§ 63C-11-308. Rules for the conduct of contests.

(1) The commission shall adopt rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for the conduct of contests in the state.

(2) The rules shall include:

(a) authority for:

(i) stopping contests; and

(ii) impounding purses with respect to contests when there is a question with respect to the contest, contestants, or any other licensee associated with the contest; and

(b) reasonable and necessary provisions to ensure that all obligations of a promoter with respect to any promotion or contest are paid in accordance with agreements made by the promoter.

(3)

(a) The commission may, in its discretion, exempt a contest and each contestant from the definition of unprofessional conduct found in Subsection 63C-11-102(25)(f) after:

(i) a promoter requests the exemption; and

(ii) the commission considers relevant factors, including:

(A) the experience of the contestants;

(B) the win and loss records of each contestant;

(C) each contestant's level of training; and

(D) any other evidence relevant to the contestants' professionalism and the ability to safely conduct the contest.

(b) The commission's hearing of a request for an exemption under this Subsection (3) is an informal adjudicative proceeding under Section 63G-4-202.

(c) The commission's decision to grant or deny a request for an exemption under this Subsection (3) is not subject to agency review under Section 63G-4-301.

Repealed and Re-enacted by Chapter 369, 2009 General Session