ORS 463.185
Authority of superintendent to enforce chapter
- revocation, suspension and denial of licenses
- hearing
- civil penalty
- rules
(1)
The Superintendent of State Police has the sole jurisdiction and authority to enforce the provisions of this chapter. The superintendent or the authorized representative of the superintendent may investigate allegations of activity that may violate the provisions of this chapter.(2)
The superintendent or the authorized representative of the superintendent is authorized to enter at reasonable times and without advance notice, a place of business or establishment where activity alleged to be in violation of this chapter may occur.(3)
The superintendent may deny, revoke or suspend the license of an official or an unarmed combat sports competitor, manager, second, matchmaker or promoter for:(a)
Violating this chapter or a rule adopted under this chapter.(b)
Engaging in an activity regulated under this chapter in connection with an unarmed combat sports event that is not approved by the superintendent or authorized representative of the superintendent.(c)
Participating as an unarmed combat sports competitor in an unarmed combat sports event if another unarmed combat sports competitor is either unlicensed by the superintendent or is not medically qualified as provided in ORS 463.047 (Assignment of medical personnel to event). This paragraph does not apply to unarmed combat sports competitors participating in events supervised by an approved amateur athletic organization.(d)
Participating as an official in an unarmed combat sports event if an unarmed combat sports competitor is either unlicensed by the superintendent or is not medically qualified as provided in ORS 463.047 (Assignment of medical personnel to event). This paragraph does not apply to officials participating in events supervised by an approved amateur athletic organization.(e)
Failing to comply with a valid order of the superintendent or authorized representative of the superintendent.(f)
Aiding and abetting violations of this chapter or rules adopted under this chapter.(g)
Being convicted of a crime that bears upon the exercise of the privileges granted to the holder of the license.(4)
The authorized representative of the superintendent may temporarily deny, revoke or suspend the license of an unarmed combat sports competitor, manager, matchmaker, official, promoter or second for a reason listed in subsection (3) of this section.(5)
The superintendent shall deny, and the authorized representative of the superintendent shall temporarily deny, an application for a license when the applicant does not possess the requisite qualifications.(6)
The superintendent or the authorized representative of the superintendent may hold a hearing regarding allegations that a person has violated or failed to comply with this chapter.(7)
In addition to the denial, revocation or suspension of a license, the superintendent or the authorized representative of the superintendent may order the forfeiture of the payment of the purse or any portion of the purse of an unarmed combat sports competitor or manager for the violation of any provision of this chapter or any rule adopted pursuant to this chapter.(8)
Intentionally left blank —Ed.(a)
The superintendent or authorized representative of the superintendent may impose a civil penalty, in an amount not to exceed $100,000, to be paid by a promoter, matchmaker, unarmed combat sports competitor, manager or any other participant licensed by the superintendent, for the violation of this chapter or any rule adopted pursuant to this chapter. The penalty must be deposited in the subaccount of the State Police Account established under ORS 181A.020 (State Police Account).(b)
The Oregon State Athletic Commission shall recommend, and the superintendent shall adopt, rules that establish a method for determining the amount of a civil penalty assessed under this subsection. The rules must include, but need not be limited to, consideration of the gross receipts from the sale of tickets if the violation is related to an event, the severity of the violation for which the penalty is to be imposed and the number of previous violations committed by the person on whom the penalty is to be imposed.(9)
When conducting a contested case hearing under ORS chapter 183 held pursuant to this chapter, the superintendent or authorized representative of the superintendent may administer oaths to witnesses, receive evidence and issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to matters under investigation.(10)
The commission shall recommend, and the superintendent shall adopt, rules requiring contracts between professional unarmed combat sports competitors and managers or promoters to conform to standards determined by the commission to protect the best interests of unarmed combat sports competitors and the public. The rules must include, but need not be limited to, a requirement that each unarmed combat sports competitor shall receive at least 66-2/3 percent of that unarmed combat sports competitor’s contracted portion of the gross purse for each event in which the professional unarmed combat sports competitor participates. A professional unarmed combat sports event may not take place in this state unless the superintendent or authorized representative of the superintendent determines that the contractual arrangements for the event conform to the rules adopted under this subsection.(11)
The provisions of this section do not apply to a promoter of or a participant in entertainment wrestling. [1987 c.789 §10; 1991 c.211 §7; 1993 c.742 §127; 1993 c.744 §212; 2003 c.142 §6; 2007 c.585 §16; 2017 c.235 §15]
Source:
Section 463.185 — Authority of superintendent to enforce chapter; revocation, suspension and denial of licenses; hearing; civil penalty; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors463.html.
Up to date