Regulation detail

Pa. Code 15.7

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Pa. Code 15.7 active

Jurisdiction: PA Agency: Pennsylvania Department of Human Services (OMHSAS) and Department of Drug and Alcohol Programs (DDAP)
Plain-English summary

This regulation governs disciplinary actions by the Pennsylvania State Athletic Commission against boxers who test positive for prohibited substances, including license suspension, civil penalties, forfeiture of purses, and permanent bans. It is a sports regulatory rule applicable to professional boxing licensees, not a behavioral health or human services regulation. No behavioral health, IDD, ABA, or foster care facility type is governed by this rule.

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Regulation text
58 Pa. Code § 15.7 - Disciplinary action 

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(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)
.

Notes

58

 Pa. Code §
 
15.7

This section cited in 58 Pa. Code §
 
15.6
 (relating to refusal to
 submit to test).

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