STATE OF WISCONSIN
Department of Safety and Professional Services
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ORDER OF THE DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICES
ADOPTING EMERGENCY RULES
The statement of scope for this rule, SS 029-16, was approved by the Governor on April 21, 2016, published in Register 725A1 on May 2, 2016, and approved by the Department of Safety and Professional Services on May 13, 2016. This emergency rule was approved by the Governor on March 15, 2017
ORDER
An order of the department to repeal chs. SPS 110 to 116 and repeal and recreate ch. SPS 192, relating to unarmed combat sports. Analysis prepared by the Department of Safety and Professional Services.
FINDING OF EMERGENCY
The Department of Safety and Professional Services finds that an emergency exists and that this rule is necessary for the immediate preservation of the public peace, health, safety, or welfare. A statement of facts constituting the emergency is:
This rule will, as required by 2015 Wisconsin Act 277, expand current regulation of professional boxing and mixed martial arts fighting to all other unarmed combat sports. As other forms of fighting that fall under the definition of unarmed combat sports pose a comparable risk of serious injury or death to that of professional boxing and mixed martial arts fighting, the expanded regulation provided by this rule is in the best interest of public health and safety.
As under normal rule-making procedures the expanded regulation will not be in place until after 2015 Wisconsin Act 277 takes effect on March 1, 2017, an expeditious promulgation of this rule is needed to ensure public health and safety. ANALYSIS
Statutes interpreted:
Statutory authority:
Sections 440.03 (1), (1m), and (7m), 444.02 (2), 444.035, 444.04, 444.06, 444.095 (3), 444.11, 444.19, and 444.22, Stats. Explanation of agency authority:
Section 440.03 (1), Stats., authorizes the department to “promulgate rules defining uniform rules to be used by the department . . . for receiving, filing and investigating complaints, for commencing disciplinary proceedings and for conducting hearings.” Section 440.03 (1m), Stats., provides the department may “promulgate rules specifying the number of business days within which the department or any examining board or affiliated credentialing board in the department must review and make a determination on an application for a permit, as defined in s. 227.116 (1g), that is issued under chs. 440 to 480.” Section 440.03 (7m), Stats., authorizes the department to “promulgate rules that establish procedures for submitting an application for a credential or credential renewal by electronic transmission.” Section 444.02 (2), Stats., authorizes the department to “issue, and for cause limit, suspend, or revoke, a license to conduct professional contests or amateur unarmed combat sports contests to any promoter or incorporated club formed as provided in this chapter” and to “reprimand a promoter or club for violating this chapter or any rule of the department.” Under section 444.035, Stats., the department must “by rule require a promoter or club conducting a professional contest or unarmed combat sports contest to post a bond or other surety in a reasonable amount determined by the department to ensure payment of the promoter’s or club’s expenses in conducting the contest, including payments to contestants and to the department.” Section 444.04, Stats., authorizes the department to “limit, suspend, revoke, or assess a forfeiture to the promoter or club” for failure to furnish an accurate written report to the Department after an unarmed combat sports contest, showing the number of tickets sold, the amount of the gross proceeds, and all other information the Department requires by rule to be included in the report. Section 444.06, Stats., requires the department to “appoint official inspectors” for unarmed combat sports contests and states that “at least one inspector shall be present at all professional contests and all amateur unarmed combat sports contests and see that the rules are strictly observed,” and authorizes the Department to require a promoter or club to pay for inspectors. Section 444.095 (3), Stats., requires the department to “promulgate rules that establish all of the following with respect to unarmed combat sports contests: (a) Qualifications and fees for licensure of referees and judges for unarmed combat sports contests. (b) Requirements for regular health examinations of unarmed combat sports contestants, including all of the following: 1. Annual physical examinations by physicians and annual eye examinations by physicians who are board-certified ophthalmologists. 2. Annual screening for HIV, hepatitis B, and hepatitis C. 3. For female contestants, pregnancy tests before contests. (c) Policies prohibiting contestants from using drugs, including anabolic steroids, and mandating drug testing of contestants.” Section 444.11, Stats., authorizes the department to “grant licenses . . . to matchmakers, managers, referees . . . unarmed combat sports contestants, seconds, and timekeepers in professional contests and amateur unarmed combat sports contests.” Section 444.19, Stats., authorizes the department to “by rule adjust the fees under this chapter to account for changes in the department’s costs in administering and enforcing this chapter.” Section 444.22, Stats., provides the department “may promulgate any rules necessary to implement and enforce this chapter.” Related statutes or rules:
None.
Plain language analysis:
The rules reflect the provisions of 2015 Wisconsin Act 277, which requires the department to regulate all unarmed combat sports. As provided under s. 444.01 (5), Stats., “unarmed combat sports" means any form of fighting in which the objective is for a contestant to injure, disable, or incapacitate one's opponent, but does not include any fighting in a contest for which the rules prohibit a contestant from striking an opponent's head.
