TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING
REGISTRAR'S NOTICE: The
Department of Professional and Occupational Regulation is claiming an exemption
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 from 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).
Statutory Authority: § 54.1-831 of the Code of
Virginia.
Effective Date: October 1, 2015.
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:
The amendment conforms to Chapters 216 and 264 of the 2015
Acts of Assembly, which authorize the Director of the Department of
Professional and Occupational Regulation to approve sanctioning organizations
to oversee the conduct of amateur boxing and martial arts events. Specifically,
the amendment removes language exempting certain amateur boxing and wrestling
contests from Chapter 8.1 (§ 54.1-828 et seq.) of Title 54.1 of the Code
of Virginia and from the provisions of this regulation.
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 and wrestling events as provided for in Chapter 8.1 (§ 54.1-828 et seq.)
of Title 54.1 of the Code of Virginia.
Amateur boxing and wrestling contests, where the
participants receive no money, compensation, including a promise of
participation in a future nonamateur event, or reward other than a suitably
inscribed memento are exempt from the provisions of Chapter 8.1 of Title 54.1
of the Code of Virginia and from the provisions of this chapter. Amateurs may
participate in licensed events only if the portion of the event containing
amateur matches is sanctioned by a nationally recognized sanctioning
organization. The department will not exercise any control over amateur
contests that take place during a licensed event.
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.
VA.R. Doc. No. R15-4460; Filed July 31, 2015, 11:11 a.m.