TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Fast-Track Regulation

Title of Regulation: 18VAC120-40. Virginia Professional Boxing and Wrestling Events Regulations (amending 18VAC120-40-295).

Statutory Authority: § 54.1-831 of the Code of Virginia; 15 USC § 6301 et seq.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: March 26, 2025.

Effective Date: May 1, 2025.

Agency Contact: Kathleen R. Nosbisch, 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.

Basis: Section 54.1-201 of the Code of Virginia gives the boards of the Department of Professional and Occupational Regulation (DPOR) authority to promulgate regulations necessary to ensure continued competency, to prevent deceptive or misleading practices by practitioners, and to effectively administer the regulatory system administered by the board. Section 54.1-831 of the Code of Virginia authorizes the Director of DPOR to promulgate regulations to implement the federal Professional Boxing Safety Act of 1996 (15 USC § 6301 et seq.) and protect the public against incompetent, unqualified, unscrupulous, or unfit persons engaging in professional boxing and wrestling events.

Purpose: Boxers often reduce weight by dehydrating and other means before weigh-in to meet the weight specified in the boxer's contract. As a result, a boxer at weigh-in is often very dehydrated. After meeting the required weight, a boxer will rehydrate to gain back their strength and weight. The rehydration and weight gain process can sometimes cause a boxer to gain more than 10 pounds, thereby resulting in the boxer being out of compliance with the current re-weigh requirement in the regulation. However, if a boxer is not permitted to sufficiently rehydrate and potentially exceed the 10-pound restriction, the boxer's health may be at risk. The proposed regulatory change is necessary to have an immediate effect in providing a safer weigh-in procedure. The amendments will allow boxers to fully rehydrate up to the time of the event. The second weigh-in requirement needs to be eliminated to protect the health, safety, and welfare of boxers. Most states do not require a second weigh-in prior to an event. This current requirement causes promoters and boxers to avoid holding events in Virginia.

Rationale for Using Fast-Track Rulemaking Process: After input from the public and other boxing commissions, the Boxing, Martial Arts, and Professional Wrestling Advisory Board determined that the second weigh-in requirement in the regulation creates potential adverse effects on the health of boxers. This action is not the result of a mandate. This action is expected to be noncontroversial and is appropriate for the fast-track rulemaking process as the amendments remove a burdensome requirement for boxers to better ensure the safety of boxers. This action does not increase existing requirements or impose new requirements on regulants. Moreover, this action will help ensure that the standards in the regulation are consistent with nationally recognized practice.

Substance: The amendments remove the requirements that boxers be reweighed two hours prior to an event's start time and that boxers weigh no more than 10 pounds from the boxer's contracted weight.

Issues: The primary advantage to the regulated community and to the public from this regulatory change is to better protect the health and safety of boxers by allowing boxers to properly rehydrate to normal body weight prior to a boxing event. An additional advantage is that removing the reweigh requirement will likely lead to an increase in the number of boxing events in Virginia. No disadvantages to the public or the Commonwealth have been identified.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department of Professional and Occupational Regulation (DPOR) proposes to no longer require that boxers who weigh in 24 hours prior to the scheduled event also re-weigh two hours prior to the event's scheduled start time.

Background. Under the current regulation, boxers are weighed in 24 hours before the event start time and are required to meet their contracted weight. The boxers are then re-weighed two hours before the event start time and must not then exceed the weight specified in the contract by more than 10 pounds. According to DPOR, it is a common practice of boxers to reduce weight (by dehydrating and other means) before weigh-in to meet the weight specified in their contract. As a result, a boxer at weigh-in is often very dehydrated. After meeting the required weight, a boxer will rehydrate to gain back strength and weight. The rehydration and weight gain can sometimes be more than 10 pounds, thereby resulting in the boxer being out of compliance with the current re-weigh requirements in the regulation. However, if a boxer is not permitted to sufficiently rehydrate and potentially exceed the 10-pound restriction, the boxer's health may be at risk. After input from the public, boxers, promotors and other boxing commissions, the Boxing, Martial Arts, and Professional Wrestling Advisory Board determined that the second weigh-in requirement in the regulation creates potential adverse effects on the health of boxers and is not necessary. Also, DPOR staff determined that the nationally recognized practice was to have one weigh-in the day before the event. DPOR reports that this practice is followed by neighboring and nearby states (Maryland, North Carolina, South Carolina, Pennsylvania, and New Jersey), which only require the one weigh-in the day before the event.

Estimated Benefits and Costs: No longer requiring that boxers have a second weigh-in two hours before the event would likely be beneficial in that it could reduce health risk to boxers by allowing them to fully hydrate. The proposed change does not appear to introduce costs.

Businesses and Other Entities Affected. As of November 1, 2024, there were 91 boxers, 31 promoters, 186 trainers or cutmen, three managers, 31 matchmakers, and four boxing events licensed in the Commonwealth, all of which could be directly or indirectly affected by the proposed change.² The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁴ As the proposed amendment neither increases net cost nor reduces net benefit, no adverse impact is indicated.

Small Businesses⁵ Affected.⁶ The proposed amendment does not adversely affect small businesses.

Localities⁷ Affected.⁸ The proposed amendment neither disproportionately affect particular localities nor increases costs for local governments.

Projected Impact on Employment. The proposed amendment does not appear to affect total employment.

Effects on the Use and Value of Private Property. The proposed amendment does not appear to substantively affect the use and value of private property. The proposed amendment does not affect real estate development costs.

_____________________________

¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² Data source: DPOR.

³ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁵ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁶ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁷ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁸ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency Response to Economic Impact Analysis: The Department of Professional and Occupational Regulation concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The amendments remove the requirement for boxers to reweigh two hours prior to the scheduled start time for a boxing event when the weigh-in occurs 24 hours prior to the event start time.

18VAC120-40-295. Weight classes and weigh-ins and prefight meeting.

A. Weight classes are as follows:

B. No boxer may engage in a contest without the approval of the department or its the department's contractor if the difference in weight between the boxers exceeds the allowance shown in subsection A of this section.

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

D. Boxers shall be weighed within 24 hours prior to the scheduled event. Each boxer and second shall appear at a time and place designated by the promoter and approved by the department or its the department's contractor to be weighed on scales approved by the department or its the department's contractor in the presence of each other, the promoter or his the promoter's representative, and a designee of the department or its the department's contractor. Boxers shall have all weight removed from their bodies before the weigh-in but may wear shorts in the case of males, and shorts and shirts in the case of females. Once weigh-ins commence, the scales shall not be moved until weigh-ins are complete.

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

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 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.

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

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

2. Renegotiates his the contract.

G. The promoter is responsible for ensuring that all boxers and seconds are present at the prefight meeting. Any second who does not attend the prefight meeting will not be permitted in the corner of their boxer. All boxers will report to the event location and their locker rooms at the specified time on the night of the event. Once the boxer reports to the event facility and to the locker room he, the boxer will be disqualified if he the boxer leaves the locker room before time for the bout or leaves the facility before the end of the bout.