TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 6 BOXING, WRESTLING, AND MARTIAL ARTS
PART 16 DISCIPLINARY ACTIONS
15.6.16.1 ISSUING AGENCY: New Mexico
Athletic Commission
[15.6.16.1 NMAC - N, 03-23-2002]
15.6.16.2 SCOPE: The
provisions in Part 16 apply to all licensees of the commission.
[15.6.16.2 NMAC - N, 03-23-2002]
15.6.16.3 STATUTORY AUTHORITY: Part 16 of
Chapter 6 of Title 15 is promulgated pursuant to the Professional Athletic
Competition Act, Sections 60-2A-1 through 60-2A-30, NMSA 1978 (1980 Repl.
Pamp.); specifically Sections 60-2A-4, 60-2A-8, 60-2A-10, 60-2A-13, 60-2A-14,
60-2A-15, 60-2A-19, 60-2A-27, 60-2A-28, and 60-2A-31.
[15.6.16.3 NMAC - N, 03-23-2002]
15.6.16.4 DURATION: Permanent.
[15.6.16.4 NMAC - N, 03-23-2002]
15.6.16.5 EFFECTIVE DATE: March 31,
2002, unless a later date is cited at the end of a section.
[15.6.16.5 NMAC - N, 03-23-2002]
15.6.16.6 OBJECTIVE: Set forth the
disciplinary authority of the commission over its licensees and disciplinary procedures
and actions that the commission’s licensees are subject to.
[15.6.16.6 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.7 DEFINITIONS:
A. “Complaint”
means a complaint filed with the commission against a licensee or an applicant
for licensure.
B. “Complainant”
means a party who files a complaint against a licensee or against an applicant
for licensure.
C. “Respondent”
means the licensure applicant or the licensee who is the subject of the
complaint filed with the commission.
D. “Hearing”
means the formal process whereby the respondent is afforded the opportunity to
be heard by the commission, or its designated hearing officer, before the
commission takes action which might result in disciplinary action against the
respondent’s license or application for license.
E. “Violation”
means a violation of the Professional Athletic Competition Act or the rules and
regulations adopted by the commission
F. “Notice of Contemplated Action” or “NCA”
means the process whereby the respondent is notified of the Commission’s intent
to take action against the respondent’s license, and whereby the respondent is
afforded the opportunity for a hearing.
G. “Shall”
means mandatory; a requirement.
H. “Should”
means a suggestion or recommendation; not a requirement.
I. “License
Revocation” means to rescind a license, thus barring conduct authorized by
the license.
J. “License
Suspension” means to prohibit, for a limited and specified stated period of
time, the conduct authorized by the license.
[15.6.16.7 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.8 AUTHORITY OF COMMISSIONER OR
DEPUTY:
A. The
commission may, in its discretion, take the following action or any combination
of such actions deemed appropriate:
(1) Suspend
the license for a period of time deemed appropriate.
(2) Revoke
the license.
(3) Order
future compliance and any remedial action as determined by the commission.
(4) Refer alleged violations of Sections
60-2A-27 through 32 NMSA 1978 to the office of the district attorney in the
judicial district in which the alleged violation(s) occurred.
B. Each
commissioner, shall have full power to act as an official on behalf of the
commission at all contests and exhibitions to fully enforce all of the rules of
the commission. Furthermore, each
commissioner has the power and authority to immediately suspend a license,
without prior notice, for any violation of this chapter of the laws of this
state, if doing so is necessary in the interest of protection the health and
safety of the unarmed combatant or any
member of the public.
[15.6.16.8 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.9 VIOLATORS SUBJECT TO DISCIPLINARY
ACTION: Any
commission licensee or permit holder who violates the laws of the state of New
Mexico or the rules and regulations of the commission, may have his license or
permit revoked, suspended, fined or otherwise disciplined, in such a manner as
the commission may direct.
[15.6.16.9 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.10 LICENSE OR PERMIT SUSPENSION: In addition
to the power of any commissioner to immediately suspend a license under
15.6.16.8 NMAC, the commission may suspend any license or permit it has issued
by issuing a dated notice to that effect, served by certified mail, return
receipt requested to the licensee or permit holder.
A. Such
suspension shall be without any advance hearing and shall take effect upon
issuance of such notice of suspension by the commission, if such suspension is
necessary in the interest of protecting the health and safety of the public.
B. The
notice shall specify the effective date and term of the suspension.
C. The
suspended licensee or permit holder shall be provided a hearing on the matter
within 20 days of the date the notice of suspension is served. Such hearing
shall be held to determine whether the suspended license or permit shall be
revoked as specified in this section.
D. The
notice of suspension must be in writing and must be served on the respondent(s)
within three business days from the date the license or permit was suspended by
the commission or from the date the license or permit was suspended by a
commissioner.
[15.6.16.10 NMAC - N, 03-23-2002; A, 01-15-2015; A,
01-15-2017]
15.6.16.11 LICENSE OR PERMIT REVOCATION: Before the
commission may revoke a license or permit, the subject licensee or permit
holder shall be served, by certified mail, return receipt requested, a notice
of contemplated action (“NCA”) to revoke the license.
A. In
the NCA, the respondent will be advised of their right to request a hearing on
the revocation, in which they can appear before the commission or hearing
officer appointed by the commission. Such request for a hearing must be made by
the respondent within twenty (20) days from the date the NCA was served on the
respondent. Respondents must be notified in the NCA of their right to be
represented by counsel, to present relevant evidence, and to examine all
opposing witnesses who may testify at their hearing.
B. The
NCA shall state the alleged misconduct upon which the contemplated license or
permit revocation is based.
C. The respondent may appear in person or
be represented by his attorney to answer to the charges specified in the NCA
and to show cause as why his license or permit should not be revoked.
D. At
any stage of the hearing proceedings, the commission may require the respondent
to take the stand and give sworn testimony.
E. All
witnesses, and respondents must testify under oath at any disciplinary hearing
convened and conducted by the commission.
The oath may be administered by any commissioner present or by the court
reporter, if one is available to record the proceedings.
F. The
commission or designated hearing officer shall be the sole judge of the
relevancy and competency of the testimony given, the credibility of the
witnesses, and the sufficiency of the evidence presented.
G. In
the event that the respondent does
not appear at the scheduled hearing; or if having appeared, the facts and
evidence presented at the hearing warrant, in the discretion of the commission,
a revocation of the license or permit, the license or permit shall be revoked
and a notice of revocation shall be promptly served on the licensee by
certified mail, return receipt requested.
[15.6.16.11 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.12 FORFEITURE OF PURSE:
A. The commission shall have the power to declare
forfeiture of any purse, or any part or share thereof, belonging to both or
either of the contestants or of any manager, if it has reason to believe such
contestant or contestants, or manager of the contestant or contestants, has
committed an act in violation of any rules or regulation of the commission.
B. The amount forfeited shall be paid to the commission
within forty-eight (48) hours of the declaration of forfeiture. The commission shall hold the purse until
there is a final determination whether a violation has been committed.
[15.6.16.12 NMAC - N, 03-23-2002]
15.6.16.13 IMPOSITION OF FINES: The commission
may, in its discretion impose fines for violations of the laws of the state of New Mexico or of the
commission’s rules and regulations (15.6 NMAC).
In the event that the licensee has a fine imposed upon his license by
the commission, the commission may, in its discretion, suspend the license
until the fine has been paid.
[15.6.16.13 NMAC - N, 03-23-2002]
15.6.16.14 SETTLEMENTS:
A. Settlements
are encouraged. Settlements upon terms that are consistent with the provisions
of this act are encouraged at any stage of disciplinary proceedings.
Settlements are negotiated by the administrative prosecutor on behalf of the
commission.
B. Content
of settlement agreements. Every proposed settlement agreement shall:
(1) state how each violation of the
Professional Athletic Competition Act and the rules and regulations of this
commission are affected by the settlement;
(2) if
the settlement is contingent upon certain action by the respondent, describe
the contingency and the consequences of the respondents failure to meet the
contingency;
(3) if
the settlement is not intended as a full and complete settlement of all issues
in the case, list those issues not settled; and
(4) bear
the signature and date of signature of the commission’s administrative
prosecutor and the respondent(s).
C. Presentation
to the commission. All settlement agreements must be presented to the
commission whereupon the commission must either accept or reject the
settlement. Without commission approval, the settlement will have no legal
effect.
(1) Upon
approval by the commission, the chairman shall sign and date the settlement
agreement.
(2) The
commission administrator shall file the authorized settlement agreement with
the commission.
[15.6.16.14 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.16.15 WITHHOLDING OF PURSE: In
accordance with Section 60-2A-19 of the Professional Athletic Competition Act,
the commission delegates to the chairman or his designee, the authority to
order a promoter to withhold any part of a purse or other funds belonging or
payable to any contestant, manager or second, if in the judgment of the chairman
or his designee, there has been a violation of the act or of the commission’s rules
and regulations (15.6 NMAC).
A. Upon
the withholding of any part of a purse, the
commission will inform the licensee in writing of the alleged violation(s), the
rights of the licensee, and schedule a hearing at the next regularly scheduled commission
meeting.
B. If the commission determines after a hearing that the
licensee is not entitled to any part of the purse or other funds, the withheld
purse or funds shall not be returned to the promoter, but shall be deposited in
the commission’s funds.
[15.6.16.15 NMAC - N, 03-23-2002]
15.6.16.16 SEVERABILITY REMEDIES: If anything
designated herein shall be held contrary to the law or unconstitutional, the
action taken shall be changed to suspension of less than one (1) month and not
more than one (1) year for each offense, and the penalties for multiple
violations are to run consecutively.
[15.6.16.16 NMAC - N, 03-23-2002]
15.6.16.17 COMMISSION BULLETINS: The commission
shall, from time to time, issue bulletins regarding suspension, revocations,
fines, penalties, and promulgation of rules and regulations. All licensed corporations and matchmakers
must keep the commission bulletin on file.
[15.6.16.17 NMAC - N, 03-23-2002]
15.6.16.18 SUSPENSIONS REPORTED NATIONALLY:
A. The commission shall report nationally all suspensions,
except those imposed locally for minor infractions of local rules.
B. The
commission shall report any suspensions to championship sponsoring
organizations within ten (10) days of the suspension.
[15.6.16.18 NMAC - N, 03-23-2002]
15.6.16.19 COSTS OF DISCIPLINARY ACTIONS: Licensees shall bear all costs of disciplinary proceedings
unless they are excused by the board from paying all or part of the costs, or
if they prevail a the hearing and an action specified in Section 61-1-3 NMSA
1978 is not taken by the commission.
[15.6.16.19 NMAC - N, 03-23-2002]
HISTORY of
15.6.16 NMAC:
Pre-NMAC
History:
Material in the part was derived from that previously
filed with the commission of public records - state records center and
archives:
NMAC 80-1, The Commission, Its Powers and Procedures,
filed 9-24-80;
Those relevant portions of NMAC Rule 92-2, The
Commission, Its Powers and Procedures, filed 8-17-92;
NMAC Rule 92-17, Disciplinary Actions, filed 8-17-92.
History of
Repealed Material:
NMAC Rule 92-2 (aka 15 NMAC 6.1), The Commission, Its
Powers and Procedures, filed 8-17-92; repealed
effective 03-23-2002.
NMAC Rule 92-17 (aka 15 NMAC 6.16), Disciplinary
Actions, filed 8-17-92; repealed
effective 03-23-2002.
Other History:
NMAC Rule 92-2 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.1 and named General Provisions;
NMAC Rule 92-17 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.16 and renamed Disciplinary Actions;
15.6.16 NMAC, Disciplinary Actions, replaced 15 NMAC
6.16, Disciplinary Actions, effective 03-23-2002.