Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Avenue, 8th Floor Snodgrass!TN Tower Nashville, TN 37243 Phone: 615-741-2650 Email: publlcatlons,informa!ion@tn.gov

Proposed Rule(s) Filing Form

Sequence Number:

Rule ID(s):

File Date:

Effective Date:

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Proposed rules are submitted pursuant to Tenn. Code Ann. §§ 4-5-202, 4-5-207, and 4-5-229 in lieu of a rulemaking hearing. It is the intent of the Agency to promulgate these rules without a rulemaking hearing unless a petition requesting such hearing is filed within ninety (90) days of the filing of the proposed rule with the Secretary of State. To be effective, the petition must be filed with the Agency and be signed by ten (10) persons who will be affected by the amendments, or submitted by a municipality which will be affected by the amendments, or an association of ten ( 10) or more members, or any standing committee of the General Assembly. The agency shall forward such petition to the Secretary of State.

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to§ 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

Agency/Board/Commission: Tennessee Athletic Commission Division:

Contact Person: Department of Commerce and Insurance Regulatory Boards Division Matthew Reddish

Address: Zip:

Phone: Email:

500 James Robertson Parkway, Nashville, TN 37243 615-770-0089 Matthew. E. Redd ish@tn.gov

Revision Type (check all that apply): X Amendment

New __ Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number ChaJ>ter Title 0145-03 Kickboxing and Mixed Martial Arts Rule Number Rule Title 0145-03-.04 Fouls -0145-03-.10 Scorinq -0145-03-.15 Gloves

SS-7038 (June 2016) 1 RDA 1693

Chapter 0145-03 Kickboxing and Mixed Martial Arts

Amendments

Rule 0145-03-.04 Fouls is amended by adding language in paragraph (1) and deleting language in paragraph (2) so that, as amended, the rule shall read:

0145-03-.04 FOULS.

(1) The following tactics are fouls in kickboxing and shall result in a warning and loss of points as determined by the referee:

(a) headbutting;

(b) striking downward using point of the elbow;

(c) openhand attacks to the eyes or throat or eye gouging;

(d) striking at that part of the body over the kidney or spine or chopping or striking the back of the neck or head;

(e) biting, spitting or, in the referee's discretion, slapping;

(f) the use of abusive language in the ring;

(g) any unsportsmanlike conduct or action that causes injury to an opponent or referee;

(h) attacking an opponent on or during a break;

(i) attacking after the bell or gong has sounded to end the round, or when the opponent is out of the ring;

U) intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body;

(k) linear kicks to the front or side of the knees;

(I) intentionally delaying the contest due to improper equipment, or by intentionally dropping or spitting out the mouthpiece;

(m) intentional evasion of contact;

(n) hair pulling;

(o) attacking or obstructing the trachea;

(p) clawing, pinching or twisting the flesh or grabbing the clavicle;

(q) pulling or holding the uniform below the hipline;

(r) holding the ropes or fence;

(s) small joint manipulation, including but not limited to twisting of fingers or toes;

(t) groin techniques/attacks of any kind, including but not limited to grabbing or striking;

(u) fish hooking;

(v) biting;

(w) flagrant disregard of the referee's instructions;

SS-7038 (June 2016) 2 RDA 1693

(x) finger strikes or rakes to any part of the body;

(y) knuckle gouging to the face or any part of the body, including into the throat;

(z) stomping a grounded opponent;

(aa) kicks to the head of a grounded opponent;

(bb) kneeing to the head of a grounded opponent;

(cc) lifting, pushing, throwing, or otherwise forcing an opponent out of the ring or cage;

(dd) attacking an opponent who is under the care of the referee or other ring official;

(ee) interference by a combatant's manager or second;

(ff) trainer ring rope or cage grabbing;

(gg) holding the shorts or gloves of an opponent;

(hh) spiking which occurs when a combatant purposely drives an opponent straight to the ring floor on his head or neck from an upright and vertical position;

(ii) putting a finger into any orifice or into any cut or laceration of an opponent;

UD arm bars;

(kk) grabbing or holding onto an opponent's leg or foot, and grabbing or holding onto any other part of the body;

(II) punching or kicking a combatant when the combatant touches down. A combatant is down when any part of the combatant's body, other than combatant's feet, touch the floor. The combatant's opponent may continue to attack until the combatant has touched the floor with any part of the body other than the feet;

(mm) leg checking, which occurs when a combatant extends the leg to check an opponent's leg or to prevent the opponent from kicking;

(nn) purposely going down without being hit;

(oo) any use of throws or any takedowns;

(pp) holding and hitting;

(qq) hitting or slapping with an open glove; and

(rr) using the heel of the palm of the hand to deliver a blow to the face.

(2) For the purposes of mixed martial arts, tactics, fouls, the definitions of fouls, and the definitions of tactics, shall be as provided in the Association of Boxing Commissions' (ABC) Unified Rules of MMA. These tactics are fouls and shall result in a warning and loss of points as determined by the referee.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. § 68-115-201 .

Rule 0145-03-.10 Scoring is amended by adding new language as paragraph (1) and re-numbering the remaining paragraphs so that, as amended, the rule shall read:

0145-03-.10 SCORING.

SS-7038 (June 2016) 3 RDA 1693

(1) During mixed martial arts contests, referees and judges shall use the Association of Boxing Commissions' (ABC) MMA Judging Criteria/Scoring guidelines when scoring the contests.

(2) During kickboxing contests, referees and judges shall score all contests and determine the winner through the use of the ten-point must system. In th is system, the winner of each round receives ten (10) points and the opponent a proportionately less number. If the round is even, each combatant receives ten (10) points. No fraction of points shall be given.

(3) At the termination of the professional contest or amateur event, or the termination of each round, as determined by the Commission's representative present at the contest or event, the cards of the judges shall be picked up by the referee and delivered to the Commission's representative assigned to check the totals. The majority opinion shall be conclusive and if there is no majority then the decision shall be a draw. When the Commission's representative has completed verifying the score, the ring announcer shall be informed of the decision and shall announce the decision.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. § 68-115-201 .

Rule 0145-03-.15 Gloves is amended by adding a new paragraph (5), which shall read :

0145-03-.15 GLOVES.

(5) All gloves shall have padding over the knuckles.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. § 68-115-201 .

SS-7038 (June 2016) 4 RDA 1693

* If a roll-call vote was necessary, the vote by the Agency on these rules was as follows:

Board Member Aye No Abstain Absent Signature (if required)

Steve Hannah X Chad Chilcutt X Donald Wvnn X Tracy Davis X

I certify that this is an accurate and complete copy of proposed rules, lawfully promulgated and adopted by the Tennessee Athletic Commission on December 5, 2016 and is in compliance with the provisions of T.C.A. § 4-5-222. The Secretary of State is hereby instructed that, in the absence of a petition for proposed rules being filed under the conditions set out herein and in the locations described, he is to treat the proposed rules as being placed on file in his office as rules at the expiration of ninety (90) days of the filing of the proposed rule with the Secretary of State.

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Date: 2/23/17

Signature: {Y16d; ~ ,,,,,t~\.)NTS,w;~111,~ Name of Officer: Matthew Reddish

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Rules of the Tennessee Athletic Commission 0145-03-.04 Fouls 0145-03-.10 Scoring 0145-03-.15 Gloves

All proposed rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

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SS-7038 (June 2016)

Herbert H Slatery Ill Attorney General and Reporter

4/4/un I r Date

Filed with the Department of State on: ---~:~~+-/~JJ ....... /~/--17 _ ____ _

Effectiveon: {, w _ _ ,., ,.............,rrl""--~ - Tr-e Har-gett

Secretary of State

5 RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

(1) The type or types of small business and an identification and estimate of the number of small businesses subject to the propos.ed rule that would bear the cost of. or directly benefit from the proposed rule.

These rules will only affect mixed martial arts events and contests. There were approximately 16 mixed martial arts events that the Tennessee Athletic Commission issued permits for in 2016.

The promoters, referees, combatants and judges for these events and contests will benefit from these uniform rules because it will eliminate any confusion these parties have when working across state lines. Promoters and Vendors will receive an additional benefit due to the ability to attract more mixed martial arts events and contests.

The requirement that gloves have padding over the knuckle clarifies the prohibition of bare knuckle boxing which is known to place combatants at greater risk of physical injury.

Compliance with these rules is not expected to have any additional cost to small businesses.

(2) The projected reporting, recordkeeping and other administrative costs required for compliance with the proposed rule, including the type of professional skills necessary for preparation of the report or record.

There are no expected reporting, recordkeeping or other administrative costs expected in order to remain in compliance with these rule changes. Uniform standards are the majority rules amongst the states. The uniform rules are commonly known and used by promoters, referees, judges and combatants across the United States.

(3) A statement of the probable effect on impacted small businesses and consumers.

The promoters operating in Tennessee often hold contests and events in neighboring states. The judges and referees for mixed martial arts events and contests are specially trained are must often be flown in from other parts of the country, meaning they can sometimes be unfamiliar with the particulars of the Tennessee Athletic Commission's rules and laws. The probable effect of these rules is positive in that all parties will be familiar with our rules thereby reducing confusion and the potential for rule violations. Additionally, if Tennessee allows it rules to become materially different from those promulgated by the Association of Boxing Commissions, then the state will place itself at a disadvantage when trying to attract larger events and contests. Small businesses will be positively affected by an increase in event and contest revenue and consumers will benefit from more opportunities to enjoy the events.

(4) A description of any less burdensome, less intrusive or less costly alternative methods of achieving the purpose and objectives of the proposed rule that may exist, and to what extent the alternative means might be less burdensome to small business.

The Commission believes that these changes are not burdensome, intrusive or costly and - as such - there do not appear to be any alternatives that would reasonably be expected to be less burdensome.

(5) A comparison of the proposed rule with any federal or state counterparts.

The Tennessee Athletic Commission is directed, by TC.A§ 68-115-501 to be a member of the Association of Boxing Commissions (ABC). The statute directs the Tennessee Athletic Commission use ABC's unified mixed martial arts rules as a regulatory guideline for the promulgation of mixed martial arts rules. Most other states have also adopted ABC's unified rules for mixed martial arts purposes and, as such, these rules are comparable to the rules of those states.

(6) Analysis of the effect of the possible exemption of small businesses from all or any part of the requirements contained in the proposed rule.

Exemption from these rules would not be expected to be beneficial for small businesses because adoption of these rules should have a net positive benefit for all Tennessee Athletic Commission licensees in the state.

SS-7038 (June 2016) 6 RDA 1693

Impact on Local Governments

Pursuant to TC.A.§§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://state.tn.us/sos/acts/1 06/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

This rule may have a projected positive impact on local governments due to an increase in revenues tied to municipalities hosting additional mixed martial arts events and contests.

SS-7038 (June 2016) 7 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

Unified Rules and Scoring Criteria: These rule changes would serve to make Tennessee's MMA rules regarding fouls and scoring identical to those proposed by the Association of Boxing Commissions (ABC). This amendatory language will allow the rules to adapt to changes promulgated by ABC and should result in greater standardization of the regulation of mixed martial arts amongst the states.

Gloves: This rule change will results in a requirement that all gloves have padding over the knuckles. This rule clarifies the prohibition against bare knuckle boxing in the state of Tennessee.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

Licensed promoters, judges, referees and combatants are the most likely to be affected by these rules. All would be expected to urge for the adoption of the rules in order to gain clarity about the regulatory standards the state wishes to enforce and to put the state on even competitive footing when attracting national events and contests. There are no current licensees in the state engaging in bare knuckle boxing, however the Tennessee Athletic Commission has received inquiries from an individual named Nathan Shook who is interested in holding such a contest or event. Those wishing to bring bare knuckle boxing to Tennessee would likely urge rejection of the rules pertaining to glove requirements.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule;

I There are no known attorney general opinions or judicial rulings that directly relate to this rule.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

This rule is estimated to have a probable increase in state and local government revenue due to an increase in mixed martial arts events and contests.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

Matthew Reddish - Assistant General Counsel TN Department of Commerce and Insurance

Roxana Gumucio - Executive Director TN Athletic Commission TN Department of Commerce and Insurance

SS-7038 (June 2016) 8 RDA 1693

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Matthew Reddish - Assistant General Counsel TN Department of Commerce and Insurance

Roxana Gumucio - Executive Director TN Athletic Commission TN Department of Commerce and Insurance

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

Matthew Reddish 500 James Robertson Parkway Nashville, TN 37243 615-770-0089 Matthew.e.reddish@tn.gov

Roxana Gumucio 500 James Robertson Parkway Nashville, TN 37243 615-741-1310 Roxana.Gumucio@.tn. gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

None.

SS-7038 (June 2016) 9 RDA 1693

0145-03-.04 FOULS.

Chapter 0145-03 Kickboxing and Mixed Martial Arts

Amendments

(1) The following tactics are fouls in ootR kickboxing aRd mixed maftial..at=t6 and shall result in a warning and loss of points as determined by the referee:

(a) headbutting;

(b) striking downward using point of the elbow;

(c) openhand attacks to the eyes or throat or eye gouging;

(d) striking at that part of the body over the kidney or spine or chopping or striking the back of the neck or head;

(e) biting, spitting or, in the referee's discretion, slapping;

(f) the use of abusive language in the ring;

(g) any unsportsmanlike conduct or action that causes injury to an opponent or referee;

(h) attacking an opponent on or during a break;

(i) attacking after the bell or gong has sounded to end the round, or when the opponent is out of the ring;

U) intentionally pushing, shoving or wrestling an opponent out of the ring with any part of the body;

(k) linear kicks to the front or side of the knees;

(I) intentionally delaying the contest due to improper equipment, or by intentionally dropping or spitting out the mouthpiece;

(m) intentional evasion of contact;

(n) hair pulling;

(o) attacking or obstructing the trachea;

(p) clawing, pinching or twisting the flesh or grabbing the clavicle;

(q) pulling or holding the uniform below the hipline;

(r) holding the ropes or fence;

(s) small joint manipulation, including but not limited to twisting of fingers or toes;

(t) groin techniques/attacks of any kind, including but not limited to grabbing or striking;

(u) fish hooking;

(v) biting;

(w) flagrant disregard of the referee's instructions;

(x) finger strikes or rakes to any part of the body;

SS-7038 (June 2016) 2 RDA 1693

(y) knuckle gouging to the face or any part of the body, including into the throat;

(z) stomping a grounded opponent;

(aa) kicks to the head of a grounded opponent;

(bb) kneeing to the head of a grounded opponent;

(cc) lifting, pushing, throwing, or otherwise forcing an opponent out of the ring or cage;

(dd) attacking an opponent who is under the care of the referee or other ring official;

(ee) interference by a combatant's manager or second;

(ff) trainer ring rope or cage grabbing;

(gg) holding the shorts or gloves of an opponent;

(hh) spiking which occurs when a combatant purposely drives an opponent straight to the ring floor on his head or neck from an upright and vertical position; aRG

(ii) putting a finger into any orifice or into any cut or laceration of an opponent.,.;

(ij) arm bars:

(kk) grabbing or holding onto an opponent's leg or foot. and grabbing or hold ing onto any other part of the body;

(I ll punchlng or kicking a combatant when the combatan t touches down. A combatant is down when any part of the combatant's body, other than combatant's feet touch the floor. The combatant's opponent may continue to attack until the combatant has touched the f loor with any part of the body other than the feet:

(mm} leg checking, whlch occurs when a combatant extends the leg to check an opponent's leg or to prevent the opponent from kicking:

(nn) purposely going down without being hit:

(oo) any use of throws or any takedowns.

(pp) holding and hitting:

{qq) hitting or slapping with an open glove: and

{rr) using the heel of the palm of the hand to deliver a blow to the face.

(2) For the purposes of mixed martial arts, tactics, fouls, the definitions of fou ls. and the definitions of tactics, shall be as provided In the Association of Boxing Commissions' (ABC) Unified Rules of MMA. These following tactics are fouls in kickboxing and shall result in a warning and loss of points as determined by the referee . .;.

(a) arm bars:

(b) grabbing or holding oA-te-a~ReAt's leg oF-fGot, and grabbing or holding onto any other part of tho

~

(c) ~nmchlng or kicking a combatant wl=len the comt>atant Is down. A combatam-i&-GGWR-Wflen-any part ef tRe-Ga~m!s-bGdy, other than--eembatant's feet, toll ch the floor. The combataRt's opponent may contim1e to attack wntil tfle combatant has tollched the flooF-witA-any-part of the bo0-y--0tt:ler tt;ian the feet.

SS-7038 (June 2016) 3 RDA 1693

(a) leg shacking, wt:l~tant extenas tt:ie leg to check an opponent's leg or to ~t tt:le o,:>ponent fl:om kiskJF!§i

(e) purposely going sown witl=lo1:,1t l:lein~

~-ews or any takedown&,

(1:1) l=lltting or slapf.)ing with an OfJSA-ilo>.•e; and

(i) using tl:le l:loel of tt:le palm of the t:lana to aeliver a blow te tl=le faGe:­

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T. CA § 68-115-201 .

0145-03-.10 SCORING.

(1) During mixed martial arts contests, referees and judges shall use the Association of Boxing Commissions' (ABC) MMA Judging Criteria/Scoring guidelines when scoring the contests.

(4-~) During kickboxing contests. ~ referees and judges shall score all contests and determine the winner through the use of the ten-point must system. In this system, the winner of each round receives ten (10) points and the opponent a proportionately less number. If the round is even, each combatant receives ten (10) points. No fraction of points shall be given.

(~J) At the termination of the professional contest or amateur event, or the termination of each round, as determined by the Commission's representative present at the contest or event, the cards of the judges shall be picked up by the referee and delivered to the Commission's representative assigned to check the totals. The majority opinion shall be conclusive and if there is no majority then the decision shall be a draw. When the Commission's representative has completed verifying the score, the ring announcer shall be informed of the decision and shall announce the decision.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. § 68-115-201 .

0145-03-.15 GLOVES.

(5) All gloves shall have padding over the knuckles.

Authority: Chapter 1149 of the Public Acts of 2008, § 2 and T.C.A. § 68-115-201 .

SS-7038 (June 2016) 4 RDA 1693