This statement of scope was approved by the governor on March 6, 2013.
Rule No.
Relating to
Hearings, injunctions, and warnings.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
NA.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule is to address an outdated process and fix typographical errors.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Sections
SPS 1.08 (2) and
2.10 (1) currently provide for the designation of the presiding officer to be employed by the Department unless the credentialing authority designates otherwise. These sections also indicate the administrative law judge shall be an attorney in the department designated by department general counsel, an employee borrowed from another agency or a person employed as a special project or limited term employee. The Department of Safety and Professional Services no longer has designated administrative law judges within the Department and contracts with Department of Administration, Division of Hearing and Appeals to preside over hearings. The proposed policy is to have the presiding officer of Class 1 and Class 2 hearings be an administrative law judge employed by the Department of Administration.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
440.03(1), Wis. Stats. The department may promulgate rules defining uniform procedures to be used by the department, the real estate appraisers board, and all examining boards and affiliated credentialing boards, attached to the department or an examining board, for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.
Section
440.205, Wis. Stats. The department shall promulgate rules establishing uniform procedures for the issuance and use of administrative warnings.
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
20 hours
List with Description of all Entities that may be Affected by the Proposed Rule
Credential holders.
Summary and Preliminary Comparison with any Existing or proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
None.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None.
Contact Person
Sharon Henes, (608) 261-2377.
Safety and Professional Services
Professional Services, Chs.
SPS 1—299
This statement of scope was approved by the governor on February 18, 2013.
Rule No.
Relating to
Mixed martial arts, amateur boxing, and professional boxing.
Rule Type
Permanent.
Finding/Nature of Emergency (Emergency Rule Only)
Not applicable.
Detailed Description of the Objective of the Proposed Rule
The objective of the proposed rule changes is to clarify inconsistencies, delete any unnecessary requirements, add any missing requirements, and improve various administrative elements — primarily for mixed martial arts fighting contests — and to repeal all the rules for amateur boxing. However, some of the improvements that the Department expects to develop for mixed martial arts may be similarly helpful for the Department's requirements for professional boxing. In addition, these rule changes may include combining the current requirements for mixed martial arts fighting contests and for professional boxing contests into fewer and simpler chapters than are currently used. Consequently, the objectives of this rulemaking may be incorporated into more than one rulemaking project.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
The existing policies for mixed martial arts fighting contests, and the corresponding rules in chapters SPS 192 to 196, have been in place only since April 2011 – and were developed and implemented very quickly in response to requirements and corresponding deadlines in
2009 Wisconsin Act 111. Although the rules in these chapters established a workable initial framework for this new program, experience in the program since its onset has identified several inconsistencies and unnecessary requirements in these rules, several missing requirements, and several potential improvements for the administrative elements, which should be helpful to the various stakeholders.
The existing rules for amateur boxing, in chapters SPS 100 to 105, have been irrelevant since enactment of
2003 Wisconsin Act 285, which (1) reduced the Department's role in boxing to addressing only professional boxing and (2) required amateur boxing contests to instead be sanctioned by and conducted under the rules of the national governing body for amateur boxing that is recognized by the U.S. Olympic Committee under
36 USC 220521.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2) (a) of the Statutes authorizes the Department to “promulgate rules interpreting the provisions of any statute enforced or administered" by the Department.
Section
440.03 (1) authorizes the Department to “promulgate rules defining uniform rules to be used by the department . . . for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings."
Section
440.03 (7m) authorizes the Department to “promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission."
Section
444.02 (2) authorizes the Department to “issue, and for cause limit, suspend, or revoke, a license to conduct professional contests or amateur mixed martial arts fighting contests to any promoter or incorporated club formed as provided in [the] chapter" and to “reprimand a promoter or club for violating this chapter or any rule of the department."
Under section 444.035, the Department must “by rule require a promoter or club conducting a professional contest or amateur mixed martial arts fighting contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter's or club's expenses in conducting the contest, including payments to contestants and to the department."
Section
444.04 authorizes the Department to “limit, suspend, revoke, or assess a forfeiture to the promoter or club" for failure to furnish an accurate written report to the Department after a fighting contest, showing the number of tickets sold, the amount of the gross proceeds, and all other information the Department requires by rule to be included in the report.
Section
444.06 requires the Department to “appoint official inspectors" for mixed martial arts fighting contests and states that “at least one inspector shall be present at all professional contests and all amateur mixed martial arts fighting contests and see that the rules are strictly observed," and authorizes the Department to require a promoter or club to pay for inspectors.
Section
444.095 (3) requires the Department to “promulgate rules that establish all of the following with respect to mixed martial arts fighting contests: (a) Qualifications and fees for licensure of referees and judges for mixed martial arts fighting contests. (b) Requirements for regular health examinations of mixed martial arts fighting contestants, including all of the following: 1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists. 2. Annual screening for HIV, hepatitis B, and hepatitis C. 3. For female contestants, pregnancy tests before contests. (c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants."
Section
444.095 (4) requires conducting mixed martial arts fighting contests “under the Association of Boxing Commissions' uniform rules of mixed martial arts," and the Department consequently includes these rules in chapter SPS 195.
Section
444.11 authorizes the Department to “grant licenses . . . to matchmakers, managers, referees . . . mixed martial arts fighters, seconds, and trainers in professional contests and amateur mixed martial arts fighting contests."
Section
444.19 authorizes the Department to "by rule adjust the fees under [the] chapter to account for changes in the department's costs in administering and enforcing [the] chapter."
Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
The Department estimates approximately 400 hours will be needed to perform the review and develop the needed rule changes. This time includes meeting with stakeholders, drafting the rule changes and processing the changes through public hearings, legislative review, and adoption. The Department will assign existing staff to perform the review and develop the rule changes, and no other resources will be needed.
List with Description of all Entities that may be Affected by the Proposed Rule
Entities engaged in promoting and conducting mixed martial arts contests, such as promoters, clubs, matchmakers, contestants, judges, referees, ringside physicians, seconds, inspectors and timekeepers.
Summary and Preliminary Comparison with any Existing or proposed Federal Regulation that Is Intended to Address the Activities to be Regulated by the Proposed Rule
Chapter
89 of Title 15 of the United States Code regulates the safety of professional boxing. Under the definition of “mixed martial arts" in chapter SPS 192 and the definition of “mixed martial arts fighting" in chapter 444 of the Statutes, techniques from boxing are allowed in mixed martial arts fighting – including “striking an opponent's head with the intent to cause unconsciousness or inflict damage." Consequently, some of the requirements in
15 USC chapter 89 may bear at least indirectly on the mixed martial arts fighting that is addressed by chapters SPS 192 to 196, such as the requirement in
15 USC 6305 for contestants to register with a state boxing commission and obtain a nationwide personal identification number from an entity certified by the Association of Boxing Commissions. This rule project may include codifying the Department's current requirement that mixed martial arts contestants obtain a nationwide mixed martial arts personal identification number prior to participating in a fighting contest.
Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
None to minimal.
Contact Person
Sam Rockweiler, at P.O. Box 8935, Madison, WI 53708-8935; or at
sam.rockweiler@wi.gov; or at telephone (608) 266-0797 or Contact Through Relay.
