DAR File No. 29014

Commerce, Administration

R151-33-403

Additional Procedures for Immediate License Suspension

NOTICE OF PROPOSED RULE

DAR File No.: 29014
Filed: 09/11/2006, 04:01
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2005 General Session, the Utah Legislature expanded the authority of the Pete Suazo Utah Athletic Commission (Commission) with respect to immediate suspensions, S.B. 149. The statutory change allowed the Commission, under certain circumstances, to immediately suspend the license of any licensee. This change makes the rule consistent with the statute. (DAR NOTE: S.B. 149 (2005) is found at Chapter 104, Laws of Utah 2005, and was effective 05/02/2005.)

Summary of the rule or change:

This change expands the provisions related to immediate suspension of a license. Existing rules apply only to the immediate suspension of a contestant's license. The change applies the provisions to any licensee.

State statutory or constitutional authorization for this rule:

Subsection 13-33-303(7)(b)

Anticipated cost or savings to:

the state budget:

None--This change could potentially result in an increased number of administrative proceedings before the Commission to contest an immediate suspension, but it is anticipated that the number will be minimal.

local governments:

None--Local governments do not participate in the administration or enforcement of this rule, and should not be affected by license suspensions.

other persons:

There will be no cost or savings to any law-abiding individual. A licensee who is not a contestant may now face an immediate suspension for certain law violations, but the financial impact of an immediate suspension as opposed to a regular suspension is impossible to quantify. However, any financial impact is the result of the 2005 statutory change, not this rule change.

Compliance costs for affected persons:

There will be no cost or savings to any law-abiding individual. A licensee who is not a contestant may now face an immediate suspension for certain law violations, but the financial impact of an immediate suspension as opposed to a regular suspension is impossible to quantify. However, any financial impact is the result of the 2005 statutory change, not this rule change.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change will have no fiscal impact to businesses other than that anticipated by the Legislature in connection with the 2005 statutory change. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Masuda Medcalf at the above address, by phone at 801-530-7663, by FAX at 801-530-6446, or by Internet E-mail at mmedcalf@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/31/2006

This rule may become effective on:

11/08/2006

Authorized by:

Francine Giani, Executive Director

R151. Commerce, Administration.

R151-33. Pete Suazo Utah Athletic Commission Act Rule.

R151-33-403. Additional Procedures for Immediate License Suspension.

(1) In accordance with Subsection 13-33-303([6]7), the designated Commission member may issue an order immediately suspending the license of a [contestant]licensee upon a finding that the [contestant]licensee presents an immediate and significant danger to the [contestant]licensee, other [contestants]licensees, or the public.

(2) The suspension shall be at such time and for such period as the Commission believes is necessary to protect the health, safety, and welfare of the [contestant]licensee, other [contestants]licensees, or the public.

(3) A [contestant]licensee whose license has been immediately suspended may, within 30 days after the decision of the designated Commission member, challenge the suspension by submitting a written request for a hearing. The Commission shall convene the hearing as soon as is reasonably practical but not later than 20 days from the receipt of the written request, unless the Commission and the party requesting the hearing agree to conduct the hearing at a later date.

 

KEY: licensing, boxing, contests

Date of Enactment or Last Substantive Amendment: [September 15, 2004]2006

Notice of Continuation: August 2, 2002

Authorizing, and Implemented or Interpreted Law: 13-33-101 et seq.