RL 112.08 (2) Seconds shall submit first aid kits and corner equipment to the ringside physician for inspection and approval before a show. Kits and equipment may not include stimulants.
SECTION 64. Chapter RL 113 (title) is amended to read:
Chapter RL 113
CONDUCTING A PROFESSIONAL SHOW
SECTION 65. RL 113.005 is created to read:
RL 113.005 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 444.02, 444.09 and 444.10, Stats.
SECTION 66. RL 113.04 (1) is renumbered s. RL 113.04 and amended to read:
RL 113.04 Weight limitations. No boxer may participate in a show where the weigh-in weight difference of the boxers exceeds the allowance shown in the schedule below. When approving pairings between boxers and applying these allowances, the department shall first determine which boxer weighs less than the other. The maximum allowable weight difference shall be that which relates to the category in which the lower weight boxer falls.
Weight   Allowance
135 lbs. or under......................not more than 6 lbs.
136-175 lbs..............................not more than 10 lbs.
176-190 lbs..............................not more than 15 lbs.
191 lbs. or over........................no limit
SECTION 67. Chapter RL 114 (title) is amended to read:
Chapter RL 114
CONDUCTING A PROFESSIONAL BOUT
SECTION 68. RL 114.005 is created to read:
RL 114.005 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 444.02, 444.09 and 444.12, Stats.
SECTION 69. RL 114.03 is repealed and recreated to read:
RL 114.03 Low blows. (1) A referee may penalize any boxer who deliberately fouls an opponent during a contest with a loss of points and round. If the referee determines that a low blow foul was deliberate and that it severely impairs the boxer who was fouled, the referee may award a bout to a boxer who received a low blow foul. The boxer responsible for the low blow foul shall be disqualified.
(2) In the case of a low blow foul when the referee does not determine that the boxer responsible for the low blow foul should be disqualified, the referee shall determine whether the boxer who has been fouled is able to continue. If the boxer's chances have not been seriously jeopardized as a result of the foul, the referee may order the bout to continue after an interval of not more than 5 minutes. If the boxer who was fouled refuses to box, the referee shall declare that boxer to be the loser of the bout.
SECTION 70. RL 114.04 (2) and (5) are amended to read:
RL 114.04 (2) Hits or blows with the head, shoulder, forearm, elbow, knee, or foot; throttling of the opponent; pressing with arm or elbow in an opponent's face; or pressing the head of the opponent back over the ropes.
(5) 360-degree A blow which is delivered during or at the end of a 360-degree pivot blows.
SECTION 71. RL 114.04 (12) and (13) are repealed.
SECTION 72. RL 114.05 (5) is amended to read:
RL 114.05 (5) CONTINUED COUNT. If a boxer is down as the result of a blow and the bout is continued after the count of 8 has been reached, but the boxer immediately falls again without having received a fresh blow, the referee shall continue the counting from the count of 8.
SECTION 73. RL 114.06 (2) (d) is amended to read:
RL 114.06 (2) (d) Before resuming boxing after any of the periods of rest prescribed in the pars. (a) to (c) , a boxer shall be given a special examination including by a qualified physician which includes an electroencephalogram (EEG) or, a computerized axial tomography (CAT) scan by a qualified physician and certified , a magnetic resonance imaging scan (MRI), or any other scan which a physician believes is as reliable or more reliable than an EEG or a CAT scan for determining the presence of drain damage. The special examination shall include a certification by the examining physician as that the boxer is fit to take part in competitive boxing.
SECTION 74. RL 115.005 is created to read:
RL 115.005 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 444.02 and 444.11, Stats.
SECTION 75. RL 115.01 (1) (b) is amended to read:
RL 115.01 (1) (b) Be physically and mentally fit to engage capable of engaging in professional boxing competition based on the information included in the application and other reliable information; and,.
SECTION 76. RL 115.01 (1) (c) is repealed.
SECTION 77. RL 115.02 (6) is repealed.
SECTION 78. Chapter RL 116 (title) is amended to read:
Chapter RL 116
CAUSE FOR DISCIPLINE OF A PROFESSIONAL
CLUB AND OTHER PERSONS
SECTION 79. RL 116.005 is created to read:
RL 116.005 Authority. The rules in this chapter are adopted pursuant to ss. 227.11 (2), 444.02 and 444.14, Stats.
SECTION 80. RL 116.01 (1) (d), (2) and (3) (g) are amended to read:
RL 116.01 (1) (d) Misrepresents material facts relating to a show such as including, but not limited to, the identity or record of a contestant boxer.
(2) No employe, officer or member of a club whose license has been suspended or revoked may participate in any boxing show or enter the dressing room or press row of any licensed club during any show.
(3) (g) Is impaired by mental or emotional disorder, not capable of engaging in professional competition due to the use of drugs or alcohol.
Fiscal Estimate
1. The anticipated fiscal effect on the fiscal liability and revenues of any local unit of government of the proposed rule is: $0.00.
2. The projected anticipated state fiscal effect during the current biennium of the proposed rule is: $0.00.
3. The projected net annualized fiscal impact on state funds of the proposed rule is: $0.00.
Initial Regulatory Flexibility Analysis
These proposed rules will be reviewed by the Department through its Small Business Review Advisory Committee to determine whether there will be an economic impact on a substantial number of small businesses, as defined in s. 227.114 (1) (a), Stats.
Copies of Rule and Contact Person
Copies of this proposed rule are available without cost upon request to:
Pamela Haack, (608) 266-0495
Office of Administrative Rules
Dept. of Regulation & Licensing
1400 East Washington Ave., Room 171
P.O. Box 8935
Madison, WI 53708
Notice of Hearing
Workforce Development
Notice is given that pursuant to s. 103.005 (1), Stats., the Department of Workforce Development proposes to hold a public hearing to consider the repeal, recreation, amendment, renumbering, and creation of rules under ch. DWD 290, Wis. Adm. Code, relating to prevailing wage rates for state or local public works projects.
Hearing Information
March 31, 1997   Madison, WI
Monday   Room 400X
9:30 a.m.   201 E. Washington Ave.
A copy of the rules to be considered may be obtained from the State Department of Workforce Development, Division of Equal Rights, 201 East Washington Avenue P.O. Box 8928, Madison, Wisconsin 53708, by calling (608) 266-7560 or at the appointed time and place the hearing is held.
Interested persons are invited to appear at the hearing and will be afforded the opportunity of making an oral presentation of their positions. Persons making oral presentations are requested to submit their facts, view and suggested rewording in writing. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings may be submitted no later than April 7, 1997. for inclusion in the summary of public comments submitted to the Legislature. Any such comments should be submitted to James L. Stelsel at the address noted above. Written comments will be given the same consideration as testimony presented at the hearings. Persons submitting comments will not receive individual responses.
These hearings are held in accessible facilities. If you have special needs or circumstances which may make communication or accessibility difficult at the hearing, please call (608) 266-7560 or Telecommunication Device for the Deaf (TDD) at (608) 264-8752 at least 10 days prior to the hearing date. Accommodations such as interpreters. English translators or materials in audio tape format will, to the fullest extent possible, be made available on request by a person with a disability.
Analysis
Authority for rule: ss. 103.005(1), in conjunction with ss.66.293, 103.49 and 103.50
Statutes interpreted: ss: 66.293, 103.49 and 103.50
Introduction. 1995 Wis. Act 215 made a number of major changes to the laws which require the Department of Workforce Development to determine prevailing wage rates for state and local public works projects. In place of case-by-case investigations, the department is required to conduct an annual survey of employers and issue prevailing wage rate determinations for all trades or occupations in all areas of the state throughout the year based on the survey data. The statutes also provide that members of the public, employers, local governmental units and state agencies may ask the DWD to review prevailing wage rate determinations under a number of specified circumstances. This rule establishes deadline and appeal criteria for the process that will be used to compile the annual survey results and consider requests for review, and makes further code changes as explained below.
Annual survey. The rule establishes procedures for the annual survey of wage rate information that is now required by statute. The department will set a deadline date for the return of survey information and will not compile responses that are late. Determinations will be made for each “area,” which is defined by statute as a county, or (if there is insufficient data) a county with its surrounding contiguous counties, or (if there is still insufficient data) that territory included with the next tier of contiguous counties, or (if there is still insufficient data) the entire state. The department may include in its determinations future prevailing wage rates if a collectively bargained wage rate and fringe benefit package is found to prevail in a particular area for a particular trade or occupation and future rates are provided for by the agreement or its successor. if the wage rate data from all available sources is insufficient, the department may consider wage rate data for a similar trade or occupation in making its determinations.
Recalculation requests. Within 30 days after the department issues its initial determinations, any person may request a recalculation of any portion of a particular determination. In future years, a recalculation request will not be granted for the consideration of data that was not submitted on time. However, for the 1996 survey only, the department will accept recalculation requests on this basis.
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