Section 1370.190  Disciplinary Action

a)         All licensees may be disciplined for any violation of the Act or this Part.

b)         The administration or use of any drugs, alcohol or stimulants, or injections in any part of the body or applied topically to any part of the body, either before or during a bout, to or by any contestant is prohibited.  Any contestant violating this Section shall be subject to disqualification or other disciplinary or non-disciplinary action as the Division may deem proper.

c)         The Division or its designee may order the purse withheld from a contestant for failing to perform to the best of his or her ability.  The contestant may request a hearing in writing within 15 days after the contest to determine the amount of the purse, if any, that will be transferred to the contestant.  The purse shall be returned to the promoter 15 days after the contest if no hearing is requested.  The hearing shall be held within 30 days after the date the request is received by the Division.  When a hearing is held, any amount of purse not awarded to the contestant shall be returned to the promoter.

d)         If a licensed contestant or contestant that has fought in any event not approved by the Division then competes against an amateur contestant, he or she may be immediately suspended for a period of not more than one year.

e)         A contestant who refuses to fight or fails to appear at the weigh-in or in the bout for which he or she signed a bout agreement shall be immediately suspended for not more than 6 months.  The Division may terminate the suspension if the contestant is released from the bout agreement by mutual agreement between the contestant and the promoter.  The promoter shall provide the Department notice of this agreement of release in writing.

f)         If, prior to a bout, a contestant files a certificate from a physician stating that the contestant is unable to fulfill a bout agreement because of physical disability, the contestant shall be immediately placed on a medical suspension for 60 days and be reinstated from the suspension in the same manner as provided for in Section 25.1 of the Act.

g)         A promoter's license may be immediately suspended for failure to pay taxes as required by Section 13 of the Act.  Any promoter whose license has been suspended shall not promote a contest until he or she has shown the Division proof that any outstanding taxes have been paid in full.  A promoter's license may be subject to further discipline for late payment of taxes.

h)         A promoter's license may be immediately suspended until payment of compensation is made to contestants and other participants.  Any promoter whose license has been suspended pursuant to this subsection shall not promote a contest until he or she has satisfied any disciplinary requirements imposed by the Division.  A promoter's license may be subject to further discipline for late payment of compensation.

i)          The Division may immediately suspend the license of any licensee who misrepresents or falsifies information, data or documentation for application or other purposes. The Division may immediately report any action taken against a licensee to any keeper of records.

j)          Any registrant who misrepresents or falsifies information, data or documentation for registration or other purposes shall void his or her registration. The Division may deny future registration or licensure to that registrant. The Division may immediately report the voiding or denial of that registration to any keeper of records.

k)         A promoter, contestant, manager, second or representative of the contestant may not verbally harass, physically abuse, throw any object at, or make illicit gestures toward any person present at the venue, including, but not limited to, officials, inspectors or other Division representatives before, during or after any contest.  Any promoter, contestant, manager, second or any representative of the contestant violating this Part may be immediately suspended or subject to any other disciplinary or non-disciplinary action the Division deems proper.

l)          Throwing the mouthpiece into the audience during or after the contest may result in an immediate suspension or subject the offender to any other disciplinary or non-disciplinary action the Division deems proper.

m)        No contestant or promoter may play any type of entrance theme that includes music, video or any type of physical display that contains any profane, offensive or derogatory remarks.  Anyone violating this subsection may be immediately suspended or subject to any other disciplinary or non-disciplinary action the Division deems proper.

n)         When a bout is cancelled because a contestant fails to make the required weight listed in his or her contestant/promoter contract, the contestant shall be subject to a fine not to exceed 25% of the purse amount and any other disciplinary or non-disciplinary action the Division deems proper.  The contestant may request a hearing in writing within 15 days after the contest to appeal the suspension.  The hearing shall be held within 30 days after the date the request for hearing is received by the Division. 

o)         In instances in which the Division immediately suspends or revokes a license, a hearing must be commenced within 30 days after the suspension and completed without appreciable delay.  A license suspended pursuant to this Section may be subject to further discipline for violation of the Act and/or this Part.