38 Neb. Admin. Code, ch. 1, § 001

Current through September 17, 2024

Section 38-1-001 - DEFINITIONS

001. - DEFINITIONS. The following definitions shall apply throughout these rules and regulations.

001.01 Amateur means a contestant at least 18 years of age who, in the judgment of the Commissioner, has limited skills, who has not competed for a cash prize or received compensation to compete or participate in any professional competition in any combat sport, and who has not entered into a contract with a promoter or manager to receive a fee for competing.

001.02 Association of Boxing Commissions and Combative Sports or ABC Boxing means the organization made up of members from state and tribal athletic commissions from the United States and Canada that provides a framework for undertaking boxing and MMA bouts and recordkeeping.

001.03 Attending physician means a Doctor of Medicine or Doctor of Osteopathy who is licensed by the Commissioner and licensed to practice medicine in Nebraska.

001.04 Bout means a contest that is organized by rounds whereby two individuals compete in a regulated sport.

001.05 Commission means the Office of the State Athletic Commissioner as defined in Neb. Rev. Stat. § 81-8,128.

001.06 Commission official means the State Athletic Commissioner, Deputy State Athletic Commissioner, an inspector, or other representative of the State Athletic Commissioner.

001.07 Complimentary Ticket means a ticket or pass which is available to the general public and which is stamped "complimentary," "free," or where the face value is indicated as $ 0.00, excluding any ticket provided in conjunction with a sponsorship or advertising package.

001.08 Contestant means a competitor in a regulated sport.

001.09 Contested case means a proceeding before the Commission in which the legal rights, duties, or privileges of specific parties are required by law or constitutional right to be determined after a Commission hearing.

001.10 Disciplinary action includes, but is not limited to, revoking or suspending a license, suspending a contestant from competing in events, causing a bout to be forfeited, ejecting a licensee or other person from a venue, preventing an event or bout, stopping an on-going event or bout, or fining any licensee, except amateur athletes, to the extent such fine is permitted by law.

001.11 Event means a series of bouts as organized by a promoter.

001.12 Event permit means an approval of an application for an event, which includes the date and location of the event.

001.13 Ex parte communication shall mean an oral or written communication which is not on the record in a contested case with respect to which reasonable notice to all parties was not given. Ex parte communication shall not include:

001.13(A) Communications which do not pertain to the merits of a contested case;

001.13(B) Communications required for the disposition of ex parte matters as authorized by law;

001.13(C) Communications in a ratemaking or rulemaking proceeding; and

001.13(D) Communications to which all parties have given consent.

001.14 Hearing officer means the person or persons conducting a hearing, contested case, or other proceeding pursuant to the Administrative Procedure Act, whether designated as the presiding officer, administrative law judge, or some other title designation.

001.15 Inspector means a representative of the Commissioner who enforces the rules and regulations promulgated by the Commissioner.

001.16 Judge means a person licensed by the Commissioner to score one (1) or more rounds of a regulated sport.

001.17 Kickboxing means a standing, unarmed athletic competition, organized by rounds, in which two contestants utilize kicking and punching techniques, and which either (1) adheres to the Unified Rules of Professional Kickboxing or (2) is recognized as a sport and sanctioned by a bona-fide professional kickboxing sanctioning organization.

001.18 Knockout or KO means a referee has determined that a contestant either lost consciousness or was unable to rise to his or her feet within a specified period of time due to a legal strike from an opponent.

001.19 Licensing year means the period beginning on July 1 and ending at 11:59 p.m. on June 30.

001.20 Low blow means an illegal strike that lands below a contestant's waist.

001.21 Manager means the person who acts as a contestant's representative to negotiate bouts and contracts.

001.22 Martial Arts means any of several arts of combat and self-defense that are recognized and practiced as a sport including, but not limited to; boxing, wrestling, kickboxing, karate, judo, taekwondo, aikido, jujutsu, krav maga, muay thai, and kung fu.

001.23 Matchmaker means a person licensed to match two (2) contestants.

001.24 Mixed Martial Arts or MMA means an unarmed combat sport in which two (2) competitors seek to achieve dominance over each other by utilizing a combination of permitted martial arts techniques from disciplines of martial arts including, but not limited to, grappling, kicking, and striking.

001.25 Non-sanctioned fight means any MMA, boxing, bare-knuckle boxing, kickboxing, or other combat sport involving striking, kicking, or grappling which is not regulated or overseen by a state, provincial, or tribal regulatory body.

001.26 Party means the person by or against whom a contested case is brought or a person allowed to intervene in a contested case.

001.27 Petition means the initial document filed by or with the Commission that sets forth a claim and request for Commission action.

001.28 Physician means a Doctor of Medicine or Doctor of Osteopathy licensed to practice in the state in which he or she conducts diagnostic blood tests, physical examinations, or other medical procedures.

001.29 Professional means a contestant who is or has been paid for competing in his or her event. A professional may not compete as an amateur under any circumstance.

001.30 Professional kickboxing sanctioning organization means a national or international organization that is generally recognized within the kickboxing community and that;

(1) ranks kickboxing competitors within each weight class;

(2) sanctions and approves championship bouts in those weight classes; and

(3) and awards championship status and championship prizes (belts, rings, plaques, etc.) to the winner of those bouts.

001.31 Promoter means a person or entity that is licensed to conduct events. The term promoter includes any association, corporation, organization, club, partnership, or other entity that organizes and conducts events and any employee thereof.

001.32 Referee means a person licensed by the Commissioner to ensure that a bout is conducted according to the appropriate rules.

001.33 Referee stops contest strikes or RSC strikes means a referee in an MMA contest has determined that a contestant has been subjected to a legal strike or blow which prevents him or her from safely continuing or is being subjected to a series of legal strikes or blows and is unable to effectively defend himself or herself.

001.34 Regulated sport means professional boxing, professional bare-knuckle boxing, professional kickboxing, or amateur or professional MMA.

001.35 Revocation means to indefinitely terminate all rights associated with a license. Once a license is revoked, the person or entity is ineligible to reapply for a license until at least two (2) years have elapsed.

001.36 Ring means the area in which a bout is held, whether referred to as a boxing ring, MMA octagon, cage, or other appellation.

001.37 Sanctioned bout means a bout that is regulated and overseen by a state or tribal athletic commission.

001.38 Second means the person or persons who are licensed and authorized to sit in a designated ringside area in order to coach and provide other assistance to a contestant and who may to stop a bout if, in the opinion of the second, the contestant is unable to safely continue.

001.39 Sponsorship or advertising package means the goods or services received by a person or entity which makes a payment to a licensee in return for placing advertising at or during media coverage of an event.

001.40 Sponsorship ticket means any ticket, pass, or right of entry provided as part of a sponsorship or advertising package.

001.41 State Athletic Commissioner or Commissioner means the person appointed by the Governor to enforce Neb. Rev. Stat. §§ 81-8,128 through 81-8,142.01 and to adopt and enforce any rules or regulations issued thereunder, or his or her duly authorized representative.

001.42 Suspension means to temporarily terminate all rights associated with a license. If the term of a suspension extends into the next licensing period, the individual or entity is ineligible to reapply until the term of the license revocation ends.

001.43 Technical decision means the official result of a bout when (1) a bout is stopped due to injury before the scheduled end and (2) one contestant is awarded the win as based on the judges' scorecards.

001.44 Technical draw means the official result of a bout when a bout is stopped due to injury before the scheduled end and no contestant is determined to be the winner.

001.45 Technical knockout or TKO means the official result when the referee stops a bout because (1) a contestant is not intelligently defending himself or herself or (2) a contestant has sustained an injury from a legal maneuver and is unable to safely continue.

001.46 Timekeeper means a person licensed to signal when a round is over and when 10 seconds of a round remains.

001.47 Unified Rules of Kickboxing means the applicable rule set adopted by ABC Boxing.

001.48 Unified Rules of Mixed Martial Arts or Unified Rules means the applicable rule set adopted by ABC Boxing.

001.49 Unified Rules of Boxing means the applicable rule set adopted by ABC Boxing.

001.50 Weigh-in means the official recording of a contestant's weight prior to a bout.

38 Neb. Admin. Code, ch. 1, § 001

Sections 81-8,128, 81-8,129, 81-8,130, 81-8,130.01, 81-8,131, 81-8,132, 81-8,133, 81-8,133.01, 81-8,134, 81-8,135, 81-8,136, and 81-8,137, R.R.S., 2014.

Amended effective 3/21/2022