Follow this and additional works at: Part of the Administrative Law Commons

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1 University of Tennessee, Knoxville Trace: Tennessee Research and Creative Exchange Tennessee Department of State, Opinions from the Administrative Procedures Division Law Shane Quinn Follow this and additional works at: Part of the Administrative Law Commons This Initial Order by the Administrative Judges of the Administrative Procedures Division, Tennessee Department of State, is a public document made available by the College of Law Library, and the Tennessee Department of State, Administrative Procedures Division. For more information about this public document, please contact administrative.procedures@tn.gov

2 BEFORE THE COMMISSIONER OF THE TENNESSEE DEPARTMENT OF COMMERCE AND INSURANCE IN THE MATTER OF: Shane Quinn DOCKET NO: J INITIAL ORDER OF DEFAULT AND DISMISSAL This contested case hearing was set to be heard in person on October 6, 2006, in Nashville, Tennessee, before Joyce Carter-Ball, Administrative Judge, Administrative Procedures Division, assigned by the Secretary of State and sitting for the Commissioner of the Tennessee Department of Commerce and Insurance. Bethany A. Heuer, Staff Attorney for the Tennessee Department of Commerce and Insurance, represented the State. Respondent Shane Quinn was not present, nor was anyone present to represent him. DEFAULT The State moved that a default be entered against Respondent for failure to participate in the hearing after due notice. The State introduced proof that reasonable attempts were made to notify the Respondent of the hearing set for October 6, Proof of service was made part of the record. It appearing that proper notice was sent to Respondent, and that Respondent failed to appear at the hearing, the State's Motion for

3 Default is well taken and is hereby GRANTED pursuant to TENN. CODE ANN (a). See also RULE (1) of the UNIFORM RULES OF PROCEDURE FOR HEARING CONTESTED CASES BEFORE STATE ADMINISTRATIVE AGENCIES. DISMISSAL The Motion for Default having been granted, the Petitioner was permitted to proceed uncontested, pursuant to TENN. CODE ANN (a), see also RULE (2). The issue presented for consideration at this hearing was the State s petition to suspend or revoke Respondent s license as a professional boxer, and/or the imposition of other lawful discipline. After consideration of the record and arguments of Petitioner, it is ORDERED that Respondent's license as a professional boxer be SUSPENDED. This determination is based upon the following Findings of Fact and Conclusions of Law. FINDINGS OF FACT 1. Respondent, at all times pertinent hereto, was licensed as a professional boxer in the State of Tennessee, having been granted license number 4041 by the Commissioner on or about February 10, On February 17, 2006, Respondent participated in a professional boxing bout at the Fed Ex Forum in Memphis, Tennessee. 3. Immediately after the bout, Respondent submitted to a 9 panel urine drug screen administered by Dr. Jonathan Brody on behalf of the Commissioner and 2

4 authorized by Rule of the Department s rules governing professional boxing. 4. The analysis of the drug screen revealed that Respondent tested positive for marijuana, specifically cannabinoid and carboxy THC, indicating that Respondent had used the referenced drugs prior to or during the bout. 5. Respondent s use of the above-referenced drugs prior to or during a professional boxing bout constitutes dishonorable, unethical or unprofessional conduct, and endangered his and his opponent s health, safety and welfare. 6. Mr. John Lillard, the administrator for the Tennessee boxing and racing program, testified on behalf of the State. Mr. Lillard s position involves responsibility for custody of records within the professional boxing program, including licensure. 7. Mr. Lillard testified that Respondent has a license through the professional boxing program. Respondent was granted a license by the Commissioner through the Division of Regulatory Boards. 8. Respondent was granted a professional boxer s license on February 12, Respondent s license is currently active. 9. Ms. Heuer entered the affidavit of Dr. Jonathan Brody, M.D. into evidence, which authenticated the document that is the drug test results. 10. Dr. Brody is currently licensed to practice medicine in the State of Tennessee. Between February 16 and February 18, 2006, Dr. Brody was under a contract with the State of Tennessee, Department of Commerce and Insurance, to perform a drug 3

5 test on each contestant in the professional boxing match held on February 17, 2006, at the FedEx Forum in Memphis, Tennessee. 11. Dr. Brody s duty was to test all contestants utilizing a nine-panel urine drug screen. 12. Dr. Brody administered the drug test referenced above. The analysis of the test administered to Respondent attached hereto and incorporated here by reference showed that Respondent tested positive for marijuana, specifically, cannabinoid and carboxy THC. 13. Mr. Lori Wilson Weaver, an investigator with the Regulatory Boards Investigation Division, testified on behalf of the State. 14. Ms. Weaver s position involves responsibility for the custody of the boxers at the professional boxing bouts. 15. Ms. Weaver testified that, during the bout, an investigator is in the corner of each boxer during the match. Once the match is completed, that investigator escorts the boxer out of the ring, at which time another investigator takes custody of the fighter and escorts them to the drug-testing area. When the drug test personnel have control of the individual, they will administer a drug test. 16. Ms. Weaver testified that all boxers at the February 17, 2006 professional boxing bout in Memphis were properly and securely escorted to the lab personnel. CONCLUSIONS OF LAW 1. T.C.A Rules and regulations Licenses Issuance, fees, suspension or revocation. (a) The commissioner shall promulgate such rules as are 4

6 reasonably necessary to carry out the specific provisions of this part, and to protect and ensure the health, safety and welfare of contestants in professional boxing or sparring matches or exhibitions. Such rules shall provide for the issuance and renewal of licenses to act as a promoter, boxer, or in another capacity affecting the health, safety and welfare of such contestants. A reasonable fee shall be specified in the rules for any licenses required. (c) The commissioner may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, suspend or revoke any license issued pursuant to this section for any of the following causes: (3) Dishonorable, unethical or unprofessional conduct; (5) A violation of any provision of this part, or any rule duly promulgated thereunder. 2. Rule Drugs and Stimulants. The administration or use of drugs or stimulants, either before or during a bout, to or by any boxer, is prohibited. Any contestant violating this provision shall be subject to disqualification 3. It is CONCLUDED that the State has carried its burden of proof by a preponderance of the evidence that the Respondent's conduct was dishonorable, unethical or unprofessional when the analysis of the drug screen revealed that Respondent tested positive for cocaine and marijuana, indicating that Respondent had used the referenced drugs prior to or during the bout. 5

7 4. It is therefore ORDERED that Respondent's professional boxer s license is SUSPENDED for six (6) months, and, Respondent will pay a fine of $1, This Initial Order entered and effective this 13 th day of November, Joyce Carter-Ball Administrative Judge Filed in the Administrative Procedures Division, Office of the Secretary of State, this 13 th day of November, Charles C. Sullivan, II, Director Administrative Procedures Division 6