February 17, 2011, Introduced by Reps. Agema, Hooker, Pettalia, Rendon, Bumstead, Huuki, Tyler, Forlini, Glardon, Zorn, Foster, LeBlanc, Meadows, Potvin, Santana and Womack and referred to the Committee on Regulatory Reform.
A bill to regulate amateur mixed martial arts; to create
certain commissions and provide certain powers and duties for
certain state agencies and departments; to license and regulate
certain persons engaged in, and connected to, the business of
amateur mixed martial arts and certain persons conducting certain
contests and exhibitions; to confer immunity under certain
circumstances; to provide for the conducting of certain tests; to
assess certain fees and fines; to create certain funds; to
promulgate rules; and to provide for penalties and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"amateur mixed martial arts regulatory act".
CHAPTER 1
Sec. 10. As used in this act:
(a) "Amateur" means an individual mixed martial artist who is
not competing and has never competed in a mixed martial arts
contest for a money prize or who is not competing and has never
competed with or against a professional in a mixed martial art
contest for a prize.
(b) "Brazilian ju-jitsu", also known as "Gracie ju-jitsu",
means a martial art developed in Brazil by the Gracie family during
the mid-twentieth century with a major emphasis on ground fighting
and grappling.
(c) "Choke" means a submission technique that restricts blood
flow in the carotid arteries, resulting in a competitor's either
tapping out or losing consciousness. Some of the most frequently
employed chokes are the guillotine choke, rear-naked choke, leg
triangle choke, and arm triangle choke.
(d) "Commission" means the amateur mixed martial arts
commission created in section 21.
(e) "Complainant" means a person who has filed a complaint
with the department alleging that a person has violated this act or
a rule promulgated or order issued under this act.
(f) "Contestant" means an individual who competes in an
amateur mixed martial arts contest or performs or demonstrates
mixed martial arts in an amateur mixed martial arts exhibition.
(g) "Department" means the department of energy, labor, and
economic growth.
(h) "Director" means the director of the department.
(i) "Employee of the department" means an individual employed
by the department or a person under contract to the commission
whose duty it is to enforce the provisions of this act or rules
promulgated or orders issued under this act.
(j) "Fish-hooking" means the action of hooking or grasping and
pulling the inside of an opponent's cheek so as to control his or
her head movement.
(k) "Freestyle wrestling" means an Olympic grappling sport
that permits contestants to attack their opponent above and below
the waist.
(l) "Fund" means the amateur mixed martial arts fund created in
section 22.
(m) "Good moral character" means good moral character as
determined and defined under 1974 PA 381, MCL 338.41 to 338.47.
(n) "Grappling" means a technique of throwing, locking,
holding, and wrestling, as opposed to kicking and punching.
(o) "Greco-Roman wrestling" means an Olympic grappling sport
in which all holds are applied above the waist in an attempt to
throw the opponent.
(p) "Ground and pound" means a term that describes the barrage
of strikes delivered by the contestant who is in his or her
opponent's guard or in the mount position.
Sec. 11. As used in this act:
(a) "Hammer-fist" means a strike with the small finger side of
the fist, as if holding a hammer.
(b) "Ju-jitsu" means gentle art, a traditional Japanese self-
defense that includes kicking, striking, kneeing, throwing,
choking, and joint locks.
(c) "Judo" means the gentle way, a grappling art created by
Jigoro Kano, based on the techniques of ju-jitsu.
(d) "Kickboxing" means a striking sport that permits punches,
kicks, and knees.
(e) "Licensed professional promoter" means a person who holds
a current license as a promoter under the Michigan unarmed combat
regulatory act, 2004 PA 403, MCL 338.3601 to 338.3663.
(f) "Mixed martial arts" means a general term that describes
the convergence of techniques from a variety of combative sports
disciplines, including boxing, wrestling, judo, ju-jitsu,
kickboxing, and others. Mixed martial arts techniques include the
use of Brazilian ju-jitsu, chokes, freestyle wrestling, grappling,
pankration, Greco-Roman wrestling, shooting, ground and pound,
hammer-fist, judo, ju-jitsu, kickboxing, and muay Thai. Mixed
martial arts techniques do not include the use of fish-hooking and
spiking.
(g) "Muay Thai" means a pure striking art in which blows are
delivered with the hands, feet, knees, and elbows.
(h) "Pankration" means an ancient style of Greek wrestling and
boxing in which kicks, throws, and joint locks are used.
(i) "Participant" means a referee, judge, matchmaker, or
timekeeper, a contestant, or a manager or second of a contestant.
(j) "Physician" means that term as defined in section 17001 or
17501 of the public health code, 1978 PA 368, MCL 333.17001 and
333.17501.
(k) "Professional" means an individual who is competing or has
competed in the past in any professional sport for a money prize.
(l) "Promoter" means any person who produces or stages any
contest or exhibition of amateur mixed martial arts, but does not
include the venue where the exhibition or contest is being held
unless the venue contracts with the individual promoter to be a co-
promoter.
(m) "Respondent" means a person against whom a complaint has
been filed including a person who is or is required to be licensed
under this act.
(n) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(o) "School", "college", or "university" does not include an
institution formed or operated principally to provide instruction
in amateur mixed martial arts and other sports.
(p) "Shoot" means a wrestling technique in which a competitor
attempts to capture his or her opponent's legs and take him or her
off his or her feet.
(q) "Spike" or "spiking" means, after lifting and inverting an
opponent, attempting to slam him or her headfirst into the canvas.
(r) "Strikes" means a cumulative number of punches
administered by a contestant to his or her opponent.
CHAPTER 2
Sec. 20. This act does not apply to any of the following:
(a) Amateur wrestling.
(b) Amateur martial arts sports or activities held by a public
or private school.
(c) Contests or exhibitions conducted by or participated in
exclusively by an agency of the United States government or by a
school, college, or university, or an organization composed
exclusively of those entities, if each contestant is an amateur.
Sec. 21. (1) The amateur mixed martial arts commission is
created in the department. The commission shall consist of 7 voting
members appointed by the governor. The purpose of the commission is
to administer, enforce, and regulate a program of amateur mixed
martial arts.
(2) The commission is an independent and autonomous entity
within the department. The department shall control budgeting,
procurement, human resources, information technology, and related
management functions of the commission.
(3) The commission shall consist of the director, serving as a
nonvoting ex officio member of the commission, and 7 voting members
appointed by the governor with the advice and consent of the
senate, as follows:
(a) Four voting members who are licensees under this act.
However, subject to subsection (4), an initial member of the
commission who meets any of the following is considered a licensee
for purposes of this subdivision:
(i) Is certified or otherwise approved by a national
organization that certifies or otherwise approves individuals in
the amateur mixed martial arts.
(ii) Has actively engaged in amateur mixed martial arts or
taught in an educational institution that prepares applicants for
licensure, or a combination of both, for not less than the 2 years
immediately preceding his or her appointment.
(b) Three voting members who are members of and represent the
general public.
(4) Beginning 3 years after the effective date of this act, an
initial member of the commission described in subsection (3)(a)(i)
or (ii) is not considered a licensee for purposes of subsection
(3)(a) unless he or she has obtained a license under this act
within that period.
(5) The governor shall appoint the initial members of the
commission to serve for the following terms of office:
(a) Two of the members who are licensees and 1 of the members
representing the general public, 4 years.
(b) One of the members who is a licensee and 1 of the members
representing the general public, 3 years.
(c) One of the members who is a licensee and 1 of the members
representing the general public, 2 years.
(6) Except as provided in subsection (5), members of the
commission shall serve for a term of 4 years.
(7) Five members of the commission constitute a quorum for the
exercise of the authority of the commission. The agreement of at
least 4 of the members, or the agreement of a majority of those
members who have not participated in an investigation or
administrative hearing regarding a matter before the commission, is
necessary for a commission action or decision.
(8) While serving as a member of the commission, an individual
shall not promote or sponsor any contest or exhibition of amateur
mixed martial arts or have any financial interest in the promotion
or sponsorship of any contest or exhibition of amateur mixed
martial arts. However, this prohibition does not apply to a member
involved in a charity event promoting the sport or in an awards
event naming the best in sport.
(9) The commission shall meet at least 4 times per year and
shall in the discretion of the chair schedule additional interim
meetings.
(10) The records of the commission are subject to the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.
(11) Meetings of the commission are subject to the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
Sec. 22. (1) The commission shall elect 1 of its members as
the chair of the commission. The commission may have and use a
seal. The department may promulgate rules for the administration of
this act, but only after first consulting with the commission. The
commission may request the department to promulgate a rule under
section 38 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.238. Notwithstanding the time limit provided for in
section 38 of the administrative procedures act of 1969, 1969 PA
306, MCL 24.238, the department shall respond in writing to any
request for rule promulgation by the commission within 30 calendar
days after a request. The response shall include a reason and
explanation for acceptance or denial of the request.
(2) An amateur mixed martial arts fund is created as a
revolving fund in the state treasury. The director shall administer
the fund. The director shall use the money in the fund only for the
costs of enforcement of this act and for any costs associated with
the administration of this act, including, but not limited to,
reimbursing the department of attorney general for the reasonable
costs of services provided to the department under this act. Money
remaining in the fund at the end of the fiscal year and interest
earned shall be carried forward into the next fiscal year and shall
not revert to the general fund. The department shall deposit into
the fund all money received from license fees, regulatory and
enforcement fees, event fees, and administrative fines imposed
under this act and money received from any other source. The
department is the administrator of the fund for auditing purposes.
(3) Annually, the legislature shall fix the per diem
compensation of the members of the commission. The department shall
reimburse a commission member for travel or other expenses incurred
in the performance of an official function pursuant to the
standardized travel regulations of the department of technology,
management, and budget.
(4) The commission may affiliate with any other state or
national mixed martial arts commission or athletic authority. If
approved by the director, the commission may enter into any
appropriate reciprocity agreements with those commissions or
authorities.
(5) The commission and department are vested with supervision,
control, and jurisdiction over all amateur mixed martial arts
contests or exhibitions that are conducted, held, or given in this
state. Except for a contest or exhibition that is exempt from this
act, a person shall not conduct, hold, or give a contest or
exhibition in this state except in compliance with this act.
(6) In consultation with the commission, the director shall
promulgate the following rules:
(a) Rules to establish the procedures and standards of the
conduct of amateur mixed martial arts contests or exhibitions under
this act. The rules may, in whole or in part, adopt by reference
any existing standards considered appropriate by the director and
the commission.
(b) Rules to impose annual and participant license fees for
participants. The participant license fee for a contestant shall
not exceed $20.00 for a contest or exhibition.
(c) Rules for the application and approval process for
promoters under section 34.
(d) Rules for certain drug and disease tests and summary
suspension procedures under section 47(2).
(7) The department shall promulgate rules to address all of
the following:
(a) Number and qualifications of ring officials required at
any exhibition or contest.
(b) Powers, duties, and compensation of ring officials.
(c) Qualifications of licensees.
(d) Any necessary standards designed to accommodate federally
imposed mandates that do not directly conflict with this act.
(e) A list of enhancers and prohibited substances, the
presence of which in a contestant is grounds for suspension or
revocation of a license or other sanctions.
CHAPTER 3
Sec. 30. (1) A person shall not engage in an activity
regulated under this act unless the person is licensed by the
department to engage in that activity or unless the person is
exempt from licensure under this act.
(2) A person that violates subsection (1) is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 93 days, or both.
(3) A person that violates subsection (1) a second or any
subsequent time is guilty of a misdemeanor punishable by a fine of
not more than $1,000.00 or imprisonment for not more than 1 year,
or both. A person that knowingly allows a professional to
participate as a contestant in an amateur mixed martial arts
contest with an amateur is guilty of a felony punishable by a fine
of $10,000.00 per incident or imprisonment for not more than 3
years, or both.
(4) An affected person may maintain injunctive action in a
court of competent jurisdiction to restrain or prevent a person
from violating subsection (1). If successful in obtaining
injunctive relief, the affected person is entitled to actual costs
and attorney fees. As used in this subsection, "affected person"
means a person directly affected by the actions of a person
suspected of violating this act and includes, but is not limited
to, the commission, the department, or a member of the general
public.
(5) An investigation may be conducted by the department to
enforce this act. A person that violates this act is subject to the
penalties and remedies described in this section and section 43.
(6) The remedies under this section are independent and
cumulative. The use of a remedy by a person under this section does
not bar the pursuit of any other lawful remedy by that person or
the pursuit of a lawful remedy by any other person.
Sec. 31. By filing an application for licensure, an applicant
does both of the following:
(a) Certifies his or her general suitability, character,
integrity, and ability to participate, engage in, or be associated
with amateur mixed martial arts contests or exhibitions. The burden
of proof is on the applicant to establish to the satisfaction of
the commission that the applicant is qualified to participate in
mixed martial arts amateur contests or exhibitions.
(b) Accepts the risk of adverse public notice, embarrassment,
criticism, financial loss, or other action with respect to his or
her application and expressly waives any claim for damages as a
result of any adverse public notice, embarrassment, criticism,
financial loss, or other action. Any member of the commission or
any witness testifying under oath regarding an application and
investigation of the applicant is immune from civil liability for
libel, slander, or any other tort in connection with any written or
oral statement made by that person.
Sec. 32. A person shall not hold or conduct an amateur mixed
martial arts contest or exhibition in this state without a
promoter's license issued by the department under section 33.
Sec. 33. (1) An application for a promoter's license shall be
in writing and shall include the legal name, street address, and
telephone number of the applicant and any other information
reasonably required by the department. If the applicant is a
licensed professional promoter, a copy of his or her license under
the Michigan unarmed combat regulatory act, 2004 PA 403, MCL
338.3601 to 338.3663.
(2) An applicant for a promoter's license who is not a
licensed professional promoter shall demonstrate good moral
character to receive a license. If the applicant is denied a
license due to a lack of good moral character, the applicant may
petition the commission for a review of the decision under section
46.
(3) A promoter shall apply for and obtain an annual license
from the department in order to present a program of amateur mixed
martial arts contests or exhibitions. The annual license fee is
$300.00. Unless the applicant is a licensed professional promoter,
the department shall request, and the applicant shall provide, any
information the commission determines is necessary to ascertain the
financial stability of the applicant.
(4) If an applicant is a licensed professional promoter, the
department shall issue a promoter license to the applicant if the
applicant submits an application, including a copy of the
applicant's license under the Michigan unarmed combat regulatory
act, 2004 PA 403, MCL 338.3601 to 338.3663, and the application
processing fee described in section 34(2)(a).
(5) For the purpose of assuring the integrity of the sport,
the public interest, and the welfare and safety of the
participants, each promoter shall pay a regulatory and enforcement
fee of 2% of the gross ticket sales or $300.00, whichever is
greater, for each amateur mixed martial arts contest or exhibition
presented by the promoter during the 1-year period beginning on the
effective date of this act. The promoter shall submit a
standardized reporting form of gross ticket sales and fee, in the
form determined by the department, to the department not less than
5 business days after the event date. The department shall deposit
the fee into the fund created in section 22. At the end of the 12-
month period described in this subsection, the department shall
report to the legislature the amount of revenue generated by the
fee imposed under this subsection.
(6) After the expiration of the 1-year period described in
subsection (5), a promoter shall pay an event fee, in an amount
determined by the department, to pay for the inspection and the
officials at each event.
Sec. 34. (1) The director, in consultation with the
commission, may promulgate rules for the application and approval
process for promoters. Until the rules are promulgated, the
applicant shall comply with the standards described in subsection
(2).
(2) The rules regarding the application process shall include
at least the following:
(a) An initial application processing fee, in an amount
sufficient to cover the costs of processing, but not less than
$300.00.
(b) A requirement for disclosure of background information by
the applicant if the applicant is an individual, or by the
principal officers or members and individuals who have at least a
10% ownership interest if the applicant is any other legal entity,
with emphasis on the applicant's business experience.
(c) Information from the applicant that is not more than 7
years old concerning past and present civil lawsuits, judgments,
and filings under the bankruptcy code.
(d) Any other relevant and material information considered
necessary by the director after consultation with the commission.
(3) As part of the approval process for promoters, the
commission may require that the applicant or his or her
representative is present at the commission meeting at which a
review described in section 33(2) or 46 is considered.
CHAPTER 4
Sec. 40. The department of attorney general, the department,
the commission, or any other person may file a written complaint
with the commission alleging that a person has violated this act or
a rule promulgated or an order issued under this act. The
commission shall forward any complaint filed under this section to
the department for investigation.
Sec. 41. (1) If the department receives a complaint described
in section 40, the department immediately shall begin an
investigation of the allegations of the complaint and shall open a
correspondence file for tracking purposes. The department shall
acknowledge the complaint in writing within 30 days after it
receives the complaint. If the department submitted the complaint,
the department shall designate 1 or more employees of the
department to investigate and report all findings.
(2) The department shall conduct the investigation required
under subsection (1). As part of that investigation, the department
may request that the attorney general petition a court of competent
jurisdiction to issue a subpoena requiring a person to appear
before the department and be examined with reference to any matter
within the scope of the investigation and to produce books, papers,
or documents pertaining to the investigation.
(3) Within 60 days after the department receives a complaint
described in section 40, the investigative unit of the department
shall report to the director on the status of the investigation
under subsection (2). If, for good cause shown, the investigation
cannot be completed within 60 days, the department may extend the
60-day time period for filing the report.
(4) If the report of the investigative unit of the department
does not disclose a violation of this act or a rule promulgated or
an order issued under this act, the department shall close the
complaint. The department shall provide its reasons for closing the
complaint to the respondent and complainant, who then may provide
additional information to reopen the complaint.
(5) If the report of the investigative unit made under
subsection (3) discloses evidence of a violation of this act or a
rule promulgated or an order issued under this act, the department
or the department of attorney general shall prepare the appropriate
action against the respondent, which may include any of the
following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension under section 42.
(6) At any time during its investigation or after the issuance
of a formal complaint, the department may bring together the
complainant and the respondent for an informal conference. At the
informal conference, the department shall attempt to resolve issues
raised in the complaint and may attempt to aid the parties in
reaching a formal settlement or stipulation.
Sec. 42. (1) After it conducts an investigation under section
41, the department may issue an order summarily suspending a
license based on an affidavit by a person familiar with the facts
set forth in the affidavit or, if appropriate, based on an
affidavit on information and belief that an imminent threat to the
integrity of the sport of mixed martial arts, the public interest,
or the welfare and safety of a contestant exists.
(2) A person whose license is summarily suspended under this
section, including a contestant described in subsection (6), may
petition the department to dissolve the suspension order. After
receiving a petition to dissolve a suspension order, the department
immediately shall do either of the following:
(a) Schedule a hearing to decide whether to grant or deny the
requested relief.
(b) If the suspended person is a promoter, advise the person
that he or she may request a third party arbitration under
subsection (3).
(3) A promoter whose license is summarily suspended under this
section may seek arbitration in lieu of a hearing before an
administrative law examiner if the arbitrator is affiliated with a
professional arbitration entity and is approved by both the
promoter and the department. Each party is responsible for a share
of the cost of the arbitrator in accordance with the applicable
rules of arbitration.
(4) After the hearing or arbitration concerning a petition to
dissolve a suspension order under subsection (2), the
administrative law hearings examiner or arbitrator shall dissolve
the summary suspension order unless sufficient evidence is
presented that an imminent threat to the integrity of the sport,
the public interest, or the welfare and safety of a contestant
exists that requires emergency action and continuation of the
department's summary suspension order.
(5) The record created at a hearing to dissolve a summary
suspension order is considered part of the record of the complaint
at any subsequent hearing in a contested case.
(6) Subsections (2) through (5) apply to a summary suspension
order suspending a contestant for refusal to submit to a drug test
or a test for the presence of controlled substances, enhancers,
prohibited drugs, or other prohibited substances.
Sec. 43. (1) If the department conducts an investigation under
section 41, the department after the investigation may order a
person to cease and desist violating this act or a rule promulgated
or order issued under this act.
(2) A person ordered to cease and desist under subsection (1)
may request a hearing on that order by filing a written request for
a hearing with the department within 30 days after the effective
date of the order.
(3) If a person violates a cease and desist order issued under
this act, the department of attorney general may apply to a court
of competent jurisdiction to restrain and enjoin, temporarily or
permanently, or both, the person from further violating the cease
and desist order.
Sec. 44. (1) A summary suspension order, cease and desist
order, or injunctive relief issued or granted under this chapter
concerning a license is in addition to and not in place of an
informal conference; criminal prosecution; proceeding to deny,
revoke, or suspend a license; or any other action authorized under
this act.
(2) If the department conducts an investigation and prepares
or receives a formal complaint under section 41, the department
shall serve the formal complaint on the respondent and the
complainant. At the same time, the department shall serve the
respondent with a notice describing the compliance conference and
hearing process and offering the respondent a choice of 1 of the
following options:
(a) An opportunity to meet with the department to negotiate a
settlement of the matter.
(b) If the respondent is a licensee under this act, an
opportunity to demonstrate compliance before the department holds a
contested case hearing.
(c) An opportunity to proceed to a contested case hearing.
(3) A respondent who is served with a formal complaint under
this section may select, within 15 days after receiving the notice,
1 of the options described in subsection (2). If the respondent
does not notify the department of the selection of 1 of those
options within the time period described in this subsection, the
department shall proceed with a contested case hearing as described
in subsection (2)(c).
(4) At the discretion of the department, a member of the
commission may attend an informal conference described in
subsection (2)(a). The conference may result in a settlement,
consent order, waiver, default, or other method of settlement
agreed on by the parties and the department. A settlement may
include the revocation or suspension of a license; censure;
probation; restitution; or a penalty under section 48. The
commission may reject a settlement and require a contested case
hearing.
(5) An employee of the department may represent the department
in any contested case hearing.
(6) This chapter does not prevent a person against whom a
complaint has been filed from showing compliance with this act or a
rule promulgated or order issued under this act.
(7) The department or the department of the attorney general
may petition a court of competent jurisdiction to issue a subpoena
to require the person subpoenaed to appear or testify or produce
relevant documentary material for examination at a proceeding.
Sec. 45. (1) At the conclusion of a contested case hearing
conducted under section 44, the administrative law hearings
examiner shall submit a hearing report that includes findings of
fact and conclusions of law to the department, the department of
attorney general, and the commission. The examiner may recommend in
the hearing report the assessment of sanctions under section 48.
(2) An administrative law hearings examiner shall submit a
copy of a hearing report prepared under subsection (1) to the
complainant and to the respondent.
(3) Within 60 days after it receives an administrative law
hearings examiner's hearing report, the commission shall meet and
determine what penalties under section 48 to assess. The commission
shall make its determination based on the administrative law
hearings examiner's report. The examiner shall make a transcript of
a hearing or a portion of the transcript available to the
commission on request. If a transcript or a portion of the
transcript is requested, the commission shall make its
determination of the penalty or penalties to assess under section
48 at a meeting held within 60 days after it receives the
transcript or portion of the transcript.
(4) If the commission does not determine which penalty or
penalties to assess within the time period described in subsection
(3), the director may determine the appropriate penalty and issue a
final order.
(5) A member of the commission who has participated in an
investigation or administrative hearing on a complaint filed with
the department or who has attended an informal conference shall not
participate in making a final determination in a proceeding on that
complaint.
Sec. 46. (1) A person seeking a license or renewal under this
act may petition the department and the commission for a review if
that person does not receive a license or renewal.
(2) A petition for a review submitted under subsection (1)
shall be in writing and shall set forth the reasons the petitioner
believes that the licensure or renewal should be issued.
(3) The department may issue a license or renewal if, based on
a review of the qualifications of the person who submitted a
petition for a review under subsection (1), the department and the
commission determine that the person could perform the licensed
activity with competence.
Sec. 47. (1) The department shall initiate an action under
this chapter against an applicant or take any other lawful action
against the license of any contestant, promoter, or other
participant who the department determines has done any of the
following:
(a) Entered into a contract for an amateur mixed martial arts
contest or exhibition in bad faith.
(b) Participated in any sham or fake amateur mixed martial
arts contest or exhibition.
(c) Participated in an amateur mixed martial arts contest or
exhibition pursuant to a collusive understanding or agreement in
which the contestant competes or terminates the amateur mixed
martial arts contest or exhibition in a manner that is not based on
honest competition or the honest exhibition of the skill of the
contestant.
(d) Failed to give his or her best efforts, failed to compete
honestly, or failed to give an honest exhibition of his or her
skills in an amateur mixed martial arts contest or exhibition.
(e) Performed an act or engaged in conduct that is detrimental
to an amateur mixed martial arts contest or exhibition, including,
but not limited to, any foul or unsportsmanlike conduct in
connection with an amateur mixed martial arts contest or
exhibition.
(f) Gambled on the outcome of an amateur mixed martial arts
contest or exhibition in which he or she is a contestant, promoter,
matchmaker, ring official, or second.
(g) Assaulted another licensee, commission member, or employee
of the department while not involved in or while outside the normal
course of an amateur mixed martial arts contest or exhibition.
(h) Practiced fraud or deceit in obtaining a license.
(2) The department, in consultation with the commission, shall
promulgate rules to provide for the following:
(a) The timing of random drug tests for contestants.
(b) Requirements for HIV and hepatitis B and C testing for
contestants, conducted at intervals of not more than 12 months.
(c) Specific summary suspension procedures for amateur mixed
martial arts contestants who test positive for drugs or fail to
submit to a drug test. The rules shall include the following:
(i) A procedure to allow the commission to place the licensee
upon the national suspension list.
(ii) An expedited appeal process for the summary suspension.
(iii) A relicensing procedure following summary suspension.
(3) An employee of the department must be present at all
weigh-ins, medical examinations, contests, and exhibitions to
ensure that this act and rules promulgated under this act are
strictly enforced.
(4) Each promoter shall provide each member of the commission
present at an amateur mixed martial arts contest or exhibition with
a seat in the area immediately adjacent to the amateur mixed
martial arts contest or exhibition. The promoter shall also provide
an additional seat in the venue to the member.
(5) The commission chair, a commission member assigned by the
commission chair, or a department official designated by the
commission chair has final authority involving any conflict at a
contest or exhibition and shall advise the chief inspector in
charge if he or she exercises that authority. In the absence of the
chair, an assigned member, or a department official designated by
the commission chair, the chief inspector in charge is the final
decision-making authority.
Sec. 48. (1) If it receives an application for reinstatement
and the payment of an administrative fine prescribed by the
commission, the commission may reinstate a revoked license or lift
a suspension.
(2) If disciplinary action is taken against a person under
this act that does not relate to an amateur mixed martial arts
contest or exhibition, the commission may, in lieu of suspending or
revoking a license, prescribe an administrative fine that does not
exceed $5,000.00. If disciplinary action is taken against a person
under this act that relates to the preparation for an amateur mixed
martial arts contest or an exhibition, the occurrence of an amateur
mixed martial arts contest or an exhibition, or any other action
taken in conjunction with an amateur mixed martial arts contest or
an exhibition, the commission may prescribe an administrative fine
that does not exceed $15,000.00 for any other person. The
commission may impose the administrative fine in addition to, or in
lieu of, any other disciplinary action that is taken against the
person by the commission.
(3) If an administrative fine is imposed under this section,
the commission may recover the costs of the proceeding, including
investigative costs and attorney fees. The department or the
attorney general may bring an action in a court of competent
jurisdiction to recover any administrative fines, investigative and
other allowable costs, and attorney fees. The filing of an action
to recover fines and costs does not bar the imposition of other
penalties under this act.
CHAPTER 5
Sec. 50. (1) Each participant shall obtain a participant
license from the department before participating either directly or
indirectly in an amateur mixed martial arts contest or exhibition.
(2) An application for a participant license shall be in
writing, shall be verified by the applicant, and shall set forth
those facts requested by and conform to the rules promulgated by
the department in consultation with the commission.
(3) The department shall issue an identification card with
each contestant's license.
(4) The commission or a member of the commission has standing
to contest the issuance or nonissuance of an exhibition or other
license by written or electronic communication to the department.
Sec. 51. (1) The department may require that a person seeking
a license under this act as a judge or referee satisfactorily pass
an examination or training program acceptable to the department.
(2) A contestant seeking a license under this act as a
contestant shall pass a physical examination that is performed by a