hospital
expenses, to be paid payable to the contestant to
cover
injuries
sustained in the contest, and for not less than at least
$50,000.00
to be paid payable in accordance with the statutes of
descent and distribution of personal property if the contestant
should
die dies as a result of injuries received in a boxing
contest or exhibition.
(2) A promoter shall pay the policy premium and deductible
regarding any medical or hospital expenses for a contestant's
injuries.
Sec. 56. (1) A professional boxing contest or exhibition shall
be
of not more than exceed 10
rounds, in length, except that a
boxing
contest or exhibition which that
involves a national or
international
championship may last not more than up to 12 rounds
in the determination of the department. The contestants shall wear
during a contest gloves weighing at least 8 ounces each. Rounds
shall
be not longer than exceed
3 minutes, with not less than 1-
minute
at least 1 minute of rest between rounds.
(2) A professional or participant in a contest or exhibition
shall be certified to be in proper physical condition by a licensed
physician, a licensed physician's assistant, or a certified nurse
practitioner before participating in a contest or exhibition. The
department
shall designate any commission
by rule may require a
specific
medical test that may be required or tests to
determine if
the individual is in proper physical condition.
Sec.
57. (1) A The promoter
shall ensure that a licensed
physician
shall be in attendance at attends
each contest or
exhibition. The physician shall observe the physical condition of
the contestants and advise the referee or judges with regard to the
health of those contestants. The physician shall examine each
contestant
before entering he or she
enters the ring.
(2)
The licensed physician described
in subsection (1) shall
file with the commission the report of the physical examination of
a
each contestant not later than within 24
hours after termination
of
the contest or exhibition ends.
(3)
If, in the opinion of the a
physician described in
subsection
(1), the health or safety of a
contestant requires that
the termination of the contest or exhibition in which he or she is
participating, be
terminated, the physician shall notify the
referee .
The and the referee shall terminate the contest or
exhibition.
Sec. 58. (1) If a contestant or participant loses
consciousness during or as a result of a contest or exhibition in
which
he or she participates, he or she shall not again be is not
eligible to participate in a contest or exhibition in this state
unless
until he or she is examined by a physician appointed by the
commission
and unless the that physician certifies the contestant's
or participant's fitness to participate in that contest or
exhibition.
(2)
The contestant or participant shall pay the cost of the an
examination conducted under subsection (1).
Sec.
61. (1) Except as rescinded, rules Rules promulgated
under
former article 8 of the occupational code , 1980 PA 299, MCL
339.801
to 339.814, retain authorization under this act.and in
effect on February 20, 2005 remain in effect until rescinded or
otherwise changed in the manner provided by law.
(2) Rules promulgated by the department or director and in
effect on the effective date of the amendatory act that repealed
section 62 remain in effect until rescinded or otherwise changed in
the manner provided by law.
Sec.
63. This act does not take effect unless House Bill No.
4336
of the 92nd Legislature is enacted into law.A record or
portion of a record, material, information, or other data received,
prepared, used, or retained by the commission under this act that
includes a trade secret or commercial, financial, or proprietary
information of a licensee or license applicant, and that the
licensee or applicant requests in writing be treated as
confidential by the commission, is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. As used in this
section, "trade secret or commercial, financial, or proprietary
information" means information that has not been publicly
disseminated or that is unavailable from other sources, the release
of which might cause the licensee or applicant significant
competitive harm.
Enacting section 1. Section 62 of the Michigan unarmed combat
regulatory act, 2004 PA 403, MCL 338.3662, is repealed.
Enacting section 2. This amendatory act takes effect January
1, 2012.