DAR File No. 31029

Sports Authority (Utah), Pete Suazo Utah Athletic Commission

R859-1-302

Renewal Cycle - Procedure

NOTICE OF PROPOSED RULE

DAR File No.: 31029
Filed: 02/27/2008, 05:05
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

Under the current rule, all unarmed combat licenses expire on December 31 of each subsequent even-calendar year. Late fees are also collected for late renewals that are nearly the cost of a new license. Since all licenses expire at the same time and renewal notices are sent out to all active licensees, the administrative burden is very high at the end of an even calendar year.

Summary of the rule or change:

When unarmed combat licenses are issued, they will be valid for a full year, rather than expiring on December 31 of the even calendar year. This will minimize the administrative burden of reissuing all licenses at the beginning of every other calendar year.

State statutory or constitutional authorization for this rule:

Title 66C, Chapter 11

Anticipated cost or savings to:

the state budget:

Revenue will be reduced by $2 for contestant, second, manager, and officials licenses. Licenses will valid for one year after issuance, rather than until December 31 of the even calendar year after issuance. There would be a net fee increase of $23 per each licensed renewed for a second year in odd-calender years. The net impact would depend on the number of licenses issued only once and the number of licenses subsequently reissued. There will also be no need to collect late renewal fees which are currently assessed at $20. The total anticipated positive or negative cost impact for all licensees would be less than $5,000. Since licenses won't expire concurrently, additional staff or overtime will not be required to process all the concurrent license renewals. This should result in some cost savings.

local governments:

None--Local government does not license or sanction unarmed combat events, contestants, and officials. This is a state responsibility through the Pete Suazo Utah Athletic Commission (PSUAC).

small businesses and persons other than businesses:

None--Small businesses and persons other than businesses do not license or sanction unarmed combat events, contestants and officials. This is a state responsibility through the PSUAC.

Compliance costs for affected persons:

The contestant, second, referee, manager, judge, and referee license fee will be reduced by $2 per license. Licenses will valid for one year after issuance, rather than until December 31 of the even calendar year after issuance. There would be a net increase of $23 for licensees renewing their license for a second year. However, there will be no late fees assessed after a license period expires. Promoters licensing for a second year will pay an additional $100 license fee. However, late renewal penalties will no longer be assessed.

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

Anticipating a fiscal impact on business is difficult, inasmuch as knowing before hand how many promoters and contestants will be applying for new or renewed licenses difficult. However, changing the license term to one year simplifies the administrative details for the PSUAC and, arguably, simplifies the process for promoters and contestants. Alan Dayton, Chair, Pete Suazo Utah Athletic Commission (PSUAC)

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

Sports Authority (Utah)
Pete Suazo Utah Athletic Commission
324 S STATE ST
STE 500
SALT LAKE CITY UT 84111

Direct questions regarding this rule to:

Bill Colbert at the above address, by phone at 801-538-8876, by FAX at 801-538-8888, or by Internet E-mail at bcolbert@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:

04/15/2008

Interested persons may attend a public hearing regarding this rule:

3/21/2008 at 1:00 PM, PSUAC, 324 S State ST, STE 500, Salt Lake City, UT

This rule may become effective on:

05/01/2008

Authorized by:

Bill Colbert, Secretary, PSUAC

R859. Sports Authority (Utah), Pete Suazo Utah Athletic Commission.

R859-1. Pete Suazo Utah Athletic Commission Act Rule.

R859-1-302. Licensing[Renewal Cycle]- Procedure.

[(1) ]In accordance with the authority granted in Section 63C-11-309, the [renewal]expiration date for licenses issued by the Commission shall be [December 31st of even-numbered years]one year from the date of issuance.[

(2) Expiration of licensure due to failure to renew in accordance with this Section is not an adjudicative proceeding under Title 63, Chapter 46b, Administrative Procedures Act.

(3)(a) The Commission shall notify each licensee that the licensee's license is due for renewal and that unless an application for renewal is received by the Commission by the expiration date shown on the license, together with the appropriate renewal fee and documentation showing completion of or compliance with renewal qualifications, the license will not be renewed.

(b) The application procedures and requirements specified in Section 63C-11-308 apply to renewals.

(4)(a) A renewed license shall be issued to applicants who submit a complete application, unless it is apparent to the Commission that the applicant no longer meets the qualifications for continued licensure.

(b) The Commission may evaluate or verify documentation showing completion of or compliance with renewal requirements. If necessary, the Commission may complete its evaluation or verification subsequent to renewal and, if appropriate, pursue action to suspend or revoke the license of a licensee who no longer meets the qualifications for continued licensure.

(5) Any license that is not renewed may be reinstated at any time within two years after nonrenewal upon submission of an application for reinstatement, payment of the renewal fee together with the reinstatement fee determined by the Department under Section 63-38-3.2, and upon submission of documentation showing completion of or compliance with renewal qualifications.

(6) If not reinstated within two years, the holder may obtain a license only if he meets the requirements for a new license.]

 

KEY: licensing, boxing, unarmed combat[contests], white-collar contests

Date of Enactment or Last Substantive Amendment: [November 8, 2006]2008

Notice of Continuation: May 10, 2007

Authorizing, and Implemented or Interpreted Law: 63C-11-101 et seq.