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Athletic Commission REGULATORY AGENCY ACTION tion, and provide for penalties. The Com- each contest to preclude mismatches. receipt of benefits by those who are eligi- mittee proposed that candidates be asked Commission inspectors attend all profes- ble for them. Another proposal was sub- to acknowledge these sections by signing sional boxing contests. mitted to the Commission by attorney an affidavit stating that they have read and The Commission's goals are to ensure Kevin Long, the Commission's consultant understand the consequences of discuss- the health, safety, and welfare of boxers, on pension plan issues; Long's proposal in- ing the exam with others. DCA legal coun- and the integrity of the sport of boxing in corporates many of Professor Fellmeth's sel Don Chang advised that candidates the interest of the general public and the recommendations. Additionally, Long's may not be legally required to sign an participating athletes. proposal would convert the defined benefits affidavit of this type in order to take the plan to a defined contribution plan; also, oral examination. After discussion, the U MAJOR PROJECTS there would only be one assessment on the Board decided not to distribute to oral Pension Plan Update. The Commis- boxer's purse and the disability payments examination candidates an affidavit to sion is continuing its efforts to revise var- would be converted to a disability retire- sign, but agreed instead to provide copies ious aspects of its Professional Boxers' ment type of plan. of the relevant Code provisions in each Pension Plan. On July 11, the Office of At the Commission's July 15 meeting, candidate's information package sent in Administrative Law (OAL) approved the Commissioner Kim Welshons reported advance of the oral examination. Commission's amendments to section that the Pension Plan Review Committee Also at its September 9 meeting, BAE 401, Title 4 of the CCR, which sets forth was in the process of reviewing and merg- discussed a suggestion to hold elections pension fund contribution requirements ing the two proposals, and had scheduled for new Board officers prior to the end of and specifies a schedule of contributions a September 5 meeting with Professor the calendar year so that each new Board to finance the pension plan to be paid by Fellmeth, Kevin Long, and top officials of officer can serve for a full year term. At professional boxers, managers, and pro- the Department of Consumer Affairs to this writing, elections are tentatively moters. These amendments specify that hammer out an agreement. When that pro- scheduled to be held at Board's December (1) the manager's contributions shall not cess is complete, the Committee is ex- 12 meeting in San Francisco. be assessed for the boxer's first and sec- pected to present a formal reform proposal ond bouts in a calendar year; (2) a profes- at a future Commission meeting. * FUTURE MEETINGS sional boxer's contribution shall not be Commission to Update Numerous October 17-18 in Newport Beach. assessed until after the boxer's first and Regulations. At the Commission's July December 12 in San Francisco. second bouts in a calendar year and after 15 meeting, Executive Officer Richard the boxer's total purses in a calendar year DeCuir reported that staff was in the pro- exceed $1,500 less the manager's share; cess of reviewing all of the Commission's (3) a promoter's contribution shall be regulations in Title 4 of the CCR, and ATHLETIC COMMISSION capped at $1,000 per event; and (4) all drafting proposed changes as necessary to Executive Officer: contributions shall be deposited in and reflect changes in law and practice. On Richard DeCuir credited to the Boxers' Pension Account. September 2, Assistant Executive Officer (916) 263-2195 [14:2&3 CRLR 38-39; 14:1 CRLR 32-33] Rob Lynch circulated a draft of those Despite these recent changes, however, changes to all interested parties for their T he Athletic Commission is empowered the Commission has agreed that more review and comment. Among other things, to regulate amateur and professional comprehensive reforms to its pension the draft changes would: boxing and contact karate under the Boxing fund program are warranted. Prompting - amend section 216 to require boxers Act, Business and Professions Code section this reform movement is Center for Public and managers licensed in other jurisdic- 18600 et seq. The Commission's regulations Interest Law Director Robert C. Fellmeth, tions, before signing a contract with a are found in Division 2, Title 4 of the Cali- who chaired the Athletic Commission at promoter to box in this state, to have made fornia Code of Regulations (CCR). The the time the pension plan was established, application for a license with the Commis- Commission consists of eight members each and who has submitted a proposal which sion; serving four-year terms. All eight members revises many aspects of the pension plan. - repeal section 223, which provides are "public" as opposed to industry repre- Among other things, Professor Fellmeth's that managers shall not have more than sentatives. The current Commission mem- proposal would establish a sliding scale to three boxers under their management in bers are Willie Buchanon, William Eastman, determine promoter contributions; cap any one show without written permission H. Andrew Kim, Jerry Nathanson, Carlos promoter contributions at $10,000 per from the Commission; Palomino, Kim Welshons, and Robert Wil- event; provide that boxers would not con- - repeal section 214, which provides son. The term of Ara Hairabedian recently tribute at all to the pension plan until they that no referee, timekeeper, or match- expired and no replacement has been named "vest" (have enough rounds and years to maker may perform any services for or on at this writing. receive benefits); allow the Commission behalf of any club unless licensed by the The Commission has sweeping powers to approve early withdrawal of a boxer's Commission; to license and discipline those within its own contributions for the limited purpose - amend its vision requirements in sec- jurisdiction. The Commission licenses of vocational training, education, or ap- tion 282 to provide that the Commission promoters, booking agents, matchmakers, prenticeship; require the last Califomia-li- may deny, suspend, revoke, or place re- referees, judges, managers, boxers, and censed manager of a boxer to exercise due strictions on the license of a professional martial arts competitors. The Commission diligence in maintaining contact with that or amateur boxer if it determines that the places primary emphasis on boxing, where boxer; and authorize the Commission to applicant or licensee cannot safely engage regulation extends beyond licensing and in- use up to 20% of the pension fund's annual in boxing activities because of a visual cludes the establishment of equipment, receipts for the monitoring and tracking of condition, including but not limited to un- weight, and medical requirements. Fur- potentially eligible boxers and for fund corrected visual acuity of less than 20/200 ther, the Commission's power to regulate education, outreach, and administrative in either eye or 20/60 with both eyes; a boxing extends to the separate approval of costs directly related thereto, to ensure the visual field of 60 degrees or less extending California Regulatory Law Reporter , Vol. 14, No. 4 (Fall 1994) 3 UREGULATORY AGENCY ACTION over one or more quadrants of the visual Commission's Martial Arts Advisory Com- weight shall be given to executed punches field; the presence of glaucoma, whether mittee, OAL has approved the Commis- and kicks, and that on close or evenly or not such condition has been treated; the sion's adoption of new regulations concern- scored rounds, greater weight shall be presence of aphakia or dislocated lens in ing full-contact martial arts and kickboxing, given to the fighter with the most effective either eye; or any other visual condition both professional and amateur. [14:1 CRLR kicks; provide that referees and judges which the Commission determines would 33; 13:4 CRLR 34] shall score all contests and determine the prevent the applicant or licensee from On August 2, OAL approved new Chap- winner through the use of the ten-point safely engaging in boxing activities; ter 4, Title 4 of the CCR (consisting of system, in which the winner of each round , amend section 294 to provide that sections 700, 702, 705, 710, 711, 720, and receives ten points and the opponent a current language requiring all clubs to set 723), which establishes rules governing am- proportionately less number, each fighter aside an emergency room on their prem- ateur full-contact martial arts and kickbox- receives ten points if the round is even, ises is not applicable if paramedics are ing. [14:2&3 CRLR 39-40] Among other and no fraction of points may be given; present during the event; things, these changes provide that any con- require each contestant to execute a mini- * amend section 322 to provide that testant who has participated in three or fewer mum of five kicks during the course of twelve-ounce gloves or more may be ap- full-contact martial arts or kickboxing con- each round-if either fighter does not ex- proved by the Commission or its designee tests approved by the Commission may be ecute his/her minimum kicks, he/she may on a special request basis, and that when in the novice class, and any contestant who receive a warning or point deduction at the two contestants differ in weight classes, as has participated in more than three full-con-
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