2013 ORS § 463.185¹
Authority of superintendent to enforce chapter
- • revocation, suspension and denial of licenses
- • hearing
- • civil penalty
- • rules
(1) The Superintendent of State Police shall have the sole jurisdiction and authority to enforce the provisions of this chapter. The superintendent or the designee of the superintendent may investigate any allegations of activity that may violate the provisions of this chapter.
(2) The superintendent or the designee of the superintendent is authorized to enter at reasonable times and without advance notice, any place of business or establishment where activity alleged to be in violation of this chapter may occur.
(3) The superintendent may revoke or suspend the license of any judge, professional boxer or mixed martial arts competitor, manager, referee, timekeeper, second, matchmaker or promoter for:
(a) Violating this chapter or any rule adopted under this chapter.
(b) Engaging in an activity regulated under this chapter in connection with a boxing or mixed martial arts event that is not approved by the superintendent.
(c) Participating as a contestant in a boxing or mixed martial arts event if another contestant is either unlicensed by the superintendent or has been determined to be medically unqualified as provided in ORS 463.047 (Assignment of medical personnel to event).
(d) Participating as an official in a boxing or mixed martial arts event if a contestant is either unlicensed by the superintendent or has been determined to be medically unqualified as provided in ORS 463.047 (Assignment of medical personnel to event).
(e) Failing to comply with a valid order of the superintendent.
(f) Aiding and abetting violations of this chapter or rules adopted under this chapter.
(g) Being convicted of a crime that bears upon the exercise of the privileges granted to the holder of the license.
(4) The superintendent shall deny an application for a license when the applicant does not possess the requisite qualifications.
(5) The superintendent may hold a hearing regarding allegations that any person has violated or failed to comply with this chapter.
(6) In addition to the denial, revocation or suspension of a license, the superintendent may order the forfeiture of the payment of the purse or any portion of the purse of any professional boxer or mixed martial arts competitor or manager for the violation of any provision of this chapter or any rule adopted pursuant to this chapter.
(7)(a) The superintendent may impose a civil penalty in an amount not to exceed $100,000, to be paid by any promoter, matchmaker, professional boxer or mixed martial arts competitor, manager or any other participant licensed by the superintendent, for the violation of this chapter or any rule adopted pursuant to this chapter. The penalty shall be deposited in the subaccount of the State Police Account established under ORS 181.175 (State Police Account).
(b) The Oregon State Athletic Commission shall recommend, and the superintendent shall adopt without change, rules that establish a method for determining the amount of a civil penalty assessed under this subsection. The rules must include, but need not be limited to, consideration of the gross receipts from the sale of tickets if the violation is related to an event, the severity of the violation for which the penalty is to be imposed and the number of previous violations committed by the person on whom the penalty is to be imposed.
(8) When conducting a contested case hearing under ORS chapter 183 held pursuant to this chapter, the superintendent or designee of the superintendent may administer oaths to witnesses, receive evidence and issue subpoenas to compel the attendance of witnesses and the production of papers and documents related to matters under investigation.
(9) The commission shall recommend, and the superintendent shall adopt without change, rules requiring contracts between professional boxers or mixed martial arts competitors and managers or promoters to conform to standards determined by the commission to protect the best interests of contestants and the public. The rules must include, but need not be limited to, a requirement that each contestant shall receive at least 66-2/3 percent of that contestants contracted portion of the gross purse for each event in which the professional boxer or mixed martial arts competitor participates. A professional boxing or professional mixed martial arts event may not take place in this state unless the superintendent determines that the contractual arrangements for the event conform to the rules adopted under this subsection.
(10) The provisions of this section do not apply to a promoter of or a participant in entertainment wrestling. [1987 c.789 §10; 1991 c.211 §7; 1993 c.742 §127; 1993 c.744 §212; 2003 c.142 §6; 2007 c.585 §16]