Public Notice of Direct Final Rulemaking. Rhode Island Government Register. Rhode Island Department of Business Regulation

Transcription

1 Public Notice of Direct Final Rulemaking Rhode Island Government Register AGENCY: DIVISION: Rhode Island Department of Business Regulation Division of Gaming and Athletics RULE IDENTIFIERS: ERLID: 866 REGULATION TITLE: 230-RICR Formerly Racing and Athletics Regulation 1 Boxing RULEMAKING ACTION: Proposed Rulemaking TYPE OF FILING: Amendment TIMETABLE FOR ACTION ON THE PROPOSED RULE: Date of Public Notice: July 5, 2018 End of Comment Period: August 4, 2018 SUMMARY OF PROPOSED ACTION ON THE RULE: DBR is proposing to amend its regulations to reformat in accordance with the new Rhode Island Code of Regulations (RICR) requirements, reorganize for better readability, remove provisions related to internal administrative processes and matters covered by other laws that do not require codification in these regulations, and otherwise clean-up the regulations. This proposal also includes substantive clarifications and codifications to update the regulations consistent with current practices and policies. The below points briefly highlight the ways in which the proposed amendment achieves the above-listed purposes. 1. Incorporation by Reference and Deletion of Repeated Content. The amendment would add Section 1.3 Incorporated Materials to incorporate by reference certain sources of law and model rules in a manner compliant with the new RICR format requirements. Specifically, in addition to the Rhode Island state laws on boxing regulation found in R.I. Gen. Laws et seq., regulated boxing activities must comply with the federal Professional Boxing Safety Act, 15 U.S.C. 6301, and the specifically incorporated uniform/model standards promulgated by the Association of Boxing Commissions ( ABC ), a non-profit organization comprised of U.S. state and tribal representatives that regulate professional boxing, with an organizational mission to promote the uniformity of health and safety standards and other requirements pertaining to the conduct of combat sports events. With the incorporation of the applicable sources of law and uniform/model standards, DBR conducted a regulatory review to consider deletion of regulatory content that unnecessarily repeats the content of such sources. For example, all of the following regulatory content was identified as appropriate for deletion due to coverage of the same by the ABC uniform/model

2 standards: time, number of matches, protective equipment, forbidden tactics, scoring, weight classes, gloves, knockdown and counts, ring and equipment, and referee powers Codification and Clarification of Current Requirements. For ease of compliance, the amendment codifies and clarifies status quo requirements as described below. a. Definitions. While deleting several self-explanatory definitions, the amendment also adds definitions for important terms used in the original regulation (announcer, manager, matchmaker, second/order); defines the new term Boxing Event Medical Professional as a part of a clean-up to clarify the medical professionals that require licensing at a boxing event; and clarifies the definition of promotor to reduce potential confusion. b. Event Applications. The amendment codifies and clarifies an important requirement for event applications - the submission of a bout sheet that shows the match information the Division reviews in advance of the event. c. Inspector Licensing. The amendment codifies the current requirements for the inspector licensing process. d. Reference to Hearing Procedures. While deleting an unnecessary reference to a statutory provision on disciplinary action, the amendment provides a helpful reference to the applicable regulation for the DBR hearing procedures. 3. Business Friendly and Public Safety Updates a. Event Licensing i. The proposed amendment lifts regulatory restrictions on boxing events in Rhode Island to permit general admission ticketed events and service of drinks in plastic cups (in addition to paper cups). ii. iii. The amendment also updates application requirements by removing the event application notarization requirement, as well as by providing event promoters additional flexibility to allow submission of event applications up to 14 days before a scheduled event (a business-friendly change from the prior requirement that the event application be submitted at least 30 days before the scheduled event). DBR s regulatory review also identified the potential to improve internal efficiency in the event application approval process by updating the regulation to allow the Gaming and Athletics Division, which remains subject to the DBR Director s oversight to process routine event applications without always requiring Director review and signature. 1 Some of these ABC-covered sections also unnecessarily repeated state statutory provisions. Other examples of deleted unnecessarily repeated content include: the closed-circuit television section which was replaced with a brief cross reference to the relevant state statutory section; and the boxer identification card requirements and license disqualifications and exceptions which were found to repeat self-executing federal law requirements.

3 b. Individual Participant Licensing/Registration. i. The proposed amendment lifts certain licensing/registration requirements for individuals participating in boxing events by: (a) removing the registration of information for matchmakers and announcers who otherwise do not require licensure; and (b) codifying an exception for the common situation of a licensed boxer to act as a second/corner to another boxer at a different boxing event without requiring an additional license application. ii. The proposed amendment adds the requirement that a copy of a managercompetitor contract be submitted to confirm the claimed manager-competitor relationship. This is for the public safety purpose of preventing the potential unauthorized access of people into secure Event areas without legitimate credentials. c. Insurance and Bond Requirements. The proposed amendment codifies existing insurance and bond specifications, thereby providing clarity and reliability for existing and potential businesses. The updates in both areas are consistent with industry-wide best practices and the regulatory framework of our New England neighbors. Updates include: (a) specification of the death benefit amount and terms; (b) removal of uncertainty regarding health insurance deductible payments; and (c) codification of existing bond requirements and recovery terms. d. Medical Examinations, Drug Testing and Record Keeping. The proposed amendment incorporates and clarifies essential information from separately existing forms, thus eliminating the need for businesses to consult multiple and potentially confusing documents. Updates to the medical requirements include codification of existing practices for competitors over the age of thirty-five, an overall reduction in the amount of conflicting language, specification of the nationally-recognized source of authority used to determine prohibited substances, codification of existing practices for prohibited substance violations and enhanced confidentiality specifications. The proposed amendment also makes updates with respect to medical examination by a nurse practitioner or physician s assistant acting under the supervision of a licensed physician. WHERE AMENDMENTS MAY BE INSPECTED: A copy of the proposed amendments will be available from July 5, 2018, through August 4, 2018, to view in person or by request by at the addresses below. Electronic copies of the proposed amendment will also be available on the DBR website at and Secretary of State s at Rhode Island Department of Business Regulation Attention: Jenna Giguere Department of Business Regulation 1511 Pontiac Ave, Bldg 68-1 Cranston, RI (401)

4 COMMENTS: All interested persons are invited to submit written comments concerning the proposed regulation by August 4, 2018, to Jenna Giguere, Esq. at the address above. PUBLIC HEARING INFORMATION: In accordance with R.I. Gen. Laws , an opportunity to present oral comments will be granted if requested by twenty-five (25) persons, by an agency or by an association having at least twenty-five (25) members. Any request for a public hearing must be received by the Department within ten (10) days of this notice. FOR FURTHER INFORMATION CONTACT: Jenna Giguere, at (401) or at the or mailing address listed above. SUPPLEMENTARY INFORMATION: Regulatory Analysis: Any small business impact is POSITIVE. The amendments improve ease of compliance by clarifying points of potential confusion for regulated parties, codifying existing positions and practices, and eliminating non-essential content. Authority for This Rulemaking: R.I. Gen. Laws Regulatory Findings: In the development of the proposed amendment consideration was given to: (1) alternative approaches; (2) overlap or duplication with other statutory and regulatory provisions; and (3) significant economic impact on small business. No alternative approach, duplication, or overlap was identified based upon available information. The Proposed Amendment: Consistent with the above Summary of Proposed Action on Rule, DBR proposes to amend 230-RICR as specifically shown in the attached redlined document.

5 230-RICR TITLE DEPARTMENT OF BUSINESS REGULATION CHAPTER 30 COMMERCIAL LICENSING SUBCHAPTER 30 GAMING AND ATHLETICS PART 1 - Boxing 1.1 Authority These rules and regulations governing boxing (hereinafter referred to as the "Rules") are adopted pursuant to the authority granted in R.I. Gen. Laws et seq. (the "Act"), specifically including rulemaking authority under , and in accordance with the requirements of the federal Professional Boxing Safety Act of 1996, 15 USC 6301 through 6313 (the "Federal Act"). 1.2 Purpose A. These Rules are adopted to assist the Department of Business Regulation in carrying out the administration and enforcement of the terms and provisions of the Act and the Federal Act. In the development of these Rules, the Department s policy purposes are relied upon the underlying policies and purposes of the Act and the Federal Act, including, without limitation, the following: 1. To protect the health, safety and well-being of the competitors; 2. To protect and promote the integrity of events for the benefit of the consuming public; and 3. To protect the collection of the tax levied upon events by the State of Rhode Island. B. Accordingly, tthese Rules shall be liberally construed and applied to effectuate and promote the Act s and Federal Act's underlying policies and purposesstated policy purposes. To the extent that any part of these Rules is inconsistent with the Act or Federal Act or fails to address a matter contained within the Act or Federal Act, or is inconsistent with other applicable law or the terms of any other rule or regulation promulgated by the Department, then the Federal Act, the Act, other applicable law and/or the terms of such other rule or regulation shall be deemed to apply, in that order.

6 1.3 Incorporated Materials A. These regulations hereby adopt and incorporate by reference the federal Professional Boxing Safety Act, Chapter 89 of Title 15 of the U.S. Code, 15 U.S.C (hereinafter the Federal Act ). B. R.I. Gen. Laws expressly recognizes the standards, rules, regulations, handbooks, or other standards and procedures governing boxing as approved by the Association of Boxing Commissions ( ABC ). The ABC is a non-profit organization comprised of U.S. state and tribal representatives that regulate professional boxing, with an organizational mission to promote the uniformity of health and safety standards and other requirements pertaining to the conduct of sports events. These regulations hereby adopt and incorporate by reference the following publications by the ABC: 1. ABC Regulatory Guidelines ABC Unified Boxing Rules ABC Referee Rules and Guidelines. C. 1.3 of this Part does not automatically include later amendments to or editions of the incorporated material; however, the Department may periodically update this 1.3 of this Part to re-incorporate the most recent version of the material incorporated through rulemaking including without limitation direct final rulemaking. 1.4 Definitions When used in these Rules, the following words, except as otherwise required by the context, shall have the following meaning: "Act" means R.I. Gen. Laws et seq. Announcer means a person who announces information at an Event, including particularly introducing and giving information about athletes competing in an Event and announcing results and scores of an Event. "Boxing" means any form of boxing or other similar sport in which blows are delivered with the hands to another Competitor in a Contest, Match or Exhibition. "Boxing Commission" means an entity authorized under state law to regulate Professional Boxing Matches. Boxing Event Medical Professional means duly licensed Physicians and persons qualified to assist the Physician (including nurse practitioners, first aid

7 instructors, and/or resuscitators/emts) participating in an Event pursuant to R.I. Gen. Laws "Boxing Registry" means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of Professional Boxers. "Closed Circuit Television" means any telecast of an Event which is not intended to be available for viewing without the payment of a fee, collected for or based upon each event viewed, for the privilege of viewing the telecast and includes the terms "pay per view". "Competitor" means an athlete participant in a Contest, Match or Exhibition. "Contest" and "Match" are synonymous, may be used interchangeably and mean an Event between two (2) Competitors in which the Competitors strive in good faith to win. "Department" means the Department of Business Regulation. "Director" means the Director of the Department of Business Regulation. "Division" means the Division of Gaming & Athletics of the Department of Business Regulation. "Event" or "Events" means a Contest, Match or Exhibition taking place within the State of Rhode Island where Professional Boxers display or exhibit Boxing, but does not include those events specifically exempted by the provisions of R.I. Gen. Laws "Exhibition" means an Event in which the Competitors show or display their skills without necessarily striving to win. "Judge" means a Person to be licensed by the Department who attends the Event and who has the responsibility of scoring or judging the performance of the Competitors in the Event. "License" includes the whole or part of any Department license, permit, certificate, approval, registration or similar form of permission required by law as a condition of conducting a Match. "Licensee" means any holder of a License. "Person" means any individual, partnership, corporation, limited liability company, association, sole proprietorship, public or private organization or any other entity however formed.

8 "Manager" means a person who receives compensation for service as an agent or representative of a boxer. "Matchmaker" means a person who, on behalf of the Promotor, proposes, selects, and arranges the boxers to participate in a professional boxing match. "Physician" means an individual currently licensed to practice medicine in the State of Rhode Island and who has been licensed by the Department for the Event. "Professional Boxer" means one who competes for a money prize or purse by engaging in Boxing. "Promotor" means any entity or person who produces or stages any professional Contest or Exhibition. any Person to be licensed with the Department who arranges, advertises, produces, stages or conducts an Event. "Referee" means a Person to be licensed with the Department who has the general supervision of the Event and is present inside the ring during the Event. "Second" or "Corner" means a trainer or coach authorized to assist a contestant within the dressing room or alongside the combat area in preparation for, during the course of, or after the conclusion of such contestant's bout. "Regular Business Hours" means the regular business hours of the Department of 8:30 a.m. to 4:00 p.m. Monday through Friday. 1.5 Licenses A. Licenses-Event 1. No Event shall take place or be conducted unless the Promotor of the Event has applied for and received a license from the Department (the "Event License"). The application form (the "Event Application") shall be supplied by the Division, upon request, during Regular Business Hours. An Event Application shall be received by the Division at least thirty (30)fourteen (14) days prior to the date of the scheduled Event. The Event Application shall be completed in full, shall be in compliance with and include all of the information required by R.I. Gen. Laws and (a), and shall also include the following: a. Proof of compliance with R.I. Gen. Laws with respect to ring equipment; b. Compliance with R.I. Gen. Laws with respect to the filing of a surety bond in the amount determined to be satisfactory to the Division;Proof of insurance and bond as required by 1.7 and 1.8 of this Part;

9 c. A copy of the approval of the city or town authorities where the Event is to be held, pursuant to R.I. Gen. Laws ; and d. An application fee in the amount as specified by the Division; and. e. Bout Sheet listing information about the Competitors and the opponents with which they are matched, as requested by the Division in the course of its review of the Event License Application. 2. Upon receipt of an Event Application, the Division shall review the Event Application to determine if it is in compliance with the requirements of the Act and these Rules. In connection therewith, the Division may require that the Promotor submit such additional information as the Division may deem necessary to enable it to complete its evaluation of the Event Application. If the Division determines that the Event Application is in compliance with the requirements of the Act and these Rules, the Division shall recommend to the Director that the Event License be issued to the Promotor. If the Director agrees with the recommendation of the Division, the Director shall issue the Event License. If the Director disagrees with the recommendation, the Director shall deny the Event License. If the Division determines that the Event Application is not in compliance with the requirements of the Act and these Rules, the Division shall recommend to the Director that the Event License be denied. If the Director agrees with the Division recommendation, the Event License shall be denied. If the Director disagrees with the recommendation of the Division, the Director shall issue the Event License. 3. In making his/herits determination as to whether to issue or deny the Event License, the Director Division may in his/herits sole discretion take into account any factors which he/sheit deems appropriate, including, without limitation, whether a substantially similar event has been licensed in this or any other state; whether there exist generally accepted standards and criteria for the conduct and scoring of such events; and whether there exist generally recognized sanctioning bodies for events of such kind. In addition, the Director Division reserves the right to place such conditions on the grant of an Event License as the Director Division deems necessary and reasonable pursuant to these Rules, the Act and the Federal Act. The Promotor may appeal any decision of the Director to the Racing and Athletics Hearing Board in accordance with R.I. Gen. Laws et seq. 4. If issued, the Event License shall be considered conditional and not deemed valid until the holder of the Event License files with the Division a sworn supplementary application (the "Supplementary Application") updating the original Event Application pursuant to the terms and provision

10 of R.I. Gen. Laws (b). The Supplementary Application shall also contain such additional information as the Division may request. B. Licenses-Competitors 1. No Person shall be a Competitor in a Boxing Event unless licensed by the Department at least twenty-four (24) hours prior to the starting time for the first Match or Exhibition (the "Competitor License"). The application form for the Competitor License (the "Competitor Application") shall be supplied by the Division during Regular Business Hours. The Competitor Application shall be complete in all respects and shall be in compliance with and include all the information required by R.I. Gen. Laws et seq(a). 2. Upon receipt of a Competitor Application, the Division shall review it pursuant to the same procedures outlined in 1.4(A)(2) of this Part. As part of the review conducted pursuant to 1.4(A)(2) of this Part, and in addition to the prohibitions contained in the Federal Act, no license shall be granted to a Professional Boxer who: a. Has lost six (6) or more consecutive fights; or b. Fails, in the sole discretion of the Department to receive a satisfactory physician's certification.; or Is under suspension from any Boxing Commission due to: (1) A recent knockout or series of consecutive losses; (2) An injury, requirement for a medical procedure, or physician denial of certification; (3) Failure of a drug test; or (4) The use of false aliases, or falsifying or attempting to falsify, official identification cards or documents. The Department, in its sole discretion, may allow a Professional Boxer who is under suspension in any state, for any reason other than those listed immediately above, to participate in an Event if the Department notifies in writing and consults with the designated official of the suspending state's Boxing Commission prior to the grant of the license for such individual or if the Professional Boxer appeals to the Association of Boxing Commissions (as used in the Federal Act) and the Association of Boxing Commissions determines the suspension of such Professional Boxer was without sufficient grounds, for an improper purpose or not related to the health and safety of the Professional Boxer.

11 3. If issued, the Competitor License shall be conditional and not deemed valid until the holder of the Competitor License files with the Division a sworn supplementary application (the "Competitor Supplementary Application") updating the original Competitor Application pursuant to the terms and provisions of R.I. Gen. Laws (b). The Competitor Supplementary Application shall also contain such additional information as the Division may request. Notwithstanding the foregoing to the contrary, no Competitor Supplementary Application shall be required when the Competitor Application has been filed within the time frames established by R.I. Gen. Laws (b). C. Additional Boxing License Types. Pursuant to R.I. Gen. Laws , the Division also licenses Managers and Seconds; Referees, Judges, Timekeepers; and Boxing Event Medical Professionals. Applicants for such license types shall file applications on forms designated by the Division which forms shall include the following specific requirements: 1. Manager Contract Requirement. Persons applying as Managers must submit a copy of their contractual arrangement with a Competitor demonstrating that the person falls within the definition of Managers delineated in 1.4 of this Part. D. Licensed Inspectors. The Division may designate and assign licensed inspector(s) as its authorized representative(s) to evaluate the suitability of the proposed premises or equipment for an Event pursuant to R.I. Gen. Laws and to monitor the Event, Competitors, and other participants subject to these Regulations for compliance with the Act and these Regulations. Every licensed inspector shall perform his/her duty at the direction of the Division and report actionable violations to the Division in accordance with reporting directions given by the Division. Any prospective inspector is required to file a license application on forms designated by the Division. No licensed inspector shall hold any direct or indirect financial interest in any Event, Competitor, or other participant licensed under these Regulations. E. Participants Not Requiring Special Licensing 1. Matchmakers and Announcers. Matchmakers and announcers may participate in a Boxing Event without being licensed. It shall be the responsibility of the Event Licensee to ensure that these unlicensed Persons comply with the Act and these Rules. These Persons must register with the Division by supplying their name, address, telephone number and social security number. 2. Athlete Competitors Acting as Corners/Seconds. All athlete Competitors must fill out the athlete Competitor application form. An athlete Competitor who also seeks to act as a Corner/Second at an Event in which the athlete Competitor is not personally competing may receive

12 approval from the Division to do so by indicating such intent on his or her athlete application. However, under no circumstances may a person licensed as a Corner/Second become licensed as an athlete Competitor without filling out the requisite forms for the athlete Competitor application. Licenses Physicians, First Aid Instructors, Practical Nurses. No Person shall act as a physician, first aid instructor, practical nurse or in any other medical capacity at an Event unless licensed by the Department (the "Medical License"). Licenses Referees. No Person shall act as a referee at an Event unless licensed by the Department (the "Referee License"). The application form for a Referee License (the "Referee Application") shall be supplied by the Division during Regular Business Hours. The Referee Application shall be complete in all respects. Licenses Judges. No Person shall act as a judge at an Event unless licensed by the Department (the "Judge License"). The application form for a Judge License (the "Judge Application") shall be supplied by the Division during Regular Business Hours. The Judge Application shall be complete in all respects. Licenses Timekeepers, Managers, Trainers, Seconds. No Person shall act as a timekeeper, manager, trainer or second unless licensed by the Department. The application form for the foregoing positions shall be supplied by the Division during Regular Business Hours 1.6 TerminationLicense Duration; Suspension and Revocation of Licenses A. All Event Licenses issued pursuant to these Rules shall be valid until the termination of the Event. All other Licenses issued pursuant to these Rules shall be valid until December 31 of the year the License was issued. B. Any License may be revoked or suspended prior to termination in accordance with the provisions of R.I. Gen. Laws Any License suspended or revoked may be appealed to the Racing and Athletics Hearing Board in accordance with R.I. Gen. Laws et seq. R.I. Gen. Laws authorizes the Division to suspend or revoke a license issued under this Regulation. A licensee subject to such an action may request an opportunity for a hearing under 1.6(D) of this Part. C. The Division official in attendance at the Event shall be empowered to immediately suspend or revoke any License on an emergency basis if the Division official determines that any of the Licensees, including the Event Licensee, is in material non-compliance with the conditions of the License, these Rules or the Act.

13 D. The notice for and conduct of any hearings held pursuant to this Regulation or the state or federal Acts shall be governed by the applicable provisions of the Acts, the Department's Rules of Procedure for Administrative Hearings, Part of this Title, and the Administrative Procedures Act, R.I. Gen. Laws et seq. 1.7 Insurance Event Licensee 1. All Event Licensees shall furnish to the Division evidence of insurance at least thirty-six (36) hours prior to the starting time for the first Contest, Match or Exhibition of the Event as follows: a. Public liability insurance in such form and in such amount as the Division deems satisfactory; and b. Such other policies of insurance in such form and in such amounts as the Division shall reasonably require. 2. All insurance shall be in force not less than twenty-four (24) hours prior to the starting time for the first Contest, Match or Exhibition. Failure to produce the required insurance shall be grounds for revocation of the Event License. Competitor Licensee. All Competitor Licensees shall furnish within twenty-four (24) hours prior to the Event satisfactory proof of health insurance and life insurance in such form and in such amounts as the Division deems satisfactory in accordance with R.I. Gen. Laws Failure to produce the required insurance shall be grounds for not granting a Competitor License or for the revocation of a Competitor License. A. General Liability. All Promoters shall furnish to the Department within twenty-four (24) hours prior to the Event satisfactory proof of commercial general liability insurance providing for at least a one million-dollar ($1,000,000) limit per occurrence, at least a one million-dollar ($1,000,00) limit per personal and advertising injury, and at least a two million-dollar ($2,000,000) general aggregate limit. B. Health Insurance. All Promotors shall furnish to the Department within twentyfour (24) hours prior to the Event satisfactory proof of health insurance for the protection of Competitors participating in the Event. In accordance with R.I. Gen. Laws , such insurance coverage shall provide for at least twenty thousand dollars ($20,000) to the Competitor for medical, dental, surgical and/or hospital care for all injuries sustained while participating in any sparring match, bout, contest or exhibition conducted under the control of said Promoter.

14 C. Death Benefit. All Promotors shall furnish within twenty-four (24) hours prior to the Event satisfactory proof of a death benefit payment of at least fifty-thousand dollars ($50,000) to the estate of the deceased Competitor if such death is occasioned by injuries received during the course of sparring or during the course of a bout, contest or exhibition conducted under the control of such Promotor. D. The terms of the insurance coverage under this Part must not require the Competitor to pay a deductible for the medical, surgical or hospital care for injuries the Competitor sustains while engaged in a contest or exhibition. E. Failure to produce proof of insurance required under this Part shall be grounds for the denial or revocation of a License. F. Sunday and Holiday Events. When the scheduled event takes place on a Sunday or a Holiday, proof of insurance in accordance with RI Gen. Laws must be furnished to the Department within one (1) business day prior to said event. Notwithstanding the provisions of 1.6(A) and (B) of this Part to the contrary, if an Event is permitted to be held on any day on which the evidence of insurance required by 1.6(A)(1) of this Part would by the terms of these sections not need to be furnished during Regular Business Hours, then such evidence of insurance shall be furnished to the Division at least six (6) hours before the end of Regular Business Hours on the last business day before the Event. Section 7 Closed Circuit Television No Closed Circuit Television broadcasts of an Event shall be permitted unless the Promotor or Person who intends to broadcast the Event has first obtained a License from the Division. The application form for a Closed Circuit Television License shall be supplied by the Division during Regular Business Hours. The application shall be completed in full, shall be in compliance with the requirements of R.I. Gen. Laws of the Act and shall also include any other information the Division may require. 1.8 Bonds A. In accordance with R.I. Gen. Laws no event license shall be granted unless the Promoter has executed and filed with the Division a bond in a penal sum of fifty-thousand dollars ($50,000), with such surety or sureties as shall be satisfactory to the Division, running to the Division, conditioned upon the payment to the State of Rhode Island of the sums mentioned in R.I. Gen. Laws , and upon faithful compliance by the licensee with the provisions of R.I. Gen. Laws , et seq. and with such other laws of the State as may be applicable to anything done by the licensee in pursuit of the license.

15 B. The bond shall also provide for the forfeiture to the State, recoverable at the suit of the Attorney General, of such sum, not exceeding ten-thousand ($10,000), as may be stipulated in the bond for each case of non-compliance. 1.9 Medical Examinations, Drug Testing and Record Keeping A. Medical Examinations Required. Pursuant to the provisions of R.I. Gen. Laws , et seq., every application for a license shall include each of the requirements listed in 1.9(B) of this Part. B. Each of the following tests shall be conducted by a Physician licensed within the United States, or by a Physician Assistant or a Nurse Practitioner acting under the supervision of a licensed Physician. The results of each test shall be reported on the supervising physician's letterhead bearing the examiner s name, address, and telephone number, it shall bear the statement "Fighter is cleared to participate" or "Fit to Compete" if so concluded by the supervising physician, and it shall contain the supervising physician s signature: 1. A comprehensive Physical Exam, performed within one (1) year of the Event. 2. An Ophthalmologic Eye Examination including a dilated retinal exam performed within one (1) year of the Event. 3. An EKG performed within one (1) year of the Event and interpreted and signed by a licensed Cardiologist or Physician. a. In its discretion, considering an individual fighter's recent competitive activity, the Division may also require any Competitor thirty-five (35) years of age or older to submit to a Stress Test with a clearance letter from a licensed Cardiologist dated within one (1) year of the Event. 4. A MRI or CTScan performed within three (3) years of the Event. A MRI or CTScan remains valid for three (3) years from the date of the test. If the MRI or CTScan is over one (1) year old the Competitor must additionally submit a complete neurological examination, performed by a licensed Neurologist. 5. A negative HIV serology (AIDS blood test) dated within six (6) months of the Event. 6. A negative Hepatitis "B" Surface Antigen (HBV sag) blood test dated within six (6) months of the Event. Negative Hep "B" cab, eag are not acceptable. a. If a competitor has undergone a vaccination series for Hepatitis "B," he/she may present proof of immunity via a blood test called HBV

16 sab. If this test is positive, the fighter is considered immune to the virus and does not need to be tested for the HBV sag. 7. A negative Hepatitis "C" serology (blood test) dated within six (6) months of the Event. 8. A pregnancy test for female athletes dated within seven (7) to fourteen (14) days of the Event. C. Drug Testing. The administration or use of any substance identified on the "Prohibited List" published by the World Anti-doping Agency ( either before or during an Event by any Competitor is prohibited. 1. For the purpose of verifying compliance with this rule, the Director or her Division designee may require that any Competitor submit to a urinalysis or blood test prior to or after the Event, or if recommended by the Physician, any other post-event examination. 2. The Division may revoke or suspend the Competitor License of any Competitor whose urinalysis or blood test is positive for any substance on the Prohibited List. 3. Should a winning Competitor's laboratory testing results return as a positive test his/her victory/win will be removed, a "no contest" decision will be entered into his/her Boxing record, and each Competitor will be notified using the contact information provided on his/her License Application. 4. All costs associated with the foregoing tests shall be borne by the Competitor and/or the Promotor. D. Records. All medical reports and tests required to be performed pursuant to these Rules or the Act shall be considered confidential and shall be open to examination only to the Department or its duly authorized representatives (including a Hearing Officer if applicable), to the Competitor and, upon written authorization of the Competitor to all such designated persons or Boxing Commissions. Section 18 Powers of Referee E. In addition to any powers of the Referee provided in R.I. Gen. Laws and any other sections of these Rules and the Act, the Referee shall have the power to stop a Match at any stage during the bout if he or she considers it too onesided, or if either Competitor is in such condition that to continue might subject him or her to serious injury. The Referee also may, in his or her discretion, request the Physician to examine a Competitor during a Match. Should the

17 examination occur during the course of a round, the clock shall be stopped until the examination is completed. When a mouthpiece is knocked out or falls out of a Competitor's mouth, at an appropriate stopping point in the Match, time will be called, and the Referee shall require the Competitor to replace the mouthpiece. No Competitor shall be permitted to fight without a mouthpiece in his or her mouth at all times Conflicts of Interest No employee of the Department may belong to, contract with, or receive any compensation from, any Person who sanctions, arranges or promotes Professional Boxing Matches or who otherwise has a financial interest in an active Professional Boxer currently registered with a Boxer Registry. For purposes of this section, the term "compensation" does not include funds held in escrow for the payment to another Person in connection with a Professional Boxing Match Reporting Not later than forty-eight (48) business hours after the conclusion of a Professional Boxing Match, the Department shall report the results of such Match and any related suspensions to each Boxer Registry Miscellaneous (A) (B) C A. (D) E B. (F) No Person under eighteen (18) years of age shall be licensed as a Competitor. No Person may participate in a Boxing Event against or with an animal. No male Competitor may participate in a Boxing Event against a female Competitor or vice-versa. No Person over the age of thirty-five (35) shall be licensed as a Competitor without a hearing before the Division concerning his/her physical ability to perform. Any Person applying for a Competitor's License without significant professional or amateur experience may be required to show proof of proper training as a Professional Boxer. The Referee or the Division official at ringside pursuant to Section of the Act may disqualify a Competitor before or during the Event for (i) the use of profanity, including gestures, by the Competitor, his manager, or his second or (ii)unsportsmanlike behavior including, but not limited to, arguing with a Referee or the Division official or refusing to obey either the Referee or Division official's orders.

18 GC. (H) In addition to the Physician who shall be in attendance at the Event, an ambulance and/or medical personnel with appropriate resuscitation equipment shall be continuously present at ringside. The administration or use of drugs, stimulants or alcohol, either before or during an Event by any Competitor is prohibited. The Division shall revoke the Competitor License of any Competitor who uses drugs, stimulants or alcohol. For the purpose of verifying compliance with this rule, the Director or his Division designee may require that any Competitor submit to a urinalysis or blood test prior to or after the Event, or if recommended by the Physician, any other post- Event examination. All costs associated with the foregoing tests shall be borne by the Competitor or the Promotor. In addition, the Division may require that any Competitor submit to an H.I.V. test in accordance with Section of the Act. The Department may, in its sole discretion, waive the H.I.V. test if the Competitor presents original or certified laboratory test results performed within thirty (30) days of submitting his completed application reflecting that he or she has been tested negative for the presence of the H.I.V. virus. All medical reports and tests required to be performed pursuant to these Rules or the Act shall be considered confidential and shall be open to examination only to the Department or its duly authorized representatives, to the Competitor and, upon written authorization of the Competitor to all such designated Persons. I D. No liquid refreshments of any kind may be sold at the Event except in paper or plastic containers. Chairs must be securely attached so they are not portable. E. Television. Closed Circuit Television broadcasts of Events are governed by R.I. Gen. Laws (J) (K) Matchmakers and announcers may participate in a Boxing Event without being licensed. It shall be the responsibility of the Event Licensee to ensure that these unlicensed Persons comply with the Act and these Rules. These Persons must register with the Division by supplying their name, address, telephone number and social security number. No Event shall be ticketed in a general admission style of seating. All Events shall be ticketed by reserved seating Variances; or Waivers The Division, upon its own or at the request of any Licensee or of any applicant for a License, may grant variances or waivers of any portion of these Rules in the Department's sole discretion as it deems proper or necessary depending upon the facts and individual circumstances of the request.

19 Section 10 Time; Number of Matches, Contests or Exhibitions No Event shall commence later than 8:30 p.m. No individual Contest, Match or Exhibition shall exceed fifteen (15) three (3) minute rounds. There shall be a minimum ninety (90) second rest period between each round. The total number of Boxing Matches, Contests or Exhibitions for an Event shall be submitted to the Division for approval, in advance of the Event. Section 11 Protective Equipment All male Competitors shall be required to wear a foul-proof groin protector. A plastic cup with an athletic supporter is adequate, but an abdominal guard is preferable. Female Competitors must wear foul-proof breast protectors. Plastic breast covers are adequate. All Competitors must wear fitted mouthpieces. In addition to the foregoing, the Division reserves the right to require Competitors to wear such other protective equipment as the Division deems necessary in furtherance of the underlying policies and purposes of these Rules and the Act. Section 12 Forbidden, Tactics, Blows and Strikes A. No Competitor shall be permitted to engage in any tactics, blows or strikes as follows: 1. Hitting below the belt 2. Hitting an opponent who is down or is getting up after being down 3. Holding an opponent with one hand and hitting with the other 4. Holding or deliberately maintaining a clinch 5. Wrestling or kicking 6. Striking a Competitor who is helpless as a result of previous blows and so supported by the ropes that he does not fall if the Referee has signaled that the Competitor is knocked down supported by the ropes that he does not fall if the Referee has signaled that the Competitor is knocked down 7. Butting with the head or shoulder or using the knee 8. Hitting with the open glove, the butt of the hand, the wrist or the elbow and all backhand blows 9. Purposefully going down without being hit 10. Striking deliberately at the part of the body over the kidneys 11. Deliberately using the rabbit punch

20 12. Jabbing the Competitor's eyes with the thumb of the glove 13. Hitting on the break 14. Hitting after the bell has sounded the end of the round 15. Hitting a Competitor whose head is between or outside of the ropes 16. Pushing a Competitor about the ring or into the ropes B. For the purposes of this 1.12 of this Part, a Competitor is considered down when any part of his or her body, other than his or her feet, touches the floor, or the Competitor is hanging helplessly on the ring ropes or is rising from a down position. C. Notwithstanding the foregoing to the contrary, no Competitor shall be permitted to engage in any tactics, blows or strikes which the Division considers unnecessarily dangerous. In order for the Division to evaluate the tactics, blows or strikes, the Division may require a visual depiction as well as a written explanation of the tactics, blows and strikes the Competitors will be permitted to use at the Event. The Division shall prohibit the Competitors from engaging in any tactics, blows or strikes it considers unnecessarily dangerous in furtherance of the underlying policies and purposes of these Rules and the Act. D. Use of any of the above tactics, blows or strikes may result in an appropriate warning and/or loss of points as determined by the Referee. In addition, the Referee may disqualify the Competitor. Any Competitor who is disqualified may have his or her prize or purse withheld from payment. Disqualification of the prize or purse and the penalty to be imposed upon the Competitor shall be determined by the Director or the duly authorized Division official. Section 13 Ring and Equipment A. The ring, platform, covering, posts, ropes and all other equipment and materials to be used, employed or relied upon by the Competitors or any other Person during a Contest, Match or Exhibition shall be inspected and examined by the Division at least four (4) hours prior to the starting time for the first Contest, Match or Exhibition, all in accordance with the requirements and procedures outlined in R.I. Gen. Laws (b). B. In addition to the foregoing, the Division shall require that the ring shall be not less than eighteen (18) feet nor more than twenty-four (24) feet square within the ropes. The ring floor is to extend beyond the ropes a distance of not less than two (2) feet. The ring floor shall be padded with a soft, non-gathering material to a thickness of not less than an inch and one-half extending two (2) feet beyond the ring ropes, with a top covering tightly stretched and secured to the ring platform. The ring shall not be more than four (4) feet above the floor of the building; and shall be provided with suitable steps for the use of the Competitors

21 and other Persons who need access. Ring posts shall be made of metal, extending from the floor of the building to a height of forty-eight (48) inches above the ring floor. The ring must be properly lighted. There shall be three (3) ropes in number, not less than one (1) inch in diameter. Ropes shall be wrapped in soft material. Rope corners shall be padded. Section 14 Scoring A. All Contests, Matches and Exhibitions shall be scored on the ten (10) point must system. In this system, the winner of each round receives ten (10) points and the opponent a proportionately less number. If the round is even, each Competitor receives ten (10) points. No fraction of points may be given. B. Following each round, and at the termination of the Match, Contest or Exhibition, the Referee shall pick up the ballots of the Judges. The Referee shall then deliver the ballots to the scorekeeper who shall tally all foul points and who shall make final tallies and deliver the totals to the Person assigned to check and total them. The majority opinion shall be conclusive and if there is no majority opinion then the decision shall be a draw. Section 15 Weight Classes A. The following weight classes are hereby established: 1. Strawweight up to 105 lbs 2. Light-Flyweight.... over 105 to 108 lbs 3. Flyweight over 108 to 112 lbs 4. Super Flyweight..... over 112 to 115 lbs 5. Bantamweight.... over 115 to 118 lbs 6. Super Bantamweight.. over 118 to 122 lbs 7. Featherweight. over 122 to 126 lbs 8. Super Featherweight.... over 126 to 130 lbs 9. Lightweight.... over 130 to 135 lbs 10. Super Lightweight.... over 135 to 140 lbs 11. Welterweight... over 140 to 147 lbs 12. Super Welterweight..... over 147 to 154 lbs

22 13. Middleweight... over 154 to 160 lbs 14. Super Middleweight..... over 160 to 168 lbs 15. Light-heavyweight over 168 to 175 lbs 16. Cruiserweight... over 175 to 195 lbs 17. Heavyweight... all over 195 lbs B. No Contest may be scheduled and no Competitors may engage in a Match without the approval of the Department or the Division official if the difference in weight between the Competitors exceeds the allowance as follows: 1. up to 118 lbs... not more than 3 lbs lbs... not more than 5 lbs lbs... not more than 7 lbs lbs... not more than 9 lbs lbs... not more than 11 lbs lbs... not more than 12 lbs lbs... not more than 20 lbs and over... no limit Section 16 Gloves A. All bouts shall be fought with gloves weighing at least twelve (12) ounces each. The gloves shall be of the webbed thumb variety. Before a fallen Competitor resumes fighting after having been knocked to, slipped to or fallen to the floor, the Referee shall wipe the Competitor's gloves free of any foreign substance. B. The bandages which cover the Competitor's hands shall be put on in the dressing rooms under the supervision of the Division official. The use of adhesive tape over the knuckles is prohibited. The tape must be at least one inch below the knuckles. The use of water or any other liquid or material on the tape is prohibited. Section 17 Knockdowns and Counts A. As soon as a Competitor has been knocked down, the official timekeeper shall begin calling the count (from 1 to 8) while the Referee directs the other Competitor to a neutral corner. After the Referee has directed the other