Current through Register Vol. 54, No. 45, November 9, 2024
Section 15.7 - Disciplinary action(a) If the Executive Director determines that a confirmed positive test result exists, the Director will:(1) Rule that the boxer will not be permitted to participate in the contest if test results are available prior to the contest.(2) Rule that the bout will be declared a no contest if test results are not available until after the contest and the boxer is the winner of the contest.(3) Recommend to the Commission that the boxer will forfeit to the Commission all, or a part of, purses or prizes which he may have earned from that day's event.(4) Inform the Commission that the boxer will be subject to the disciplinary action in subsection (b).(b) Disciplinary action for a boxer with a confirmed positive test result shall be set forth in a written order and will be as follows:(1)First occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a) (relating to preliminary suspension of licenses or permits), and a civil penalty of $100. If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8 (relating to procedural rules; Commission review), the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer's license for 30 days in accordance with 5 Pa.C.S. § 1304(a) (relating to suspension or revocation of licenses or permits). In addition, after the suspension period but before being allowed to participate in a subsequent contest, the boxer will be required to submit to a test. If that test or a subsequent test results in a second confirmed positive test result, the boxer will be subject to the disciplinary action in paragraph (2).(2)Second occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a), and a civil penalty of $200. If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer's license for 90 days in accordance with 5 Pa.C.S. § 1304(a). In addition, the boxer shall successfully complete a drug treatment program approved by the Department of Health under 28 Pa. Code Chapters 709 and 711 (relating to standards for licensure of freestanding treatment facilities; and standards for certification of treatment activities which are a part of a health care facility). The boxer will not be permitted to participate in a boxing contest prior to successful completion of the program. The boxer shall direct the treatment facility to provide the Commission with written confirmation of the boxer's successful completion and discharge from the program. In addition, after the suspension period and completion of the program but before being permitted to participate in a subsequent contest, the boxer shall be required to submit to a test. If that test or a subsequent test results in a third confirmed positive test result, the boxer will be subject to the disciplinary action in paragraph (3).(3)Third occurrence. A preliminary suspension in accordance with 5 Pa.C.S. § 1303(a). If, in reviewing the imposition of the preliminary suspension as provided for under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, the boxer's license will be revoked and the boxer will be permanently banned from participating in any type of boxing event, in any capacity, in this Commonwealth in accordance with 5 Pa.C.S. § 1304(a).(c) If a boxer is found to have tampered with a sample taken for a urinalysis test or is found to have falsified information in connection with a test performed under this chapter, the Commission will preliminarily suspend the boxer's license in accordance with 5 Pa.C.S. § 1303(a), impose a civil penalty of $100 on the boxer and order the forfeiture to the Commission of purses or prizes which the boxer may have earned from that day's event. If, in reviewing the imposition of the preliminary suspension as provided under 5 Pa.C.S. § 1303(c) and § 15.8, the Commission determines that the preliminary suspension was appropriate, it will suspend the boxer's license for 90 days in accordance with 5 Pa.C.S. § 1304(a). This section cited in 58 Pa. Code § 15.6 (relating to refusal to submit to test).