TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 6 BOXING, WRESTLING, AND MARTIAL ARTS
PART 1 GENERAL PROVISIONS
15.6.1.1 ISSUING AGENCY: New Mexico
Athletic Commission.
[15.6.1.1 NMAC - N, 03-23-2002]
15.6.1.2 SCOPE: The
provisions in Part 1 apply to all parts of Chapter 6 of Title 15, and provide
relevant information to anyone affected or interested in Chapter 6 of Title 15.
[15.6.1.2 NMAC - N, 03-23-2002]
15.6.1.3 STATUTORY
AUTHORITY: Part 1 of
Chapter 6 of Title 15 is promulgated pursuant to the Professional Athletic
Competition Act, Sections 60-2A-1 through 60-2A-30, NMSA 1978 (1980 Repl.
Pamp.).
[15.6.1.3 NMAC - N, 03-23-2002]
15.6.1.4 DURATION: Permanent.
[15.6.1.4 NMAC - N, 03-23-2002]
15.6.1.5 EFFECTIVE DATE: March 23,
2002, unless a later date is cited at the end of a section.
[15.6.1.5 NMAC - N, 03-23-2002]
15.6.1.6 OBJECTIVE: The
objective of Part 1 of Chapter 6 is to set forth the provisions that apply to
all of Chapter 6, and to all persons and entities affected by Chapter 6 of Title
15.
[15.6.1.6 NMAC - N, 03-23-2002]
15.6.1.7 DEFINITIONS:
A. “Amateur contest” means any boxing,
wrestling, martial arts, or mixed martial arts event, contest or exhibition,
whether or not an admission fee is charged to the public, where the participants
are licensed as amateurs with the commission in their field of unarmed
combat. The terms “amateur contest” and “smoker”
are used interchangeable, both terns have the same meaning.
B. “Board”
means the medical advisory board of the New Mexico athletic commission.
C. “Broadcast”
means any audio or visual image sent by radio, television or internet signals
including podcast, webcast, streaming media, internet and any other electronic
transmission.
D. “Closed
circuit telecast” means any telecast that is not intended to be available
for viewing without the payment of a fee for the privilege of viewing the
telecast and includes, but is not limited to, the term “pay-per-view”. This definition includes, but is not limited
to, telecasts, podcast, webcast, streaming media, internet or any electronic
transmission to arenas, bars, lounges, clubs, entertainment or meeting centers
and private residences.
E. “Commission” means the New Mexico
athletic commission.
F. “Contact
exhibition” means any contest or portion of a fight card, bout, or event in
any form of unarmed combat, including but not limited to boxing, wrestling,
martial arts, or mixed martial arts regulated by the commission, conducted, held,
televised on closed circuit, or given within New Mexico.
G. “Contest”
means any event or portion of a fight card, bout or exhibition in any form of
unarmed combat, including but not limited to boxing, wrestling, martial arts,
or mixed martial arts regulated by the commission, conducted, held, televised
on closed circuit, or given within New Mexico.
H. “Counted
out” means that a participant has been knocked down and the referee and
knockdown timekeeper have performed the appropriate count as set forth in the
rules, and the completion of such count signifies that the participant has been
knocked out.
I. “Department”
means the New Mexico regulation and licensing department.
J. “Event” means any contest or portion of a fight card, bout, or
exhibition in any form of unarmed combat, including but not limited to boxing,
wrestling, or martial arts regulated by the commission, conducted, held,
televised on closed circuit, or given within New Mexico.
K. “Exhibition”
means any contest or portion of a fight card, bout, or event in any form of
unarmed combat, including but not limited to boxing, wrestling, martial arts,
or mixed martial arts regulated by the commission, conducted, held, televised
on closed circuit, or given within New Mexico.
L. “Face
value” means the dollar value of a ticket that the customer is required to
pay or, for complimentary tickets, would have required payment. It shall include any charges or fees, such as
dinner, gratuity, parking, surcharges, or any other charges or fees that must
be incurred in order to be allowed to view the match. However, if the ticket specifies the amount
of admission charges attributable to state or federal taxes, such taxes shall
not be included in the face value.
M. “Fight card” means a program of an event, contest, or exhibition of
unarmed combat.
N. “Foreign co-promoter” means a promoter who has no physical
place of business in New Mexico or who’s business is incorporated in a state
other than New Mexico.
O. “He”
or “his” shall also mean “she” or “her”.
P. [RESERVED]
Q. “Main event” means the principal match or matches within a program
of matches.
R. “Mixed
martial arts” means unarmed combat involving the use, subject to any
applicable limitations set forth in this chapter, of a combination of
techniques from different disciplines of the martial arts, including, without
limitation, grappling, kicking and striking.
S. “Official duty” means any person who
performs a task belonging to the commission during an event, contest, or
exhibition of unarmed combat.
T. “Professional
contest” means any boxing, wrestling, or martial arts, or mixed martial
arts event, contest or exhibition, whether or not an admission fee is charged
for admission of the public, where the participants are licensed as
professionals with the commission in their field of unarmed combat.
U. “Promoter” means any person, and in the case of a corporate
promoter includes any officer, director or stockholder of the corporation, who
produces or stages any unarmed combat, including but not limited to boxing,
wrestling or martial arts contest, exhibition or closed circuit television
show.
V. “Sham
or fake” means a professional event, contest, or exhibition that is
unsanctioned or features participants who are not licensed professionals with
the commission in their respective form of unarmed combat.
W. “Technical
zone” means the area between the ring, cage or fenced area and public
seating. The area must have a separate
divider and be at least 8 but preferably 12 feet from the ring, cage or fenced
area. If there is not a solid barrier,
uniformed security must be present.
X. “Timekeeper signal” means the appropriate mechanism used
to signal the end of the round.
Y. “Unarmed
combat” means boxing, wrestling, martial arts, mixed martial arts or any
form of competition in which a blow is usually struck which may reasonably be
expected to inflict injury.
Z. “Unarmed
contest” means an unarmed combatant competing in an unarmed combat approved
and sanctioned by a state commission or a duly constituted and functioning
tribal commission which provides the unarmed combatants with the minimum
protection afforded by the commission.
[15.6.1.7 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.1.8 DOCUMENTS FILED WITH COMMISSION: All
applications, records, or other papers and documents filed with or submitted to
the commission or to the medical advisory board appointed by the commission, or
at any hearing, shall become the property of the commission.
[15.6.1.8 NMAC - N, 03-23-2002]
15.6.1.9 LICENSEE RECORDS
SUBJECT TO COMMISSION INSPECTION: All the books and records of any licensee of this
commission; or of any corporation of which the licensee is an officer, director
or stockholder; and which directly or indirectly concern unarmed combat, including
but not limited to boxing, wrestling, or martial arts, shall at all times be
subject to the inspection of the commission at such times and under such
circumstances as the commission may direct.
[15.6.1.9 NMAC - N, 03-23-2002; A; 08-26-2012]
15.6.1.10 DUTIES OF THE COMMISSION
ADMINISTRATOR: The commission’s administrator shall keep a full and true record of all
the commission’s proceedings; preserve and keep its books, documents, papers,
records; and prepare such papers, reports, and other documents as may be
required by the commission; and perform such other duties as may be assigned to
the commission administrator from time to time by the commission. The commission administrator shall keep a
record of the minutes of all commission meetings and prepare monthly financial
statements for the commission.
[15.6.1.10 NMAC - N, 03-23-2002]
15.6.1.11 MINUTES OF COMMISSION MEETINGS: The minutes
of all commission meetings shall be transcribed and kept on file at the
commission’s office and placed online, at http://www.rld.state.nm.us/boards/athletic_commission_members_and_meetings.aspx.
[15.6.1.11 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.1.12 MEDICAL ADVISORY BOARD RECORDS: The records
of the medical advisory board shall not be available for public inspection
unless the commission is served with a subpoena issued by a court of competent
jurisdiction.
[15.6.1.12 NMAC - N, 03-23-2002]
15.6.1.13 AMENDMENT OF RULES: The
commission may suspend, amend, revise or re-codify the rules in compliance with
the Uniform Licensing Act (NMSA 1978 Sections 61-1-1 through 61-1-33). Any amendment of the rules shall be published
by the commission as required by law, and shall be available for public
inspection.
[15.6.1.13 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.1.14 SEVERABILITY: If any part
or application of Chapter 6 of Title 15 is held invalid, the remainder, or its
application to their situations or persons, shall not be affected.
[15.6.1.14 NMAC - N, 03-23-2002]
15.6.1.15 OPEN MEETINGS NOTICES: Commission
meetings shall be open to the public and shall be noticed pursuant to the Open
Meetings Act, NMSA 1978, Sections 10-15-1 to 10-15-4, and in accordance with
the commission’s annual Open Meetings Resolution
[15.6.1.15 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.1.16 INSPECTION OF PUBLIC RECORDS: The commission
operates in compliance with the Inspection of Public Records Act, NMSA 1978
Sections 14-2-1 through 14-2-12. The commission’s administrator is the
custodian of the commission’s records. The commission may provide copies of
public records upon request and upon payment of a reasonable copying fee. No person shall remove commission documents
from the commission office. The
commission maintains files for all applicants.
Information in the applicant's file is a matter of public record except
for the following:
A. medical
reports, records of chemical dependency, physical or mental examinations;
B. complaints, and investigative files
obtained during the course of an investigation or processing of a complaint,
and before the vote of the commission as to whether to dismiss the complaint or
to issue a notice of contemplated action as provided in the Uniform Licensing
Act, NMSA 1978, Section 61-1-1 et seq., and in order to preserve the integrity
of the investigation of the complaints, records and documents that reveal
confidential sources, methods, information or licensees accused, but not yet
charged with a violation, such records shall include evidence in any form
received or compiled in connection with any such investigation of the complaint
or of the licensee by or on behalf of the commission by any investigating agent
or agency; upon the completion of the investigation or processing of the
complaint, AND upon the decision of the commission to dismiss the complaint or
to issue a notice of contemplated action, the confidentiality privilege shall
dissolve, and the records, documents or other evidence pertaining to the
complaint and to the investigation of the complaint shall be available for
public inspection; and
C. any other
records excepted from disclosure pursuant to the Inspection of Public Records
Act.
[15.6.1.16 NMAC - N, 03-23-2002; A,
08-26-2012; A, 01-15-2017]
15.6.1.17 TELEPHONE CONFERENCES: As
authorized by NMSA 1978 (1993 Repl. Pamp.) Section 10-15-1.C of the Open
Meetings Act, when it is difficult or impossible for a commission member to
attend a commission meeting in person, the member may participate by means of a
conference telephone or similar communications equipment. Participation by such means shall constitute
presence in person at the meeting. Each
member participating by conference telephone must be identified when
speaking. All participants must be able
to hear each other at the same time, and members of the public attending the
meeting must be able to hear any member of the commission who speaks during the
meeting.
[15.6.1.17 NMAC - N, 03-23-2002]
15.6.1.18 LICENSEE REQUIRED TO UPDATE
ADDRESS WITH COMMISSION:
A. Correspondence,
notices, bulletins, or any other information from the commission will be sent
to the last known address on file with the commission at the commission’s
office.
B. The
licensee shall be responsible for notifying the commission of any change in
address.
[15.6.1.18 NMAC - N, 03-23-2002]
15.6.1.19 CODE OF CONDUCT FOR COMMISSION
MEMBERS: In accordance with the provisions of the
Governmental Conduct Act, Sections 10-16-1 to 10-16-18, NMSA 1978, each
commission member shall annually sign a commission member code of conduct and the commission shall annually adopt said
executed document which shall then be forwarded to the New Mexico secretary of
state by the commission administrator.
[15.6.1.19 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.1.20 COSTS OF DISCIPLINARY ACTIONS: Licensees
shall bear all costs of disciplinary
proceedings unless they are excused by the commission from paying all or part
of the costs or if they prevail at the hearing and an action specified in
Section 61-1-3 NMSA 1978 is not taken by the commission.
[15.6.1.20 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.1.21 CHANGE OF DECISION:
A. Commission’s power to change decision:
If the commission determines that any of the situations listed below has
occurred with regard to any event, contest or exhibition of unarmed combat,
then the decision rendered shall be changed as the commission directs.
B. Collusion:
That there was collusion affecting the results of any bout.
C. Scoring
error: That a mathematical or transcription error occurred in the
compilation of the judge’s scorecards that would indicate that the official
decision had been awarded to the wrong contestant.
D. Drugs or foreign substances: That the unarmed combatant is found
to have violated Part 15 of the commission’s rules and regulations, wherein the
unarmed combated has tested positive for a prohibited substance that was in the
unarmed combatant’s system at the time of their event, contest or exhibition of
unarmed combat.
E. Violation of rules and regulations: That there
was a clear violation of the commission’s rules and regulations governing the
sanctioning of unarmed combat that affected the result of the event, contest or
exhibition.
[15.6.1.21 NMAC - N, 02-13-2015]
HISTORY of
15.6.1 NMAC:
Pre-NMAC
History:
Material in the part was derived from that previously
filed with the commission of public records - state records center and archives:
NMAC 80-1, The Commission, Its Powers and Procedures,
filed 9-24-80.
Those relevant portions of NMAC Rule 92-2, The
Commission, Its Powers and Procedures, filed 8-17-92.
NMAC Rule 92-1, Definitions, filed 8-17-92.
Those relevant portions of NMAC Rule 95-1, Definitions,
filed 5-5-95.
History of
Repealed Material:
NMAC Rule 92-2 (aka 15 NMAC 6.1), The Commission, Its
Powers and Procedures, filed 8-17-92; repealed
effective 03-23-2002.
NMAC Rule 95-1 (aka 15 NMAC 6.1) Definitions, filed
5-5-95; repealed effective 03-23-2002.
Other History:
NMAC Rule 92-2 and NMAC 95-1 were recompiled into the
first version of the New Mexico Administrative Code as 15 NMAC 6.1 and named
General Provisions.
15.6.1 NMAC, General Provisions, replaced those relevant
portions of 15 NMAC 6.1, General Provisions, effective 03-23-2002.