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Committee Substitute House Bill 2562 History

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COMMITTEE SUBSTITUTE

FOR

H. B. 2562

(By Delegates Morgan, Stephens, Hartman,

Manypenny, Martin, Staggers, Swartzmiller,

Talbott and Azinger)

         (Originating in the House Committee on Government Organization)

[January 27, 2011]

 

A BILL to repeal §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6, §29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12, §29-5A-13, §29-5A-14, §29-5A-15, §29-5A-16, §29-5A-17, §29-5A-18, §29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A-23, §29-5A-24, §29-5A-25, §29-5A-25a, and §29-5A-26, of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-2-1 of said code; to amend and reenact §11B-1-2 of said code; to amend code by adding thereto a new article designated §29-5-1, §29-5-2, §29-5-3, §29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10, §29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16, §29-5-17 and §29-5-18; and to amend and reenact §29-22-5; all relating to the State Athletic Commission; transferring athletic commission to the division of lottery; prohibiting promoting and boxing without a license; prohibiting mixed martial arts without a license; defining terms; providing for commission composition; setting forth the powers and duties of the commission; setting forth rule-making authority; creating a special revenue account; establishing license and permit requirements; establishing renewal requirements; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for actions to enjoin violations; and providing for criminal sanctions.

Be it enacted by the Legislature of West Virginia:

    That §29-5A-1, §29-5A-2, §29-5A-3, §29-5A-4, §29-5A-5, §29-5A-6, §29-5A-7, §29-5A-8, §29-5A-9, §29-5A-10, §29-5A-11, §29-5A-12, §29-5A-13, §29-5A-14, §29-5A-15, §29-5A-16, §29-5A-17, §29-5A-18, §29-5A-19, §29-5A-20, §29-5A-21, §29-5A-22, §29-5A-23, §29-5A-24, §29-5A-25, §29-5A-25a, and §29-5A-26, of the Code of West Virginia, 1931, as amended, be repealed; that §5F-2-1 of said code be amended and reenacted; that §11B-1-2 of said code be amended and reenacted; that said code be amended by adding thereto a new article, designated §29-5-1, §29-5-2, §29-5-3, §29-5-4, §29-5-5, §29-5-6, §29-5-7, §29-5-8, §29-5-9, §29-5-10, §29-5-11, §29-5-12, §29-5-13, §29-5-14, §29-5-15, §29-5-16, §29-5-17 and §29-5-18; and that §29-22-5 of said code be amended and reenacted, all to read as follows:

CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.

ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.

§5F-2-1. Transfer and incorporation of agencies and boards; funds.

    (a) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Administration:

    (1) Building Commission provided in article six, chapter five of this code;

    (2) Public Employees Insurance Agency provided in article sixteen, chapter five of this code;

    (3) Governor's Mansion Advisory Committee provided in article five, chapter five-a of this code;

    (4) Commission on Uniform State Laws provided in article one-a, chapter twenty-nine of this code;

    (5) West Virginia Public Employees Grievance Board provided in article three, chapter six-c of this code;

    (6) Board of Risk and Insurance Management provided in article twelve, chapter twenty-nine of this code;

    (7) Boundary Commission provided in article twenty-three, chapter twenty-nine of this code;

    (8) Public Defender Services provided in article twenty-one, chapter twenty-nine of this code;

    (9) Division of Personnel provided in article six, chapter twenty-nine of this code;

    (10) The West Virginia Ethics Commission provided in article two, chapter six-b of this code;

    (11) Consolidated Public Retirement Board provided in article ten-d, chapter five of this code; and

    (12) Real Estate Division provided in article ten, chapter five-a of this code.

    (b) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Commerce:

    (1) Division of Labor provided in article one, chapter twenty-one of this code, which includes:

    (A) Occupational Safety and Health Review Commission provided in article three-a, chapter twenty-one of this code; and

    (B) Board of Manufactured Housing Construction and Safety provided in article nine, chapter twenty-one of this code;

    (2) Office of Miners' Health, Safety and Training provided in article one, chapter twenty-two-a of this code. The following boards are transferred to the Office of Miners' Health, Safety and Training for purposes of administrative support and liaison with the office of the Governor:

    (A) Board of Coal Mine Health and Safety and Coal Mine Safety and Technical Review Committee provided in article six, chapter twenty-two-a of this code;

    (B) Board of Miner Training, Education and Certification provided in article seven, chapter twenty-two-a of this code; and

    (C) Mine Inspectors' Examining Board provided in article nine, chapter twenty-two-a of this code;

    (3) The West Virginia Development Office, which includes the Division of Tourism and the Tourism Commission provided in article two, chapter five-b of this code;

    (4) Division of Natural Resources and Natural Resources Commission provided in article one, chapter twenty of this code;

    (5) Division of Forestry provided in article one-a, chapter nineteen of this code;

    (6) Geological and Economic Survey provided in article two, chapter twenty-nine of this code; and

    (7) Workforce West Virginia provided in chapter twenty-one-a of this code, which includes:

    (A) Division of Unemployment Compensation;

    (B) Division of Employment Services;

    (C) Division of Workforce Development; and

    (D) Division of Research, Information and Analysis; and

    (8) Division of Energy provided in article two-f, chapter five-b of this code.

    (c) The Economic Development Authority provided in article fifteen, chapter thirty-one of this code is continued as an independent agency within the executive branch.

    (d) The Water Development Authority and Board provided in article one, chapter twenty-two-c of this code is continued as an independent agency within the executive branch.

    (e) The following agencies and boards, including all of the allied, advisory and affiliated entities, are transferred to the Department of Environmental Protection for purposes of administrative support and liaison with the office of the Governor:

    (1) Air Quality Board provided in article two, chapter twenty-two-b of this code;

    (2) Solid Waste Management Board provided in article three, chapter twenty-two-c of this code;

    (3) Environmental Quality Board, or its successor board, provided in article three, chapter twenty-two-b of this code;

    (4) Surface Mine Board provided in article four, chapter twenty-two-b of this code;

    (5) Oil and Gas Inspectors' Examining Board provided in article seven, chapter twenty-two-c of this code;

    (6) Shallow Gas Well Review Board provided in article eight, chapter twenty-two-c of this code; and

    (7) Oil and Gas Conservation Commission provided in article nine, chapter twenty-two-c of this code.

    (f) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Education and the Arts:

    (1) Library Commission provided in article one, chapter ten of this code;

    (2) Educational Broadcasting Authority provided in article five, chapter ten of this code;

    (3) Division of Culture and History provided in article one, chapter twenty-nine of this code;

    (4) Division of Rehabilitation Services provided in section two, article ten-a, chapter eighteen of this code.

    (g) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Health and Human Resources:

    (1) Human Rights Commission provided in article eleven, chapter five of this code;

    (2) Division of Human Services provided in article two, chapter nine of this code;

    (3) Bureau for Public Health provided in article one, chapter sixteen of this code;

    (4) Office of Emergency Medical Services and Advisory Council provided in article four-c, chapter sixteen of this code;

    (5) Health Care Authority provided in article twenty-nine-b, chapter sixteen of this code;

    (6) Commission on Mental Retardation provided in article fifteen, chapter twenty-nine of this code;

    (7) Women's Commission provided in article twenty, chapter twenty-nine of this code; and

    (8) The Child Support Enforcement Division provided in chapter forty-eight of this code.

    (h) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Military Affairs and Public Safety:

    (1) Adjutant General's Department provided in article one-a, chapter fifteen of this code;

    (2) Armory Board provided in article six, chapter fifteen of this code;

    (3) Military Awards Board provided in article one-g, chapter fifteen of this code;

    (4) West Virginia State Police provided in article two, chapter fifteen of this code;

    (5) Division of Homeland Security and Emergency Management and Disaster Recovery Board provided in article five, chapter fifteen of this code and Emergency Response Commission provided in article five-a of said chapter;

    (6) Sheriffs' Bureau provided in article eight, chapter fifteen of this code;

    (7) Division of Justice and Community Services provided in article nine a, chapter fifteen of this code;

    (8) Division of Corrections provided in chapter twenty-five of this code;

    (9) Fire Commission provided in article three, chapter twenty-nine of this code;

    (10) Regional Jail and Correctional Facility Authority provided in article twenty, chapter thirty-one of this code;

    (11) Board of Probation and Parole provided in article twelve, chapter sixty-two of this code; and

    (12) Division of Veterans' Affairs and Veterans' Council provided in article one, chapter nine-a of this code.

    (i) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Revenue:

    (1) Tax Division provided in article one, chapter eleven of this code;

    (2) Racing Commission provided in article twenty-three, chapter nineteen of this code;

    (3) Lottery Commission and position of Lottery Director provided in article twenty-two, chapter twenty-nine of this code; which includes The State Athletic Commission provided in article five, chapter twenty-nine of this code.

    (4) Agency of Insurance Commissioner provided in article two, chapter thirty-three of this code;

    (5) Office of Alcohol Beverage Control Commissioner provided in article sixteen, chapter eleven of this code and article two, chapter sixty of this code;

    (6) Board of Banking and Financial Institutions provided in article three, chapter thirty-one-a of this code;

    (7) Lending and Credit Rate Board provided in chapter forty-seven-a of this code;

    (8) Division of Banking provided in article two, chapter thirty-one-a of this code;

    (9) The State Budget Office provided in article two of this chapter;

    (10) The Municipal Bond Commission provided in article three, chapter thirteen of this code; and,

    (11) The Office of Tax Appeals provided in article ten-a, chapter eleven of this code. and

    (12) The State Athletic Commission provided in article five-a chapter twenty-nine of this code.

    (j) The following agencies and boards, including all of the allied, advisory, affiliated or related entities and funds associated with any agency or board, are incorporated in and administered as a part of the Department of Transportation:

    (1) Division of Highways provided in article two-a, chapter seventeen of this code;

    (2) Parkways, Economic Development and Tourism Authority provided in article sixteen-a, chapter seventeen of this code;

    (3) Division of Motor Vehicles provided in article two, chapter seventeen-a of this code;

    (4) Driver's Licensing Advisory Board provided in article two, chapter seventeen-b of this code;

    (5) Aeronautics Commission provided in article two-a, chapter twenty-nine of this code;

    (6) State Rail Authority provided in article eighteen, chapter twenty-nine of this code; and

    (7) Port Authority provided in article sixteen-b, chapter seventeen of this code.

    (k) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the position of administrator and the powers, authority and duties of each administrator and agency are not affected by the enactment of this chapter.

    (l) Except for powers, authority and duties that have been delegated to the secretaries of the departments by the provisions of section two of this article, the existence, powers, authority and duties of boards and the membership, terms and qualifications of members of the boards are not affected by the enactment of this chapter. All boards that are appellate bodies or are independent decision makers shall not have their appellate or independent decision-making status affected by the enactment of this chapter.

    (m) Any department previously transferred to and incorporated in a department by prior enactment of this section means a division of the appropriate department. Wherever reference is made to any department transferred to and incorporated in a department created in section two, article one of this chapter, the reference means a division of the appropriate department and any reference to a division of a department so transferred and incorporated means a section of the appropriate division of the department.

    (n) When an agency, board or commission is transferred under a bureau or agency other than a department headed by a secretary pursuant to this section, that transfer is solely for purposes of administrative support and liaison with the Office of the Governor, a department secretary or a bureau. Nothing in this section extends the powers of department secretaries under section two of this article to any person other than a department secretary and nothing limits or abridges the statutory powers and duties of statutory commissioners or officers pursuant to this code.

CHAPTER 11B. DEPARTMENT OF REVENUE.

ARTICLE 1. DEPARTMENT OF REVENUE.

§11B-1-2. Agencies, boards, commissions, divisions and offices comprising the Department of Finance and Revenue.

    (a) There shall be in the Department of Revenue the following agencies, boards, commissions, divisions and offices, including all of the allied, advisory, affiliated or related entities which are incorporated in and shall be administered as part of the Department of Revenue:

    (1) The Alcohol Beverage Control Commissioner provided for in article sixteen, chapter eleven of this code and article one, chapter sixty of this code;

    (2) The Division of Banking provided for in article two, chapter thirty-one-a of this code;

    (3) The Board of Banking and Financial Institutions provided for in article three, chapter thirty-one-a of this code;

    (4) The State Budget Office heretofore known as the budget section of the Finance Division, Department of Administration, previously provided for in article two, chapter five-a of this code and now provided for in article two of this chapter;

    (5) The agency of Insurance Commissioner provided for in article two, chapter thirty-three of this code;

    (6) The Lending and Credit Rate Board provided for in chapter forty-seven-a of this code;

    (7) The Lottery Commission and the position of Lottery Director provided for in article twenty-two, chapter twenty-nine of this code; which includes The State Athletic Commission provided in article five, chapter twenty-nine of this code.

    (8) The Municipal Bond Commission provided for in article three, chapter thirteen of this code;

    (9) The Office of Tax Appeals provided for in article ten-a, chapter eleven of this code;

    (10) The State Athletic Commission provided for in article five-a, chapter twenty-nine of this code;

    (11) (10) The Tax Division provided for in article one, chapter eleven of this code; and

    (12) (11) The West Virginia Racing Commission provided for in article twenty-three, chapter nineteen of this code.

    (b) The department shall also include any other agency, board, commission, division, office or unit subsequently incorporated in the department by the Legislature.

ARTICLE 5. STATE ATHLETIC COMMISSION.

§29-5-1. License required.

    (a) A person may not promote a contest unless the person is licensed under this article and secures a permit to conduct the contest.

    (b) A person may not participate in a contest as an official or contestant, unless the person is licensed under this article.

§29-5-2. Definitions.

    As used in this article:

    (a) "Amateur" means a contestant who does not compete for a prize, in cash or otherwise.

    (b) “Boxing” means a contest between contestants who fight with their fists protected by gloves or mittens fashioned of leather or similar material, the duration of which is limited to a stated number of rounds separated by rest periods of equal duration. “Boxing” includes kickboxing.

    (c) “Business entity” means any firm, partnership, association, club, company, corporation, limited partnership, limited liability company or other entity.

    (d) "Contest" means any public or private competition or exhibition that involves boxing, mixed martial arts or tough man.

    (e) "Contestant" means a person participating in a contest or exhibition including a manager, trainer, or second of a contestant.

    (f) ”Mixed martial arts” means a combative sporting contest, the rules of which allow two competitors to attempt to achieve dominance over one another by utilizing a variety of techniques including, but not limited to, striking, grappling and the application of submission holds.

    (g) “Official” means referee, judge, matchmaker, timekeeper licensed under this article.

    (h) "Professional” means an individual licensed by the commission who competes for or has competed for a money prize, purse or compensation in a contest.

    (I) “Promote” means to conduct or hold a contest.

    (j) "Semi-Professional" means a tournament that involves physical contact between two individuals who attempt to out point the opponent by using boxing techniques and tactics. The winner of the tournament receiving a monetary prize or compensation.

§29-5-3. State Athletic Commission.

    (a) The West Virginia Athletic Commission is terminated July 1, 2011, and shall be reconstituted on July 1, 2011. The commission shall consist of the five members appointed by the Governor, by and with the advice and consent of the Senate:

    (1) One member who has five years experience in professional boxing;

    (2) One member who has five years of experience in professional mixed martial arts;

    (3) One member who has five years of experience in semi-professional boxing;

    (4) One member who is a licensed allopathic or osteopathic physician; and

    (5) One citizen member, who is not licensed under the provisions of this article and does not perform any services related to the persons regulated under this article.

    (b) The terms shall be for four years, except for the initial terms which the Governor shall stagger.

    (c) Each member of the commission must be a resident of this state during the appointment term.

    (d) A person, who is regulated by the commission, may not be appointed to the commission or be an employee of the commission. A member may not have any legal or beneficial interest, direct or indirect, pecuniary or otherwise, in any person who is regulated by the commission or who participates in a contest.

    (e) A member may not participate in any contest other than in the member's official capacity as a member of the commission.

    (f) A member may not serve more than two consecutive full terms. A member may continue to serve until a successor has been appointed and has qualified.

    (g) A vacancy on the commission shall be filled by appointment by the Governor for the unexpired term of the member whose office is vacant and the appointment shall be made within sixty days of the vacancy.

    (h) The Governor may remove any member from the commission for neglect of duty, incompetency or official misconduct.

    (i) A member of the commission immediately and automatically forfeits membership on the commission if he or she is convicted of a felony under the laws of any jurisdiction, or becomes a nonresident of this state.

    (j) The commission shall elect annually one of its members as chairperson who serves at the will of the commission.

    (k) Each member of the commission is entitled to compensation and expense reimbursement in accordance with section eleven, article one, chapter thirty of this code.

    (l) A majority of the members of the commission constitutes a quorum.

    (m) The commission shall hold at least two annual meetings. Other meetings may be held at the call of the chairperson or upon the written request of two members, at the time and place as designated in the call or request.

    (n) Prior to commencing his or her duties as a member of the commission, each member shall take and subscribe to the oath required by section five, article four of the Constitution of this state.

§29-5-4. Powers and duties of the commission.

    (a) The commission has all the powers and duties set forth in this article, by rule, and elsewhere in law.

    (b) The commission shall:

    (1) Have control over professional boxing and mixed martial arts contests and amateur mixed martial arts contest;

    (2) Have control over semi-professional boxing;

    (3) Hold meetings and conduct hearings;

    (4) Establish requirements for licenses;

    (5) Establish procedures for submitting, approving and rejecting applications for licenses and permits;

    (6) Determine the qualifications of any applicant for licenses and permits;

    (7) Hire, discharge, establish the job requirements and fix the compensation of the executive director;

    (8) Maintain an office, and hire, discharge, establish the job requirements and fix the compensation of employees, investigators and contracted employees necessary to enforce the provisions of this article;

    (9) Investigate alleged violations of the provisions of this article, legislative rules, orders and final decisions of the commission;

    (10) Establish the criteria for the training of investigators;

    (11) Set the requirements for investigations;

    (12) Conduct disciplinary hearings of persons regulated by the commission;

    (13) Determine disciplinary action and issue orders;

    (14) Institute appropriate legal action for the enforcement of the provisions of this article;

    (15) Maintain an accurate registry of names and addresses of all licensees;

    (16) Keep accurate and complete records of its proceedings, and certify the same as may be necessary and appropriate;

    (17) Issue, renew, combine, deny, suspend, revoke or reinstate licenses and permits;

    (18) Establish a fee schedule;

    (19) Have access to the financial records of licensees and permittees;

    (20) Propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article; and

    (21) Take all other actions necessary and proper to effectuate the purposes of this article.

    (c) The commission may:

    (1) Sue and be sued in its official name as an agency of this state; and

    (2) Confer with the Attorney General or his or her assistant in connection with legal matters and questions.

§29-5-5. Rulemaking.

    (a) The commission shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including:

    (1) Standards and requirements for licenses and permits;

    (2) Adopting the unified rules of mixed martial arts;

    (3) Adopting the unified rules of boxing;

    (4) Adopting rules governing semi-professional boxing contests;

    (5) Procedures for the issuance and renewal of licenses and permits;

    (6) A fee schedule;

    (7) Increasing the surety bond or required insurance above the statutory minimum;

    (8) The procedures for denying, suspending, revoking, reinstating or limiting the practice of licensees and permitees;

    (9) Requirements for investigations;

    (10) Requirements for the reinstatement of revoked licenses or permits; and

    (11) Any other rules necessary to effectuate the provisions of this article.

    (b) All of the commission’s rules in effect on July 1, 2011, shall remain in effect until they are amended or repealed, and references to provisions of former enactments of this article are interpreted to mean provisions of this article.

§29-5-6. Fees; special revenue account; administrative fines.

    (a) All fees and other moneys, except administrative fines, received by the commission shall be deposited in a separate special revenue fund in the State Treasury designated the “West Virginia State Athletic Commission”, which is continued. The fund is used by the commission for the administration of this article. Except as may be provided in article one, chapter thirty, the commission retains the amount in the special revenue account from year to year. No compensation or expense incurred under this article is a charge against the General Revenue Fund.

    (b) Any amount received as fines, imposed pursuant to this article, shall be deposited into the General Revenue Fund of the State Treasury.

§29-5-7. Promoter’s license requirements.

    (a) To be eligible for a license to promote a contest, the applicant must:

    (1) Apply to the commission on a form prescribed by the commission;

    (2) Be of good moral character;

    (3) Conduct his or her business in the best interest and welfare of the public and preserving the safety and health of participants;

    (4) Pay the prescribed fee; and

    (5) Adhere to and comply with the rules of the commission.

    (b) In the case of a corporate applicant, these factors shall pertain to its officers, directors, principal stockholders and employees.

    (c) The inspector and other officials designated by the commission to be in charge of a contest shall be paid by the promoter for each weigh-in ceremony and for each day of the contest.

    (d) A promoter shall, within one week after the determination of a contest, furnish to the commission a written report detailing the number of tickets sold, the amount of the gross proceeds and other matters as the commission may prescribe.

    (e) A promoter shall execute and file with the commission a surety bond in an amount not less than $10,000.

    (f) A license issued pursuant to this section shall bear the name of the promoter, the address of the promoter, the date of expiration, and an identification number designated by the commission.

    (g) A promoter's license shall expire twelve months after its date of issuance and shall become invalid on that date unless renewed. A promoter's license may be renewed upon application to the commission and upon payment of the renewal fee.

    (h) A person licensed as a promoter shall insure each contestant in a contest for hospital, nursing, and medication expenses and for physicians' and surgeons' services. The amount of the insurance may not be less than $20,000 and shall be paid to or for the use of a contestant for any injuries sustained in a contest.

    (i) A person licensed as a promoter shall provide life insurance to each contestant. The amount of life insurance may not be less than $20,000 and it shall be paid to the contestant's estate if the contestant dies as the result of participation in the contest.

§29-5-8. Contestant license requirements.

    (a) To be eligible for a license to be a contestant in a boxing or mixed martial arts contest, the applicant must:

    (1) Apply to the commission on a form prescribed by the commission;

    (2) Be physically fit and mentally sound;

    (3) Pay the prescribed fee;

    (4) Provide two recent photos, passport size;

    (5) Adhere to and comply with the rules of the commission;

    (6) Have passed a physical by a licensed physician the day of the scheduled contest; and

    (7) Present documentary evidence, satisfactory to the commission, that:

    (A) Within one year, immediately proceeding a contest, the applicant has been tested for the presence of:

    (i) Antibodies to the human immunodeficiency virus (HIV);

    (ii)The antigen of virus hepatitis B;

    (iii) Antibodies to virus hepatitis C; and,

    (iv) A pregnancy test, if applicable; and,

    (B) The results of all tests are negative;

    (8) Report the results of the examination to the commission.

    (b) All contestants must sign a medical information release form to permit the commission to review the contestant’s medical information.

§29-5-9. Semi-professional contestant license requirements.

    (a) To be eligible for a license to be a semi-professional contestant, the applicant must:

    (1) Apply to the commission on a form prescribed by the commission;

    (2) Be physically fit and mentally sound;

    (3) Pay the prescribed fee;

    (4) Adhere to and comply with the rules of the commission; and

    (5) Have passed a physical by a licensed physician on the day of the scheduled contest.

§29-5-10. Officials license requirements.

    (a) To be eligible for a license to be an official, the applicant must:

    (1) Apply to the commission on a form prescribed by the commission;

    (2) Be of good moral character;

    (3) Be physically fit and mentally sound;

    (4) Pay the prescribed fee;

    (5) Adhere to and comply with the rules of the commission;

    (6) Be unlikely to engage in acts detrimental to the fair and honest conduct of contests;

    (7) Be qualified to hold a license by reason of the applicant's knowledge and experience; and

    (8) Meet any other requirements the commission prescribes by legislative rule.

    (b) The chief official of the contest is the deputy chief. The chief official of the bout is the referee. The referee shall have general supervision and control over the contest and shall be paid by the promoter.

    (c) The officials shall be appointed by the commission, and shall receive from the commission a card authorizing them to act as such.

§29-5-11. Permit requirements.

    (a) To be eligible for a permit to conduct a contest an applicant must:

    (1) Be licensed under section seven of this article; and,

    (2) Apply to the commission on a form prescribed by the commission. The form shall require the following information:

    (A) The date and starting time of the contest;

    (B) The address of the place where the contest is to be held;

    (C) The names of the contestants;

    (D) The seating capacity of the building where the contest is to be held;

    (E) The admission charge or any other charges;

    (F) A copy of the contracts the promoter and the contestants have signed; and

    (G) The name and address of the applicant; and

    (3) Pay the applicable fee.

    (b) The commission shall determine if the contestants are evenly and fairly matched according to skill, experience and weight so as to produce a fair and sportsmanlike contest.

    (c) Each permit issued pursuant to this section shall bear the name and address of the applicant, the address of the place where the contest is to be held, and the date and starting time of the contest.

    (d) The permit allows the permit holder to conduct only the contest named in the permit. A permit is not transferable.

§29-5-12. Amateur boxing.

    Amateur boxing shall be governed by United States Boxing Association.

§29-5-13. Deputy chief and inspectors at contests.

    (a) The commission shall employ a deputy chief and inspectors to attend each contest held under a permit.

    (b) At least one deputy chief and at least two inspectors shall be assigned to a facility for a contest.

    (c) The compensation of the deputy chief and the inspectors for attending a contest shall be charged to and paid by the permittee at whose facility the inspector serves.

    (d) The inspectors shall report any violations of this article and legislative rules to the deputy chief.

§29-5-14. Complaints; investigations; due process procedure;     grounds for disciplinary action.

    (a) The commission may upon its own motion based on credible information, and shall upon the written complaint of any person, cause an investigation to be made to determine whether grounds exist for disciplinary action under this article or the legislative rules of the commission.

    (b) Upon initiation or receipt of the complaint, the commission shall provide a copy of the complaint to the licensee or permittee.

    (c) After reviewing any information obtained through an investigation, the commission shall determine if probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article.

    (d) Upon a finding that probable cause exists that the licensee or permittee has violated subsection (g) of this section or rules promulgated pursuant to this article, the commission may enter into a consent decree or hold a hearing for the suspension or revocation of the license or permit or the imposition of sanctions against the licensee or permittee.

    (e) Any member of the commission or the executive director of the commission may issue subpoenas and subpoenas duces tecum to obtain testimony and documents to aid in the investigation of allegations against any person regulated by the article.

    (f) Any member of the commission or its executive director may sign a consent decree or other legal document on behalf of the commission.

    (g) The commission may, after notice and opportunity for hearing, deny or refuse to renew, suspend or revoke the license or permit of, impose probationary conditions upon or take disciplinary action against, any licensee or permittee for any of the following reasons once a violation has been proven by a preponderance of the evidence:

    (1) Obtaining a license or permit by fraud, misrepresentation or concealment of material facts;

    (2) Being convicted of a felony or other crime involving moral turpitude;

    (3) Being guilty of unprofessional conduct which placed the public at risk, as defined by legislative rule of the commission;

    (4) Intentional violation of a lawful order or legislative rule of the commission;

    (5) Having had an authorization revoked, suspended, other disciplinary action taken, by the proper authorities of another jurisdiction;

    (6) Having had an application denied by the proper authorities of another jurisdiction;

    (7) Aiding or abetting unlicensed practice;

    (8) Engaging in an act while acting in a professional capacity which has endangered or is likely to endanger the health, welfare or safety of the public;

    (9) Being a habitual drunkard or addicted to the use of a controlled substance;

    (10) Being mentally incompetent;

    (l1) Failing to maintain in force the bond required by this chapter;

    (12) Conducting himself or herself, by act or omission, in a manner which would tend to be detrimental to the best interests of boxing, mixed martial arts and semiprofessional boxing generally, or to the public interest and general welfare;

    (13) Failing to pay a fine or forfeiture imposed by this chapter;

    (14) Knowingly permitting a person less than eighteen years of age to participate in a public boxing or wrestling contest;

    (15) Knowingly permitting gambling, betting, or wagering on the result of a contingency in connection with a contest; or

    (16) Knowingly conducting or allowing to be conducted a sham or fake contest.

    (h) For the purposes of subsection (g) of this section disciplinary action may include:

    (1) Reprimand;

    (2) Probation;

    (3) Administrative fine, not to exceed $1,000 per day per violation;

    (4) Practicing under supervision or other restriction;

    (5) Requiring the licensee to report to the commission for periodic interviews for a specified period of time; or

    (6) Other corrective action considered by the commission to be necessary to protect the public.

§29-5-15. Procedures for hearing; right of appeal.

    (a) Hearings shall be governed by the provisions of article five, chapter twenty-nine-a of this code.

    (b) The commission may conduct the hearing or elect to have an administrative law judge conduct the hearing.

    (c) If the hearing is conducted by an administrative law judge, at the conclusion of a hearing he or she shall prepare a proposed written order containing findings of fact and conclusions of law. The proposed order may contain proposed disciplinary actions if the commission so directs. The commission may accept, reject or modify the decision of the administrative law judge.

    (d) Any member or the executive director of the commission has the authority to administer oaths, examine any person under oath and issue subpoenas and subpoenas duces tecum.

    (e) If, after a hearing, the commission determines the licensee or permittee has violated subsection (g) of this section or the commission’s rules, a formal written decision shall be prepared which contains findings of fact, conclusions of law and a specific description of the disciplinary actions imposed.

§29-5-16. Judicial review.

    Any licensee or permittee adversely affected by a decision of the commission entered after a hearing may obtain judicial review of the decision in accordance with section four, article five, chapter twenty-nine-a of this code, and may appeal any ruling resulting from judicial review in accordance with article six, chapter twenty-nine-a of this code.

§29-5-17. Actions to enjoin violations.

    (a) If the commission obtains information that any person has engaged in, is engaging in or is about to engage in any act which constitutes or will constitute a violation of the provisions of this article, the rules promulgated pursuant to this article, or a final order or decision of the commission, it may issue a notice to the person to cease and desist in engaging in the act and/or apply to the circuit court in the county of the alleged violation for an order enjoining the act.

    (b) The circuit courts of this state may issue a temporary injunction pending a decision on the merits, and may issue a permanent injunction based on its findings in the case.

    (c) The judgment of the circuit court on an application permitted by the provisions of this section is final unless reversed, vacated or modified on appeal to the West Virginia Supreme Court of Appeals.

§29-5-18. Criminal proceedings; penalties.

    (a) When, as a result of an investigation under this article or otherwise, the commission has reason to believe that a licensee or permittee has committed a criminal offense under this article, the commission may bring its information to the attention of an appropriate law-enforcement official.

    (b) A person violating a provision of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 nor more than $10,000 or confined in jail not more than six months, or both fined and confined.

ARTICLE 22. STATE LOTTERY ACT.

§29-22-5. State Lottery Commission; powers and duties; cooperation of other agencies.

    (a) The commission has the authority to:

    (1) Promulgate rules in accordance with chapter twenty-nine-a of this code: Provided, That those rules promulgated by the commission that are necessary to begin the lottery games selected shall be exempted from the provisions of chapter twenty-nine-a of this code in order that the selected games may commence as soon as possible;

    (2) Establish rules for conducting lottery games, a manner of selecting the winning tickets and manner of payment of prizes to the holders of winning tickets;

    (3) Select the type and number of public gaming systems or games, to be played in accordance with the provisions of this article;

    (4) Contract, if deemed desirable, with the educational broadcasting authority to provide services through its microwave interconnection system to make available to public broadcasting stations servicing this state and, at no charge, for rebroadcast to commercial broadcasting stations within this state, any public gaming system or games drawing;

    (5) Enter into interstate and international lottery agreements with other states or foreign countries, or any combination of one or more states and one or more foreign countries;

    (6) Adopt an official seal;

    (7) Maintain a principal office and, if necessary, regional suboffices at locations properly designated or provided;

    (8) Prescribe a schedule of fees and charges;

    (9) Sue and be sued;

    (10) Lease, rent, acquire, purchase, own, hold, construct, equip, maintain, operate, sell, encumber and assign rights of any property, real or personal, consistent with the objectives of the commission as set forth in this article;

    (11) Designate one of the deputy directors to serve as acting director during the absence of the director;

    (12) Hold hearings on any matter of concern to the commission relating to the lottery, subpoena witnesses, administer oaths, take testimony, require the production of evidence and documentary evidence and designate hearing examiners and employees to so act; and

    (13) To make and enter into all agreements and do all acts necessary or incidental to the performance of its duties and the exercise of its powers under this article.

    (14) Provide administrative support and office space to the State Athletic Commission.

    (b) Departments, boards, commissions or other agencies of this state shall provide assistance to the state lottery office upon the request of the director.

    (c) Upon the request of the deputy director for the security and licensing division in conjunction with the director, the Attorney General, Department of Public Safety and all other law-enforcement agencies shall furnish to the director and the deputy director such information as may tend to assure the security, honesty, fairness and integrity in the operation and administration of the lottery as they may have in their possession, including, but not limited to, manual or computerized information and data. The director is to designate such employees of the security and licensing division as may be necessary to act as enforcement agents. Such agents are authorized to investigate complaints made to the commission or the State Lottery Office concerning possible violation of the provisions of this article and determine whether to recommend criminal prosecution. If it is determined that action is necessary, an agent, after approval of the director, is to make such recommendation to the prosecuting attorney in the county wherein the violation occurred or to any appropriate law-enforcement agency.

 

 

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