February 18, 2015, Introduced by Reps. Santana, Kosowski and Kivela and referred to the Committee on Regulatory Reform.
A bill to amend 2004 PA 403, entitled
"Michigan unarmed combat regulatory act,"
by amending the title and sections 10, 11, 12, 22, 30, 32, 33, 35,
40, 41, 42, 43, 44, 46, 47, 48, 50, 52, 61, and 61a (MCL 338.3610,
338.3611, 338.3612, 338.3622, 338.3630, 338.3632, 338.3633,
338.3635, 338.3640, 338.3641, 338.3642, 338.3643, 338.3644,
338.3646, 338.3647, 338.3648, 338.3650, 338.3652, 338.3661, and
338.3661a), sections 10, 11, 12, 32, 35, 47, and 48 as amended by
2007 PA 196, section 22 as amended by 2010 PA 100, and section 33
as amended and section 61a as added by 2012 PA 546, by amending the
headings for chapters 1 to 6, and by adding sections 2, 71, 72, 73,
74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, and 87 and
headings for articles 1, 2, and 3; and to repeal acts and parts of
acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An
act to regulate certain forms of boxing; to create certain
commissions
and to provide certain powers and duties for the
conduct of certain boxing, mixed martial arts, and other unarmed
combat events, contests, and exhibitions; to create the Michigan
unarmed combat commission and establish its powers and duties; to
provide for the powers and duties of certain state agencies and
departments;
to license and regulate certain promoters,
contestants,
and other persons engaged in boxing ,
certain persons
connected
to or the business of boxing , and certain persons
conducting
certain contests and exhibitions; and
mixed martial arts
or the business of mixed martial arts; to confer immunity under
certain circumstances; to provide for the conducting of certain
tests;
to assess certain fees; to create certain funds; to
promulgate
the Michigan unarmed combat
fund and provide for the use
of money in the fund; to provide for the promulgation of rules; to
provide for penalties and remedies; and to repeal acts and parts of
acts.
ARTICLE 1
Sec. 2. As used in this act:
(a) "Commission" means the Michigan unarmed combat commission
created in section 20.
(b) "Department" means the department of licensing and
regulatory affairs.
(c) "Director" means the director of the department or his or
her designee.
(d) "Mixed martial arts" means the general term that describes
the convergence of techniques from a variety of combative sports
disciplines. The term includes boxing, wrestling, judo, jujitsu,
kickboxing, and other combinations of techniques from different
disciplines of the martial arts.
(e) "Professional" means an individual who is competing or has
competed in the past for a prize in any sport regulated under this
act.
(f) "Rule" means a rule promulgated under the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
ARTICLE 2
CHAPTER PART
1
Sec.
10. As used in this act:article:
(a)
"Amateur" means a person an individual who is not
competing and has never competed for a money prize or who is not
competing and has not competed with or against a professional for a
prize. For a boxing contest, amateur is a person who is required to
be
registered by USA boxing.Boxing.
(b)
"Commission" means the Michigan unarmed combat commission
created
in section 20.
(b) (c)
"Complainant" means a
person who has filed that
files
a complaint with the department alleging that a person has violated
this
act article or a rule promulgated or an order issued under
this
act. article. If a complaint is made by the department, the
director
shall designate the term
means 1 or more employees of the
department designated by the director to act as the complainant.
(d) "Department" means the department
of labor and economic
growth.
(e)
"Director" means the director of the department or his or
her
designee.
(c) (f)
"Employee of the
department" means an individual who
is employed by the department or a person that is under contract to
the department whose duty it is to enforce the provisions of this
act
article or rules promulgated or orders issued under this
act.article.
(d) (g)
"Fund" means the Michigan
unarmed combat fund created
in section 22.
(e) (h)
"Good moral character"
means good moral character as
determined and defined in 1974 PA 381, MCL 338.41 to 338.47.
(i) "Mixed martial arts" means unarmed
combat involving the
use
of a combination of techniques from different disciplines of
the
martial arts and includes grappling, kicking, jujitsu, and
striking,
subject to limitations contained in this act and rules
promulgated
under this act.
Sec.
11. As used in this act:article:
(a) "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.
(b) "Prize" means something offered or given of present or
future value to a participant in a contest, exhibition, or match.
(c) "Professional" means a person who
is competing or has
competed
in boxing or mixed martial arts for a money prize.
(c) (d)
"Promoter" means any a person
who that produces or
stages any professional contest or exhibition of boxing or mixed
martial arts, or both, 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.copromoter.
(d) (e)
"Purse" means the
financial guarantee or any other
remuneration for which professionals are participating in a contest
or exhibition and includes the professional's share of any payment
received for radio, television, or motion picture rights.
(e) (f)
"Respondent" means a licensee or other person against
whom
which a complaint has been is filed
who may be a person who is
or
is required to be licensed under
this act.article.
(g) "Rule" means a rule promulgated
under the administrative
procedures
act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) (h)
"School",
"college", or "university" does not include
an institution formed or operated principally to provide
instruction in boxing and other sports.
Sec.
12. This act article does not apply to any of the
following:
(a) Professional or amateur wrestling.
(b) Amateur martial arts sports or activities.
(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 participant is an amateur.
(d) Amateur boxing regulated by the amateur sports act of
1978, 36 USC 371.
(e) Boxing elimination contests regulated by section 50.
(f) Amateur mixed martial arts.
CHAPTER PART
2
Sec. 22. (1) The commission shall elect 1 of its members as
the chair of the commission. The commission may purchase and use a
seal. The director may promulgate rules for the administration of
this
act article 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 promulgating 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) The department shall promulgate rules to include 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) License fees not otherwise provided under this
act.article.
(e) Any necessary standards designed to accommodate federally
imposed mandates that do not directly conflict with this
act.article.
(f) A list of enhancers and prohibited substances, the
presence of which in a contestant is grounds for suspension or
revocation of the license or other sanctions.
(3) An unarmed combat fund is created as a revolving fund in
the state treasury and administered by the director. The money in
the fund is to be only used for the costs of administration and
enforcement
of this act article and for any costs associated with
the
administration of this act, article,
including, but not limited
to, reimbursing the department of attorney general for the
reasonable costs of services provided to the department under this
act.
article. 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 the
regulatory and enforcement fee, license fees, event fees, and
administrative
fines imposed under this act, article,
and from any
other source.
(4) Annually, the legislature shall fix the per diem
compensation of the members of the commission. Travel or other
expenses incurred by a commission member in the performance of an
official function shall be payable by the department under the
standardized travel regulations of the department of management and
budget.
(5) The commission may affiliate with any other state or
national boxing or mixed martial arts commission or athletic
authority. The commission, upon approval of the director, may enter
into any appropriate reciprocity agreements.
(6) The commission and department are vested with management,
control, and jurisdiction over all professional boxing and
professional mixed martial arts contests or exhibitions to be
conducted,
held, or given within the in
this state. of
Michigan.
Except
for any contests or exhibitions exempt from this act,
article, a contest or exhibition shall not be conducted, held, or
given
within in this state except in compliance with this
act.article.
(7) The requirements and standards contained in standards
adopted
by the New Jersey state athletic control board, State
Athletic Control Board, N.J.A.C. 13:46-24A and 24B, as they may
exist on February 20, 2005, entitled the mixed martial arts unified
rules, dated 2000, except for the license fees described in those
rules, are incorporated by reference. Any requirements and
standards incorporated by reference in this subsection that are in
conflict
with the requirements and standards of this act article
are
considered superseded by the provisions of this act. article.
The director, in consultation with the commission, may promulgate
rules consistent with section 35 to alter, supplement, update, or
amend the standards incorporated by reference under this
subsection. Any references to the commission in the mixed martial
arts unified rules shall mean the department. The standards
contained in 13:46-24B.3 are not incorporated by reference.
CHAPTER PART
3
Sec. 30. (1) A person shall not engage in or attempt to engage
in
an activity regulated under this act article unless the person
possesses a license issued by the department or unless the person
is
exempt from licensure under this act.article.
(2)
A person who 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 90 days, or both.
(3)
A person who 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.
(4) Notwithstanding the existence and pursuit of any other
remedy, 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 shall be is entitled to
actual costs and attorney fees. As used in this subsection,
"affected person" means a person that is directly affected by the
actions of a person suspected of violating subsection (1) 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 section. A person who that
violates this section is
subject to the strictures prescribed in this section and section
43.
(6) The remedies under this section are independent and
cumulative.
The use of 1 remedy by a person shall does not bar the
use of other lawful remedies by that person or the use of a lawful
remedy by another person.
Sec.
32. A contest or exhibition regulated by this act under
this
article and not exempt from this act
article shall be held or
conducted in this state only under a promoter's license issued by
the
department as provided for in under
section 33.
Sec. 33. (1) An application for a promoter's license must be
in writing and shall include the legal name, street address, and
telephone number of the applicant.
(2) An applicant for a promoter's license must demonstrate
good moral character. If an applicant for a promoter's license is
denied a license due to lack of good moral character, the applicant
may petition the commission for a review of the decision under
section 46.
(3) Before the department grants an approval for a contest or
exhibition, the promoter must file a bond with the department in an
amount fixed by the department but not less than $20,000.00 or more
than $50,000.00. The applicant shall execute the bond as principal,
and the bond shall be issued by a corporation qualified under the
laws of this state as surety, payable to the state of Michigan, and
conditioned on the faithful performance by the applicant of the
provisions
of this act. article. The bond must be purchased at
least 5 days before the contest or exhibition and may be used to
satisfy payment for the professionals, costs to the department for
ring officials and physicians, and drug tests.
(4) A promoter must apply for and obtain an annual license
from the department in order to present a program of contests or
exhibitions
regulated under this act. article.
The annual license
fee is $250.00. The department shall request, and the applicant
shall provide, any information that the department determines is
necessary to ascertain the financial stability of the applicant.
Section 61a applies to any information provided by an applicant
under this subsection.
(5) A boxing promoter shall pay an event fee of $125.00. A
mixed martial arts promoter shall pay an event fee of $125.00.
(6) Each promoter shall pay a regulatory and enforcement fee
to assure the integrity of the sports of boxing and mixed martial
arts, the public interest, and the welfare and safety of the
professionals. The amount of the fee is 3% of the total gross
receipts from the sale, lease, or other exploitation of
broadcasting, television, and motion picture rights for an event,
or $25,000.00, whichever is less, for a boxing or mixed martial
arts event to which any of the following apply:
(a) If the event is a boxing event, the event is located in a
venue with a seating capacity of more than 5,000.
(b) The promoter proposes to televise or broadcast the event
over any medium for viewing by spectators who are not present in
the venue.
(c) The event is designed to promote professional boxing or
mixed martial arts contests in this state.
(7) For purposes of subsection (6), at least 10 days before
the boxing or mixed martial arts event, the promoter shall submit
the contract subject to the regulatory and enforcement fee to the
department, stating the amount of the probable total gross receipts
from the sale, lease, or other exploitation of broadcasting,
television, and motion picture rights for the event. However, this
subsection does not apply to a promoter that agrees to pay a
regulatory and enforcement fee for the event in the amount of
$25,000.00, and the department receives that payment from the
promoter at least 1 business day before the event.
(8) The department shall deposit the money received from the
proceeds of the regulatory and enforcement fee into the fund
created in section 22 and use those proceeds for the purposes
described in that section.
(9) Within 1 business day before a boxing or mixed martial
arts contest or exhibition, the promoter shall deliver to the
department an executed copy of all of the executed contracts
between the promoter and the professionals participating in that
contest or exhibition. The copies of the contracts are exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246, except that the department may disclose
statistical information on the number, types, and amounts of
contracts if information regarding identifiable individuals or
categories is not revealed.
(10) The commission or department may perform drug testing on
a professional before or after a contest or exhibition to detect
the presence of alcohol, stimulants, or drugs, including, but not
limited to, performance enhancing drugs. A professional shall
submit to a urinalysis or chemical test before or after a contest
or exhibition if the commission, the department, or a designated
representative of the commission or department directs him or her
to do so. If a professional fails or refuses to submit to a
urinalysis or chemical test under this subsection, or the results
of the urinalysis or chemical test confirm or demonstrate the
professional
has violated this act, article,
he or she is subject
to
disciplinary action by the commission under this act. article.
In addition to any other disciplinary action by the commission, if
the professional won the contest or exhibition or the contest or
exhibition was a draw, the commission may change the result of that
contest or exhibition to a no decision. The department may
promulgate rules to define the terms "stimulants" or "performance
enhancing drugs."
Sec. 35. The director, in consultation with the commission,
shall promulgate rules to set standards for boxing and mixed
martial arts exhibitions and participants and to provide for
license fees for all participants in the activities regulated by
this
act article not otherwise provided for in this act, article,
including, but not limited to, license fees for a physician,
physician's assistant, nurse practitioner, referee, judge,
matchmaker, timekeeper, professional, contestant, or manager or a
second of those persons.
CHAPTER PART
4
Sec. 40. A complaint which alleges that a person has violated
this
act article or a rule promulgated or an order issued under
this
act article shall be lodged with submitted to the department.
The department of attorney general, the department, the commission,
or any other person may file a complaint.
Sec.
41. (1) The department, upon receipt of when it receives
a complaint, immediately shall begin its investigation of the
allegations of the complaint and shall open a correspondence file.
The department shall make a written acknowledgment of the complaint
within 15 days after receipt of the complaint to the person making
the complaint. If the complaint is made by the department, the
director shall designate 1 or more employees of the department to
act as the person making the complaint.
(2) The department shall conduct the investigation required
under subsection (1). In furtherance 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 a
matter within the scope of the investigation and to produce books,
papers, or documents pertaining to the investigation.
(3) The investigative unit of the department, within 30 days
after the department receives the complaint, shall report to the
director on the status of the investigation. If, for good cause
shown, an investigation cannot be completed within 30 days, the
director may extend the time in which a report may be filed.
(4) If the report of the investigative unit of the department
does
not disclose a violation of this act article or a rule
promulgated
or an order issued under this act, article, the
complaint shall be closed by the department. The reasons for
closing the complaint shall be forwarded to the respondent and
complainant, who then may provide additional information to reopen
the complaint.
(5) If the report of the investigative unit made pursuant to
subsection
(3) discloses evidence of a violation of this act
article
or a rule promulgated or an order
issued under this act,
article, the department or the department of attorney general shall
prepare the appropriate action against the respondent which may be
any of the following:
(a) A formal complaint.
(b) A cease and desist order.
(c) A notice of summary suspension subject to sections 42 and
48(7).
(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 an investigation has been is conducted, 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 upon on an affidavit on
information and belief, that an imminent threat to the integrity of
the sport, the public interest, and the welfare and safety of a
professional
exists. Thereafter, After
an order is issued, the
proceedings
described in this chapter part
shall be promptly
commenced and decided.
(2)
A person whose license has been is
summarily suspended
under this section may petition the department to dissolve the
order. Upon receiving a petition, the department immediately shall
schedule a hearing to decide whether to grant or deny the requested
relief.
(3) An administrative law hearings examiner shall grant the
requested relief dissolving the summary suspension order, unless
sufficient evidence is presented that an imminent threat to the
integrity of the sport, the public interest, and the welfare and
safety of a professional exists that requires emergency action and
continuation of the department's summary suspension order.
(4) The record created at the hearing to dissolve a summary
suspension order shall become part of the record on the complaint
at a subsequent hearing in a contested case.
(5) A summary suspension of a professional for refusal or
failure to submit to a drug test or for the presence of controlled
substances, enhancers, prohibited drugs, or other prohibited
substances,
as described in section 48(7), 48(6),
shall proceed
under this section.
Sec. 43. (1) After an investigation has been conducted, the
director may order a person to cease and desist from a violation of
this
act article or a rule promulgated or an order issued under
this
act.article.
(2) A person ordered to cease and desist may request a hearing
before the department if a written request for a hearing is filed
within 30 days after the effective date of the order.
(3)
Upon a violation of If a
person violates a cease and
desist
order issued under this act, article,
the department of
attorney general may apply to a court of competent jurisdiction to
restrain and enjoin, temporarily or permanently, or both, a person
from further violating a cease and desist order.
Sec. 44. (1) A summary suspension order, cease and desist
order, or injunctive relief issued or granted in relation to a
license is in addition to and not in place of an informal
conference;
criminal prosecution; or proceeding to deny, revoke, or
suspend a license; or any other action authorized by this
act.article.
(2)
After an investigation has been is
conducted and a formal
complaint prepared, the department shall serve the formal complaint
upon
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 opportunities:
(a) An opportunity to meet with the department to negotiate a
settlement of the matter.
(b) If the respondent is a licensee or registrant under this
act,
article, an opportunity to demonstrate compliance prior to
holding
before a contested case hearing is held.
(c) An opportunity to proceed to a contested case hearing.
(3)
A respondent upon whom which
service of a formal complaint
has
been made pursuant to under
this section may select, within 15
days after the receipt of notice, 1 of the options described in
subsection (2). If a respondent does not select 1 of those options
within the time period described in this section, then the
department shall proceed to a contested case hearing as described
in subsection (2)(c).
(4) An informal conference may be attended by a member of the
commission,
at the discretion of that the
commission, and may
result in a settlement, consent order, waiver, default, or other
method
of settlement agreed upon on
by the parties and the
department. A settlement may include the revocation or suspension
of a license; censure; probation; restitution; or a penalty
provided for in 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 part does not prevent a person against whom
which a complaint has been filed from showing compliance with this
act
article or a rule promulgated or an order promulgated or
issued
under
this act.article.
(7) If an informal conference is not held or does not result
in a settlement of a complaint, the department shall allow the
respondent an administrative hearing. A hearing under this section
may be attended by a member of the commission.
(8) The department or the department of the attorney general
may petition a court of competent jurisdiction to issue a subpoena
which shall require the person subpoenaed to appear or testify or
produce relevant documentary material for examination at a
proceeding.
Sec. 46. (1) A person that is seeking a license or renewal
under
this act article may petition the department and the
commission for a review if that person does not receive a license
or renewal.
(2) A petition submitted under subsection (1) shall be in
writing and shall set forth the reasons the petitioner feels the
licensure or renewal should be issued.
(3) In considering a petition submitted under subsection (1),
the department and the commission may administer an alternative
form of testing to the petitioner or conduct a personal interview
with the petitioner, or both.
(4) The department may issue a license or renewal if, based on
a
review of the qualifications of the person who that submitted
a
petition under subsection (1), the department and the commission
determine that the person could perform the licensed activity with
competence.
(5)
Notwithstanding any other provision of this act, article,
if a written grievance was lodged before the effective date of this
act against a person licensed under an act repealed by this act,
the proceedings on that grievance shall be conducted in the manner
prescribed in the repealed act.
Sec. 47. (1) The department shall initiate an action under
this
chapter part against an applicant or take any other allowable
action against the license of any contestant, promoter, or other
participant
who the department determines has done does any of the
following:
(a) Enters into a contract for a contest or exhibition in bad
faith.
(b) Participates in any sham or fake contest or exhibition.
(c) Participates in a contest or exhibition pursuant to a
collusive understanding or agreement in which the contestant
competes or terminates the contest or exhibition in a manner that
is
not based upon on honest competition or the honest exhibition of
the skill of the contestant.
(d) Is determined to have 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 a contest or exhibition.
(e) Is determined to have performed an act or engaged in
conduct that is detrimental to a contest or exhibition, including,
but not limited to, any foul or unsportsmanlike conduct in
connection with a contest or exhibition.
(f) Gambles on the outcome of a contest or exhibition in which
he or she is a contestant, promoter, matchmaker, ring official, or
second.
(g) Assaults another licensee, commission member, or
department employee while not involved in or while outside the
normal course of a contest or exhibition.
(h) Practices fraud or deceit in obtaining a license.
(2) The department, in consultation with the commission, shall
promulgate rules to provide for both of the following:
(a) The timing of drug tests for contestants.
(b) Specific summary suspension procedures for contestants and
participants who test positive for drugs or who fail to submit to a
drug
test , under
section 48(4). The rules shall include the
following:
(i) A procedure to allow the department to place the licensee
upon
on 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, exhibitions, and matches
to
ensure that this act article
and rules are strictly enforced.
(4) Each promoter shall furnish each member of the commission
present at a contest or exhibition a seat in the area immediately
adjacent to the contest or exhibition. An additional seat shall be
provided in the venue.
(5) The commission chair, a commission member assigned by the
chair, or a department official designated by the commission chair
shall have final authority involving any conflict at a contest,
exhibition, or match and shall advise the chief inspector in charge
accordingly. In the absence of the chair, an assigned member, or a
department official designated by the commission chair, the chief
inspector
in charge shall be is the final decision-making
authority.
Sec.
48. (1) Upon receipt of 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. If disciplinary action is taken against a
person
under this act article that does not relate to a contest or
exhibition, the commission may, in lieu of suspending or revoking a
license, prescribe an administrative fine not to exceed $10,000.00.
If
disciplinary action is taken against a person under this act
article that relates to the preparation for a contest or an
exhibition, the occurrence of a contest or an exhibition, or any
other action taken in conjunction with a contest or an exhibition,
the commission may prescribe an administrative fine in an amount
not to exceed 100% of the share of the purse to which the holder of
the license is entitled for the contest or exhibition or an
administrative fine not to exceed $100,000.00 in the case of any
other person. This administrative fine may be imposed in addition
to, or in lieu of, any other disciplinary action that is taken
against the person by the commission.
(2) 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
sanctions
under this act.article.
(3) An employee of the department, in consultation with any
commission member present, may issue an order to withhold the purse
for
3 business days due to a violation of this act article or
a
rule
promulgated under this act. article.
During that 72-hour time
period, the commission may convene a special meeting to determine
if the action of the employee of the department was warranted. If
the commission determines that the action was warranted, the
department shall offer to hold an administrative hearing as soon as
practicable but within at least 7 calendar days.
(4) A professional or participant in a professional contest or
exhibition shall submit to a postexhibition test of body fluids to
determine the presence of controlled substances, prohibited
substances, or enhancers. The department shall promulgate rules to
set requirements regarding preexhibition tests of body fluids to
determine the presence of controlled substances, prohibited
substances, or enhancers.
(5) The promoter is responsible for the cost of the testing
performed under this section.
(6) Either of the following is grounds for summary suspension
of the individual's license in the manner provided for in section
42:
(a) A test resulting in a finding of the presence of
controlled substances, enhancers, or other prohibited substances as
determined by rule of the commission.
(b) The refusal or failure of a contestant to submit to the
drug testing ordered by an authorized person.
CHAPTER PART
5
Sec. 50. (1) Boxing elimination contests in which all of the
following
apply are exempt from this act:article:
(a) The contestants compete for prizes only in elimination
contests and are not also professional boxers competing in 4 or
more rounds of nonelimination boxing.
(b) Each bout is scheduled to consist of 3 or fewer 1-minute
rounds, with contests conducted on no more than 2 consecutive
calendar days.
(c) Competing contestants are prohibited from boxing for more
than 12 minutes on each contest day.
(d) The contestants participating in the elimination contest
are insured by the promoter for all medical and hospital expenses
to be paid to the contestants to cover injuries sustained in the
contest.
(e) A physician is in attendance at ringside and the physician
has authority to stop the contest for medical reasons.
(f) All contestants pass a physical examination given by a
physician, a licensed physician's assistant, or a certified nurse
practitioner before the contest.
(g) A preliminary breath test is administered to each
contestant which indicates a blood alcohol content of .02% or less.
(h) The promoter conducts the elimination contest in
compliance with the following:
(i) A contestant who has lost by a technical knockout is not
permitted to compete again for a period of 30 calendar days or
until the contestant has submitted to the promoter the results of a
physical examination equivalent to that required of professional
boxers.
(ii) The ringside physician examines a contestant who has been
knocked out in an elimination contest or whose fight has been
stopped by the referee because he or she received hard blows to the
head that made him or her defenseless or incapable of continuing
immediately after the knockout or stoppage. The ringside physician
may recommend post-fight neurological examinations, which may
include computerized axial tomography (CAT) scans or magnetic
resonance imaging (MRI), to be performed on the contestant
immediately after the contestant leaves the location of the
contest. The promoter shall not permit the contestant to compete
until a physician has certified that the contestant is fit to
compete. If the physician recommended further neurological
examinations, the promoter shall not permit the contestant to
compete until the promoter receives copies of examination reports
demonstrating that the contestant is fit to compete.
(iii) The promoter requires that a contestant who has sustained
a severe injury or knockout in an elimination contest be examined
by a physician. The promoter shall not permit the contestant to
compete until the physician has certified that the contestant has
fully recovered.
(iv) The promoter does not permit a contestant to compete in an
elimination contest for a period of not less than 60 days if he or
she has been knocked out or has received excessive hard blows to
the head that required the fight to be stopped.
(v) A contestant who has been knocked out twice in a period of
3 months or who has had excessive head blows causing a fight to be
stopped is not permitted by a promoter to participate in an
elimination contest for a period of not less than 120 days from the
second knockout or stoppage.
(vi) A contestant who has been knocked out or had excessive
hard blows to the head causing a fight to be stopped 3 times
consecutively in a period of 12 months is not permitted by a
promoter to participate in an elimination contest for a period of 1
year from the third knockout.
(vii) Before resuming competition after any of the periods of
rest prescribed in subparagraphs (iv), (v), and (vi), a promoter
requires the contestant to produce a certification by a physician
stating that the contestant is fit to take part in an elimination
contest.
(2) As part of the physical examination given before the
boxing elimination contest, the physician, licensed physician's
assistant, certified nurse practitioner, or other trained person
shall administer a preliminary breath test in compliance with
standards imposed in rules promulgated by the department of state
police regarding equipment calibration and methods of
administration. The promoter shall keep a log of preliminary breath
test results of contestants on file at its place of business for at
least 3 years after the date of administration of the test. These
results shall be made available to law enforcement officials upon
request.
Sec.
52. (1) A person that is seeking a license under this act
article as a judge or referee may be required to satisfactorily
pass an examination or training program acceptable to the
department.
(2)
A person that is seeking a license under this act article
as a judge, referee, or contestant shall pass a physical
examination that is performed by a licensed physician, a licensed
physician's assistant, or a certified nurse practitioner acceptable
to the department and the commission.
(3) Until the expiration of 1 year after the effective date of
this act, the department shall issue an equivalent license without
an
examination to a person who that
is licensed in any capacity
under former article 8 of the occupational code, 1980 PA 299, on
the effective date of this act upon application on a form provided
by the department.
CHAPTER PART
6
Sec. 61. Except as rescinded, rules promulgated under former
article 8 of the occupational code, 1980 PA 299, MCL 339.801 to
339.814,
retain authorization under this act.article.
Sec. 61a. A record or portion of a record, material,
information, or other data received, prepared, used, or retained by
the
department or commission under this act article that includes a
trade secret or commercial, financial, or proprietary information
of a licensee or license applicant, and that the licensee or
applicant requests in writing be treated as confidential by the
department or commission, is not subject to the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. As used in this
section, "trade secret or commercial, financial, or proprietary
information" means information that has not been publicly
disseminated or that is unavailable from other sources, the release
of which might cause the licensee or applicant significant
competitive harm.
ARTICLE 3
Sec. 71. As used in this article:
(a) "Amateur" means an individual mixed martial artist who is
not competing and has never competed in a mixed martial arts
contest for a prize or who is not competing and has never competed
with or against a professional in a mixed martial arts contest for
a prize.
(b) "Applicant" means an individual who applies for a license
under this article.
(c) "Contest" does not include a mixed martial arts
exhibition.
(d) "Contestant" means an individual who competes in an
amateur mixed martial arts contest or event.
(e) "Event" means a program of 1 or more individual amateur
mixed martial arts contests.
(f) "Fund" means the amateur mixed martial arts fund created
in section 74.
(g) "License" means the document issued to an individual under
this article that enables him or her to engage in an activity that
would otherwise be prohibited under this article. The term includes
an initial license and any renewal license issued to an individual.
(h) "Medical professional" means a physician as defined in
section 17001 or 17501 of the public health code, 1978 PA 368, MCL
333.17001 and 333.17501.
(i) "Mixed martial arts exhibition" means a performance or
demonstration of mixed martial arts that meets all of the
following:
(i) The performance or demonstration is held at a promoter's
gym, dojo, or similar training facility or at a training center.
(ii) Participants in the performance or demonstration do not
pay a fee to participate.
(iii) Spectators do not pay a fee to attend the performance or
demonstration.
(j) "Prize" means money or another form of compensation or
reward offered or given to a contestant. The term does not include
a watch, medal, article of jewelry, trophy, or ornament that is
suitably inscribed to show that it is given for participation in a
contest or event and costs $200.00 or less.
(k) "Promoter" means an individual who produces or stages an
amateur mixed martial arts contest or event. The term does not
include the venue where a contest or event is held unless the venue
contracts with the individual promoter to be a copromoter.
(l) "Proper medical clearance" means a certification by a
medical professional that a contestant is fit to compete in a
contest.
(m) "Training center" means an institution formed or operated
principally to provide instruction in mixed martial arts.
Sec. 72. This article does not apply to any of the following:
(a) Amateur wrestling.
(b) Amateur martial arts sports or activities held by and at a
public or private training center.
(c) A mixed martial arts exhibition.
(d) A contest or event conducted by or participated in
exclusively by an agency of the United States government, by a
school, college, or university, or by an organization composed
exclusively of those entities, if each contestant is an amateur.
Sec. 73. (1) The commission shall establish appropriate
disciplinary sanctions against licensees or other individuals who
violate this article or rules promulgated under this article.
(2) The commission shall meet as often as necessary to fulfill
its duties under this article.
(3) While serving as a member of the commission, an individual
shall not promote or sponsor any contest or event of amateur mixed
martial arts or have any financial interest in an entity that
promotes or sponsors any amateur mixed martial arts contests or
events.
Sec. 74. (1) Except as provided in section 73(1) concerning
the authority of the commission, the department is responsible for
administering and enforcing this article. All of the following
apply to the department's enforcement of this article:
(a) In enforcing this article, the department may initiate an
administrative or court action against an applicant or licensee or
take any other action against a licensee or his or her license that
is authorized under this article for a violation of this article.
(b) The department shall not take any action against an
applicant, licensee, or license under subdivision (a) more than 1
year after the occurrence of the violation of this article that is
the subject of the department's action.
(2) The amateur mixed martial arts fund is created in the
state treasury. All of the following apply to the fund:
(a) The department shall deposit into the fund all money
received from application fees, registration fees, license fees,
and administrative fines imposed under this article.
(b) The state treasurer shall direct the investment of the
fund. The state treasurer shall credit to the fund interest and
earnings from fund investments.
(c) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(d) The department is the administrator of the fund for
auditing purposes.
(e) The department shall expend money from the fund, upon
appropriation, to administer and enforce this article and for its
expenditures under this article.
(3) The director shall promulgate rules to set standards for
mixed martial arts exhibitions and to protect the health and safety
of contestants participating in contests and exhibitions. The
director may promulgate any additional rules he or she considers
necessary to administer and enforce this article. The director
shall promulgate any rules described in this subsection under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 75. (1) An individual shall not hold or conduct an
amateur mixed martial arts contest or event in this state or engage
in any other activity regulated under this article unless the
individual holds a promoter's license under this article or the
individual is exempt from licensure under this article.
(2) An individual seeking a license under this article shall
submit a license application to the department, in writing and
under oath, accompanied by a nonrefundable application processing
fee and an annual license fee. The application shall be made on a
form provided by the department and shall include the legal name,
street address, and telephone number of the applicant and any other
information reasonably required by the department.
(3) An annual license under this article shall expire on
September 30 of the calendar year following the year the license
was issued.
(4) Beginning on the effective date of this article, the
nonrefundable application fee required under this section is
$100.00 and the annual license fee required under this section is
$300.00. Beginning 1 year after the effective date of this article,
the director may biannually adjust the amount of the fees described
in this section based on the increase or decrease for the
immediately preceding 6-month period in the Detroit consumer price
index as reported by the United States Department of Labor.
Sec. 76. By filing an application for a license under this
article, an applicant does both of the following:
(a) Certifies his or her general suitability, character,
integrity, and ability to participate in, engage in, or be
associated with amateur mixed martial arts contests or events. The
burden of proof is on the applicant to establish that the applicant
possesses suitability, character, and integrity and is qualified to
promote and participate in mixed martial arts amateur contests or
events.
(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.
Sec. 77. (1) An applicant is ineligible to receive a
promoter's license under this article if he or she meets any of the
following:
(a) He or she was convicted of a felony that involved
violence, theft, fraud, or an element of financial dishonesty under
the laws of this state or any other jurisdiction in the United
States in the 5-year period preceding the application.
(b) He or she has an unsatisfied tax lien in the amount of at
least $5,000.00 under any federal, state, or local law at the time
of the application.
(c) He or she submitted an application for a license under
this article that contained false information.
(2) If the department does not issue an initial or renewal
license to an individual under this article, he or she may petition
the department and the commission for a review. The petition must
be in writing and set forth the reasons the petitioner believes
that the department should issue a license to him or her. The
department may issue a license to the petitioner if, based on a
review of the qualifications of the individual who submitted the
petition, the department and the commission determine that the
individual could perform as a promoter with competence.
Sec. 78. (1) An individual who fails to renew a license on or
before its expiration date shall not hold or conduct an amateur
mixed martial arts contest or event or advertise, operate, or use
the title "promoter" or "amateur promoter" after the expiration
date printed on the license.
(2) An individual who fails to renew a license on or before
its expiration date is permitted to renew the license within 60
days after the expiration date by meeting all requirements for
licensure under this article, paying the required license fee, and
paying a late renewal fee in the amount of $30.00. After that 60-
day period, the individual may only obtain a license under this
article by complying with the requirements of section 75.
(3) Except as provided in subsection (4) or otherwise provided
in this article, an individual may seek reinstatement of a license
under this article by filing an application on a form provided by
the department, paying the application processing fee and annual
license fee, and filing a petition with the department that states
the reasons reinstatement is appropriate and includes evidence that
the individual can and is likely to serve the public in the
regulated activity with competence and in conformance with all
other requirements prescribed by law, rule, or an order of the
department.
(4) If a license is revoked or suspended by the department
under this article, the department may reinstate the revoked
license or lift a suspension if it receives an application for
reinstatement and is paid any administrative fine assessed by the
commission.
Sec. 79. (1) In addition to the fees described in section 75,
a licensee shall pay a regulatory and enforcement fee of $200.00
for each amateur mixed martial arts event presented by the
promoter. The department shall deposit regulatory and enforcement
fees it receives under this section in the fund. By December 1 of
each year, the department shall report to the legislature the
amount of revenue generated by the regulatory and enforcement fee
in the preceding state fiscal year.
(2) A licensee who presents an amateur mixed martial arts
event in this state must comply with all of the following:
(a) At least 5 business days before the event, pay the
regulatory and enforcement fee described in subsection (1) and
provide notice to the department that describes the event. The
department shall prescribe the form and contents of the notice
described in this subdivision.
(b) Pay all obligations related to the normal course of
promoting an amateur mixed martial arts event, including, but not
limited to, venue rent and judge, medical professional, referee,
and timekeeper fees.
(c) Arrange for a medical professional to attend the event for
purposes of subsection (3)(k), and arrange for an alternate medical
professional to attend the event if the original medical
professional is unable to attend the event. The licensee shall
include the name of the medical professional and alternate medical
professional described in this subdivision in the notice provided
to the department under subdivision (a).
(d) Maintain records of the amateur mixed martial arts event
for at least 1 year after the date of the scheduled event and make
those records available to the department or law enforcement
officials on request.
(3) A licensee presenting an amateur mixed martial arts event
in this state shall ensure that all of the following are met in the
conduct of the event:
(a) Except as provided in subdivision (b), each individual
contest consists of not more than 3 rounds, of not more than 3
minutes' duration, with at least a 1-minute rest period between
each round.
(b) Each individual national or international championship
contest consists of not more than 5 rounds, of not more than 5
minutes' duration, with at least a 1-minute rest period between
each round.
(c) Each contestant wears gloves, supplied by the promoter,
that weigh at least 4 ounces and not more than 8 ounces.
(d) The referee examines the gloves worn by each contestant
before and during a contest. If the referee finds that a glove is
misplaced, lumpy, broken, roughed, or otherwise unfit, the
contestant must change the glove before the start of the contest.
(e) Before a contestant participates in a contest, he or she
is weighed and placed in the appropriate weight class. As used in
this subdivision and subdivision (f), "weight class" means 1 of the
following:
(i) Flyweight, if he or she weighs 125.9 pounds or less.
(ii) Bantamweight, if he or she weighs 126 pounds or more and
not more than 135 pounds.
(iii) Featherweight, if he or she weighs 135.1 pounds or more
and not more than 145 pounds.
(iv) Lightweight, if he or she weighs 145.1 pounds or more and
not more than 155 pounds.
(v) Welterweight, if he or she weighs 155.1 pounds or more and
not more than 170 pounds.
(vi) Middleweight, if he or she weighs 170.1 pounds or more and
not more than 185 pounds.
(vii) Light heavyweight, if he or she weighs 185.1 pounds or
more and not more than 205 pounds.
(viii) Heavyweight, if he or she weighs 205.1 pounds or more and
not more than 265 pounds.
(ix) Super heavyweight, if he or she weighs more than 265
pounds.
(f) a contestant only participates in a contest with another
contestant who meets 1 of the following:
(i) The second contestant is in the same weight class.
(ii) The second contestant is in the next higher weight class,
if the first contestant agrees to participate with that heavier
contestant.
(g) Professional mixed martial artists who are subject to the
Michigan unarmed combat regulatory act, 2004 PA 403, MCL 338.3601
to 338.3663, do not participate as contestants in a contest.
(h) A contestant does not participate in a contest unless the
contestant has submitted medical certification of negative results
for hepatitis B and C and HIV tests conducted within the 180-day
period preceding the scheduled contest or event.
(i) A female contestant does not participate in a contest
unless the contestant has submitted the results of a pregnancy test
performed on the contestant within the 7-day period preceding the
event and the results of that pregnancy test are negative.
(j) An individual is not allowed to participate as a
contestant without proper medical clearance.
(k) The event does not take place or continue without a
medical professional and an ambulance at the event.
(l) The event does not take place or continue without a trained
and competent referee.
(m) An individual is not allowed to participate in a contest
if there is any reason to suspect that he or she is impaired or has
used or uses performance-enhancing drugs. As used in this
subdivision:
(i) "Impaired" means the inability or immediately impending
inability of an individual to safely participate in an amateur
mixed martial arts contest or event due to his or her substance
abuse, chemical dependency, or use of drugs or alcohol that does
not constitute substance abuse or chemical dependency.
(ii) "Chemical dependency" means that term as defined in
section 16106a of the public health code, 1978 PA 368, MCL
333.16106a.
(iii) "Substance abuse" means that term as defined in section
16106a of the public health code, 1978 PA 368, MCL 333.16106a.
(n) A professional is not allowed to participate as a
contestant in the event.
(o) If an individual lost a mixed martial arts contest or
exhibition by a technical knockout in the 30-day period preceding
the event, he or she is not allowed to participate as a contestant
unless he or she submits the results of a physical examination to
the promoter that indicate that he or she is fit to compete.
(p) The medical professional at the event determines the
status of a contestant who is knocked out in an amateur mixed
martial arts contest or whose fight is stopped by the referee
because he or she received hard blows to the head that made him or
her defenseless or incapable of continuing immediately after the
knockout or stoppage. The medical professional may recommend post-
fight neurological examinations, which may include performing
computerized axial tomography (CAT) scans or magnetic resonance
imaging (MRI) on the contestant immediately after the contestant
leaves the event venue.
(q) A contestant described in subdivision (p) does not compete
in another contest without proper medical clearance.
(r) If a medical professional recommended further neurological
examinations of a contestant under subdivision (p), the contestant
does not compete in another contest until the promoter receives
copies of the examination reports and the reports demonstrate that
the contestant is fit to compete.
(s) A contestant who sustains a severe injury or knockout in a
contest is examined by a medical professional and is not permitted
to compete in another contest until a medical professional
certifies that the contestant is fully recovered.
(t) An individual who meets all of the following does not
participate as a contestant:
(i) He or she participated in a contest or exhibition in the
60-day period preceding the event.
(ii) In the contest or exhibition described in subparagraph
(i), he or she was knocked out or the contest or exhibition was
stopped because he or she received excessive hard blows to the
head.
(u) An individual who meets all of the following does not
participate as a contestant:
(i) He or she participated in multiple contests or exhibitions
before the event.
(ii) In any 90-day period, he or she was knocked out twice or 2
of his or her contests or exhibitions were stopped because he or
she received excessive hard blows to the head.
(iii) The second knockout or stoppage described in subparagraph
(ii) occurred in the 120-day period preceding the event.
(v) An individual who meets all of the following does not
participate as a contestant:
(i) He or she participated in multiple contests or exhibitions
before the event.
(ii) In any 12-month period, he or she was knocked out in 3
consecutive contests or exhibitions or 3 consecutive contests or
exhibitions were stopped because he or she received excessive hard
blows to the head.
(iii) The third knockout or stoppage described in subparagraph
(ii) occurred in the 1-year period preceding the event.
(w) If an individual was not allowed to participate as a
contestant in an earlier event because he or she met the
requirements of subdivision (t), (u), or (v) at the time of that
earlier event, he or she does not participate as a contestant
unless he or she provides the promoter with proper medical
clearance.
(x) Each contestant is insured for at least $10,000.00 for any
medical and hospital expenses, including deductibles paid by the
contestant, to cover injuries sustained in a contest and for at
least $10,000.00 to be paid in accordance with the statutes of
descent and distribution of individual property if the contestant
dies as a result of injuries received in a contest.
(y) Each contestant is at least 18 years of age.
(z) A contestant does not participate at more than 1 contest
at an event.
(aa) Each contestant in a contest is the same sex.
(bb) An individual does not participate as a contestant if he
or she participated in another contest in the 7-day period
preceding the event.
(cc) The results of each contest are reported to the
department within 48 hours after the conclusion of the event.
Sec. 80. (1) Before he or she participates in a contest or
exhibition, a contestant shall register with the department by
submitting a registration form with the department, that includes
his or her name, address, date of birth, and social security
number, accompanied by a nonrefundable registration processing fee
in the amount of $25.00 and an annual registration fee in the
amount of $25.00. A registration under this section expires at the
end of the calendar year in which the contestant submitted the
registration form. The department may prescribe the form and
contents of the registration form.
(2) The department shall assign a registration number to each
contestant that submits a registration form under subsection (1).
(3) In any notice, report, or other communication with the
department or commission that identifies or refers to a specific
contestant, including, but not limited to, the report of the
results of each contest under section 79(3)(cc), a licensee shall
include the registration number of that contestant assigned under
subsection (2).
(4) The department may revoke a contestant's registration if
he or she violates this section or provides false information in
his or her registration form.
Sec. 81. (1) An individual who does any of the following is
subject to the remedies and penalties described in this section:
(a) Violates this article or a rule promulgated or order
issued under this article.
(b) Practices fraud or deceit in obtaining a license.
(c) Practices fraud, deceit, or dishonesty in performing his
or her duties as a promoter.
(d) Practices false advertising.
(e) Fails to comply with a subpoena issued under this article.
(f) Fails to provide requested documents or records to the
department.
(g) Violates or fails to comply with a stipulation or
settlement agreement with or a final order issued by the department
or commission.
(h) Aids or abets another individual in promoting an amateur
mixed martial arts contest without a license.
(i) Fails to pay any obligation related to the normal course
of promoting an amateur mixed martial arts event, including, but
not limited to, venue rent or judge, medical professional, referee,
or timekeeper fees.
(j) Enters into a contract for an amateur mixed martial arts
contest or event in bad faith.
(k) Gambles on the outcome of an amateur mixed martial arts
contest or event of which he or she is a promoter.
(l) Fails to file current address information with the
department.
(m) Assaults another licensee, a commission member, or an
employee of the department.
(n) Tampers with or coerces another promoter's contestants.
(2) If a licensee violates this article or a rule or order
promulgated or issued under this article, the department may take 1
or more of the following actions:
(a) Place a limitation on his or her license.
(b) Suspend his or her license.
(c) Deny him or her a license or renewal of a license.
(d) Revoke his or her license.
(e) Assess an administrative fine under section 87.
(f) Censure the licensee.
(g) Require that he or she pay restitution, based on proofs
submitted to and findings made by the hearings examiner after a
contested case. If restitution is required and the individual is a
licensee, the department may suspend his or her license until the
restitution is paid.
(3) An individual who violates this article is guilty of a
misdemeanor punishable by imprisonment for not more than 93 days or
a fine of not more than $500.00, or both.
(4) An individual who violates this article a second or any
subsequent time is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(5) An individual who 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
imprisonment for not more than 3 years or a fine of $10,000.00 per
incident, or both.
(6) The department may bring an injunctive action in a court
of competent jurisdiction to restrain or prevent an individual from
violating this article. If successful in obtaining injunctive
relief, the department is entitled to its costs and reasonable
attorney fees.
(7) The department may conduct an investigation to enforce
this article. An individual who violates this article is subject to
the penalties and remedies described in this section.
(8) The penalties and remedies under this section are
independent and cumulative. The imposition of a remedy or penalty
against an individual under this section does not bar the pursuit
of any lawful remedy by that individual or the pursuit of a lawful
remedy by any other person against that individual.
Sec. 82. (1) Any person may file a written complaint with the
department alleging that an individual has violated this article or
a rule promulgated or an order issued under this article.
(2) If the department receives a complaint described in
subsection (1), the department immediately shall begin and pursue
an investigation of the allegations of the complaint. The
department shall acknowledge the complaint in writing within 15
days after it receives the complaint.
(3) For purposes of its investigation under this section, the
department may administer oaths; take testimony under oath; require
the appearance and testimony of witnesses, including the production
of books, records, or other documents; or 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.
(4) If the department determines after conducting an
investigation under this section that there is not sufficient
evidence that there was a violation of this article or a rule
promulgated or an order issued under this article by the
respondent, the department shall close the complaint. The
department shall provide its reasons for closing the complaint to
the complainant, who then may provide additional information to
reopen the complaint, and to the respondent.
(5) If the department determines after conducting an
investigation under this section that there is sufficient evidence
that there was a violation of this article or a rule promulgated or
an order issued under this article by the respondent, the
department or the department of attorney general shall take
appropriate action against the respondent, which may include any of
the following:
(a) Issuing a formal complaint.
(b) Obtaining a cease and desist order.
(c) Issuing an order of summary suspension under section 83.
(d) Seeking injunctive relief under section 81(6).
(6) At any time during its investigation or after it issues a
formal complaint, the department may meet with the complainant and
the respondent for an informal conference. At the meeting, 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. 83. (1) After it conducts an investigation under section
82, 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 amateur mixed martial arts, the public
interest, or the welfare and safety of a contestant exists.
(2) If a promoter's license is summarily suspended under this
section, the promoter may petition the department to dissolve the
suspension order. After receiving a petition to dissolve a
suspension order, the department shall immediately schedule a
hearing to decide whether to grant or deny the requested relief.
(3) After the hearing concerning a petition to dissolve a
suspension order under subsection (2), the administrative law
hearings examiner 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.
(4) 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.
Sec. 84. (1) If the department conducts an investigation under
section 82, the department after the investigation may order a
person to cease and desist violating this article or a rule
promulgated or order issued under this article.
(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 article, 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. 85. (1) A summary suspension order under section 83, a
cease and desist order under section 84, or injunctive relief
issued or granted in an action under section 81(6) concerning a
license is in addition to and not in place of an informal
conference; criminal prosecution; proceeding to impose a remedy
described in section 81(2); or any other action authorized under
this article.
(2) If the department conducts an investigation and prepares
or receives a formal complaint under section 82, 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 article, 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 any remedy under section 81(2) or any other remedy
authorized under this article. 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 section does not prevent a person against whom a
complaint is filed from showing compliance with this article or a
rule promulgated or order issued under this article.
(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. 86. (1) At the conclusion of a contested case hearing
conducted under section 85, 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 a penalty or remedy under this
article.
(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 penalty or remedy is appropriate. 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 remedy to assess under this article
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
remedy to assess within the time period described in subsection
(3), the director may determine the appropriate remedy or 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. 87. (1) If a licensee violates this article or a rule or
order promulgated or issued under this article, the department may
impose an administrative fine on the licensee, in an amount of not
more than $10,000.00 per violation. The commission may impose the
administrative fine in addition to, or in lieu of, any other
penalty or remedy under this article, including, but not limited
to, the penalties and remedies described in section 81, based on
proofs submitted to and findings made by the hearings examiner
after a contested case.
(2) If the department imposes an administrative fine under
this section, the department may also recover the costs of the
proceeding, including investigative costs, court costs, and
reasonable 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,
court costs, and reasonable attorney fees. The filing of an action
to recover administrative fines and costs does not bar the
imposition of other penalty or remedy under this article.
Enacting section 1. Sections 62 and 63 of the Michigan unarmed
combat regulatory act, 2004 PA 403, MCL 338.3662 and 338.3663, are
repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.