889 Boxing and wrestling  

  • Title 58--RECREATION

    STATE ATHLETIC COMMISSION

    [58 PA. CODE CHS. 1, 3, 5, 9, 11, 13,
    21, 23, 25, 27, 31 AND 33]

    Boxing and Wrestling

    [32 Pa.B. 2443]

       The State Athletic Commission (SAC) amends all but two chapters of its regulations in Part I (relating to State Athletic Commission) to read as set forth in Annex A. The amendments are adopted as final-form under 5 Pa.C.S. §§ 101--2110 (relating to the Athletic Code) (code). The code was renumbered and revised under the act of May 13, 1992 (P. L. 180, No. 32) (Act 32). The statutory changes also require a comprehensive revision of most regulations.

    I.  Statutory Authority

       SAC has the authority to promulgate regulations under section 103(b)(1) of the code (relating to duties of commission).

    II.  Responses to Comments

       The notice of proposed rulemaking was published at 30 Pa.B. 2611 (May 27, 2000) and was subject to a 30-day public comment period. SAC received no public comments and no comments from the House and Senate State Government Committees. The Independent Regulatory Review Commission (IRRC) filed its comments with SAC on May 4, 2000. Because the preamble for the proposed rulemaking was previously printed in the Pennsylvania Bulletin, this preamble will address the amendments SAC made as a result of the comments that IRRC provided.

       The comments made by IRRC related to clarity, consistency with the statute, statutory authority and implementation procedure. In addition to the specific revisions discussed in detail in Part III of this Preamble, IRRC made general comments on three issues regarding clarity that pertain to numerous sections throughout the proposed rulemaking.

       First, IRRC commented that the proposed rulemaking used a general reference to the entire code and recommended that SAC refer to specific statutory sections or subsections that pertain to particular regulatory provisions. Second, IRRC asked that SAC clarify what it meant in the proposed rulemaking when it referred to ''the Commission (SAC) or Executive Director'' or to ''the Commission.'' At times, a commissioner or the Executive Director will attend an event and act on behalf of SAC. When appropriate throughout the final-form rulemaking, SAC substituted the terms ''a commissioner or the Executive Director'' for the term ''Commission,'' as suggested by IRRC. Finally, IRRC suggested that because reference is made in several places throughout the final-form regulations to forms, manuals and procedures published by SAC, the final-form regulations should include information on how copies of these forms, manuals and procedures may be obtained. SAC included this IRRC recommendation in final-form rulemaking as a new subsection (b) to § 1.2 (relating to Commission offices). Other comments are noted in specific final-form regulations, referenced as follows.

    Purpose

       The final-form regulations revise, with limited exceptions, all of the regulations administered by SAC to conform to the code found in 5 Pa.C.S. §§ 101--2110 and current SAC policies adopted thereunder. A description of the revisions and changes appears as follows.

    III.  Description of Revisions

    Subpart A (relating to general provisions)

       Subpart A sets forth eight chapters which include general provisions regarding appointed officials; tickets, postponements and cancellations; recognition of suspensions, disqualifications and retirements imposed by other authorities; relations with affiliates; safety of event premises; bonds and fees; and permitted drug testing. SAC made revisions and amendments to all chapters, except Chapters 7 and 15 (relating to recognition of suspensions, disqualifications and retirements imposed by other authorities; and prohibited drug testing).

    Chapter 1 (relating to preliminary provisions)

    Section 1.1 (relating to definitions)

       Section 1.1(a) includes a definition of the term ''commissioner'' in accordance with IRRC's suggestion to refer to a commissioner rather than the entire SAC when SAC believes that only one member is required to take a specific action. In defining ''commissioner,'' SAC added a reference to the specific section of the code, as IRRC had suggested in its first general recommendation. IRRC found that SAC had used the terms ''bout'' or ''main bout'' throughout the final-form amendments without defining those terms. In final-form rulemaking, SAC replaced the term ''bout'' with ''contest,'' which is defined in section 302 of the code (relating to definitions). SAC then added a definition of ''main contest.'' The term ''event,'' as defined in the proposed rulemaking, includes one or more contests. Furthermore, SAC added definitions of the terms ''licensee'' and ''second'' to § 1.1 at the suggestion of IRRC. As IRRC suggested, SAC deleted a portion of the definition of ''Commission credentials'' to eliminate unnecessary language. Finally, SAC defined the term ''licensee'' for clarity, as the term appears in several places throughout the final-form amendments, in §§ 3.1(e), 3.2(e)(6), 3.3(g), 21.1(n) and 21.4(k).

       SAC divided subsection (b) into subsections (b) and (c), which both include specific references to the appropriate sections of the code pertaining to boxing and wrestling as well as distinguish those sections from each other, as IRRC suggested.

    Section 1.2

       Section 1.2(b) was added informing any interested parties where they may obtain forms, manuals and additional information from SAC, as IRRC suggested in its third general comment.

    Chapter 3 (relating to appointed officials)

    Section 3.1 (relating to Executive Director)

       To provide for increased clarity, § 3.1(a) includes the citation to the applicable statutory provision outlining the powers and duties of the Executive Director, as IRRC suggested in its first general comment.

       The current § 3.1(b) requires the Executive Director to attend a representative number of events throughout this Commonwealth to monitor operations of inspectors and officials. On proposed rulemaking, IRRC suggested that SAC specify what constitutes a representative number of events that the Executive Director must attend. SAC considered the IRRC suggestion and decided to delete any reference that the Executive Director attend a representative number of events. Although the Executive Director now regularly attends most events, SAC and the Department found it difficult to specify a number or percentage of events that the Executive Director would be required, by regulation, to attend.

       In reviewing the duties and responsibilities of the Executive Director, SAC added a provision in § 3.1(g) that allows the Secretary of the Commonwealth or the Executive Director to designate SAC or Department of State staff to act on the Executive Director's behalf. The Secretary of the Commonwealth is responsible for the actions and day-to-day activities of the Executive Director. Likewise, the Executive Director may designate SAC or Department of State staff to act on the Executive Director's behalf.

       IRRC suggested that § 3.1(h) should clearly state the criteria of each boxer that the Executive Director uses in deciding whether to approve or prohibit a match and include references to the relevant statutory requirements. In final-form rulemaking, SAC added four criteria that the Executive Director uses and the specific statutory citations.

       For clarity, § 3.1(i) and (j) have been reversed. At the suggestion of IRRC, SAC provided clarification at former § 3.1(i), now 3.1(j), that circumstances that are not addressed in the regulations or the code that relate to the duties of SAC shall be ruled on by the Executive Director.

       At former § 3.1(j), now § 3.1(i), SAC made two changes to final-form rulemaking suggested by IRRC. First, to comply with IRRC's second general suggestion, SAC clarified that the Executive Director, a commissioner or SAC may use a videotape to review actions relating to a contest. Secondly, SAC replaced the word ''bout'' with the word ''contest,'' as explained previously in § 1.1(a). The changes from ''bout'' to ''contest'' occur throughout this final-form rulemaking.

       Finally, at the suggestion of IRRC, SAC clarified its appeal procedures in § 3.1(k) and included an explanation of the two-tier appeal process, which includes both an informal review and the right to a formal appeal.

    Section 3.2 (relating to inspectors)

       SAC amended § 3.2(a) to clarify that the inspectors are nominated by a commissioner or Executive Director and approved by the Secretary. The precise section of the code is also cited, as suggested by IRRC in its first general comment.

       In § 3.2(d), SAC deleted the reference to the Department of Revenue as IRRC suggested because the Department of Revenue has the authority to appoint its own agents to collect taxes in section 210 of the Fiscal Code (72 P. S. § 210). In addition, SAC added the appropriate reference to the code that addresses the ability of inspectors appointed by SAC to collect revenue. Other clarifications occur in § 3.1(e)--(h) to refer to the authority of the Executive Director, to change ''bout'' to ''contest,'' and to specify that an inspector may file a written report on any portion of the code.

    Section 3.3 (relating to physicians)

       Subsection (a) provides the citation to the code sections pertaining to the licensure of physicians, while subsection (b) provides a reference to the SAC Medical/Safety Manual. Subsection (c) changes ''designee'' to ''inspector,'' as IRRC suggested for clarity and specificity. SAC added language suggested by IRRC to clarify that SAC would prescribe the form a physician uses for a post-fight check in subsection (h).

    Section 3.4 (relating to announcers)

       Subsection (i) clarifies that only the Executive Director or a commissioner may authorize another person, other than the announcer, to make announcements from the ring, as IRRC requested. The term ''bout'' is changed to ''contest'' in subsections (h) and (j) to comply with IRRC's suggestion discussed previously under § 1.1(a). Finally, in subsection (j), SAC changed ''designee'' to ''inspector,'' as suggested by IRRC with respect to subsection (c).

    Chapter 5 (relating to tickets, postponements and cancellations)

    Section 5.1 (relating to tickets)

       At the suggestion of IRRC, SAC placed the responsibility to collect tickets upon the promoter, who is a licensee, at subsection (e). In this final-form rulemaking, the agents of the promoters may collect the tickets; however, the promoters themselves are required to make the ticket stubs available to the Executive Director or a commissioner. SAC also added a specific citation to the code, as IRRC suggested in its first general request.

    Section 5.2 (relating to postponements and cancellations)

       SAC changed ''bout'' to ''contest'' in subsections (c) and (d), as IRRC had suggested in § 1.1(a). In subsection (e), IRRC suggested clarification of the procedures that SAC will use to handle ticket refunds. Because ticket refunds are specifically addressed at section 1113 of the code (relating to ticket refund), SAC made a reference to section 1113 of the code in § 5.2(e).

    Chapter 11 (relating to safety of event premises)

    Section 11.1 (relating to ventilation, fire exits and fire escapes)

       SAC made changes to this section, including deleting some portions, to clarify language.

    Chapter 13 (relating to bonds and fees)

    Section 13.1 (relating to professional boxing bonds and bond filing fees)

       Section 13.1(a) changes ''bouts'' to ''contests'' and provides clarification that the surety bond shall be filed on a form prescribed by SAC.

    Section 13.3 (relating to additional license fees)

       SAC changed the term ''promotion'' to ''event'' at the suggestion of IRRC because the term ''promotion'' was not a defined term.

    Subpart B (relating to professional boxing)

       The four chapters comprising Subpart B govern professional boxing, amateur boxing, professional kickboxing and amateur kickboxing. SAC made revisions and amendments to all four chapters of Subpart B.

    Chapter 21 (relating to boxing)

    Section 21.1 (relating to contracts)

       As suggested by IRRC, § 21.1(d) substitutes the provision ''commission member'' to ''commissioner or the Executive Director'' for increased clarity. Also at IRRC's suggestion, § 21.1(m) clarifies that a promoter may not attempt to enter a contract with a manager or boxer under suspension or disqualification by SAC without the written consent of the Executive Director or a commissioner. Likewise, at the suggestion of IRRC, SAC clarified in § 21.1(n) that a promoter or other licensee may not advertise a contest or exhibition until the Executive Director has approved the contest or exhibition. As also suggested by IRRC, in § 21.1(n), SAC added a cross reference to § 3.1(h).

    Section 21.3 (relating to ring and ring equipment)

       On proposed rulemaking, IRRC questioned why the language describing the type of illumination was being deleted. SAC reinstated the language in § 21.3(a)(7) describing the type of illumination required and provided that the determination on the lighting should be made by the Executive Director or a commissioner.

    Section 21.4 (relating to conduct of contests)

       At the suggestion of IRRC, SAC changed ''bouts'' to ''contests'' in the heading of this section, as well as throughout the section.

       Section 21.4(b)(1) and (3) provides that a boxer shall appear before a commissioner or the Executive Director for a preliminary physical examination, and, at the discretion of a commissioner or the Executive Director, remove all clothing at the weigh-in. Likewise, § 21.4(b)(4) allows a commissioner or the Executive Director to require an additional weigh-in and physical examination if an event is postponed for more than 24 hours. These final-form amendments afford increased flexibility in that the Executive Director need not be at every examination or weigh-in.

       IRRC suggested that SAC move the clothing and glove requirements in § 21.4(c) and (e) to § 21.8 (relating to boxers). In the final-form rulemaking, § 21.4(c) and (e) appear in § 21.8(m)(4) and (5), respectively. As IRRC had requested, SAC inserted the requirement in § 21.4(c) that only seconds, trainers and managers are authorized to be in the boxer's corner, as noted in § 21.10 (relating to seconds or trainers).

    Section 21.5 (relating to scoring system)

       To clarify the particular type of foul the subsections describe, § 21.5(d) and (e) adds the term ''accidental'' before the phrase ''low-blow foul'' throughout the provisions.

    Section 21.7 (relating to matchmakers)

       For clarity, SAC changed § 21.7(b) to require matchmakers to take notice of suspensions issued by any commission, including those in other jurisdictions.

    Section 21.8

       In § 21.8(e), SAC made a reference to forms available in SAC's Medical/Safety Manual regarding a general physical examination required for applicants for a boxing license who never competed in a professional contest, as IRRC suggested. Section 21.8(f) contains a reference to those portions of the code that refer to a contract between a boxer and a promoter. At the suggestion of IRRC, § 21.8(m)(4) and (5) contains the provisions relating to a boxer's clothing and gear previously contained in § 21.4 (c) and (e).

       On final-form rulemaking, the Commission made a technical change to § 21.8(d)(3) for clarity. On proposed rulemaking, the Commission divided § 21.8(d) into three subsections. Upon publication of the proposed rulemaking, however, the phrase ''The Commission may suspend a'' was inadvertently placed in § 21.8(d)(2), when it should have been placed in § 21.8(d)(3) and then removed from that subsection. Therefore, on final-form rulemaking, the Commission placed that phrase in § 21.8(d)(3).

    Section 21.9 (relating to managers)

       SAC clarified in § 21.9(h) that the Commission may impound the purse of a boxer, pending a final determination, not only at the request of managers who are licensed by SAC, but also for managers properly licensed in another jurisdiction that is recognized by SAC. This position is consistent with that adopted by the Association of Boxing commissioners (ABC), of which the Commonwealth is a member. These final-form amendments would provide SAC with flexibility in impounding purses for managers licensed by SAC or for managers licensed in another jurisdiction that is recognized by SAC.

    Section 21.10

       SAC changed the heading of this section to seconds or trainers to clarify that trainers are also subject to this section. This is consistent with the definition of the term ''second'' in § 1.1, which specifically includes a trainer. For consistency, SAC made the same change to the heading of § 23.5 (relating to seconds or trainers).

       IRRC made four recommendations regarding this section. First, IRRC suggested that SAC clarify who ''another person'' would be who is allowed in a boxer's corner. Second, IRRC suggested that SAC address in other sections of the final-form amendments the possibility that a spectator or ticket holder may disrupt a contest. Third, IRRC suggested clarification of what constitutes ''ample warnings'' in § 21.10(j). Finally, IRRC suggested that SAC clarify what constitutes ''offending conduct'' in § 21.10(j).

       To address IRRC's four suggestions, SAC moved the requirements in § 21.10(j) to other sections. In § 21.4(c), SAC inserted the requirement that only seconds, trainers and managers are authorized to be in the boxer's corner. In § 21.11(c)(4) (relating to referees), the referee has the authority to remove other persons from a boxer's corner, in addition to seconds, trainers and managers, who interfere with the conduct of the contest. In addition, § 21.11(c)(4) also allows the referee to deduct points from the boxer for conduct of any individual in the boxer's corner. Furthermore, SAC may suspend or fine the manager, second or trainer for conduct. In response to IRRC's third suggestion, SAC deleted the requirement for ample warnings, as found in former § 21.10(j), and added manager and trainer to the categories of individuals that the referee could remove from the ring in § 21.11(c)(4). SAC decided to leave the discretion to make these decisions with the referee and not bind the referee with issuing warnings when the behavior in question interferes with the conduct of the contest. In response to IRRC's final suggestion that SAC clarify what constitutes ''offending conduct'' as used in former § 21.10(j), SAC used the language in § 21.11(c)(4) that set the criteria as interfering with the conduct of the contest.

    Section 21.11

       Section 21.11(b)(1) substitutes the phrase ''character and reputation'' for ''repute'' in describing the requisite moral fitness of a referee to make this requirement consistent with the description in other sections. SAC also changed ''Commission'' to ''Executive Director'' because the Executive Director makes the initial determination regarding qualifications for referees. The decision of the Executive Director may be appealed to SAC.

       In addition to the changes in § 21.10 regarding changes to § 21.11(c)(4), SAC removed the words ''and shall'' from this subsection and added the word ''to'' to provide for parallel structure grammatically.

       As IRRC suggested, SAC provided a cross reference in § 21.11(c)(7) to the activities that constitute a foul, as described in § 21.16(b) (relating to safety code). In § 21.11(c)(8), SAC provided a citation to Subpart B of the code (relating to boxing) and a reference to the Referee's Manual. SAC changed ''bout'' to ''contest'' in § 21.11(c)(10) and (13) and clarified § 21.11(c)(11) that the Executive Director or an inspector could receive the official score cards from the referee after each round.

    Section 21.12 (relating to judges)

       In § 21.12(c), SAC replaced the phrase ''the generally recognized rules of boxing'' as IRRC suggested with a reference to the Judge's Manual. Also, SAC cited to Subpart B of the code to add greater specificity, as IRRC had suggested in its first general recommendation.

    Section 21.16

       SAC replaced ''men'' with ''individuals'' throughout § 21.16(a), making it gender neutral. In addition, SAC included references to the relevant section of the code in § 21.16(k) regarding suspension and revocation for injuries as well as a reference to 2 Pa.C.S. §§ 501--508 regarding requests for hearings to review SAC's actions.

    Chapter 23 (relating to amateur boxing)

    Section 23.1 (relating to relations with amateur athletic associations)

       SAC made the phrase ''amateur athletic association'' lower case and plural so that it would reflect the existence of multiple associations throughout this Commonwealth. The change was made not only in this section, but also throughout the final-form rulemaking where appropriate.

    Section 23.6 (relating to referees)

       In § 23.6(a), SAC clarified that referees may be removed from their position by a commissioner, the Executive Director or an inspector if deemed incompetent. This subsection also tracks the language in § 23.7(a) (relating to judges).

    Section 23.10 (relating to age of participation)

       SAC changed the heading of this section to accurately reflect that the section now deals with the age of participation of boxers due to the elimination of former § 23.10(a).

    Chapter 25 (relating to professional kickboxing)

    Section 25.3 (relating to conduct of contests)

       At the suggestion of IRRC, SAC changed ''bouts'' to ''contests'' in the heading of this section, as well as throughout this section. Section 25.3(h) includes a reference to § 21.16(e) that describes the manner in which a contestant's gloves should be wiped free of foreign substances.

    Section 25.9 (relating to ringside officials)

       Final-form § 25.9(c) substitutes the phrase ''character and reputation'' for ''repute'' in describing the requisite moral fitness of a referee or judge. SAC also changed ''Commission'' to ''Executive Director'' in this subsection because the Executive Director makes the initial determination regarding qualifications for referees and judges. The decision of the Executive Director may be appealed to SAC. These final-form amendments are consistent with those previously noted in § 21.11(b)(1).

    III.  Compliance with Executive Order 1996-1

       In accordance with Executive Order 1996-1, ''Regulatory Review and Promulgation,'' SAC invited comments from the regulated community and interested parties. In drafting the proposed rulemaking, SAC had extensive consultations with, and input from the ABC, the World Boxing Council, the International Female Boxing Association, the Women's International Boxing Federation, the World Wrestling Federation and the Nevada, New Jersey and New York State Athletic Commissions. When the rulemaking was proposed, SAC received no public comments.

    V.  Fiscal Impact

       All individuals licensed by SAC will be impacted to some degree by the extensive revisions to the regulations administered by SAC. Other impacts are set forth in the costs and benefits section.

    Costs and Benefits

       All licensees will benefit when the regulations are updated to reflect current provisions of the code by reducing the potential for confusion as to their obligations. The safety of participants is increased by providing for heavier gloves, eliminating the standing eight-count and three-knockdown rule and requiring individually fitted mouthpieces. These provisions for each class of licensees are set forth in more detail as follows.

    Promoters

       Many provisions are streamlined to afford promoters greater flexibility in conducting events, resulting in indirect savings. Promoters will incur additional costs due to increased fees paid to referees, judges, announcers and timekeepers officiating at televised events. Referees are paid $50 per event more while judges, announcers and timekeepers are paid $10 more. These increases in fees may be offset because promoters' profits are generally higher for televised events.

    Managers

       Managers' costs will increase because the license fee for managers is raised from $40 to $60. The regulations also increase the minimum sum to be guaranteed annually to a boxer under contract with a manager from $750 to $1,000 and decrease the percentage of earnings that a boxer must pay the manager under a contract.

    Referees

       Under § 13.7 (relating to professional boxing officials fee), referees will be paid $50 more for officiating at televised events. Other benefits to referees will accrue from changes in scoring and the elimination of barriers to entry as a referee.

    Judges, Announcers and Timekeepers

       Under § 13.7, judges, announcers and timekeepers will be paid $10 more for officiating at televised events. Other benefits to judges, announcers and timekeepers will accrue from changes in scoring and the elimination of barriers to entry as a judge, announcer or timekeeper.

    Boxers

       Boxers will benefit from the final-form rulemaking directly because the minimum sum guaranteed to a boxer under contract with a manager will be increased from $750 to $1,000. Other benefits relate to clarifications of the procedures when a boxer has not made the contracted for-weight at weigh-in, requiring an individually fitted mouthpiece, resulting in safety improvements and other improvements in the safety code. They will also benefit through a clarification of the scoring of accidental and intentional fouls. The proposed changes also benefit boxers by expressly providing for expenses to a boxer when a contest has been canceled. The maximum percentage of earnings a boxer is obligated to pay managers under contract is reduced from 50% to 40%.

    Matchmakers

       Matchmakers will benefit from the revisions that would permit matchmakers to deal with unlicensed managers or boxers, allowing them to more effectively plan for future contests.

    Kickboxing licensees

       Similar changes, tracking those previously set forth, have been made in Chapter 25. These include: clarifying the scoring system; permitting greater flexibility in deducting points for fouls; requiring an individually fitted mouthpiece; and providing for heavier gloves. Judges will also benefit from the fees being increased. Other changes that benefit amateur kickboxers are set forth in Chapter 27 (relating to amateur kickboxing) and include: age requirements; the wearing of shin protectors; and a maximum of three 2-minute rounds.

    VI.  Paperwork Requirements

       Paperwork requirements will not be substantially altered as a result of the amended regulations. Minor changes will have to be made to forms used by SAC.

    VII.  Regulatory Review

       Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on May 12, 2000, SAC submitted a copy of the notice of proposed rulemaking published at 30 Pa.B. 2611, to IRRC and to the Chairpersons of the House State Government and the Senate State Government Committees for review and comment.

       In addition to submitting the proposed amendments, SAC provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by SAC in conformance with Executive Order 1996-1, (regulatory review and promulgation).

       Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on March 25, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on April 4, 2002, and approved the final-form rulemaking.

    VIII.  Contact Person

       Further information may be obtained by contacting Gregory Sirb, Executive Director, State Athletic Commission, Department of State, 302 North Office Building, Harrisburg, PA 17120-0029. Information is also available at SAC's website http://www.dos.state.pa.us/sac/sac.html.

    IX.  Findings

       SAC finds that:

       (1)  Public notice proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

       (2)  A public comment period was provided as required by law and all comments were considered.

       (3)  This rulemaking does not enlarge the purpose of proposed rulemaking published at 30 Pa.B. 2611.

       (4)  This rulemaking is necessary and appropriate for administering and enforcing the authorizing acts.

    X.  Order

       SAC, acting under its authorizing statutes, orders that:

       (a)  The regulations of SAC, 58 Pa. Code Chapters 1, 3, 5, 9, 11, 13, 21, 23, 25, 27, 31 and 33, are amended by amending §§ 1.1--1.3, 3.1--3.4, 5.1, 5.2, 9.1, 9.2, 11.1, 13.1--13.8, 21.1--21.16, 23.1, 23.2, 23.4--23.10, 25.3--25.6, 25.8, 25.9, 27.2 and 27.3; adding §§ 31.21--31.24 and deleting §§ 11.2, 31.1--31.14 and 33.1--33.12 to read as set forth in Annex A.

       (b)  SAC shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General as required by law.

       (c)  SAC shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

       (d)  This order shall take effect upon final-form publication in the Pennsylvania Bulletin.

    CHARLES BEDNARIK,   
    Chairperson

       (Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 2041 (April 20, 2002).)

       Fiscal Note: Fiscal Note 16-17 remains valid for the final adoption of the subject regulations.

    Annex A

    TITLE 58.  RECREATION

    PART I.  STATE ATHLETIC COMMISSION

    Subpart A.  GENERAL PROVISIONS

    CHAPTER 1.  PRELIMINARY PROVISIONS

    § 1.1.  Definitions.

       (a)  The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:

       Athletic Code--5 Pa.C.S. §§ 10l--2110.

       Commission--The State Athletic Commission of the Commonwealth.

       Commission credentials--Documents issued by the Commission to individuals approved by the Commission granting them the authority to attend a specific event, without payment of an entry fee, on behalf of the Commission.

       Commissioner--A member of the Commission, as defined in section 101 of the code (relating to definitions).

       Event--One or more contests, as defined in section 302 of the code (relating to definitions), conducted at the same location on the same day.

       Knockdown--When any part of a boxer's body, except the feet, touch the ring canvass, at the hand of the opponent, as determined by the referee.

       Licensee--A person licensed by the Commission to perform duties in relation to an event.

       Main contest--The most important contest during an event for which the public interest is the greatest.

       Second--An individual licensed by the Commission to work in a professional boxer's corner during an event, as provided in section 716 of the Athletic Code (relating to seconds). The term also includes a trainer.

       (b)  The definitions in section 302 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to boxing which include this subpart and Subpart B (relating to boxing).

       (c)  The definitions in section 1902 of the Athletic Code (relating to definitions) are incorporated for the regulatory provisions relating to wrestling, which include this subpart and Subpart C (relating to wrestling).

    § 1.2.  Commission offices.

       (a)  The offices of the Commission are located as follows:

       (1)  116 Pine Street, Third Floor, Harrisburg, Pennsylvania 17101.

       (2)  1103 State Office Building, Broad and Spring Garden Streets, Philadelphia, Pennsylvania 19030.

       (3)  805A State Office Building, 300 Liberty Avenue, Pittsburgh, Pennsylvania 15222.

       (4)  Scranton State Office Building, Third Floor, Scranton, Pennsylvania 18503.

       (b)  All forms, manuals and additional information may be obtained by contacting the Harrisburg office at the address listed in subsection (a)(1) or calling the Harrisburg office at (717) 787-5720.

    § 1.3.  Applicability of general rules.

       Under 1 Pa. Code § 31.1 (relating to scope of part), 1 Pa. Code Part II (relating to general rules of administrative practice and procedure) applies to the activities of and proceedings before the Commission.

    CHAPTER 3.  APPOINTED OFFICIALS

    § 3.1.  Executive Director.

       (a)  An Executive Director shall be appointed by the Secretary of the Commonwealth to act as the administrative officer to the Commission and have powers and duties provided in section 105 of the Athletic Code (relating to powers and duties of executive director).

       (b)  The Executive Director shall establish and maintain standard operating procedures for offices, ensure adherence to procedures and monitor operations of inspectors and officials.

       (c)  The Executive Director shall prepare, justify and administer the Commission budget.

       (d)  The Executive Director shall solicit items and prepare agendas for scheduled Commission meetings as well as attend the meetings, and shall also schedule and notify commissioners of the meetings.

       (e)  The Executive Director shall organize periodic training programs for judges, referees, inspectors and other licensees.

       (f)  The Executive Director shall disseminate to commissioners, inspectors and officials changes in the Commission's policies and procedures, personnel changes and other information pertinent to current operations.

       (g)  The Executive Director shall supervise and direct Commission staff, direct the issuance of Commission credentials and perform other duties as directed by the Commission. The Secretary of the Commonwealth or the Executive Director may designate Commission or Department staff to act on behalf of the Executive Director at events under the jurisdiction of the Commission.

       (h)  The Executive Director shall have the authority to approve or prohibit each proposed matching of boxers within this Commonwealth. Based upon the following criteria of each boxer:

       (1)  Win/loss record.

       (2)  Current boxing activity.

       (3)  Overall boxing experience.

       (4)  General health and safety, including, but not limited to, the following statutory provisions:

       (i)  Sections 708 of the Athletic Code (relating to suspension and revocation for injuries).

       (ii)  Section 711 of the Athletic Code (relating to limitation on difference in weights).

       (i)  The Executive Director, a commissioner or the Commission may use a videotape of a contest to review actions taken relating to a contest.

       (j)  The Executive Director shall rule on circumstances arising that are not addressed by this part and are not otherwise addressed in the Athletic Code that relate to the Commission's duties.

       (k)  The Executive Director will handle and decide initial complaints informally. If an individual is not satisfied with the remedy provided by the Executive Director, the individual may appeal the matter to the Commission. Appeals of decisions pertaining to a suspension of a permit or license shall be handled in accordance with sections 1301--1305 of the Athletic Code (relating to enforcement). Decisions of the Commission may be appealed in accordance with 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies) and 1 Pa. Code Chapter 35 (relating to formal proceedings).

    § 3.2.  Inspectors.

       (a)  Inspectors shall be nominated by a commissioner or the Executive Director and approved by the Secretary. Inspectors shall be assigned by the Executive Director for the performance of duties under section 105(3) of the Athletic Code (relating to powers and duties of executive director).

       (b)  An inspector shall be empowered to act on behalf of the Commission only when specifically authorized by a commissioner or the Executive Director.

       (c)  The Executive Director will assign to each event under the Commission's jurisdiction as many inspectors as necessary for the proper regulation of the event and may designate a chief inspector.

       (d)  An inspector or the chief inspector in charge of an event shall be the official representative of the Commission and shall be responsible only to the Commission or the Executive Director. It is his duty and he shall have the authority to enforce the Athletic Code; and this part. It is his duty and he shall have the authority to enforce legislative and regulatory provisions pertaining to the collection of revenues that are due the Commonwealth, as outlined in section 916 of the Athletic Code (relating to gross receipts taxes).

       (e)  Subject only to the direction of a commissioner or the Executive Director, an inspector will have authority over the following:

       (1)  All phases of the weigh-in.

       (2)  Entrances to the site of the event, including the following:

       (i)  Press and pass entrances.

       (ii)  Entrances for participants, officials, Commission credential holders and employees.

       (3)  The ring and ringside, including the following:

       (i)  Press accommodations.

       (ii)  Radio accommodations.

       (iii)  Television accommodations.

       (4)  Dressing rooms of participants and officials.

       (5)  The counting and accounting for tickets, passes and credentials issued to individuals to attend specified events including the following:

       (i)  Working press passes.

       (ii)  Complimentary tickets.

       (iii)  Tickets of participants.

       (vi)  Commission credentials.

       (vii)  Promoter passes.

       (6)  The collection of insurance premiums due and payable on participants, and the documenting and reporting of accidents, injuries and illness of a licensee.

       (7)  The collection of fees, including the following:

       (i)  License fees.

       (ii)  Other moneys due the Commonwealth.

       (8)  The payment of purses and other moneys due participants and fees due officials.

       (9)  Matters generally under the jurisdiction of the Commission.

       (f)  Inspectors shall file with the Commission an official report of attendance, gross receipts, net receipts, fees and other moneys collected, names and pairings of participants, names of officials and results of contests as determined by official decision after each event under the jurisdiction of the Commission.

       (g)  An inspector shall file a detailed written report with the recommendations deemed appropriate, in the case of a violation or alleged violation of the Athletic Code.

       (h)  In case of the termination of a contest under the jurisdiction of the Commission by disqualification of one or more of the participants, and in other circumstances, upon recommendation and approval of the Commission or Executive Director, the inspector shall have the authority to impound moneys due the alleged offending parties pending action on the matter by the Commission.

       (i)  Inspectors may not remove, replace or interfere with the duties of a ringside official unless authorized to do so by the Executive Director.

       (j)  Inspectors shall report for duty promptly in accordance with their assignments and remain on duty until excused by the Executive Director. Only inspectors actually assigned or credentialed by the Executive Director to a given event shall by virtue of office be admitted, without charge, to that event.

    § 3.3.  Physicians.

       (a)  A physician licensed to practice in this Commonwealth will be assigned by the Executive Director to every contest, weigh-in and exhibition. A physician so assigned in the case of professional events shall also be licensed by the Commission under sections 905(a) and 910 of the Athletic Code (relating to other licenses required; and standards for issuance of licenses and permits). In emergencies or unusual circumstances, the Commission may waive the requirement that the physician assigned be licensed under sections 905(a) and 910 of the Athletic Code. Physicians are not required to be licensed under the Athletic Code in the case of amateur events.

       (b)  The physician assigned to the weigh-in shall file a complete written report on each person examined upon a form prescribed by the Commission. Examinations shall be conducted in accordance with procedures prescribed by the Commission as approved by the Medical Advisory Board of the Commonwealth, which are set forth in the Medical/Safety Manual published by the Commission. Each boxer shall be so examined before the start of each event in which he is scheduled to participate, and may not participate if pronounced physically unfit by the examining physician.

       (c)  The physician assigned to an event shall be seated at the immediate ringside throughout the event and may not leave the ring untended while the event is in progress. An event may not commence or continue without an assigned physician in attendance. An assigned physician may not leave the premises of the event without notice to and approval of a commissioner, the Executive Director or an inspector. The physician shall remain on the premises after the event until satisfied that no further need of medical service remains.

       (d)  While on duty at an event, the assigned physician shall render emergency assistance inside and outside the ring to persons under the jurisdiction of the Commission and shall be especially prepared to minister to the injuries and illnesses that are to be anticipated under the circumstances of the event.

       (e)  The attending physician shall have full authority to determine and to pass upon the physical condition of participants and officials in the ring. For that purpose he shall have access to the ring at all times and shall be empowered to direct the referee to interrupt action pending determination of and decision upon the physical condition of a participant or official apparently in need of attention because of injury. The decision of the physician in attendance with respect to the ability of a participant or an official to continue in action shall be conclusive and shall be enforced by the referee in all cases. The attending physician shall be empowered to direct the referee to terminate action when a participant is evidently in jeopardy from exhaustion or punishment. In case of termination, there may be no resumption of action thereafter.

       (f)  In case of injury to a participant covered by insurance, the attending physician shall execute and file with the Commission the appropriate form of report for the injury to the insurance carrier on the form prescribed by the insurance carrier.

       (g)  When injury to or illness of a person occurs under the jurisdiction of the Commission, the attending physician shall have complete charge of the person while on the premises and shall be accorded the full cooperation of Commission personnel and licensees present.

       (h)  When a knockout or technical knockout of a boxer occurs, the attending physician shall follow up ministration in the ring, at ringside or in the dressing room and shall take measures and give instructions that may be appropriate. After the event, the attending physician shall complete a post-fight check on each boxer who competed in the event on the form prescribed by the Commission in the Medical/Safety Manual.

       (i)  The attending physician is empowered to inspect and pass upon first aid and safety equipment provided for the event and to inspect and pass upon equipment intended to be used by seconds in ministering to boxers.

       (j)  When it appears to a ringside physician that a boxer or referee is no longer safely able to continue competitive or official activity, the physician shall immediately so report to the Commission and recommend the temporary or the permanent retirement of the person if appropriate.

    § 3.4.  Announcers.

       (a)  The Commission will license announcers of events under its jurisdiction, except that in emergencies and in the case of amateur events, competent unlicensed announcers may be used. The promoter or sponsor of the event shall assign announcers to events.

       (b)  Announcers shall be responsible to the Commission in the discharge of their duties and shall accept directions only from a commissioner or the Executive Director.

       (c)  The Commission will set fees payable to announcers assigned to serve at events. The promoters of professional events and the sponsors of amateur events shall pay the fees.

       (d)  An announcer assigned to an event shall remain at ringside while the event is in progress, shall maintain close liaison with a commissioner or the Executive Director during the period, and shall carefully follow the directions of a commissioner or the Executive Director at all times.

       (e)  Announcers shall be neatly and appropriately dressed while discharging their duties.

       (f)  Announcers shall display strict impartiality in word and action while serving at events under Commission jurisdiction.

       (g)  Announcers shall make neither special announcements nor introductions of persons other than participants and officials without first obtaining the approval of a commissioner or the Executive Director.

       (h)  The announcer shall announce from the ring at each event under the jurisdiction of the Commission the fact of jurisdiction, the names of the officials assigned to the event, the name and official weight before each contest of each participant and other pertinent information as directed by a commissioner or the Executive Director.

       (i)  Only an assigned announcer may make an announcement from the ring unless another person is specifically authorized by a commissioner or the Executive Director.

       (j)  The announcer shall promptly collect the official score card from the Executive Director or an inspector at the conclusion of each contest. The announcer shall announce the scoring by each official and the final decision reached. The announcer shall announce whether the decision is unanimous, a split decision or a draw at the end of contests other than the main events. In the event of a knockout or a technical knockout, the announcer shall announce the result and the time and the round of the termination of the contest.

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    CHAPTER 5.  TICKETS, POSTPONEMENTS AND CANCELLATIONS

    § 5.1.  Tickets.

       (a)  Tickets of admission to each event under the jurisdiction of the Commission shall be of the stub type and consecutively numbered. Tickets shall have the following information:

       (1)  The identity of the promoter or sponsor.

       (2)  The nature, date, time and place of the event.

       (3)  The established price of the ticket including taxes thereon.

       (4)  The precise seat location if the ticket entitles the holder to a reserved seat.

       (5)  The rain date, if any, of the event.

       (b)  A promoter or sponsor may not offer tickets for sale or distribution to an event under the jurisdiction of the Commission, which are not in compliance with subsection (a).

       (c)  Complimentary tickets shall be clearly marked complimentary. Complimentary tickets may not be sold by a promoter, sponsor or other person or agency.

       (d)  Distribution of tickets of employees and tickets of participants shall be limited strictly to persons in these classifications and the tickets may not be transferable by distributees.

       (e)  Ticket holders to events under the jurisdiction of the Commission shall surrender their tickets or the appropriate stubs, which will be collected by the agents of the promoter at the admission gates. The promoter shall make the tickets or stubs available to the Executive Director or a commissioner, and comply with section 916(d) of the Athletic Code (relating to gross receipts tax).

    § 5.2.  Postponements and cancellations.

       (a)  An event under the jurisdiction of the Commission may not be postponed or canceled after it has been approved and scheduled without written notice to and approval by the Executive Director.

       (b)  If a scheduled event is postponed because of unfavorable weather, it shall be rescheduled upon its designated rain date, if it has been previously set. If no rain date has been previously set, the event shall be rescheduled as soon as may be fairly and reasonably done after consultation with and approval by the Executive Director.

       (c)  The Executive Director may rearrange the contest in case of threatened weather to assure, if possible, the presentation of the main contest.

       (d)  If, because of unfavorable weather or other emergency after the start of the program but before the beginning of the main contest, it is deemed necessary to declare a postponement, the event shall be rescheduled as provided in subsection (b). If unfavorable weather or other emergency occurs during the progress of the main contest, the contest shall be continued to its conclusion, except that if the existing condition presents actual danger to the participants or others present, a commissioner or the Executive Director will interrupt the contest until the danger is passed, and the contest shall be resumed from the point of interruption and continued to conclusion. If it is deemed impossible to resume the contest because of continued danger, a postponement shall be declared and the event shall be rescheduled as provided in subsection (b).

       (e)  Ticket holders shall be entitled to the refund of the entire purchase price of their tickets in cases of postponement or cancellation of the main event or the entire program of contests or exhibitions under the conditions of time, place and procedure that a commissioner or the Executive Director approves and announces in each instance, as specified in section 1113(a) of the Athletic Code (relating to ticket refunds) and § 21.4(h) (relating to conduct of contests).

       (f)  In case of postponement prior to the opening of the admission gates to the event, tickets for the original date shall be honored for admission on the date to which the event shall be postponed.

       (g)  The Commission will determine the rights of affected parties to payment for services and reimbursement for expenses in each case of postponement or cancellation if boxers have fulfilled their performance contracts prior to postponement or cancellation.

    CHAPTER 9.  RELATIONS WITH AFFILIATES

    § 9.1.  No sovereignty compromise.

       The Commission may enter into, maintain or withdraw from association with groups devoted to the interests of any sport regulated by the Commission, but it may not compromise the sovereignty of the Commonwealth or the primary and immediate responsibility of the Commission.

    § 9.2.  Fair cooperation.

       The restrictions imposed by § 9.1 (relating to no sovereignty compromise) may not be construed to prevent the Commission from fair and reasonable collaboration and cooperation with the authorities of other governmental bodies or with organizations of private individuals dedicated to objectives similar to those of the Commission.

    CHAPTER 11.  SAFETY OF EVENT PREMISES

    § 11.1.  Ventilation, fire exits and fire escapes.

       Buildings or structures used, or intended to be used for contests, shall be properly ventilated and contain proper fire exits and fire escapes. In addition, buildings shall conform to the laws, ordinances and regulations pertaining to buildings in the municipality where situated.

    § 11.2.  (Reserved).

    CHAPTER 13.  BONDS AND FEES

    § 13.1.  Professional boxing bonds and bond filing fees.

       (a)  In the case of professional boxing promoters or foreign copromoters holding contests in a place where the seating capacity is less than 10,000, the professional boxing promoters or foreign copromoters are required to execute and file a surety bond with the Commission in the sum of $7,500 on the form prescribed by the Commission. If the seating capacity is more than 10,000, the bond shall be in the sum of $25,000.

       (b)  In lieu of the surety bond required by subsection (a), the promoter or foreign copromoter may deposit with the Commission cash, a certified check, a letter of credit or direct or indirect obligations of the United States or the Commonwealth acceptable to the Commission in an equivalent amount as set forth in subsection (a) and subject to the same conditions. The security will not be returned to the promoter until 1 year after the date on which it was deposited with the Commission, unless a surety bond is substituted for the security. Upon the expiration of 1 year from the date on which the security was deposited, it shall be returned to the depositor if no claim against the deposit is outstanding.

       (c)  A filing fee of $25 shall accompany each bond filed or cash or security deposited in lieu of the bond.

    § 13.2.  Ticket tally.

       The authorized representative of a licensed promoter holding a contest or exhibition shall submit in writing to the Commission within 48 hours after the close of the contest or exhibition, a promoter's ticket report showing the number of each class of ticket sold, unsold or unused, and permit the Commission to examine sold, unsold or unused tickets, stub coupons, the financial records of the event and investigate other matters relating to the receipts and conduct of the box office and ticket takers. The ticket tally shall conform to the manifest issued by the printer on the printer's statement, and shall be signed by the promoter.

    § 13.3.  Additional license fees.

       Promoters shall submit a check or money order for the payment of license fees or taxes due the Commonwealth within a maximum of 48 hours after each event. Failure of a promoter to submit the required funds will result in forfeiture of all or a portion of the promoter's bond or funds on deposit with the Commission.

    § 13.4.  Professional boxing license fees.

       The following annual nonrefundable license fees shall accompany each application for a license or the renewal of a license:

    Promoter's license$100
    Matchmaker's license$  50
    Physician's license$  40
    Referee's license$  35
    Manager's license$  60
    Judge's license$  35
    Timekeeper's license$  25
    Announcer's license$  20
    Professional boxer's license$  22
    Trainer's license$  20
    Second's License$  20

    § 13.5.  Professional boxing permit fees.

       The following nonrefundable permit fees, based upon the seating capacity of the premises where the program is to be presented, shall accompany each application filed by a professional boxing promoter or foreign copromoter for a permit to present a program of professional contests or exhibitions:

    Seating capacity Fee
    Less than 2,000 $  25
    2,001 to 5,000 $  35
    5,001 to 10,000 $  75
    Over 10,001 $150

    § 13.6.  Professional boxing physician fee.

       A fee of $200 shall be paid to the physician assigned to the weigh-in who conducts the precontest or preexhibition physicals and who also serves at ringside of the contest or exhibition. A fee of $150 shall be paid to the physician assigned only to the contest or exhibition. A fee of $100 shall be paid to the physician assigned only to conduct the precontest or preexhibition physicals. The fees shall be paid by the promoter.

    § 13.7.  Professional boxing officials fee.

       (a)  Subject to the exception for televised events in subsection (b), the fees for professional contests or exhibition officials, paid by the promoter, are as follows:

    Official Fee
    Referee $100, each
    Judges $  75, each
    Announcer $  75
    Timekeeper $  75

       (b)  The fees for televised events, either broadcasted or by cable transmission, are as follows:

    Official Fee
    Referee $150, each
    Judges $  85, each
    Announcer $  85, each
    Timekeeper $  85, each

    § 13.8.  Return check fee.

       An additional $50 processing fee will be charged for each dishonored check.

    Subpart B.  BOXING

    CHAPTER 21.  PROFESSIONAL BOXING

    § 21.1.  Contracts.

       (a)  Contracts under the Commission's jurisdiction between managers and professional boxers; promoters and professional boxers; and foreign copromoters and professional boxers shall be signed on Commission-approved forms. Contracts shall contain a provision stating their subjection to the laws of the Commonwealth and this part. Contracts shall contain the provisions required by sections 1102 and 1103 of the Athletic Code (relating to notice clause; and provisions in contracts between managers and professional boxers). The contracts shall be signed by the parties under their true legal names. Contracts shall be void unless signed by parties to the contracts.

       (b)  Parties to the contracts shall be currently licensed by the Commission.

       (c)  Parties to the contracts shall completely fulfill their contractual obligations or be subject to disciplinary action by the Commission. Parties to the contracts shall be subject to, but not limited to, the disciplinary provisions in Chapter 13 of the Athletic Code (relating to enforcement).

       (d)  Each contract between a manager and boxer shall be subject to Commission approval, sworn to and affirmed by both parties, and signed in the presence of a commissioner or the Executive Director. A fully conformed and executed copy of the contract shall be filed with the Commission.

       (e)  It shall be the duty of the manager to assure the satisfactory performance of boxers with whom the manager has contractual agreements.

       (f)  A contract exceeding 3 years between a manager and A boxer will not be approved by the Commission except by unanimous vote of the commissioners.

       (g)  A manager may not enter into a contract purporting to bind a boxer under his management to perform services after the termination of the manager-boxer relationship between them. A boxer, while under contract to a manager, may not enter into a commitment, written or oral, to perform services without written consent of both parties involved and approval of the Executive Director.

       (h)  No assignment of an interest in a boxer's or manager's contract, filed and approved by the Commission, will be permitted without the approval of the Commission, and the consent to assign will not be granted unless a copy of the proposed assignment is submitted to the Commission for its approval.

       (i)  A manager may not enter into a contract that does not guarantee the boxer a minimum annual income for completion of contractual agreements of $1,000.

       (j)  Contracts to which a minor is a party, shall be executed on behalf of the minor by the proper legal guardian of the minor.

       (k)  If a manager or boxer is to be prevented from acting or performing professionally within this Commonwealth due to the revocation of his license, the contract between the manager and boxer shall be terminated as provided by section 1103(b) of the Athletic Code. If the license of either party is suspended, the contract will not be binding upon the other party during the period of the suspension.

       (l)  A copy of a fully conformed and executed contract between a promoter and a manager or boxer, or both, shall be filed with the Commission by the promoter immediately after its execution

       (m)  A promoter licensed by the Commission may not attempt to contract, for a contest, with a manager or boxer under suspension or disqualification by the Commission, except with the written consent of the Executive Director or a commissioner.

       (n)  A promoter or other licensee of the Commission may not publicly advertise or announce that a contest or exhibition will take place until the contest or exhibition has been approved by the Executive Director under § 3.1(h) (relating to executive director) and binding agreements have been entered into by all parties.

    § 21.2.  Weight classes.

       (a)  The weight classes of professional boxers and the maximum weight in each class shall be as follows:

       (1)  Flyweight--112 pounds.

       (2)  Bantamweight--118 pounds.

       (3)  Featherweight--126 pounds.

       (4)  Junior lightweight--130 pounds.

       (5)  Lightweight--135 pounds.

       (6)  Junior welterweight--140 pounds.

       (7)  Welterweight--147 pounds.

       (8)  Junior middleweight--154 pounds.

       (9)  Middleweight--160 pounds.

       (10)  Super middleweight--168 pounds.

       (11)  Light heavyweight--175 pounds.

       (12)  Cruiserweight--190 pounds.

       (13)  Heavyweight--over 190 pounds.

       (b)  Sections 710 and 711 of the Athletic Code (relating to weights and classes; and limitation on difference in weights) are incorporated by reference.

    § 21.3.  Ring and ring equipment.

       (a)  The boxing ring may not be less than 16 feet square nor more than 24 feet square within the ring ropes except with the written consent of the Commission. The ring floor or apron shall extend beyond the ring ropes on all sides for at least 2 feet, unless alternative satisfactory safety precautions are taken and approved by the Commission.

       (1)  The ring floor shall be elevated no more than 4 feet, be completely padded both inside and outside the ropes to the thickness of at least 2 inches with soft felt, foam rubber, felt matting or other soft material approved by the Commission and shall be covered over the padding with canvas stretched taut and laced tightly to the ring platform.

       (2)  The ring posts shall be four in number, shall extend above the ring floor no more than 5 feet, and shall be at least 18 inches distant from the ring ropes, which shall be attached to the posts by means of adjustable turnbuckles.

       (3)  Post tops and turnbuckles shall be suitably padded.

       (4)  Steps shall lead to the ring floor at two diagonally opposite corners of the ring platform.

       (5)  The ring ropes shall be four in number, may not be less than 1 inch in diameter, and shall be either covered with smooth plastic or wrapped with soft material.

       (6)  The ropes shall be readily adjustable and shall be kept at a proper and safe degree of tautness.

       (7)  The ring shall be amply illuminated by overhead lights, which shall be arranged so that shadow is eliminated and discomfort from heat and glare minimized for persons in and near the ring, if needed, as determined by a commissioner or the Executive Director.

       (b)  It is the responsibility of the promoter to have an attendant available at all times during the event capable of making any type of emergency repairs, corrections and adjustments to the ring, the lights and other necessary fixtures. The promoter shall supply the following items, which shall be available on the premises for use as needed:

       (1)  A public address system in good working order.

       (2)  Chairs for Commission personnel, officials and Commission credential holders. Chairs for judges shall be elevated sufficiently to assure an unobstructed view of the ring and the ring floor.

       (3)  A gong or bell of size and resonance sufficient to be clearly audible by participants, officials and spectators when struck by the hammer of the timekeeper.

       (4)  A stool or chair, a clean water bucket and clean water bottle for the corner of each boxer.

       (5)  A complete set of numbered round cards clearly legible from all parts of the arena containing no advertising or other printed matter unless approved by the Commission.

       (6)  An ambulance, together with emergency equipment.

       (7)  A portable resuscitator with oxygen and appropriate endotracheal tubes and a qualified operator.

    § 21.4.  Conduct of contests.

       (a)  At each professional contest or exhibition, except an exhibition held solely for training purposes, there shall be two referees, one physician, three judges, an announcer and a timekeeper in attendance, all of whom will be licensed by the Commission. The Executive Director will assign all officials except the announcer. The Executive Director may also appoint a knockdown timekeeper. A promoter or an employee of a promoter or an officer, director or stockholder of a corporation holding the license of a promoter may not be appointed or permitted to officiate in any capacity at a professional contest under the jurisdiction of the Commission.

       (b)  The Executive Director will determine the time and place of the weigh-in for each professional event under the Commission's jurisdiction, and boxers under contract to participate in the event shall appear promptly at the appointed place to be officially weighed by a representative of the Commission on Commission approved scales and examined by the attending physician.

       (1)  A boxer being weighed shall remove all clothing at the discretion of a commissioner or the Executive Director.

       (2)  A boxer shall weigh-in no more than 24 hours prior to the contracted time of the contests. Under extenuating circumstances and with the permission of the Executive Director, the boxer may be allowed to weigh-in no more than 30 hours prior to the contracted time of the contest. If a boxer is deemed overweight by the Executive Director, another weigh-in shall be scheduled for no more than 3 hours from the time that he first stepped onto the scale to determine that the boxer weighs no more than the weight for which he has contracted. Boxers may lose no more than 3 pounds in this 3-hour period. If after 3 hours the boxer cannot achieve the weight, the boxer shall be disqualified and may be subject to disciplinary action as the Commission may determine.

       (3)  The Commission will require a boxer under contract for a contest under its jurisdiction to appear before a commissioner or the Executive Director for a preliminary physical examination within 2 hours prior to the contest, as required by section 709(a) of the Athletic Code (relating to medical examination). The weight of the boxer shall be one of several factors included in this physical examination by the attending physician to determine whether the boxer is physically or mentally fit to proceed. Physically unfit shall include, but not be limited to, a determination by the attending physician that a boxer has gained or lost so much weight since the time of the weigh-in that the boxer could harm himself or the opponent. Except as provided by section 711 of the Athletic Code (relating to limitation on difference in weights), the weight of one boxer may not exceed the weight of that boxer's opponent by 10 pounds.

       (4)  If an event is postponed for more than 24 hours, a commissioner or the Executive Director may require an additional weigh-in and physical examination of the participating boxers on the day to which the event is postponed.

       (5)  Each boxer in a contest under the jurisdiction of the Commission shall submit to the Executive Director the names of the boxer's seconds for approval, and no person other than the boxer's approved seconds may be permitted to assist in the boxer's corner during the contest.

       (6)  A boxer under contract to participate in an event under jurisdiction of the Commission shall report in the dressing room at a time set by the Executive Director and shall remain in that area until ordered to the ring by an authorized representative of the Commission.

       (c)  The referee shall call the participants and their chief seconds to the center of the ring for final instructions before each contest. During an event, only licensed seconds, trainers and managers are authorized to be in the boxer's corner. After the announcement of the decision at the end of a contest, the participants and their seconds shall leave the ring without undue delay and retire to the dressing quarters. Participants, seconds and managers may not manifest to officials or to spectators an opinion as to the outcome of the contest nor may they be disrespectful or exhibit improper conduct toward a Commission official or toward the spectators before or after the announcement of the decision.

       (d)  The promoter shall have immediately available for use adequate medical emergency first aid supplies and equipment during each event under his promotion, which will be subject to examination and approval by the Commission. An individual will not be permitted to examine or treat a participant during an event unless the individual is wearing disposable latex hygienic gloves. The gloves shall be paid for and provided by the promoter. Exceptions will be permitted when an emergency treatment or examination makes the wearing of the gloves impractical. The promoter shall also have available for each event under his promotion an ample supply of conventional boxing gloves including at least one new set of gloves for use in the main contest. Gloves for use in the event shall be in good condition and will be subject to inspection and approval by the referee, a commissioner, the Executive Director and an inspector before and during use. If a glove bursts or is otherwise seriously damaged during the progress of a contest, the referee shall interrupt the contest and require that the glove be replaced before the resumption of the contest.

       (e)  Persons other than boxers, managers, seconds and Commission representatives may not have access to the dressing quarters at an event under the jurisdiction of the Commission except by special permission of the Commission. The Commission may issue nontransferable written passes to the dressing quarters if circumstances warrant, and then only holders of the passes shall be admitted except by special permission of the Commission. An inspector shall be on duty in the dressing quarters from the opening until the closing and shall be responsible for the maintenance of order and the enforcement of the Athletic Code and this part.

       (f)  The ring platform shall be kept clean and clear of obstructions throughout each contest. Buckets, stools, bottles and other corner equipment shall be removed before the start of each contest and again between rounds immediately upon the sounding of the 10-second warning signal of the timekeeper. Care shall be exerted by boxers and their seconds to keep corners dry. Excessive spraying or throwing of water on boxers is forbidden.

       (g)  Unless otherwise authorized by the Executive Director, a professional event may not be scheduled for a total of less than 28 or more than 40 rounds, each of which shall be of the maximum duration of 3 minutes for male boxers and 2 minutes for female boxers with a rest period of 1 minute between the end of each round and the start of the next. Professional contests under the jurisdiction of the Commission shall be scheduled for four, six, eight or ten rounds unless otherwise specifically authorized by the Executive Director in the case of a world championship, State championship or other especially significant contests when contests may be scheduled for 12 or 15 rounds for male boxers as the Commission deems appropriate. The maximum number of rounds for female boxers is ten rounds. A contest of the scheduled duration of more than 15 rounds may not be permitted in this Commonwealth. The Executive Director may permit, and will have the discretion to place on the program, and to determine the length of, one scheduled intermission between contests of a professional event.

       (h)  A promoter shall notify the Executive Director of a proposed change in the composition of any contest under his promotion immediately upon the arising of need or decision for change. An announcement or advertisement of the proposed change may not be made by the promoter or a person connected with the promotion unless approval of a commissioner or the Executive Director has been granted. If the change is made and approved, immediate widespread public announcement shall be made through available communications media and written notice shall be posted conspicuously at ticket agencies and at entrances and ticket windows at the site of the event. Upon postponement or cancellation of the main event or the entire program of contests or exhibitions, the promoter shall refund the full price of each ticket to any person who presents the entire ticket for a refund within 10 days after the event. The promoter shall announce the postponement or cancellation at the beginning of the program and at other times during the event as the Commission may prescribe and shall notify the ticket holders in each announcement that they may present their ticket stubs for a refund of the purchase price during the program.

       (i)  The promoter of a professional event under the jurisdiction of the Commission shall make payment of the purse and other money due a participating boxer to the boxer personally unless a prior arrangement has been made and approved by the Commission. A promoter may not make payment to a boxer, to a manager or to an agent of either of them except in the presence of a commissioner or the Executive Director. There may be no variance from the procedure in this subsection except by explicit written direction by the Commission to the promoter.

       (j)  Each professional contest under the jurisdiction of the Commission shall be designated a contest or an exhibition according to its true and correct character and having been so designated, it shall be announced and advertised explicitly as such. An exhibition may not be announced or advertised either directly or by inference as a championship match.

       (k)  A boxer or a licensee may not strike, molest or abuse physically or verbally a spectator, ring official or representative of the Commission under penalty of summary disqualification, suspension or fine, or any combination of these penalties.

       (l)  A professional event or individual match may not be publicly announced or advertised until approved by the Commission.

       (m)  If a boxer refuses to continue a contest while physically able to do so, the referee shall rule the contest a technical knockout (TKO) and award the contest to the opposing boxer. The purse of the losing boxer, or any part thereof, may be impounded by the Commission.

    § 21.5.  Scoring system.

       (a)  The scoring in professional contests shall be on the basis of the ten points must system.

       (1)  Each judge in reaching a finding on each round of a contest shall award to the winning boxer ten points and to the losing boxer nine points or less and shall so inscribe the official score card immediately upon conclusion of the round.

       (2)  In the case of an even round, the judge shall award ten points to each boxer.

       (3)  At the conclusion of each round which has not been terminated by a knockout, a technical knockout or the disqualification of either boxer, the Executive Director or an inspector shall tally the points for each boxer and mark these scores on the official score card.

       (4)  If each boxer has been awarded the same total number of points, the vote of the judge shall be recorded as a draw.

       (5)  Each judge shall sign his name to his score cards.

       (6)  A boxer shall be declared the winner of a contest if he has received the winning votes of two or all of the judges.

       (7)  A contest shall be declared a draw if the votes of two or all of the judges shall so state, or if each boxer receives the winning vote of one judge and the vote of the third judge shall be for a draw.

       (b)  Examples of ten point scoring are as follows:

       (1)  10-10. Indicates an even round. Neither boxer distinguished himself as being more effective than the other. In addition, the boxers appeared equal in the areas that may be used to break an even round, such as opponent control, ring strategy and overall conditioning and abilities as a complete boxer, with emphasis on overall ability.

       (2)  10-9. Indicates one boxer distinguished himself as more effective during the round, as described in paragraph (1). This score is the most often used, and allows for a slight to considerable margin between the boxers. One boxer may have been only slightly better than the other or the boxer may have dominated the round without really stunning the other boxer, with no knockdowns.

       (3)  10-8. Indicates a round in which one boxer was in constant control, and unquestionably outclassed his opponent. The boxer may also have obviously stunned his opponent, usually including at least one knockdown. If there were no knockdowns, there shall still have been enough contact done to indicate that at least one of these occurrences was imminent.

       (c)  Subject to the foul rule in subsection (d), if in a round a boxer is adjudged guilty by the referee of a foul or of a technical violation of the Athletic Code, the referee may penalize the offending boxer one point for each foul or technical violation. The referee shall immediately stop the contest and notify the judges of the number of points being deducted and provide for the innocent boxer to be examined by the ringside physician, if warranted. In each round when points are being deducted, judges shall score the round in a normal manner and mark next to the score the number of points being deducted for that boxer for the foul as indicated by the referee. If a boxer persists in the employment of foul tactics or in technical violations of the Athletic Code or if the boxer inflicts, by foul means, a crippling injury upon his opponent so that the latter is adjudged incapable of continuing the contest, the referee shall disqualify the offending boxer and shall award the contest to the innocent boxer. In determining the scoring of a round, a judge shall consider the following:

       (1)  Aggressiveness.

       (2)  Clean hitting.

       (3)  Cleverness.

       (4)  Defensive skill.

       (5)  Effectiveness of blows.

       (6)  Fouls and technical violations.

       (7)  Knockdowns.

       (d)  If a boxer in a contest scheduled for more than four rounds receives an accidental foul that renders the boxer immediately unable to continue and less than four rounds have been completed, the referee shall rule the decision a ''no contest.'' This rule does not apply in the case of accidental low-blow fouls as referenced in subsection (l). If at least four rounds have been completed, the boxer ahead on the scorecards shall be awarded the decision. If neither boxer is ahead on points, the contest shall be ruled a draw. The round shall be considered complete when the bell is sounded ending the round. Partial rounds shall be scored when at least four rounds have been completed.

       (e)  If a boxer in a contest scheduled for four rounds receives an accidental foul that renders the boxer immediately unable to continue and less than three rounds have been completed, the referee shall rule the decision a ''no-contest.'' This rule does not apply in the case of accidental low-blow fouls as referenced in subsection (l). If at least three rounds have been completed, the boxer ahead on the scorecards shall be awarded the decision. If neither boxer is ahead on points, the contest shall be ruled a draw. The partial fourth round shall be scored.

       (f)  If a boxer receives an intentional foul, the referee shall stop the contest and shall deduct one or more points from the offender. Point deductions shall be at the discretion of the referee based upon the severity of the foul. If the boxer who received the intentional foul is unable to continue the round in which the foul occurred, as determined by the referee or ringside physician, the referee shall stop the contest and the injured boxer shall have up to 5 minutes of recovery time. If after these 5 minutes the injured boxer cannot continue, the referee shall disqualify the offender. Point deductions and disqualifications are at the discretion of the referee.

       (g)  The referee shall have the authority to determine whether the foul is accidental or intentional and shall make his ruling known immediately after the foul has been committed. The referee shall notify the judges, Commission personnel and both boxers of his ruling.

       (h)  If an injury inflicted by an accidental foul later becomes aggravated by fair blows and the contest must be stopped in a round other than the one in which the foul occurred, the outcome will be determined by the scoring of all partial and completed rounds if at least four rounds have been completed. If less than four rounds have been completed, the outcome shall be ruled a ''no-contest.''

       (i)  If an injury inflicted by an intentional foul later becomes aggravated by fair blows and the contest must be stopped in a round other than the one in which the foul occurred (See subsection (e)), the injured boxer will win by a technical decision if he is ahead in the scoring.

       (1)  The contest shall be ruled a technical draw if the injured boxer is behind or even in the scoring.

       (2)  If a boxer injures himself while attempting to intentionally foul his opponent, the referee shall take no action in his favor, and this injury shall be treated the same as one produced by a fair blow.

       (j)  In a round when a boxer has been knocked down and that boxer has not risen at the end of the round, the count of the timekeeper shall be continued and, if the fallen contestant shall fail to rise before the count of ten, he shall be considered to have lost the contest by a knockout in the round just concluded. If the boxer does rise and the round has already ended, the timekeeper shall immediately ring the bell signifying the end of the round.

       (k)  The referee shall signal for a time-out when a boxer is knocked down as a result of an accidental foul or accident, as ruled by the referee. The boxer shall have up to 5 minutes of recovery time. If the boxer cannot continue after 5 minutes and four rounds or more have been completed, the winner of the contest shall be determined by the scores indicated for completed rounds on the scorecards. Partial rounds shall be scored when at least four rounds have been completed. If less than four rounds have been completed, the contest shall be ruled a technical draw.

       (l)  In the case of an accidental low-blow foul, the same procedures in subsection (k) shall be followed, except that if the boxer who is unable to continue is ahead on points, the contest shall be ruled a technical draw. If his opponent is ahead on points, he shall be awarded the decision.

       (m)  If a boxer is disqualified by the referee and that boxer is behind on points at the time of his disqualification, regardless of the round, that boxer shall lose by technical knockout (TKO).

    § 21.6.  Promoters.

       (a)  Promoters of professional events under the jurisdiction of the Commission shall be licensed by the Commission and shall be responsible for the observance of the Athletic Code and this part, as far as the Athletic Code and this part apply to them and their activities during and after events under their promotion.

       (b)  Each promoter shall file with the Commission fully conformed and executed copies of contracts between the promoter and managers and boxers committed to participation in events under his promotion. Each contract filed shall set forth the exact and complete agreement between the parties. Undisclosed additional or collateral written or oral agreements or understandings pertaining to the subject matter of the original contract or the event are prohibited and void. Promoters may not contract or negotiate with a matchmaker, manager or boxer who is under suspension by the Commission, except with the written permission of the Executive Director.

       (c)  The promoter is responsible for the maintenance of order and the safety of persons present at each event under his promotion, and he shall provide ample security.

       (d)  A promoter who shall be adjudged guilty of an offense of violence or of conduct reflecting discreditably upon boxing shall be liable to suspension or revocation of license or both, by the Commission.

       (e)  Unless otherwise directed by a commissioner or the Executive Director, each promoter shall pay out all boxing purses immediately after the contest but no later than 24 hours after an event.

       (f)  A promoter may distribute passes to his staff or other individuals helping in the promotion of an event to permit them to enter the event. The number of passes may not exceed 50 or more than 1% of the total seating capacity of the facility, whichever is less, unless otherwise approved by a commissioner or the Executive Director. Passes shall be visibly displayed and are not subject to the Commission's gross receipts tax.

       (g)  The promoters of a contest between female boxers shall provide them with adequate and separate dressing rooms from male boxers.

    § 21.7.  Matchmakers.

       (a)  Matchmakers shall be licensed by the Commission and shall be employed only by licensed promoters. Matchmakers shall be familiar and comply with the Athletic Code and this part with special reference to contracts, the giving of advance notice, the advertising of events and the due observance of legal weight differentials between opponents.

       (b)  Matchmakers shall be familiar with the records, the abilities and the physical condition of boxers for whose services they negotiate. Matchmakers shall take notice of suspensions issued by any commission, including those in other jurisdictions, and may neither contract nor negotiate with unlicensed managers or boxers or those who are under suspension, except by written permission of a commissioner or the Executive Director.

       (c)  The matchmaker for each event for which he has been engaged shall submit to the Commission at least 5 days prior to the event the true legal names, the ring names and the correct legal addresses of boxers under contract to participate unless this has been done by the promoter. This requirement will be waived by a commissioner or the Executive Director only for sufficient reason. The matchmaker shall advise managers and boxers under contract for an event of the time and place of the official weigh-in and of the time and place of their appearance for the actual event.

    § 21.8.  Boxers.

       (a)  Professional boxers shall be licensed by the Commission. The Commission will not license or renew the license of a professional boxer unless the license application is accompanied by a report from a Department of Health facility, a laboratory possessing a permit from the Department of Health under 28 Pa. Code § 5.11 (relating to permit, requirements, application and conditions) or a report from a laboratory licensed in another jurisdiction that meets the requirements to be issued a permit under 28 Pa. Code § 5.11 and is acceptable to the Commission, which indicates that the applicant has been tested for any virus, antibody, antigen or etiologic agent determined to cause or indicate the presence of human immunodeficiency virus, and the results of those tests were negative. The tests shall have been initiated no more than 60 days prior to the date of filing the application. A boxer whose application for license has been denied has the right to a hearing before the Commission under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies). The applicant shall apply, in writing, to the Commission requesting a hearing. The Commission will conduct a hearing within 10 business days from the receipt of the written request.

       (b)  The Commission will require each professional boxer under contract to appear in a contest under its jurisdiction to be properly licensed and to be examined and certified by a physician appointed by the Executive Director to be physically sound before being permitted to engage in the contest. A commissioner, the Executive Director or the ringside physician, upon the individual's own initiative as a safety precaution, may require a professional boxer under the jurisdiction of the Commission to undergo a general or an ad hoc physical or mental examination, or both, for the purpose of determining whether or not the boxer is fit to continue actively in the profession of boxing.

       (c)  Whenever a professional boxer considers himself unable by reason of illness or injury to participate in a contest for which he is under contract within the jurisdiction of the Commission, he, or his manager in his behalf, shall promptly notify both the Executive Director and the promoter of the event of the alleged condition of the boxer. The boxer shall immediately submit written medical verification to the Executive Director who may, if he deems fit, require the boxer at his own expense to undergo examination by a physician selected by the Executive Director for further substantiation of the averment of disability. If a contest to which a professional boxer is under contract has been canceled and no suitable opponent, as determined by the Executive Director, can be located, the boxer shall be entitled to reasonable expenses as determined by the Executive Director.

       (d)  A boxer shall be considered to have been knocked out in a contest if he is counted out and he may incur a suspension of up to 90 days. A suspension under this section shall be mandatory if the boxer has been knocked unconscious or has received a concussion. This mandatory suspension shall be removed only after the boxer has been pronounced fit after undergoing medical examination by a physician.

       (1)  A boxer may incur a suspension of up to 30 days if he experiences a technical knockout without head injuries.

       (2)  A boxer may incur additional suspension time upon recommendation of the ringside physician or the Commission's Medical Advisory Board.

       (3)  A professional boxer who is defeated in six consecutive contests, either within or outside the jurisdiction of the Commission shall be required to undergo a medical examination by a physician approved by the Commission, pending inquiry by the Commission to determine the physical and mental ability of the boxer to continue safely in the boxing profession.

       (e)  The Commission will not license as a professional boxer an applicant under 18 years of age and the Commission will require conclusive proof of age of a boxer applying for the first time to be so licensed with the Commonwealth. An applicant for a boxing license who has never competed in a professional contest shall attach to his license application the results of a complete general physical on a form supplied by the Commission in the Medical/Safety Manual. The Commission will not license as a professional boxer an applicant over 36 years of age except by special action by the Commission. An applicant for a boxing license over 36 years of age shall attach to his license application the results of the following:

       (1)  A complete general physical on a form supplied by the Commission.

       (2)  An electrocardiogram (EKG).

       (3)  A stress echo test.

       (4)  An eye exam.

       (f)  The Commission will not permit a professional boxer to participate in a contest under its jurisdiction without first having signed with a licensed promoter a contract covering the participation that meets the requirements of sections 1101--1104 of the Athletic Code (relating to contracts) and this part. If the boxer is under contract to a manager, the manager is also required to sign the contract unless excused by the Commission. This does not mean that a boxer is not contractually bound by a commitment made in his behalf by his legally constituted manager even though the boxer may not have personally executed the instrument purporting to commit him.

       (g)  A boxer under the jurisdiction of the Commission may not be under contract to more than one manager at the same time without express approval of the Commission. A boxer under the jurisdiction of the Commission may not enter into a contract with a manager or combination of managers in which the boxer is obligated to the payment of more than the total of 40% of his earnings under the manager or combination of managers.

       (h)  A boxer whose manager has been suspended by the Commission or whose suspension in another jurisdiction is recognized by the Commission may box in this Commonwealth, independently of his managerial contract at the discretion of the Commission and will be permitted to contract individually under the circumstances and to collect the full amount of a purse or other moneys due to him; no part of the sum may be held or reserved for the suspended manager.

       (i)  Professional contests between boxers under contract to the same manager are prohibited without exception.

       (j)  The Commission may require either or both of the participants in a professional contest to guarantee appearance or the making of agreed weight, or both, by stipulated monetary forfeit to be posted with the Commission in cash or by certified check by a stated time prior to the contest under appropriate circumstances. The Commission may declare the sum posted by him forfeited in whole or in part if a boxer fails to appear or make the agreed weight, and the forfeited amount shall be distributed, as the Commission, in its discretion, will decide.

       (k)  A professional boxer who fails to appear promptly at the time and place set by the Executive Director for the official weigh-in for a contest in which he is under contract to participate shall be subject to a disciplinary action the Commission sees fit to impose. A professional boxer who fails to appear for a contest in which he is under contract to participate or having appeared, refuses to participate in a contest may be subject to a fine, suspension, revocation of license or one or all of these penalties at the discretion of the Commission.

       (l)  If either or both of the participants in a professional contest fail to satisfactorily put forth serious effort during the contest or persist in foul tactics in the judgment of the referee, the referee shall stop the contest after reasonable warning, disqualify the offending boxer and award the decision to the boxer making the serious effort. The Commission may impound moneys due to the offending boxer pending the outcome of a hearing, which the Commission will arrange.

       (m)  Participants in professional contests under the jurisdiction of the Commission shall:

       (1)  Be shaven clean except that the Commission may sanction the wearing of closely cropped mustaches or beards, or both, at its discretion.

       (2)  Wear their hair secured so that it does not interfere with the vision or safety of either contestant.

       (3)  Use no facial cosmetics.

       (4)  Wear conventional boxing trunks, smoothsole shoes, a foolproof abdominal guard or cup and an individually fitted mouthpiece, which shall be subject to examination and approval by the Commission. Female boxers shall also wear a chest protector, body shirt and blouse and comply with § 21.8(n) (relating to boxers). Female boxers are also required to follow all other general requirements applicable to male boxers.

       (5)  Adhere to the following requirements for gloves. Each glove used in a professional boxing contest under the jurisdiction of the Commission shall weigh at least 8 ounces of which no more than 1 ounce shall be in the wrist padding of the glove. At all times, boxers competing against each other shall wear gloves of the same weight. For boxers weighing 160 pounds or less, the boxing gloves cannot weigh less than 8 ounces each. For boxers weighing over 160 pounds, the boxing gloves shall weigh at least 10 ounces each.

       (i)  The gloves of each boxer shall be adjusted in the dressing quarters of the event under the supervision of a Commission representative and in the presence of a second of the opposing boxer, if the latter so desires. Gloves of the participants in the main contest may also be adjusted in the ring by the referee.

       (ii)  The ends of the lace of each glove shall be tied and knotted on the back of the wrist of the glove and a single strip of adhesive tape 1 inch in width shall be carefully and smoothly placed around the wrist of the glove over the lace and the knot.

       (iii)  The bandage for use on each hand and wrist shall be soft bandage or gauze not more than 2 inches in width and 10 yards in length, except that the bandage for the hand of a light heavyweight or heavyweight boxer may be 12 yards in length. The bandage shall be wrapped smoothly and evenly on each hand and shall be held in place by adhesive tape 1 inch in width around the wrist with overlap of not more than 1 inch to clinch the ends. Tape, cotton or a substance other than the approved bandage may not be used between the fingers or over the knuckles of the hand. Bandaging of the hands of a boxer shall be done in the dressing quarters under the supervision and subject to the inspection and approval of a Commission representative and in the presence of a second of the opposing boxer, if the latter so desires.

       (n)  A female boxer:

       (1)  May not engage in a contest with a male boxer.

       (2)  Shall provide the Commission with a negative pregnancy test result taken not more than 24 hours prior to the scheduled contest.

       (o)  A male boxer may not engage in a contest with a female boxer.

    § 21.9.  Managers.

       (a)  The Commission will license managers of professional boxers after being satisfied as to their good character, reputation and qualifications.

       (b)  A contract or negotiation entered into by a manager not licensed by the Commission may be upheld as valid by the Commission if the manager is licensed in another jurisdiction.

       (c)  A person may not be permitted to enter into a contract to manage a professional boxer without first being so licensed. If his license is revoked or allowed to expire, a contractual relationship, which he has with a boxer, will become void as required by section 1103(b) of the Athletic Code (relating to provisions in contracts between managers and professional boxers).

       (d)  A manager of a professional boxer may not sell, assign, transfer or encumber, or attempt to sell, assign, transfer or encumber an interest, in whole or in part, which he may hold in a contract for the services of the boxer without notice to and written consent of the boxer and of the Commission.

       (e)  A licensed manager of a professional boxer may act as second to the boxer in a contest under the jurisdiction of the Commission.

       (f)  A manager of boxers who is adjudged responsible for an offense of violence or conduct reflecting discreditably upon boxing may be subject to suspension or revocation of license, or both, by the Commission.

       (g)  A manager of boxers who has been suspended by the Commission or whose suspension in another jurisdiction is recognized in this Commonwealth will be prohibited from carrying on managerial activity and from acting as a second within the jurisdiction of the Commission.

       (h)  When a contest occurs in this Commonwealth, and a dispute arises between a manager and his boxer, the Commission may impound for a manager who is licensed in this Commonwealth or in another jurisdiction recognized by the Commission, upon the request of the manager, the proper portion of the purse of a boxer under contract to him pending final determination of the merits of the matter. If a boxer engages in a contest without the consent of his manager, the Commission may, at the request of a manager licensed in this Commonwealth or in another jurisdiction recognized by the Commission, impound the proper portion of the purse of a boxer under contract pending final determination of the merits of the matter.

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    § 21.10.  Seconds or trainers.

       (a)  The Commission will license professional boxing seconds after being satisfied of their good character, reputation and qualifications.

       (b)  Unless he is licensed also as a manager of professional boxers, a second may not act or attempt to act in a managerial capacity.

       (c)  The number of seconds attending a professional boxer in his ring corner shall be limited to a maximum of four.

       (d)  Seconds attending a professional boxer shall be neatly and cleanly attired in a manner subject to the approval of the Commission.

       (e)  First aid and other ring equipment of a second shall before, during and after use be subject to inspection by the attending physician and Commission personnel whose decision as to the propriety of its use is final.

       (f)  Seconds may not enter the ring during a round, and they shall leave the ring promptly, with stools, buckets and other obstructive equipment upon the sounding 10-second warning signal of the timekeeper for the start of the next round.

       (g)  Seconds shall remain seated at ringside and may not rise or lean upon the ring platform during rounds nor may they heckle the participants or the officials during the event.

       (h)  Seconds may not attempt to render aid to a fallen or otherwise injured boxer in the ring until the attending physician has examined the boxer and indicated that his seconds may minister to him. However, a second may remove the protective mouthpiece of the boxer without awaiting direction.

       (i)  The designated chief second shall be the only spokesman of a boxer to the referee and other officials while the boxer is in the ring.

       (j)  A second who is under suspension by the Commission or whose suspension in another jurisdiction is recognized in this Commonwealth will be prohibited from acting as a second within the jurisdiction of the Commission.

       (k)  A second will not be permitted to act as such during an event unless the second is wearing disposable latex hygienic gloves. Gloves shall be paid for and provided by the promoter.

    § 21.11.  Referees.

       (a)  Professional boxing referees shall be licensed by the Commission and will be appointed by the Executive Director to officiate in each professional contest and exhibition under the jurisdiction of the Commission except exhibitions conducted solely for training or instruction purposes.

       (b)  To qualify as a professional boxing referee and to obtain a license in that capacity, an applicant shall conform to the following requirements:

       (1)  Be at least 21 years of age, of good moral character and reputation, of sound physical health and of a level of intelligence and degree of attainment as a student of boxing satisfactory to the Executive Director.

       (2)  Serve an apprenticeship of at least 3 months during which he shall diligently study the Athletic Code and this part, especially the portions that pertain to boxing and to the duties of boxing referees, and shall work with and undergo instruction under the direction of licensed officials under conditions and occasions the Commission designates.

       (c)  The powers and duties of a professional boxing referee shall be as follows:

       (1)  To exercise immediate authority, direction and control over each contest and exhibition to which he is appointed.

       (2)  To submit to physical examination at the discretion of the Executive Director.

       (3)  To wear in the ring apparel of a type, style and color approved by the Commission.

       (4)  To determine the identity of the chief seconds of the respective boxers and to give final instructions to the boxers and to their seconds as he deems appropriate before the start of each contest and exhibition under his direction; to hold the chief seconds responsible for their own conduct and for the conduct of their respective assistant seconds in all matters pertaining to the contest; and to remove or cause to be removed from the ring or the vicinity a manager, second, trainer or other person who interferes with the conduct of the contest. In addition to ejecting the individual, a referee may also deduct points from a boxer during a contest. Furthermore, the Commission may suspend or fine the manager, second or trainer or impose both a suspension and a fine.

       (5)  To check the gloves, equipment and persons of the boxers before the start of each contest and exhibition and as he sees fit throughout to assure that no unsafe or improper condition exists.

       (6)  To observe carefully and continually the physical condition of the participants and have full and final responsibility either at his own discretion, or upon direction from the attending physician, for the immediate halting of a contest when the safety of a boxer would be, for any reason, jeopardized by continuance.

       (7)  To exercise his full authority to interrupt the progress of a round in the event of injury to a participant by directing the timekeeper to stop the clock and calling the attending physician into the ring to examine and rule upon the condition of the injured boxer. If the physician determines that the boxer is fit to continue, the referee shall direct the timekeeper to start the clock and resume the round from the point of interruption. When an injury has resulted from an accidental or intentional foul by the opposing boxer, as listed in § 21.16(b) (relating to Safety Code), the referee upon advice of the attending physician may order a rest period not to exceed 5 minutes.

       (8)  To enforce the rules of professional boxing in Subpart B of the Athletic Code (relating to boxing), the referee's manual and this part.

       (9)  To take away points from the score of the boxer in the event of foul tactics by the boxer at any time during a round in which the foul tactics have occurred. When he has taken action, he shall inform the judges, a Commissioner or the Executive Director and the chief seconds of the participants.

       (10)  To disqualify either or both participants in a contest for failure to perform according to due standards of effort, ability or conduct and to recommend the withholding of compensation otherwise payable to the disqualified boxer or the imposition of a fine, suspension or other penalties, or one or all of these penalties, as he deems appropriate.

       (11)  To collect and deliver the completed, signed, official scorecard of each judge to the Executive Director or an inspector after each round.

       (12)  To decide whether or not a boxer has been knocked down during the course of a round and indicate that decision to the timekeeper, whose count shall be accordingly continued or discontinued. If the count is to be continued, the referee shall pick it up verbally and by gesture after first making sure that the opponent of the fallen boxer has retreated to the neutral corner of the ring.

       (13)  To confirm the official result and whether it has been reached by decision on points, by knockout, by technical knockout or by disqualification to the Commission at the conclusion of each contest under his direction.

       (d)  A referee while officiating shall wear disposable latex hygienic gloves to be paid for and provided by the promoter.

    § 21.12.  Judges.

       (a)  Professional boxing judges shall be licensed by the Commission. Three licensed judges shall be appointed by the Executive Director to officiate in each professional contest under the jurisdiction of the Commission. A licensed boxing referee may be appointed at any time to officiate in the capacity of boxing judge.

       (b)  To qualify as a professional boxing judge and to obtain a license in that capacity, an applicant shall conform to the following requirements:

       (1)  Be at least 21 years of age, of good moral character and reputation and of a level of intelligence and degree of attainment as a student of boxing satisfactory to the Executive Director.

       (2)  Serve an apprenticeship of at least 3 months, during which the applicantshall diligently study the Athletic Code and this part, especially the portions that pertain to boxing and to the duties of boxing judges, and shall work with and undergo instruction under the direction of the Executive Director.

       (3)  Have the intention to be qualified for duty as a professional boxing judge after undergoing observation and written or oral examination, or both, on the techniques and requirements of the position at the discretion of the Commission.

       (4)  Attend at least one seminar per year as directed by the Commission.

       (c)  It shall be the duty of a professional boxing judge to observe carefully and expertly the performance of the boxers in each contest to which he is appointed; to appraise the performances fairly and accurately in the light of Subpart B of the Athletic Code (relating to boxing), the judge's manual and this part; to inscribe the results of the appraisal after each round on the official scorecard according to the scoring system adopted by the Commission; and at the conclusion of each round to complete and sign each official scorecard and deliver the completed, signed scorecard to the referee.

    § 21.13.  Timekeepers.

       (a)  Timekeepers shall be licensed by the Commission and shall be appointed by the Executive Director to serve at professional contests and exhibitions.

       (b)  The timekeeper shall keep time by means of an accurate stop clock or stopwatch, and it shall be his responsibility to assure that the instrument is in good working order when it is to be used. The timekeeper shall sound the gong to begin and to end each round, and shall count for knockdowns by striking the floor of the ring or a suitable strikingboard with a hammer or wooden mallet. The timekeeper shall give warning to seconds of boxers to leave the ring between rounds by sounding a whistle signal 10 seconds before the end of the rest period, and shall give warning of the end of a round by striking a hammer on a strikingboard 10 seconds before striking the gong. The timekeeper may give no other signal or other information on the progress of a round.

       (c)  If a boxer falls to the floor of the ring or leaves the ring during the progress of a round, the timekeeper shall immediately begin the official count as set forth in subsection (a) and shall continue to the count of ten at the rate of one stroke per second unless the referee rules no knockdown and direct that the count be suspended.

       (d)  If a boxing bout terminates before completion of the final scheduled round, the timekeeper shall record the exact time of termination and shall inform the announcer and shall report to the Commission the exact duration of the bout.

       (e)  If a boxing bout terminates between rounds by direction of the referee or at the request of the chief second of one of the boxers, the timekeeper shall strike the gong to begin the succeeding round and the bout shall be ruled to have ended in the succeeding round by any decision the referee made.

    § 21.14.  Insurance.

       (a)  Boxers engaged in professional contests and exhibitions under the jurisdiction of the Commission shall for their financial protection be covered by the most advantageous life and accident insurance contract available through negotiation and agreement by the Commission with a private insurance company approved by the Insurance Department to do business within this Commonwealth.

       (b)  The promoter of each professional event under the jurisdiction of the Commission shall deduct from the purse paid to the manager of the boxer the cost of the insurance for the boxer and shall pay to the Commission the full amount due in accordance with the current premium schedule. Failure to make immediate payment of insurance premiums as provided shall render the defaulting promoter eligible for suspension and license revocation.

       (c)  It shall be the responsibility of a boxer who suffers injury covered by insurance to report the injury promptly to the examining physician assigned to the event. The responsibility shall extend to the chief second of the injured boxer, as well as to other persons officially attached to the boxer. Failure to report to the examining physician or, if for any reason he is not readily available, to the constitute grounds for suspension and license revocation.

       (d)  Upon receipt of notice of injury to a boxer, the examining physician shall make examination and investigation and shall promptly report pertinent findings to the Commission upon the official form provided for that purpose in the Medical/Safety Manual.

    § 21.15.  State championships.

       (a)  The Commission will establish State boxing championships in the recognized weight classes.

       (b)  Contenders for championships shall have been bona fide residents of this Commonwealth for at least 6 months prior to engaging in competition for State championships.

       (c)  The Commission may fill a vacancy in the championships by designating the best available match between leading contenders in the weight class, as determined by the Commission's ranking of boxers, and recognizing the winner as champion.

       (d)  A boxer who is recognized as a State champion shall defend his title against a Commission-approved challenger at least once each year or the Commission may declare the title to be vacated.

       (e)  If a boxer, having contracted to engage in a championship contest, fails or refuses the Commission's drug test or violates a section of the Athletic Code in the course of the championship event, as determined by the Commission, the opponent in the contest will be declared the winner by default.

       (f)  A contest may not be advertised as a State championship without the written approval of the Commission, and a boxer may not be advertised as State champion unless so designated by the Commission.

       (g)  State championship contests shall be of 12 rounds scheduled duration unless otherwise determined by the Commission.

       (h)  Subject to § 21.4(b) (relating to conduct of contests), if the champion makes weight and the challenger does not, the fight may go on, subject to the approval of a commissioner or the Executive Director. The champion will retain the belt, regardless of the outcome of the contest. If the champion is overweight and the challenger makes weight, the contest may go on, subject to the approval of a commissioner or the Executive Director. The champion shall vacate the title regardless of the outcome, and the challenger will win the title only if he wins the contest. If both boxers are overweight the contest may go on as a nontitle contest, subject to the approval of a commissioner or the Executive Director, unless approval is given by both boxers and a commissioner or the Executive Director to box for the title.

    § 21.16.  Safety Code.

       (a)  The Commission, referees, all other ring officials and participating athletes, managers and seconds shall be aware of the safety provisions in the Athletic Code, its amendments and this part. In addition, they shall be constantly alert to every reasonable consideration of humanity and common sense which indicate and govern the actions of prudent individuals to minimize the risks inherent in boxing. The primary, inescapable responsibility of the Commission will be the protection of the athletes under its jurisdiction, and under no circumstances will this concern be subordinated to an interest of gain, sentiment or convenience. Parties involved in implementing this basic program shall be dedicated not only to the letter of the Athletic Code, its amendments and this part but at least equally to the exercise of initiative, resource, decision and unstinted effort in those unprecedented, unpredictable and unprovided emergencies which challenge the best in individuals at the brink of safety or tragedy, life or death.

       (b)  The following fouls and other unsportsmanlike practices are prohibited in boxing contests in this Commonwealth:

       (1)  Hitting below the belt.

       (2)  Tripping.

       (3)  Kicking.

       (4)  Butting.

       (5)  Kneeing.

       (6)  Throttling.

       (7)  Elbowing.

       (8)  Striking with the head, shoulder or forearm.

       (9)  Hitting with open glove, or the inside, side or wrist of the glove.

       (10)  Hitting on the back, especially the kidneys or back of the neck.

       (11)  Pivot blows.

       (12)  Pressing the face of an opponent with arm or elbow.

       (13)  Attacking while holding the ropes and making use of the ropes in any other unfair way for attack purposes.

       (14)  Pressing the head of an opponent over the ropes or against the turnbuckles or ring posts.

       (15)  Wrestling, lying on and throwing while in a clinch.

       (16)  Attacking a fallen opponent.

       (17)  Clinching, holding or locking the arms or head of an opponent, pushing a stiff arm underneath an arm of the opponent, holding and hitting.

       (18)  Pulling and hitting.

       (19)  Hitting on the break after a clinch.

       (20)  Ducking low to up-end an incoming opponent.

       (21)  Thumbing and gouging the eyes of an opponent, rubbing the face of an opponent with laces, adhesive tape or abrasive area of or substance on the gloves.

       (22)  Use of an ointment, powder or other substance intended or likely to cause danger or discomfort to an opponent.

       (23)  Biting.

       (c)  A commissioner or the Executive Director will strictly enforce the requirements with respect to the bandaging of hands of boxers, the purpose of the bandaging being at all times confined to the protection of the hands and never the enhancement of the effect of blows. A boxing glove in which the padding has been displaced or broken may not be used in a contest under the jurisdiction of the Commission.

       (d)  A boxer may not engage in a contest without wearing an abdominal guard or cup. A female boxer shall also wear a chest protector approved by the Commission. A boxer may not wear shoes with hard soles, hard or sharp edged heels, spikes, cleats or abrasive surfaces.

       (e)  If the gloves of a boxer touch the floor of the ring during a contest, the referee shall cleanse them of resin, grit and dirt by wiping them on his shirt or, if necessary, with a towel before allowing the action to continue.

       (f)  A commissioner or the Executive Director has authority to enter and inspect training quarters of boxers under the jurisdiction of the Commission to observe the conduct, facilities and cleanliness of the quarters and to appraise the activities and the physical condition of boxers during training.

       (g)  Every boxer under the jurisdiction of the Commission in undertaking to engage in a contest within this Commonwealth shall certify to the Commission that he is in sound physical condition and is not concealing an illness, injury or disability. This certification shall be set forth in a contract entered into with a promoter for a contest whether by the boxer in his own behalf or by a manager acting for him. If the boxer incurs an illness, injury or disability prior to the contest, he and his manager, if any, shall be strictly responsible for prompt and complete disclosure to the Commission.

       (h)  The mandatory eight-count rule shall be in effect in boxing contests within this Commonwealth. If the referee rules that a boxer has been knocked down, action may not be resumed until the referee has counted to eight even though the fallen boxer meanwhile has regained his feet. During this eight-count, the referee or ringside physician may terminate the contest if a boxer appears to be in physical danger.

       (i)  The three knockdown rule will not be in effect in boxing contests within this Commonwealth.

       (j)  If a boxer is knocked out, his consequent suspension prohibits him not only from boxing in actual competition, but also from sparring as a part of his training exercises. If a boxer is knocked unconscious during a contest, his seconds may not minister to him, except to remove his mouth protector, until the attending physician has examined him and given appropriate instructions for his further care. If a boxer receives a concussion, the boxer may not be permitted to box, even after the expiration of the medical suspension, until the boxer has been thoroughly examined and approved by a physician, who may be designated by the Commission.

       (k)  If a boxer has been a victim of repeated knockouts or the recipient of sustained severe punishment, or both, the Commission may revoke, suspend or refuse to renew his license after the boxer undergoes a medical examination by a physician under section 708 of the Athletic Code (relating to suspension and revocation for injuries). The Commission will notify a boxer in writing of its action. A boxer may request a hearing before the Commission to review the Commission's action, under 2 Pa.C.S. §§ 501--508 (relating to practice and procedure of Commonwealth agencies). The Commission will give full force and recognition within this Commonwealth to medical suspensions and retirements imposed upon boxers in other jurisdictions subject to the right of appeal of affected boxers to the Commission which shall seek and, if possible, obtain a complete record of the matter from the authority which imposed the original suspension or retirement before rendering a decision in any given case.

       (l)  If a boxer is legally knocked or falls from the ring during a contest, the boxer shall be allowed a maximum of 20 seconds to return within the ropes unassisted.

       (m)  If a boxer rises within the count of ten after being knocked down and then falls without being struck again, the referee shall resume the count at the point where it was stopped when the boxer rose.

       (n)  A protective regulation in this section or elsewhere in the Athletic Code or this part will not be waived or relaxed in any degree by a Commission official for a boxing contest in this Commonwealth. Championship contests will not fall within this prohibition.

    CHAPTER 23.  AMATEUR BOXING

    § 23.1.  Relations with amateur athletic associations.

       (a)  The Commission may collaborate through the local amateur athletic associations in the conduct of amateur events in this Commonwealth, at its discretion. At no time may the authority of the Commission or the responsibility of the Commission to enforce the Athletic Code be relinquished, delegated or impaired, by or through the processes of collaboration.

       (b)  When the Commission collaborates with an amateur athletic association in the conduct of an amateur event, the rules and regulations of the amateur athletic association relating to weight classes, ring and ring equipment, conduct of contests and scoring system shall be in effect. However, if a controversy arises in connection with a subject which is not covered by the express provisions of this chapter, the Commission will reserve the right to finally pass upon the matter and to make whatever decision it deems to be fair and equitable under the circumstances. The decision will be final.

    § 23.2.  Amateur events.

       (a)  An amateur event under the jurisdiction of the Commission may not be held without a permit for the event having been first secured by the sponsor from the Commission. Permits for amateur events shall be issued only to those sponsors approved by the Commission.

       (b)  The sponsor shall be responsible for the maintenance of order and the safety of persons present at each event under its sponsorship and it shall provide ample and effective police and fire protection at each event.

    § 23.4.  Boxers.

       (a)  The Commission will require each amateur boxer scheduled to appear in a contest under its jurisdiction to be examined by a physician.

       (b)  The Commission may suspend an amateur boxer who the Commission determines cannot safely defend himself or whose actions are deemed detrimental to the sport of boxing.

       (c)  Participants in amateur events under the jurisdiction of the Commission shall conform to the regulations set forth by the local amateur athletic associations.

       (d)  When deemed appropriate by the Commission, the provisions for professional boxers in §§ 21.4(c) and (h), 21.6(g), 21.8(m)--(o) and 21.16 apply to amateur boxers.

    § 23.5.  Seconds or trainers.

       (a)  The Commission will permit amateur boxing seconds to function only after they have been approved by the local amateur athletic associations. However, the Commission may designate a second if no second approved by the amateur athletic associations is available.

       (b)  The Commission may remove a second who displays improper conduct in the course of an event.

       (c)  First aid and other ring equipment of a second shall in all cases and at all times, before, during and after use, be subject to inspection by the attending physician and Commission personnel. Any decision as to the propriety of its use shall be final.

    § 23.6.  Referees.

       (a)  Amateur boxing referees shall be appointed by the amateur athletic associations with the approval of the Commission. Referees may be removed by a commissioner, the Executive Director or an inspector at any time if deemed incompetent.

       (b)  A referee appointed under this section shall be 21 years of age or older, of good moral character and reputation, of sound physical health and approved by the amateur athletic association overseeing the event.

       (c)  The powers and duties of an amateur boxing referee shall be the same as those for professional boxing referees in § 21.11(a) (relating to referees), except that the referee shall enforce the rules of amateur boxing as set forth in the Athletic Code and this part as well as those rules adopted and promulgated by the amateur athletic associations.

       (d)  The Commission will determine the amount of the compensation of amateur boxing referees in accordance with reason and equity in the circumstances of the respective events to which they are appointed, and the compensation shall be paid in full in each case by the sponsor of the event.

    § 23.7.  Judges.

       (a)  An amateur boxing judge shall be appointed by the amateur athletic association with the approval of the Commission. A judge may be removed by a commissioner, the Executive Director or an inspector at any time if deemed incompetent.

       (b)  An amateur boxing judge shall be 21 years of age or older, and of good moral character and reputation.

       (c)  It shall be the duty of an amateur boxing judge to observe carefully and expertly the performances of the boxers in each contest to which he is appointed and to appraise the performances fairly and accurately.

    § 23.8.  Timekeepers.

       (a)  Timekeepers for amateur events may be appointed by the amateur athletic association with the approval of the Commission.

       (b)  The duties and responsibilities of timekeepers for amateur boxing events shall be the same as of timekeepers for professional contests in § 21.13 (relating to timekeepers).

    § 23.9.  Insurance.

       (a)  The sponsor of each amateur event shall ensure that all participants are covered by insurance. Costs associated with the insurance shall be the responsibility of the sponsor.

       (b)  Responsibilities with respect to the reporting, examination and investigation of injuries to amateur boxers shall be the same as those in § 21.14(c) and (d) (relating to insurance). However, when the requirements of these subsections are violated by unlicensed persons, the delinquent persons shall be eligible for disbarment from further connection with amateur and professional events under the jurisdiction of the Commission.

    § 23.10.  Age of participation.

       (a)  A person between 12 and 17 years of age may participate in amateur contests or exhibitions after obtaining written permission from a parent or legal guardian, and the consent of the Executive Director.

       (b)  A person 12 to 16 years of age may not participate in a contest against an opponent who is more than 1 year older.

       (c)  The limitations in subsections (a) and (b) do not apply to sanctioned events for the Junior Olympics under the direction of a National governing organization certified by the Commission.

       (1)  For the purposes of the Junior Olympic events, participants, with the written permission of a parent or legal guardian, may box only in the following age divisions:

       (i)  Ten and eleven years of age.

       (ii)  Twelve and thirteen years of age.

       (iii)  Fourteen and fifteen years of age.

       (2)  A participant may not take part in any event outside of the approved division for that age group.

    CHAPTER 25.  PROFESSIONAL KICKBOXING

    § 25.3.  Conduct of contests.

       (a)  A contestant will be given a physical examination by a Commission licensed physician at least 2 hours before the event. The results of the examinations shall be set forth in writing on Commission approved forms. If, in the opinion of the physician, a boxer is physically or mentally unfit to proceed, the physician shall notify the person in charge, who shall immediately cancel the contest or exhibition.

       (b)  A contest may not exceed 12, 3-minute rounds, with a minute rest period between rounds.

       (c)  A contestant intentionally avoiding physical contact with an opponent will receive a warning. If a contestant continues to avoid physical contact with the opponent after receiving a warning during that round, the contestant will be declared the loser of that round. If a contestant continues to avoid physical contact either in the same round or in the following rounds, the contestant may be subject to the same penalties and procedures as a contestant using foul tactics. (See § 25.6 (relating to fouls).)

       (d)  If a contestant refuses to continue a contest while physically able to do so, the referee shall disqualify the contestant, award the contest to the opposing contestant and report the incident to the Commission. The purse of the disqualified contestant may be impounded by the Commission pending a hearing on the disposition thereof.

       (e)  As soon as a contestant has been knocked down, the official timekeeper shall begin calling the count from 1 to 10. The referee shall direct the opponent to a neutral corner. Regardless of whether the boxer rises before the count of 10 is reached, a boxer who has been knocked down is required to take a mandatory count of 8 before the contest may continue.

       (f)  If a contestant who is down rises before the count of 10 is reached and immediately goes down again without being struck, the referee shall resume the count where it was left off.

       (g)  If both contestants go down at the same time, counting will be continued as long as one of them is down. If one contestant rises before the count of 10, and the other contestant remains down after the count of 10, the first contestant to rise shall be declared the winner by knockout. If both contestants rise before the count of 10, the clock shall be stopped until an examination is completed. If both contestants stay down for a count of 10, the contest will be stopped and the decision will be a technical draw.

       (h)  Before a fallen contestant can resume fighting after having slipped, fallen or been knocked to the floor, the referee shall wipe the contestant's gloves free of foreign substances, in the manner articulated in § 21.16(e) (relating to safety code).

       (i)  If a contestant has been wrestled, pushed or has fallen through the ropes during a contest, the referee shall call time-out and allow the contestant to return to the ring. If there is a question of a contestant's ability to return to the ring, the referee shall ask the ringside physician to examine the contestant. The physician shall decide if the contestant is able to continue. If the contestant is able to continue, the contestant may be assisted up into the ring by his chief second only. The chief second is not permitted to perform other tasks at this time.

    § 25.4.  Judging and scoring system.

       (a)  Each event, except those held solely for training purposes, shall be scored by three judges. The three judges of an event shall each select a winner of each round at the end of each round, marking their ballots accordingly. Ballots will be supplied by the promoter. These ballots will be collected by the referee and tabulated at the end of each round by the scorekeeper. Fractions of a point may not be given. Once the ballots have been marked by the respective judges, changes to the ballots will not be allowed.

       (b)  Judges shall score rounds by recording a score of ten points for the winner of each round and nine points or less to the loser of the round. Judges may score a round as even and thus shall mark their scorecards with ten points for each boxer.

       (c)  Examples of ten-point scoring are as follows:

       (1)  10-10 Indicates an even round. Neither contestant distinguished himself as being more effective than the other. In addition, the contestants appeared equal in the areas that may be used to break an even round, such as opponent control, ring strategy and overall conditioning and abilities as a complete kickboxing contestant, with emphasis on kicking ability.

       (2)  10-9 Indicates one contestant distinguished himself as the more effective contestant during the round, as described in this section. This score is the most often used, and allows for a slight to considerable margin between the contestants. One contestant may have been only slightly better than the other or he may have dominated the round without really stunning the other contestant.

       (3)  10-8 Used sparingly, but indicates a round in which one contestant was in constant control, and unquestionably outclassed his opponent. This contestant shall also have obviously stunned his opponent, usually including at least one knockdown or standing eight-count. If there were no knockdowns or standing eight-counts, one of these occurrences shall have been imminent.

       (d)  Points shall be totaled on each judge's scorecard to determine that judge's selection of a winner. Each judge's selection will count as one vote towards determining the overall winner of the contest. If two judges have an equal number of points for both contestants, the contest will be declared a draw. If one judge has an equal number of points for both contestants and the scores of the other judges each favor a different contestant, the contest shall be declared a draw. If the scores of two judges favor one contestant and the third judge's score favors the other contestant, the contestant receiving the two votes shall be declared the winner, by split decision. If the scores of all three judges favor one contestant, that contestant will be declared the winner by unanimous decision.

    § 25.5.  Minimum kick requirement.

       (a)  Each contestant shall execute a minimum of eight kicking techniques during the course of each round, unless otherwise agreed to by both boxers and a commissioner or the Executive Director. The kicks shall be clear attempts to make contact with the opponent above the waist to qualify. If a contestant does not execute his minimum kicks per round (MKRS), the contestant then shall make up the kicks in the next round, and if he does not, he will have a one point deduction.

       (b)  An example of minimum kick technique scoring is as follows: First round contestant only executes six kicks. In the second round this contestant shall make up his two kicks from round one plus his eight minimum kicks for round two for a total of ten kicks. If a contestant fails to make the minimum number of kicks in one round, and then fails to make up the kicks in the following round, that contestant will then be penalized one point. A contestant who fails to meet their MKRS in three consecutive rounds shall be disqualified and the victory awarded to his opponent.

       (c)  The public address announcer will inform the audience of minimum kicking requirement (MKR) violations. The Commission will apply these MKRS rules or the MKRS rules of a Nationally recognized kickboxing council or association for a particular contest, subject to the written approval of the Commission.

       (d)  One MKR official shall be assigned to each contestant in a contest. The official shall be positioned at ringside and is responsible to count, in order, the number of qualifying kicks executed by the contestant. The MKR official assigned to contestant A will sit opposite contestant A's corner, and the MKR official assigned to contestant B will sit opposite contestant B's corner. Both officials will keep track of the number of kicks executed by their assigned contestant with hand held cards. If a contestant executes less than the minimum number of required kicks in one round, the MKR official for that contestant will immediately notify the referee of the number of kicks thrown.

       (e)  At the end of each round the referee will take the judges' ballot slips and deliver them to a commissioner or the Executive Director for tabulation of the results onto a master scorecard.

    § 25.6.  Fouls.

       (a)  The referee shall determine all fouls based on the severity of the foul, the intent of the contestant committing the foul and the result of the foul. At the time of the infraction, the referee shall indicate to the judges the number of points that are to be subtracted from each boxer. The referee may simply issue a warning to the contestant, and no points will be subtracted.

       (b)  Accidental or intentional fouls will be governed under the regulations regarding accidental or intentional fouls in professional contests in § 21.5(d), (e) and (F) (relating to scoring system). The following actions are considered to be fouls:

       (1)  Striking with the elbow.

       (2)  Striking or kicking to the groin or any area below the waist.

       (3)  Attacking with a knee.

       (4)  Intentional striking or kicking to the back of the neck or throat.

       (5)  Striking to the face with a part of the arm other than the gloved hand.

       (6)  Linear, or straight-in, striking or kicking to the spine.

       (7)  Kicking to the legs.

       (8)  Punching or kicking of the contestant when he is down. A contestant is knocked down when any part of the contestant's body other than the feet touches the floor. If a contestant is on his way to the floor, the opponent may continue the attack until the contestant has touched the floor with any part of his body other than the feet.

       (9)  Takedowns.

       (10)  Intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body.

       (11)  Illegal sweeping--a kick in which the leg is swept in a roundhouse motion.

       (12)  Attacking on the break when both contestants have been ordered to take one step back by the referee.

       (13)  Attacking after the bell has sounded to end the round.

       (14)  Holding and hitting; such as holding with one hand, especially behind the neck, and hitting with the other.

       (15)  Grabbing or holding onto an opponent's foot or leg, followed by a takedown, strike or kick.

       (16)  Holding the ropes with one hand while kicking, punching or defending with the other hand or the legs.

       (17)  Leg checking by extending the leg to check an opponent's leg to prevent him from kicking. The checked kick will be counted by the minimum kicking requirement (MKR) official as an attempted kick.

       (18)  Purposely going down without being hit. This will result in the referee automatically administering an eight-count, as specified in the rule on knockdown.

       (19)  The use of abusive language in the ring or corner, as determined by the referee.

       (20)  Hitting or flicking with an open glove.

       (21)  Intentionally evading contact.

       (22)  Clinching, holding or otherwise tying up an opponent's arms to prohibit him from punching for two seconds or more, or repeatedly tying up the opponent's arm.

       (23)  Biting.

       (c)  If the contest ends in a knockout or a technical knockout, the Commission will enter the exact time of the knockout or technical knockout on the master scorecard.

       (d)  The Commission will make the final tallies and verify the accuracy of the scores.

    § 25.8.  Equipment.

       (a)  Contestants shall wear foot protectors, an individually fitted mouthpiece, a foul proof groin protector, a plastic cup with athletic supporter or preferably, an abdominal guard. Other equipment, such as hockey shin guards, elbow or forearm pads are not permitted. Loose or untied clothing is not permitted. Kickboxers may not wear rings or other jewelry.

       (b)  Contestants shall wear a uniform which shall include long pants that reach the ankle. The uniform shall be clean and not torn or frayed. Only black belts will be permitted to be worn in the ring. Loose or untied clothing is not permitted. Uniforms are subject to inspection by the referee and the Commission.

       (c)  In contests or exhibitions when the contestants weigh 150 pounds or under, boxing gloves weighing at least 8 ounces each shall be used. In contests or exhibitions when the contestants weigh over 150 pounds, boxing gloves weighing at least 10 ounces each shall be used. Gloves shall be supplied by the promoter and be in good condition without tears or wrinkles.

       (d)  The wrapping of the hands is mandatory. Hands shall be wrapped with soft, surgical gauze no more than 2 inches wide and not longer than 10 yards. Tape is not allowed between fingers. Each hand is allowed only one cross (X) across the back of the hand and two wraps around the wrist.

       (e)  Contestants are required to wear foot protectors. Only two windings of tape are permitted around the foot to hold the foot protector in place. Ankle supporters may be secured to the foot with no more than four windings of surgeon's adhesive tape. Hand and foot wraps are subject to Commission inspection and approval.

    § 25.9.  Ringside officials.

       (a)  At kickboxing events except those held solely for training purposes, there shall be a referee, three judges, a timekeeper, a scorekeeper, two minimum kicking requirement (MKR) officials and a physician in attendance. Officials shall be approved and licensed by the Commission. The promoter shall supply the Executive Director with a complete list of ringside officials at least 5 days before the scheduled event.

       (b)  Professional MKR officials and scorekeepers shall be licensed by the Commission as judges. The amount of compensation for these officials shall be determined and paid by the promoter of the event.

       (c)  Referees and judges shall be approved and licensed by the Commission and be at least 21 years of age, of good moral character and reputation, of sound physical health and of a level of intelligence and knowledge of kickboxing satisfactory to the Executive Director.

       (d)  Kickboxing referees shall be paid a minimum of $100 for each event by the promoter. Judges shall be paid a minimum of $75 for each event by the promoter.

       (e)  The amount of compensation for timekeepers will be determined and paid by the promoter of the event.

       (f)  There shall be at least one physician at all kickboxing events. This physician, who shall be seated at ringside, shall be licensed by the Commission.

       (g)  Physicians shall be paid a minimum of $100 per event by the promoter.

    CHAPTER 27.  AMATEUR KICKBOXING

    § 27.2.  Licensing and age requirements.

       (a)  Amateur contestants and amateur officials need not be licensed.

       (b)  A person between 12 and 17 years of age may participate in amateur contests or exhibitions after obtaining written permission from a parent or legal guardian, and the consent of the Executive Director.

       (c)  A person 12 to 16 years of age may only participate in these contests with a person not more than 1 year older.

       (d)  The limitations in subsections (a) and (b) do not apply to sanctioned events for the Junior Olympics under the direction of a National governing organization certified by the Commission.

       (1)  For the purposes of the Junior Olympic events, participants, with the written permission of a parent or legal guardian, may box only in the following age divisions:

       (i)  Ten and eleven years of age.

       (ii)  Twelve and thirteen years of age.

       (iii)  Fourteen and fifteen years of age.

       (2)  A participant may not take part in any event outside of the approved division for that age group.

    § 27.3.  Conduct of contests.

       (a)  Amateur contestants shall wear headgear and appropriate shin protectors.

       (b)  Each amateur contestant shall execute a minimum of six kicking techniques during the course of each round.

       (c)  Amateur contests shall consist of a maximum of three 2-minute rounds unless approved in advance by the Commission.

    Subpart C.  WRESTLING

    CHAPTER 31.  PROFESSIONAL WRESTLING

    §§ 31.1--31.14.  (Reserved).

    § 31.21.  Conduct of contests.

       (a)  Before a professional wrestling contest or exhibition can take place the following requirements shall be met:

       (1)  A physician shall be present at all times and seated at ringside to observe the physical condition of all participants. The physician's fee shall be paid by the promoter of the event.

       (2)  An ambulance or paramedical unit shall be present at the event unless the ambulance or paramedical unit is located within 5 miles of the arena and these units have been notified, by the promoter, that an event is taking place.

       (3)  Adequate security shall be employed to control the public. The size of the security force is at the discretion of the promoter and the owner or operator of the arena.

       (b)  The following represent prohibited acts:

       (1)  The owner or operator of an arena where a professional wrestling event takes place may not destroy a ticket or ticket stub until 3 months after the date of the event.

       (2)  Wrestlers may not deliberately cut or otherwise mutilate themselves.

    § 31.22.  Promoters.

       (a)  Promoters of professional wrestling events shall be licensed by the Commission prior to promoting any type of wrestling contest or exhibition. Licenses expire on December 31 of the year of issue. The Commission will not issue or renew a promoter's license to a person who has been convicted, pleaded guilty or nolo contendere to an offense in section 2101 of the Athletic Code (relating to promoter's license), during the 10 years preceding the application date.

       (b)  Promoters shall file with the Commission a bond of at least $10,000 prior to promoting or advertising any type of wrestling contest or exhibition. Bonds shall be on forms supplied by the Commission and shall be accompanied by a filing fee of $25.

       (c)  At least 10 days before the date of a wrestling contest or exhibition, the promoter shall notify the Commission, in writing, of the date, time and location of the event.

       (d)  Upon conviction of a promoter for a violation of Chapter 21 of the Athletic Code (relating to regulation of professional wrestling contests and exhibitions), the Commission will suspend the promoter's license in accordance with the Athletic Code.

       (e)  A promoter may not employ as a participant in a wrestling contest or exhibition an individual under 18 years of age.

    § 31.23.  Enforcement.

       The Executive Director may send an inspector to any professional wrestling event or exhibition to be admitted by the promoter without fee to ensure compliance with this subpart and Subpart C of the Athletic Code (relating to Wrestling Act). The promoter shall pay a fee of $100 to the Commission within 10 days after the event for each wrestling event to which an inspector is sent.

    § 31.24.  Gross receipts taxes.

       (a)  Every promoter shall pay a tax of 5% on the face value of all tickets sold to any wrestling contest or exhibition.

       (b)  This tax shall be paid within 10 days after the event and shall be accompanied by a gross receipts tax form, prescribed by the Commission, setting forth all taxable receipts received from the event and any other information the Commission may require. Payment not received by the Commission within the 10-day period shall be subject to a late fee of $100.

    CHAPTER 33.  (Reserved)

    §§ 33.1--33.12.  (Reserved).

    [Pa.B. Doc. No. 02-889. Filed for public inspection May 17, 2002, 9:00 a.m.]