REGULATIONS
Vol. 32 Iss. 25 - August 08, 2016

TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION
Chapter 40
Final Regulation

REGISTRAR'S NOTICE: The Department of Professional and Occupational Regulation is claiming an exclusion from Article 2 of the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency discretion is involved. The Department of Professional and Occupational Regulation will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 18VAC120-40. Virginia Professional Boxing and Wrestling Events Regulations (amending 18VAC120-40-10 through 18VAC120-40-85, 18VAC120-40-110 through 18VAC120-40-140, 18VAC120-40-170, 18VAC120-40-180, 18VAC120-40-190, 18VAC120-40-210, 18VAC120-40-220, 18VAC120-40-411.1, 18VAC120-40-411.5, 18VAC120-40-411.7).

Statutory Authority: § 54.1-831 of the Code of Virginia.

Effective Date: September 7, 2016.

Agency Contact: Kathleen R. Nosbisch, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-8514, FAX (866) 465-6206, or email boxing@dpor.virginia.gov.

Summary:

To conform to Chapter 756 of the 2016 Acts of Assembly, the amendments exempt amateur boxing from requirements of the chapter and revise the requirements for sanctioning organizations to receive authorization from the director of the agency to oversee amateur martial arts events.

Part I
Scope

18VAC120-40-10. Scope.

This chapter contains procedures and requirements for the licensure of individuals and firms to engage in the conduct of professional boxing, martial arts, and wrestling events as provided for in Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia.

The director of the department is empowered to (i) promulgate this chapter, (ii) issue licenses, (iii) investigate to determine compliance with this chapter, and (iv) take disciplinary action, in accordance with the Virginia Administrative Process Act, against those who fail to comply with this chapter. Furthermore, to the extent applicable, this chapter shall be construed in accordance with and governed by Virginia's Administrative Process Act. The director is also empowered to contract with a vendor to perform certain tasks on the director's behalf. These tasks include examining and recommending licensure, investigating and ensuring that events are conducted in compliance with statutes and regulations, performing clerical duties, collecting fees, maintaining records, developing proposed regulations, and recommending enforcement actions.

18VAC120-40-15. Applicability.

As referenced in this chapter and in § 54.1-828 of the Code of Virginia, boxing includes boxing, kick boxing, mixed martial arts, or similar contests. Individuals participating in these events are required to be licensed as a boxer. Requirements to obtain a boxer license are set forth in 18VAC120-40-70 and 18VAC120-40-80. Event licensing and conduct standards for boxing are set forth in 18VAC120-40-85, and 18VAC120-40-230 through 18VAC120-40-410. Event licensing and conduct standards for kick boxing and other similar contests, including mixed martial arts, are set forth in 18VAC120-40-85, and 18VAC120-40-411 through 18VAC120-40-411.21.

Individuals participating in wrestling events are required to be licensed as a wrestler. Requirements to obtain a wrestler license are set forth in 18VAC120-40-70 and 18VAC120-40-90. Event licensing and conduct standards for wrestling are set forth in 18VAC120-40-415 through 18VAC120-40-415.3.

Part II
General Provisions

18VAC120-40-20. Definitions.

A. Section 54.1-828 of the Code of Virginia provides definitions of the following terms:

Boxer

Boxing

Cable television system

Contractor

Department

Director

Event

License

Manager

Martial artist

Martial arts or mixed martial arts

Matchmaker

Person

Promote

Promoter

Regulant

Trainer, second, or cut man

Wrestler

Wrestling

B. The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Assistant event inspector" means the individual assigned to assist the event inspector.

"Boxer registry" or "martial artist registry" means any entity certified by the Association of Boxing Commissions for the purposes of maintaining records and identification of boxers and martial artists.

"Charity event" means an event where all or a portion of the proceeds are donated to a charitable organization that is tax-exempt under § 501(c)(3) of the Internal Revenue Code.

"Contest," "bout," or "match" means the portion of an event wherein specific individuals (two boxers, two martial artists, or two or more wrestlers) engage in boxing or wrestling which ends when a decision is reached.

"Event," as defined in § 54.1-828 of the Code of Virginia, begins when a promoter takes possession or control of a facility or area as specified in the contract between the promoter and the facility and lasts until the promoter releases control of the facility or area. One event shall not exceed one 24-hour period.

"Event inspector" means the individual assigned to be in overall charge of the conduct of an event to assure compliance with this chapter.

"Event license" means a method of regulation whereby any promoter arranging or conducting a boxing or wrestling event is required to obtain a prior authorization from the department.

"Event officials" means those individuals assigned to carry out the duties of an event inspector, assistant event inspector, inspector, referee, timekeeper, judge, or ringside physician as established by this chapter.

"Firm" means any sole proprietorship, general partnership, limited partnership, limited liability company, association, corporation, or other business entity.

"Inspector" means the individual assigned to assist the event inspector as provided for in this chapter.

"Judge" means an individual assigned to score a boxing or martial arts contest as provided for in this chapter.

"Licensed event" means an event that has been issued a license from the department in accordance with this chapter.

"Rabbit punch" means a blow delivered by a boxer or martial artist against his opponent that strikes the back of the opponent's neck or head with a chopping motion or punch.

"Referee" means the event official assigned to a boxing or martial arts contest to assure the proper conduct of the contest and the safety of the contestants or the licensed wrestler assigned to a wrestling contest to assure the safety of the spectators as provided for in this chapter.

"Responsible management" means the following individuals:

1. The sole proprietor of a sole proprietorship;

2. The partners of a general partnership;

3. The general partners of a limited partnership;

4. The officers of a corporation;

5. The managers of a limited liability company; or

6. The officers and directors of an association.

"Ringside physician" means the medical doctor assigned to assure the medical health and safety of each boxer or martial artist as provided for in this chapter.

"Task force" means the professional boxing, martial arts, and wrestling task force.

"Ten point must system" means the winner of the round must receive 10 points.

"Timekeeper" means the individual assigned to time each round and the interval between rounds, and to count for knockdowns as provided for in this chapter.

18VAC120-40-40. License expiration and renewal.

A. Except as set out in subsection B of this section, each license, other than an event license or a limited boxer, martial artist, or wrestler license, shall expire on December 31 of the year in which the license was issued, except that licenses issued during the last 45 days of any calendar year shall expire on December 31 of the following calendar year.

B. Each license to conduct a boxing, martial arts, or wrestling event issued to a licensed promoter shall be valid only for the duration of the event described in the application for licensure. Each limited license issued to a boxer, martial artist, or wrestler shall be valid only for the duration of one specifically identified event or two specifically identified events held on consecutive days at the same location.

C. Prior to the expiration date shown on the license, each licensee desiring to renew the license shall cause the department or its contractor to receive a photocopy of his license and the fee specified in 18VAC120-40-50.

D. The department may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a current licensee.

18VAC120-40-50. Fees.

A. Each applicant shall submit the following fee along with the application for licensure:

 

Boxer

$40

 

Boxer--limited

$30

 

Martial artist

$40

 

Martial artist--limited

$30

 

Wrestler

$40

 

Wrestler--limited

$30

 

Manager

$50

 

Promoter

$500

 

Trainer, second, and cutman cut man

$40

 

Matchmaker

$50

B. Each application for a boxing event license shall be accompanied by the following fee:

1. Scheduled events of 42 rounds or fewer, with no more than one nontitle 10- 10-round or 12-round bout—$1,500.

2. Scheduled events exceeding 42 rounds, with more than one nontitle 10- 10-round or 12-round bout or any event with a title bout—$2,000.

C. Each application for a wrestling event license shall be accompanied by a fee of $125.

D. All fees are nonrefundable.

18VAC120-40-70. Application requirements.

A. Applicants shall apply on forms supplied by the department or its contractor.

B. Individual applicants shall be at least 18 years of age.

C. The applicant shall disclose the following information about himself, in the case of an individual, or about the firm and every member of the responsible management of the firm, in the case of a firm:

1. Any guilty finding by the department, or by a court of any competent jurisdiction, of any material misrepresentation while engaged in boxing, martial arts, wrestling, or other athletic activities, or any conviction, guilty plea, or finding of guilty, regardless of adjudication or deferred adjudication, of any felony or misdemeanor;

2. Any disciplinary action taken by the department or another jurisdiction in connection with the applicant's participation in or promotion of professional athletic contests or activities including, but not limited to, monetary penalty, fine, suspension, revocation, or surrender of a license in connection with a disciplinary action; and

3. Any currently or previously held boxing, martial arts, or wrestling licenses issued by this Commonwealth or any other jurisdiction.

Any plea of nolo contendere shall be considered a conviction for the purposes of this subsection. A certified copy of a final order, decree, or case decision by a court or regulatory agency with the lawful authority to issue such order, decree, or case decision shall be admissible as prima facie evidence of such conviction or discipline. Subject to the provisions of § 54.1-204 of the Code of Virginia, the department may deny an application for a license if, in its judgment, the actions disclosed in subdivisions 1 and 2 of this subsection would render the applicant unfit or unsuited to engage in boxing, wrestling, or other athletic activities.

D. Each individual applicant shall disclose his physical address and each firm applying for licensure shall disclose the physical addresses of the firm and the firm's responsible management. A post office box shall not be accepted in lieu of a physical address.

E. The fee established by 18VAC120-40-50 A shall accompany the application and shall not be refunded.

F. The receipt of an application and the deposit of fees in no way indicates indicate approval by the department.

Part III
Individual Licensing Standards

18VAC120-40-80. Entry requirements for boxer and martial artist.

Each applicant for a license as a boxer or martial artist shall submit a completed application as described in 18VAC120-40-70 and shall:

1. Have a satisfactory record of professional boxing, professional martial arts, or, in the case of applicants who have participated in fewer than five professional boxing or professional martial arts bouts, evidence of competency in the elements of offense and defense. Such evidence may take the form of signed statements from individuals who have provided training to the applicant or records of the applicant's conduct in amateur as well as professional boxing or professional martial arts competition and shall be sufficient to satisfy the department that the applicant has the ability to compete.

2. Submit the following certification:

"I understand as a professional boxer or professional martial artist I should be aware that this sport includes many health and safety risks, in particular the risk of brain injury. As such I will take the necessary medical exams that detect brain injury. If I need further information about these exams I will ask my doctor or staff of the department."

3. Submit a complete professional record or, if amateur just turning professional, an amateur record, an amateur passbook recognized by USA Boxing for boxers, or a letter from the applicant's trainer certifying the applicant's boxing or martial arts experience, skill level, physical condition, and current training program.

4. Submit a certification from a licensed physician within the past six months certifying that the applicant is in good physical health and that the physician has not observed any abnormalities or deficiencies that would prevent the applicant from participation in a boxing or martial arts event or endanger the applicant, the public, officials, or other licensees participating in the event. The department may require additional medical tests to determine the fitness of a boxer or martial artist upon receipt of reliable information of a preexisting condition that may present a danger to the boxer or martial artist.

18VAC120-40-85. Requirements for boxer, martial artist, or contestant prior to an event or contest.

Each boxer or contestant shall provide the department a negative test for the following prior to an event or contest:

1. Antibodies to the human immunodeficiency virus;

2. Hepatitis B surface antigen (HBsAg); and

3. Antibodies of virus hepatitis C.

Such tests shall be conducted within the 180 days preceding the event. A boxer, martial artist, or contestant who fails to provide the department with the required negative test results shall not be permitted to compete in the event or contest. The provisions of this section shall not apply to participants in a wrestling or martial arts event.

18VAC120-40-110. Entry requirements for matchmaker.

Each applicant for a license as a matchmaker shall submit a completed application as described in 18VAC120-40-70 and a statement that the applicant does not employ and does not otherwise have a financial interest in or commercial connection with any wrestler, boxer, martial artist, manager, trainer, or second, except that which may be necessary to arrange a wrestler's or, boxer's, or martial artist's participation in a specific event. The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

18VAC120-40-120. Entry requirements for promoter.

Each applicant for a license as a promoter shall submit a completed application as described in 18VAC120-40-70, a statement that the applicant possesses knowledge of this chapter, and the following certification:

"I understand that I am not entitled to compensation in connection with a boxing or martial arts match, including gate fees, until I provide the department with a copy of any agreement in writing to which I and any boxer or martial artist participating in the match are parties; a statement made under penalty of perjury that there are no other agreements; a statement of fees, charges, and expenses that will be assessed by or through me on the boxer or martial artist, including any portion of the boxer's or martial artist's purse that I receive and training expenses; all payments, gifts, or benefits I am providing to any sanctioning organization affiliated with the event; and any reduction in the boxer's or martial artist's purse contract to a previous agreement between myself and the boxer or martial artist. Further, I understand that I am not entitled to compensation in connection with a boxing or martial artist match until I provide the boxer or martial artist I promote with the amounts of any compensation or consideration that I have contracted to receive from such match; all fees, charges, and expenses that will be assessed by or through me on the boxer or martial artist pertaining to the event, including any portion of the boxer's or martial artist's purse that I will receive and training expenses; and any reduction in a boxer's or martial artist's purse contract to a previous agreement between myself and the boxer or martial artist."

The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

18VAC120-40-130. Entry requirements for trainer, second, or cut man.

Each applicant for a license as a trainer, second, or cut man shall submit a completed application as described in 18VAC120-40-70 and evidence of a knowledge of:

1. This chapter;

2. The treatment of injuries;

3. Physical conditioning, health care, nutrition, training, first aid, and the effects of alcohol as it relates to boxing and martial arts; and

4. The bandaging of a boxer's or martial artist's hand.

The required evidence may take the form of the applicant's official record from a state regulatory agency, signed statements from current or former client or clients, or other documentary evidence that establishes that the applicant is competent. The department shall approve and issue all licenses in accordance with the standards established by the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.), as amended.

Part IV
Official Approval and Assignment to Events

18VAC120-40-140. Requirements for approval to act as an event official.

A. To qualify to act on the department's behalf as an event official, a person must:

1. Be at least 18 years of age;

2. Not have been convicted or found guilty, regardless of adjudication, of any felony or other crime involving lying, cheating, or stealing, or involving illegal drugs or other acts involving the sport of boxing or martial arts. Any plea of nolo contendere shall be considered a conviction for the purposes of this chapter. The record of conviction, authenticated in such form as to be admissible as evidence under the laws of the jurisdiction where convicted, shall be admissible as prima facie evidence of such conviction; and

3. Submit verifications from three persons of his proficiency as an event inspector, locker room inspector, referee, judge, or timekeeper, whichever is appropriate. Evidence of approval by the department, its contractor, or another jurisdiction with a regulatory program substantially equivalent to this chapter, may be submitted in lieu of the verifications from three persons.

B. In addition to requirements set forth in subsection A of this section, each referee or judge shall submit the following certification:

"I understand that I am not entitled to receive any compensation in connection with a boxing or martial arts match until I provide the department a statement of all consideration, including reimbursement for expenses that will be received from any source for participation in the match."

Part V
Duties of Event Officials for Boxing, Kick Boxing and Similar Contests

18VAC120-40-170. Duties of event inspectors.

A. An event inspector shall be assigned by the department or its contractor to each event and shall be in overall charge of the conduct of the event and shall assure that all assigned inspectors, referees, timekeepers, judges, and ringside physicians are present and perform their duties.

B. The event inspector shall officiate at weigh-in to assure that all boxers or martial artists are properly weighed and licensed, and shall assure that the boxers or martial artists have no weights or other objects which could influence the accuracy of the weighing.

C. The assigned event inspector shall comply with all procedures established by the department and assure compliance with Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia and this chapter.

D. The assistant event inspector shall perform all duties assigned by the event inspector.

18VAC120-40-180. Duties of locker room inspectors.

A. Locker room inspectors shall be assigned to each event to assist the event inspector in the discharge of his duties.

B. Locker room inspectors shall be assigned by the event inspector to be in charge of the locker room and the corners and shall accompany the boxers or martial artists to the corner. A locker room inspector shall remain in each corner and assure compliance with this chapter.

C. A locker room inspector shall assist the event inspector during the weigh-in and, when requested, assist the ringside physician during the physical examination.

D. Locker room inspectors shall comply with all procedures established by the department and perform other duties as assigned to assure compliance with this chapter.

18VAC120-40-190. Duties of referees.

An assigned referee shall pass a prefight physical performed by the ringside physician in accordance with 18VAC120-40-220, comply with all procedures established by the department, perform other duties as assigned to assure compliance with this chapter, and perform the following duties before, during, and after each assigned contest:

1. Provide the prefight instructions to boxers or martial artists;

2. Assure that each boxer or martial artist is properly gloved and wearing the required safety equipment;

3. Exercise supervision over the conduct of the contest to assure compliance with this chapter and to take immediate corrective action when a failure to comply is observed;

4. Immediately stop any contest when, in his judgment, one of the boxers or martial artists is outclassed by the other, injured, or otherwise unable to safely continue to participate in the contest;

5. Endeavor to perform his duties in a manner which does not impede the fair participation of either boxer or martial artist;

6. Consult, when he feels it appropriate, with the ringside physician on the advisability of stopping the contest if either boxer or martial artist appears injured or unable to continue;

7. Count for knockdowns and knockouts as provided for in 18VAC120-40-340;

8. Determine fouls and stop contests as provided in 18VAC120-40-342 and 18VAC120-40-350;

9. Immediately stop any contest and notify the department's representative or contractor present at the event if one or both of the boxers or martial artists is not putting forth his best effort; and

10. Assure the health and well-being of the boxers and martial artists to the greatest extent possible.

18VAC120-40-210. Duties of timekeepers.

An assigned boxing or martial arts timekeeper shall comply with all procedures established by the department, perform other duties as assigned to assure compliance with this chapter, and perform the following duties before, during, and after each assigned contest:

1. Provide a chronometer of a type suitable for timing the rounds of a boxing or martial arts contest;

2. Assure that a warning is sounded 10 seconds before the start of each round by blowing a whistle or other sound easily heard by the boxers and martial artists and distinct from the sound signaling the beginning and end of each round;

3. Assure that each round and the interval between each round is are correctly and uniformly timed and that a bell or gong with a distinctive tone which is easily heard by the boxers or martial artists is sounded at the beginning and end of each round;

4. Assist the referee in the counting for a knockdown to assure the downed boxer or martial artist receives the correct amount of time allowed by this chapter to return to the contest; and

5. Report to the event inspector or his designee promptly at the time directed.

18VAC120-40-220. Duties of ringside physicians.

The assigned ringside physician shall comply with all procedures established by the department and perform the following duties before, during, and after each assigned contest:

1. Conduct a physical examination of each referee immediately before the contest to assure his fitness to act as a referee.

2. Conduct a physical examination and take a medical history of each boxer or martial artist immediately before the contest to assure his fitness to compete;

3. Report to the event inspector or his designee promptly at the time directed and remain at ringside during the entire duration of all contests assigned;

4. Signal the referee immediately in the event an injury is observed which the referee has not observed and enter the ring only after the referee has stopped or suspended the action;

5. Render immediate medical aid to any boxer or martial artist injured during a contest and, where appropriate, accompany the boxer or martial artist to the hospital or other place where competent medical aid may be delivered. In no case shall the assigned ringside physician cease the direct application of his skills as a physician to an injured boxer or martial artist until such time as the ringside physician, in his best medical judgment, determines that his services are no longer necessary or the injured boxer or martial artist is under the care of other medically competent individuals;

6. Assure all substances in the possession of seconds, trainers, or cut men are appropriate for use on boxers or martial artists during the course of the contest; and

7. Report immediately to the department or its contractor his determination of the fitness of each boxer or martial artist to participate in the boxing or martial arts contest. A written report summarizing the results of his examination of each boxer or martial artist shall be provided to the department or its contractor within 24 hours after the date of the licensed boxing or martial arts event.

18VAC120-40-411.1. Equipment to be provided by promoters.

The promoter shall assure that each event shall have the following:

1. A fighting ring that will be in the shape of a square, a hexagon, or an octagon. A square ring shall not be less than 18 feet square inside the ropes and shall not exceed 20 feet square inside the ropes. A hexagon or octagon ring shall not be less than 18 feet (from any side to the opposite side) inside the ropes and shall not exceed 32 feet (from any side to the opposite side) inside the ropes.

The ring floor shall be padded with ensolite one inch think thick or another similar closed-cell foam. The padded ring floor must extend at least 18 inches beyond the ropes and over the edge of the platform with a top covering of canvas or other similar material tightly stretched and laced to the ring platform. Material that tends to gather in lumps or ridges shall not be used.

The ring platform shall not be more than five feet above the floor of the building and shall have suitable steps for use of the contestants in their corners and by the ringside physician in a neutral corner.

Ring posts shall be of metal, not more than three inches in diameter, extending from the floor of the building to a height of 58 inches above the ring floor. The ring posts shall be at least 18 inches away from the ring ropes.

There shall be four ring ropes, no more than one inch in diameter, evenly spaced, with the bottom ring rope not less than 18 inches above the ring floor and the top ring rope not more than 52 inches above the ring floor. The bottom ring rope must be padded with a padding of closed cell padding of not less than 1/2 inch (recommend (it is recommended that all ring roped be padded of the same thickness and material). Ropes are to be connected with soft rope ties six feet apart. All ring ropes are to be tight and approved.

All corners must be padded with approved pads. All turnbuckles are to be covered with a protective padding.

A ring stool and bucket shall be provided for each contestant's corner. The ring shall have bright lights and light all four corners and middle of the ring equally. No lights shall shine into the face of the contestants or ringside judges, lights may only shine downward and not shine at any angle directly into the fighting ring area that may blind the contestants or judges.

The promoter shall provide a ringside restrictive barrier between the first row of ringside seats and the event official's area that will prevent the crowd from confronting either the contestants or event officials. The ringside barrier must be a minimum of eight feet from the outside edge of the ring.

2. A bell or gong located at the ring no higher than the floor level of the ring. The bell or gong must produce a clear tone easily heard by the contestants.

3. Locker rooms adequate in number and equipment to reasonably facilitate the contestant's activities before and after the contest. Separate locker rooms shall be provided when both male and female contestants are scheduled to compete. Locker rooms shall have restroom facilities easily available.

4. A fully equipped ambulance with a currently trained ambulance crew at the site of any event for the entire duration of the event.

5. A notice to the nearest hospital and the persons in charge of its emergency room of the date, time, and location of event.

6. Boxing gloves Gloves of the proper weight that are set by weight classification by rule. Boxing gloves Gloves must have laces to secure proper fit. Gloves must have an attached thumb to the body of the glove. Gloves must be clean, free of cuts, and have good laces, with no displacement or lumping of padding material. Gloves used in world title fights shall be new and taken from the package just prior to issuing to the contestants. Gloves shall be inspected by the event inspector or his designee before each contest and those found defective shall be replaced before the contest.

7. A clear plastic water bottle, a bucket containing ice, surgeon's adhesive tape, and surgical gauze for each contestant.

8. A sealed OTC over-the-counter pregnancy test kit, approved by the Food and Drug Administration, for each female boxer that will be given to the event inspector or his designee.

9. A solution of one part bleach and nine parts water for disinfecting blood on the ring canvas or ropes shall be available ringside for use by staff stationed ringside to clean the ring canvas and ropes as needed.

10. The promoter shall provide each corner with biohazardous material bags and, after the event, shall discard all regulated medical waste in the proper manner in accordance with the Regulated Medical Waste Management Regulations (9VAC20-120) issued by the Virginia Waste Management Board and available from the Department of Environmental Quality.

18VAC120-40-411.5. Contest approval; request for reconsideration.

A. The department or its contractor shall obtain information on each contestant from a boxer martial arts registry and examine that information, for records, experience, and consecutive losses. Boxers or martial artists with 10 or more consecutive losses must obtain a special exception before being placed on the fight card. The results of the prefight physical, and any other pertinent information available including the boxing or martial arts severity index, will be used to determine, to the extent possible, that both contestants are substantially equal in skills and ability and are medically fit to compete. No contest shall take place without the approval of the event inspector and the ringside physician assigned to the event by the department or its contractor.

B. No contestant shall participate in a contest who has:

1. Been knocked out in the 60 days immediately preceding the date of the contest;

2. Been technically knocked out in the 30 days preceding the date of the contest;

3. Been a contestant in a boxing, kick boxing, or martial arts event of more than six rounds during the 15 days preceding the date of the contest or six or fewer rounds during the seven days preceding the date of the contest;

4. Suffered a cerebral hemorrhage;

5. Suffered a serious head injury or other serious physical injury. The department or its contractor may require an additional, specific medical examination to determine the contestant's suitability;

6. Been found to be blind in one eye or whose vision in one eye is so poor that a physician recommends the contestant not participate in the contest. A boxer or martial artist who is totally unsighted (uncorrected vision worse that 20/400) in one or both eyes shall be prohibited from competing; or

7. Been denied a license or approval to fight by another jurisdiction for medical reasons.

C. No contestant shall participant in an event while under suspension from a commission of another jurisdiction of the United States due to:

1. A recent knockout or series of consecutive losses;

2. An injury, requirement for a medical procedure, or physician denial of eligibility to compete;

3. Failure of a test for drugs or controlled substances; or

4. The use of false aliases or falsifying, or attempting to falsify, official identification cards or documents.

D. Any promoter or contestant may request reconsideration by the director of the event inspector's decision by immediately providing in writing additional information or contradictory evidence concerning the contestant's skill, ability, or medical fitness.

E. A contestant who is suspended by a commission of another jurisdiction of the United States may be allowed to compete if:

1. The contestant was suspended for a knockout, technical knockout, series of consecutive loses, an injury, a requirement of a medical procedure, or physician denial of certification and the time interval for knockouts and technical knockouts in subsection B of this section has been met and further proof of sufficiently improved, medical or physical condition has been furnished;

2. The contestant was suspended for the failure of a drug test or the use of false aliases or falsifying, or attempting to falsify, official identification cards or documents and that a suspension was not, or is no longer, merited by the facts; or

3. The contestant was suspended for any reason other than those mentioned in subdivisions 1 and 2 of this subsection and the department or the department's contractor notifies the suspending commission in writing and consults with the designated official of the suspending commission prior to the grant of approval for such contestant to participate in a contest.

18VAC120-40-411.7. Weight classes, weigh-ins and prefight meeting.

A. Weight classes are as follows:

Weight Class

Weight in Lbs

Weight in KG

Max Weight Spread

Glove sizes

Atomweight

112 & below

50.9 & below

3 lbs - 1.36kg

8-10 oz

Flyweight

112.1 - 117

50.95 - 53.18

3 lbs - 1.36 kg

8-10 oz

Bantamweight

117.1 - 122

53.22 - 55.45

4 lbs - 1.8 kg

8-10 oz

Featherweight

122.1 - 127

55.50 - 57.72

4 lbs - 1.8 kg

8-10 oz

Lightweight

127.1 - 132

57.77 - 60

4 lbs - 1.8 kg

8-10 oz

Super Lightweight

132.1 - 137

60.04 - 62.27

5 lbs - 2.3 kg

8-10 oz

Light Welterweight

137.1 - 142

62.31 - 64.51

5 lbs - 2.3 kg

8-10 oz

Welterweight

142.1 - 147

64.59 - 66.8

7 lbs - 3.2 kg

8-10 oz

Super Welterweight

147.1 - 153

66.9 - 69.5

7 lbs - 3.2 kg

10 oz

Light Middleweight

153.1 - 159

69.6 - 72.3

7 lbs - 3.2 kg

10 oz

Middleweight

159.1 - 165

72.4 - 75

7 lbs - 3.2 kg

10 oz

Super Middleweight

165.1 - 172

75.1 - 78.2

7 lbs - 3.2 kg

10 oz

Light Heavyweight

172.1 - 179

78.3 - 81.4

7 lbs - 3.2 kg

10 oz

Light Cruiserweight

179.1 - 186

81.5 - 84.5

7 lbs - 3.2 kg

10 oz

Cruiserweight

186.1 - 195

84.6 - 88.6

12 lbs - 5.5 kg

10 oz

Heavyweight

195.1 - 215

88.7 - 97.7

20 lbs - 9.1 kg

10 oz

Super Heavyweight

215.1 and up

97.8 and up

No limit

10 oz

B. No contestant may engage in a contest without the approval of the department or its contractor if the difference in weight between the contestants exceeds the allowance in subsection A of this section.

C. If one of the two boxers contestants in a contest is above or below the weights shown in subsection A of this section, both boxers contestants shall wear the gloves of the higher weight.

D. When weigh-ins occur within 24 hours, but not less than 12 hours prior to the event's scheduled start time, the boxer contestant shall not exceed the weight specified in his contract with the promoter. If a boxer contestant exceeds the weight specified in the contract he shall not compete unless he:

1. Loses the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time;

2. Loses all but two pounds of the weight exceeded in the contract at least 12 hours prior to the event's scheduled start time and loses the final two pounds at least six hours prior to the event's scheduled start time; or

3. Renegotiates the contract.

Boxers Contestants who weigh-in 24 hours prior to the scheduled event shall be required to re-weigh two hours prior to the event's scheduled start time and will not be permitted to exceed the weight specified in the contract by more than 10 pounds.

E. When weigh-ins occur less than 12 hours prior to an event's scheduled start time, the boxer contestant shall not exceed the weight specified in the contract. No boxer contestant shall be permitted to lose more than two pounds within 12 hours of a contest. If a boxer contestant weighs more than two pounds over the weight specified in the contract, he shall not compete unless he:

1. Loses up to two pounds at least six hours prior to the event's scheduled start time; or

2. Renegotiates his contract.

F. All contestants and their seconds must be present at the official weigh-in. The time, date, and location of the weigh-in will be approved by the department. Contestants will be allowed to witness their opponent's weigh-in. All contestants and their seconds must be present at the prefight meeting. Any second who does not attend the prefight meeting will not be permitted in the corner of their contestant.

G. All contestants will report to the event location and their locker rooms at the specified time on the night of the event. Once the contestant reports to the event facility and to the locker room he will be disqualified if he leaves the locker room before time for the bout or leaves the facility before the end of the bout.

NOTICE: The following forms used in administering the regulation were filed by the agency. The forms are not being published; however, online users of this issue of the Virginia Register of Regulations may click on the name of a form with a hyperlink to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

FORMS (18VAC120-40)

Wrestling License Application, A511-4101LIC-v2 (eff. 1/2015)

Boxing License Application, A511-4102LIC-v2 (eff. 1/2015)

Boxing Manager/Matchmaker License Application, A511-4103_04LIC (eff. 9/2012)

Trainer, Second or Cut Man License Application, A511-4105LIC-v2 (eff. 1/2015)

Wrestling Promoter License Application, A511-4106LIC-v2 (eff. 9/2013)

Wrestling Event License Application, A511-4107LIC-v2 (eff. 1/2014)

Boxing Event License Application, A511-4108LIC-v2 (eff. 1/2014)

Boxing Promoter License Application, A511-4110LIC-v1 (eff. 9/2012)

Limited (Temporary) Wrestling License Application, A511-4121LIC-v2 (eff. 1/2015)

Limited (Temporary) Boxing License Application, A511-4122LIC-v2 (eff. 1/2015)

Martial Arts Boxing License Application, A511-4123LIC-v2 (eff. 1/2015)

Amateur Boxing - Sanctioning Organization Approval Application, A511-4130AB_SO-v1 (eff. 10/2015)

Amateur Martial Arts - Sanctioning Organization Approval Application, A511-4130AMA_SOA-v1 (eff. 10/2015)

Amateur Event Notification Form, A511-4130EVE-v1 (eff. 10/2015)

Amateur Sanctioning Organization - Experience Verification Form, A511-4130EXP-v1 (eff. 10/2015)

Martial Arts License Application, A511-4123LIC-v4 (rev. 8/2016)

Martial Arts License Application - Onsite, A511-4123LIC-v5 (rev. 8/2016)

Amateur Martial Arts - Sanctioning Organization Approval Application, A511-4130AMA_SOA-v3 (rev. 7/2016)

Amateur Sanctioning Organization - Experience Verification Form, A511-4130EXP-v2 (rev. 7/2016)

Event Cash Bond Form, A511-41ECBOND (eff. 9/2012)

Event Surety Bond Form, A511-41EVBOND (eff. 9/2012)

Event Card Additions and/or Deletions Form, A511-41EVCHG (eff. 9/2012)

Promoter Payout Report, A511-41PAYREP (eff. 9/2012)

Promoter's Fee Report, A511-41PFR (eff. 9/2012)

Gate Fee Report, A511-41GFR-v2 (eff. 10/2015)

Criminal Conviction Reporting Form, A406-01CCR-v1 (eff. 5/2015)

Disciplinary Action Reporting Form, A406-01DAR-v1 (eff. 5/2015)

Denial of Licensure Reporting Form, A406-01DEN-v1 (eff. 5/2015)

VA.R. Doc. No. R16-4781; Filed July 8, 2016, 3:38 p.m.