Chapter 3773-1 General Provisions

3773-1-01 Definitions.

As used in rules 3773-1-01 to 3773-8-01 of the Administrative Code:

(A) "Amateur" means a contestant who does not compete for a prize, in cash or otherwise, that has a value of more than twenty-five dollars.

(B) "Boxing match or exhibition" means a public or private competition pertaining to the sport of boxing.

(C) "Commission" means the Ohio athletic commission.

(D) "Contest" means any public boxing match, wrestling, tough person, kick boxing, karate, mixed martial arts or other unarmed combat sport exhibition.

(E) "Contestant" means a participant in a public boxing match, wrestling, tough person, kick boxing, karate, mixed martial or other unarmed combat sport exhibition.

(F) "Exhibition" means any event having more than one match whether it occurs on a single date or on a series of dates.

(G) "Fight card" means the program of matches listed on a promoter's permit.

(H) "Knockout" means to defeat an opponent by knocking them to the canvas for a count of ten. Knockout also includes, when the referee halts the bout with a contestant on the canvass or mat.

(I) "Main event" means the individual match at any public boxing , wrestling, tough person, kick boxing, karate, mixed martial arts or any other unarmed combat sport's event that is designated by the promoter and usually has the largest purse.

(J) "Manager" means any person who is in charge of the training, performance, and business affairs of a boxer.

(K) "Matchmaker" means any person who schedules pairings for a prize fight, public boxing match, wrestling, tough person, kick boxing, karate, mixed martial arts or other unarmed combat sport exhibition.

(L) "Medical insurance" means coverage for any nursing, medical, or surgical expenses.

(M) "Mixed Martial Arts" means any competition that involves any physical contact bout between two or more individuals who attempt to knock out the opponent by using boxing, kicking, choking techniques, martial art tactics or any combination of such techniques and tactics.

(N) "Participant" means any contestant, manager, or second in a public boxing match, wresting match, kick boxing, karate, mixed martial arts or other unarmed combat sport exhibition.

(O) "Professional boxer" means a boxer who competes for a prize in cash or otherwise, that has a value of more than one hundred dollars.

(P) "Professional mixed martial arts fighter" means a mixed martial arts or other unarmed combat sport contestant other than a professional boxer who competes for a prize in cash or otherwise has a value of more than twenty-five dollars.

(Q) "Promoter" means any person who conducts or sponsors a public boxing match, wrestling, tough person, kick boxing, mixed martial arts or other unarmed combat sport exhibition.

(R) "Public boxing or wrestling match or exhibition" means any public or private competition that involves the sports of boxing, kick boxing, karate, tough person contests, professional wrestling, or any other form of boxing or martial arts.

(S) "Ring official" means any referee, physician, judge, inspector, or timekeeper.

(T) "Second" means any person who is an attendant to a contestant.

(U) "Technical knockout" means a victory, with immediate termination of the match, awarded by the referee when it appears that one contestant is too badly injured to continue.

(V) "Tough person contests" mean any competition that involves any physical contact bout between two or more individuals who attempt to knock out the opponent by using boxing, kicking, or any combination of such techniques and tactics.

(W) "Trainer" means any person who coaches a contestant competing in any sport regulated by the Ohio athletic commission.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.31
Prior Effective Dates: 8/19/84, 12/31/98, 5/16/05, 4/18/09, 1/1/12

3773-1-02 Scope rule.

Rules bearing agency 3773 of the Administrative Code prescribe the conditions under which athlete agents are licensed and public boxing, wrestling matches, tough person, kick boxing, karate, mixed martial arts and all other unarmed combat sports exhibitions shall be conducted in the state of Ohio.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.34
Prior Effective Dates: 8/19/84, 2/17/05, 4/18/09, 1/1/12

3773-1-03 Office hours.

The office hours of the commission shall be, Monday through Friday, as determined by the executive director.

R.C. 119.032 review dates: 05/21/2010 and 05/21/2015
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.34
Prior Effective Dates: 8/19/84, 2/17/05

3773-1-04 Exemptions.

Rules bearing agency 3773 of the Administrative Code do not apply to:

(A) Elementary or secondary school, college, or university boxing, karate or wrestling coaches who receive compensation for teaching or coaching boxing, karate or wrestling only from the school, college, or university;

(B) Boxing, karate or wrestling matches and exhibitions in which all of the contestants are amateur boxers, amateur participants in a karate match or exhibition, or amateur wrestlers from an elementary or secondary school, a college, or a university;

(C) Boxing matches or exhibitions conducted as part of an interscholastic or intercollegiate athletic program, or as part of an amateur athletic program sponsored by or under the supervision of the "United States Olympic Committee" and the "USA Boxing" which all contestants are amateur boxers :

(1) "Golden Gloves Association of America Inc."

(2) "National Association of Police Athletic League"

(3) "National Collegiate Boxing Association"

(4) "Native American Sports Council"

(5) "Silver Gloves Association"

(D) Any amateur boxing match or exhibition conducted under the supervision or control of the Ohio national guard, the state militia, or reserve officer's associations in which all contestants are members of the guard, militia, or officer's association ,or for any amateur boxing, kick boxing, karate, wrestling event or exhibition conducted under the supervision of the "Fraternal Order of Police of Ohio" or the "Ohio Association of Professional Firefighters," or the "Northern Ohio Fire Fighters," the proceeds shall be used to benefit charitable organizations.

(E) Any person conducting any unarmed combat competition regulated by the Ohio athletic commission that are not included in the exemption list must:

(1) Have met all requirements of obtaining a promoter's license and permit for the event.

(2) Have the required insurance and medical protection prescribed under agency 3773 of the Administrative Code.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.31
Prior Effective Dates: 8/19/84, 12/31/98, 2/17/05

3773-1-05 Fees for licenses and permits.

The Ohio athletic commission shall charge the following fees:

(A) For an application for or renewal of a promoter's license:

(1) For public boxing match or exhibition, one hundred dollars

(2) For tough person match or exhibition; one hundred dollars

(3) For mixed martial arts or other form of physical contact match or exhibition; one hundred dollars.

(4) For professional wrestling match or exhibition; two hundred dollars

(B) For an application for or the renewal of a license to participate in a public boxing match, mixed martial arts event, tough person contest or any other forms of boxing or martial arts or to be a, referee, judge, time keeper, matchmaker, manager, trainer, or second; thirty dollars;

(C) For a permit to conduct a public boxing match or exhibition, fifty dollars;

(D) For a permit to conduct a professional wrestling match or exhibition, one-hundred dollars.

(E) For athlete agent registration five hundred dollars for two years

(F) For athlete agent registration for business entity, five hundred dollars for two years The fees prescribed by this rule shall be made payable to the treasurer of state.

Effective: 01/01/2012
R.C. 119.032 review dates: 10/14/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3773.34 , 4771.05
Rule Amplifies: 3773.34 , 4771.05
Prior Effective Dates: 8/19/84, 12/31/98, 2/17/05, 9/11/11

3773-1-06 Pay schedule for commission officials.

Promoters shall compensate officials appointed by the commission in accordance with the following pay schedule.

(A) Three judges, one timekeeper, one knockdown timekeeper: not less than one hundred dollars each.

(B) Two referees: Shall be paid a fee of not less than one hundred fifty dollars each. When using only one referee the fee shall be not less than two hundred dollars.

(C) Inspector: not less than two hundred dollars.

(D) Deputy inspector: not less than one hundred fifty dollars.

(E) Two ringside inspectors not less than seventy-five dollars each.

(F) Physician(s): One physician to examine boxers at the weigh-in and attend ringside: not less than three hundred fifty dollars. Two physicians to assist with physicals and attend ringside: not less than two hundred fifty dollars. Two physicians are mandatory for events that are televised or pay per view. If a physician gives the physicals the day prior to the event there is a fee of not less than one hundred fifty dollars.

(G) All fees to include mileage fees and housing expenses according to the current state standards and the current state rates.

Effective: 01/01/2012
R.C. 119.032 review dates: 10/14/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.51
Prior Effective Dates: 8/19/84, 2/8/91, 2/17/05, 6/16/06, 3/20/07, 4/18/09

3773-1-07 Obtaining notification of meetings.

(A) Any person may obtain notification of the time and place of regularly scheduled meetings or the time, place and purpose of any special meeting by:

(1) Writing the commission office, whose present address is: "The Ohio Athletic Commission, 242 Federal Plaza West Suite 405, Youngstown, OH 44503."

(2) Calling the commission by telephone at area code 330-797-2556; fax 330-797-2559.

(3) Appearing in person at the commission office, Monday through Friday during normal business hours.

(4) On the Ohio athletic commission website www.aco.ohio.gov

(B) Any person may obtain advance notice of all meetings at which any specific type of public business is to be discussed by identifying the type of public business for which they desire to be notified and by supplying the commission with a stamped, pre-addressed envelope. The commission office will mail to such person a notice of the time and place of the meeting, and the type of business to be discussed, at least seven calendar days before the meeting is scheduled unless the meeting is an emergency meeting.

(C) The commission office will maintain a list of representatives of the news media who have requested in writing notice of special or emergency meetings. The commission office shall mail to such representatives notice at least twenty-four hours before emergency meetings. News media requesting meeting notification shall supply the commission with the name, mailing address and telephone number of the representative to be contacted.

Effective: 04/18/2009
R.C. 119.032 review dates: 11/07/2008 and 04/07/2014
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.34
Prior Effective Dates: 8/19/84, 2/8/91, 12/31/98, 3/20/07

3773-1-08 Notice procedure.

The procedure of the Ohio athletic commission for giving public notice for the adoption, amendment or rescission of the rules under Chapter 119. of the Revised Code shall be as follows:

(A) Unless explicitly provided otherwise by statute, if a document is required by statute to be published in the register of Ohio, its publication in the register is sufficient to give notice of the content of the document to a person who is subject to or affected by the content. Until the document is so published, its contents is not valid against a person who does not have actual knowledge of the content.

R.C. 119.032 review dates: 05/21/2010 and 05/21/2015
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.34
Prior Effective Dates: 4/30/84, 12/31/98, 12/17/05

3773-1-09 Revocation, suspension, fines, or refusal to renew licenses.

The state athletic commission may revoke, suspend, or refuse to renew any license issued under agency 3773 of the Administrative Code if the licensee:

(A) Has committed an act detrimental to any sports regulated by the Ohio athletic commission or to the public interest, convenience or necessity;

(B) Is associating or consorting with any person who has been convicted of a crime involving sports regulated by the Ohio athletic commission;

(C) Is or has been consorting with bookmakers or gamblers, or has engaged in similar pursuits;

(D) Is financially irresponsible;

(E) Has been found guilty of any fraud or misrepresentation in connection with any sports regulated by the commission;

(F) Has violated any law with respect to any sports regulated by the commission or any rule or order of the commission or has been convicted of a felony;

(G) Has engaged in any activity that the commission determines is detrimental to any, sports regulated by the Ohio athletic commission.

(H) The commission in addition to other action it may take under this chapter, may impose a fine in an amount to be determined by rule of the commission adopted under Chapter 119. of the Revised Code.

(I) Any applicant who has been denied a license by the commission may not file a similar application until one year after denial by the commission, unless commission specifies otherwise at the time of denial.

(J) A person who has had their license revoked may not petition for re-instatement or apply for a new license until one year after the revocation. If a petitioner files a petition for re-instatement after one year required pursuant to this subsection and the commission denies the request, the petitioner may not petition again for re-instatement until one year after the denial, unless commission specifies otherwise at the time of denial.

(K) A person who's license is revoked or suspended may not apply for any other license issued by the Ohio athletic commission and all other current licenses issued by the Ohio athletic commission will also be revoked or suspended.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.53
Prior Effective Dates: 8/19/84, 5/16/05, 3/20/07, 11/7/07, 1/16/10, 1/1/12

3773-1-10 Violations of commission rules.

No person shall:

(A) Violate sections 3773.31 to 3773.59 of the Revised Code or any rule of the commission;

(B) Gamble, bet, or wager on the result of any event regulated by the Ohio athletic commission;

(C) Participate in a sham or fake boxing match or event regulated by the Ohio athletic commission that is conducted by a holder of a promoter's license.

(D) Participate in any event regulated by the Ohio athletic commission if they are under eighteen years of age unless neither contestant in the match or exhibition is a professional unarmed combat fighter.

(E) Have a financial interest in a contestant competing on premises owned, leased by, or which that person is otherwise financially interested.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.47 , 3773.48
Prior Effective Dates: 8/19/84, 5/16/05, 4/18/09, 1/1/12

3773-1-11 Notice of adjudication hearings.

When the commission denies an application for a permit or license, or intends to consider the suspension or revocation of a license, the commission or executive director shall notify the person in writing of their opportunity for a hearing. Such notice shall be given by registered mail and shall include the reason for the commission's action and shall inform the party that they are entitled to a hearing, provided said hearing is requested within thirty days of the date of the mailing of the notice. The notice shall set forth the rights of the party to appear at such hearing with or by an attorney, and to examine witnesses for or against them. Upon written notification that a hearing is requested, the commission shall schedule a hearing at the next regularly scheduled commission meeting unless otherwise agreed to by both the commission and the party. An individual may waive their right to an adjudication hearing by notifying the commission in writing, or by failing to request a hearing within the proper time period.

All hearings will be held in a time and location determined by the commission, wherein all interested parties will be so informed.

Effective: 04/18/2009
R.C. 119.032 review dates: 11/07/2008 and 04/07/2014
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.53
Prior Effective Dates: 8/19/84, 2/8/91, 5/16/05

3773-1-12 Drug testing.

(A) In order to ensure the safety of all contestants and to protect the integrity of boxing, wrestling, tough person, kick boxing, karate, mixed martial arts or other unarmed combat sport exhibitions regulated by the Ohio athletic commission, the commission hereby regulates the use of any alcohol, drug of abuse, steroids or any documented illegal enhancement substances, as governed by division (A) of section 3719.011 of the Revised Code, by any licensed contestant while training for or participating in an event regulated by the Ohio athletic commission.

(B) The personal use of any alcohol or drug of abuse as defined in division (A) of section 3719.011 of the Revised Code is prohibited without a legal prescription. Acting with reasonable cause, or through random selection, the executive director, inspector, or any investigator employed by the Ohio athletic commission may direct any contestant to submit a sample of their urine or blood. The sample shall be taken in the presence of the commission's inspector, physician or other representative designated by the commission, and in the manner prescribed by the commission .

(C) Such samples or tests pursuant to the requirements of this rule may be requested at any time on the day of the bout or event in which the contestant is participating, or within twenty-four hours thereafter.

(D) Any random selection may be witnessed by the contestants participating in the event or their representatives. The executive director shall determine the number of random samples to be taken for each event.

(E) Because of the importance of championship or title bouts, all professional events shall be subject to mandatory alcohol or drug testing, steroids or any documented illegal enhancement substances, amateur championship or title bouts may be randomly tested. Promoters will be assessed a fee of one hundred dollars for professional title bouts and fifty dollars for any amateur title bouts that are drug tested. This fee will be paid directly to the laboratory through the athletic commission.

(F) Failure of any contestant to supply a urine or blood sample when requested by a person designated by the Ohio athletic commission, shall subject the contestant to a suspension of not more than one year for the first offense. A second and all subsequent failures or refusals to provide a requested urine or blood sample shall be considered as grounds for license revocation.

(G) The commission may withhold the contestant's purse until the results of the test are concluded. If the laboratory test concludes that the preliminary tests were accurate and the contestant was in violation of division (A) of section 3719.011 of the Revised Code. The Ohio athletic commission shall administer appropriate disciplinary action under section 3773.53 of the Revised Code.

(H) A contestant whose license is suspended or revoked under this rule and was declared the winner of the contest shall be disqualified, and the decision of the contest shall be changed to "no contest." The results of the contest shall remain unchanged if the contestant who is suspended or revoked under this rule was the loser of the contest.

(I) If the laboratory test results prove to be negative or inconclusive, no action shall be taken and all results of the bout will stand.

(J) If the laboratory test results are positive involving a urinalysis or blood, disclosing the presence of any alcohol or drug of abuse, steroids or any documented illegal enhancement substances, prohibited in this rule, the contestant will be suspended for a period of not more than one year, will be assessed a fine and must pay for all fees for any laboratory tests. The contestant will remain suspended until all fines and fees are paid. The contestant may appeal by registered mail to the executive director or commission for a hearing within thirty days of the mailing date of the notice of the suspension.

(K) Upon any second offense involving urinalysis or blood, disclosing the presence of any alcohol or drug of abuse, steroids or any documented illegal enhancement substances prohibited in this rule, in addition to any suspension, fine or revocation ordered by the commission, the contestant will be prohibited from participating in any event in the state of Ohio until they have voluntarily enrolled in a rehabilitation program certified by the Ohio department of mental health, bureau of drug abuse, or the "Joint Commission on Accreditation of Hospitals," and submit a report from said program indicating the contestant's satisfactory attendance and completion of the program.

(L) Contestants who are prohibited from competing in other states or jurisdictions for any drug violation shall be prohibited from competing in the state of Ohio.

(M) In the event any contestant subject to this rule is taking a substance pursuant to a valid prescription on order from a licensed physician or dentist, it shall be that contestant's responsibility to give written notice of same to the commission or its representatives prior to participating in any event. The written notice shall contain the following:

(1) Name of the substance.

(2) The quantity and dosage of the substance prescribed.

(3) The name, address and telephone number of the physician or dentist prescribing the substance.

(N) All preliminary urinalysis or blood tests shall be conducted at the expense of the Ohio athletic commission. Any appeal of any laboratory tests that prove positive the expenses shall be paid by the contestant. Failure of the contestant to pay expenses within thirty days of receiving notice will result in the immediate suspension of the contestant, until fees are paid.

(O) The contestant may waive in writing submitting to any follow-up tests and accept the results of the preliminary test. Failure to notify the commission to waive submitting to any follow-up tests within seventy-two hours of the original test will consider the test results final.

(P) Any licensee alleged to be in violation of this rule by the commission may request a hearing in accordance with the provisions of Chapter 119. of the Revised Code and rule 3773-1-11 of the Administrative Code.

Effective: 03/14/2013
R.C. 119.032 review dates: 06/18/2012 and 03/14/2018
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.31
Prior Effective Dates: 2/27/87, 12/31/98, 5/16/05, 1/7/08, 1/1/12

3773-1-13 Protest of results.

Upon the completion of a any public or private competition that involves the sports of boxing, kick boxing, mixed martial arts karate, tough man contests or tough person contests, or any other form of boxing or martial arts, the results of the match, exhibition or contest may be protested under the following conditions:

(A) To file a protest the protest must show fraud, corruption or a deliberate rule violation.

(B) When there is indisputable video evidence that demonstrates a self evident and palpable error by the referee when a bout ends as a result of a foul, the result of the bout shall be changed to a no contest decision.

(C) The protester must have standing to protest the outcome of the match, or contest. Persons with standing to protest the outcome are the contestant, the contestant's manager, and the contestant's trainer.

(D) The protester must file the protest, in writing, with the commission or the executive director, no later than ten days after the match, or contest being protested. The protest letter shall specify the reason or reasons for the protest with such particularity as to enable the commission to quickly and accurately act upon the protest. Filing may be by personal delivery or US postal service and is deemed complete upon receipt by the commission or executive director.

(E) The protester must supply the commission with a videotaped recording of the contestant's entire match, or contest, if such a recording is available, at the time of filing the protest. The videotape shall become part of the permanent record of the commission and shall not be returned.

(F) Upon receipt of the protest the commission shall have sixty days in which to investigate the allegations contained in the protest. Upon completion of the investigation the findings and recommendations shall be presented to the commission at the next scheduled public meeting. The commission will then vote on the findings and recommendations. The findings, recommendations, and commission vote shall be made a permanent record of the commission and shall be final.

(G) A letter detailing the findings and recommendations of the investigation, the vote of the commission, and the actions to be taken will be sent to the protester by regular mail within fourteen days of the meeting in paragraph (D) of this rule.

(H) This rule specifically excludes protests of professional wrestling and any other matches or contests over which sections 3773.31 to 3773.57 of the Revised Code do not apply.

Effective: 01/01/2012
R.C. 119.032 review dates: 10/14/2011 and 01/01/2017
Promulgated Under: 119.03
Statutory Authority: 3773.34
Rule Amplifies: 3773.53
Prior Effective Dates: 7/31/99, 2/17/05, 1/17/08, 1/22/10