TITLE 15 GAMBLING AND LIQUOR CONTROL
CHAPTER 6 BOXING, WRESTLING, AND MARTIAL ARTS
PART 2 CONTRACTS
15.6.2.1 ISSUING AGENCY: New Mexico
Athletic Commission.
[15.6.2.1 NMAC - N, 03-23-2002]
15.6.2.2 SCOPE: The
provisions in Part 2 apply to licensees regulated by the commission.
[15.6.2.2 NMAC - N, 03-23-2002]
15.6.2.3 STATUTORY AUTHORITY: Part 2 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.);
specifically Sections 60-2A-4, 60-2A-8, 60-2A-10, 60-2A-13, 60-2A-16, and
60-2A-18.
[15.6.2.3 NMAC - N, 03-23-2002]
15.6.2.4 DURATION: Permanent.
[15.6.2.4 NMAC - N, 03-23-2002]
15.6.2.5 EFFECTIVE DATE: March 23,
2002, unless a later date is cited at the end of a section.
[15.6.2.5 NMAC - N, 03-23-2002]
15.6.2.6 OBJECTIVE: The
objective of Part 2 of Chapter 6 is to set forth the policies and procedures
for contracts.
[15.6.2.6 NMAC - N, 03-23-2002]
15.6.2.7 DEFINITIONS: [RESERVED]
[15.6.2.7 NMAC - N, 03-23-2002]
15.6.2.8 LICENSE REQUIRED: All
participants in a contract must
first be licensed by the commission before participating, either directly or
indirectly, in any professional contest regulated by the commission.
[15.6.2.8 NMAC - N, 03-23-2002]
15.6.2.9 AGE REQUIREMENTS: The
commission may require a birth certificate or equally bona fide certification
of age.
A. Professional
unarmed combatants must be at least eighteen (18) years of age at the time they
execute their professional contract.
B. Managers
must be at least twenty-one (21) years of age at the time of their licensure
with the commission.
C. Seconds
must be at least eighteen (18) years of age at the time of their licensure with
the commission
[15.6.2.9 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.2.10 EXECUTION OF CONTRACTS: Contracts
between an unarmed combatant and a manager, or between an unarmed combatant or
manager and a licensed promoter, shall be executed on printed contract forms
approved by the commission. If printed
contract forms are unavailable, the commission may approve notarized
contracts. All contracts must at a
minimum include all agreed upon terms such as weight, allowed possible ranges
of weight, number of rounds, duration of rounds, named opponent and signatures
of all parties to the contract including promoter and unarmed combatant or his
approved management.
[15.6.2.10 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2017]
15.6.2.11 [RESERVED]
[15.6.2.11 NMAC - N, 03-23-2002]
15.6.2.12 USE OF THE UNARMED COMBATANT’S
TRUE NAME IN SIGNING CONTRACTS: The commission will not approve any contract for the
services of an unarmed combatant unless such contract is signed by the unarmed
combatant under his true, legal and complete name.
[15.6.2.12 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.13 CONTRACT FILING: A copy of
any contract entered into between a manager and an unarmed combatant must be
placed on file with the commission for approval.
A. A
contract becomes null and void if at any time during its term the manager or
the unarmed combatant loses his license as a result of an action by the
commission or by failure of the manager or unarmed combatant to renew his
license.
B. A
manager is not allowed to participate in more than 33-1/3 percent of the ring
earnings of the unarmed combatant.
C. The
commission must approve and consent to any assignment of any part of the
unarmed combatant or manager’s interest in a contract.
[15.6.2.13 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.14 VALIDATION OF THE CONTRACT:
A. Unless
otherwise directed by the commission, both parties to the contract, the manager
and the unarmed combatant, or an approved representative for either party, must
appear before the commission at the same time to have the contract approved and
validated by the commission.
B. No
contract between a manager and an unarmed combatant will be approved for more
than a three-year term.
[15.6.2.14 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.15 EXECUTION OF THE CONTRACT BY
UNARMED COMBAT MANDATORY: An unarmed combatant must carry out all the terms and
conditions of the contract to which he is a party. Any unarmed combatant failing to fulfill the
terms of any such contract will be subject to disciplinary action by the
commission.
[15.6.2.15 NMAC - N, 03-23-2002; A, 01-15-2015]
15.6.2.16 unarmed
combatant DEFAULT OF CONTRACT:
A. If an unarmed combatant claims that his failure to
fulfill the terms of his contract was caused by illness or injury or by
conditions over which he had no control, he shall submit such claim in writing
to the commission.
B. The
commission may then decide whether such default requires the imposition of any
penalty or disciplinary action.
C. In
the event that either no claim is made, or that it is made and rejected by the
commission:
(1) the
commission may suspend or revoke the license of the unarmed combatant in
default and award to the opponent the amount of any forfeit posed under the
terms of the contract; and
(2) the
commission may declare the defaulting unarmed combatant ineligible for any
other unarmed combat contest in the state of New Mexico until such terms of the
breached contract are fulfilled.
D. If
the commission finds that the default was excusable, the defaulting unarmed
combatant must fulfill the terms of the contract by an adjourned date subject
to the approval of the commission.
Subject to penalty of suspension or revocation of his license, the
unarmed combatant shall not combat in any other unarmed combat contest or for
any other promoter without the approval of the commission.
[15.6.2.16 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.17 [RESERVED]
[15.6.2.17 NMAC - N, 03-23-2002]
15.6.2.18 CONDITION FOR APPROVAL OF unarmed combat CONTEST CONTRACTS: The
commission will not approve contracts for unarmed combat contest unless both
unarmed combatants have signed contracts with the same licensed promoter.
[15.6.2.18 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.19 TIME LIMITS FOR FILING unarmed combat CONTEST CONTRACTS: The promoter
must meet the following conditions to file contracts with the commission for
unarmed combat.
A. All
main events and semi-main event contracts between a promoter and any licensed unarmed
combatant or approved management of a licensed unarmed combatant, effecting or
calling for the services of a main event or semi-main event unarmed combatant,
shall be filed with the commission within seven days after the execution of the
contract, and at least seven days prior to any unarmed combat contest to which
the contract relates.
B. All
contracts for preliminary unarmed combatants shall be filed no later than 96
hours prior to any match to which they relate, unless otherwise approved by the
commission or its designee.
[15.6.2.19 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015; A, 01-15-2017]
15.6.2.20 COMPENSATION OF PROFESSIONAL unarmed combat IS REQUIRED:
A. Payment
may be made only to persons set forth by the commission unless the commission
has approved, in advance, all the details of payment to another party.
B. All
unarmed combatants participating in a professional unarmed combat contest shall
be paid, directly or through their licensed managers, who shall issue a receipt
for such payment.
C. Payment
shall be made only to the duly recognized manager or to the unarmed combatant
himself, if he has no recognized manager.
D. Unless
otherwise agreed to by the commission, all participants must be paid
immediately following the conclusion of the final bout.
E. Promoters
shall pay the agreed amount to the contestants.
F. No
professional unarmed combatant shall be paid less than $25.00 for each round
scheduled in any contest.
G. Unarmed
combatants shall not kickback any part of the amount paid them to any manager,
second, promoter, or matchmaker.
H. None
of the parties involved in an event or match shall accept a kickback offered to
him by any unarmed combatant.
[15.6.2.20 NMAC - N, 03-23-2002; A, 08-26-2012; A,
01-15-2015]
15.6.2.21 CONTRACTS FOR BROADCAST OR
TELECAST OF unarmed combat
CONTEST:
A. All
contracts entered into by any licensee of the commission, or any and all
amendments, changes or modifications calling for or referring to any motion
picture, telecast or radio broadcast of any unarmed combat contest, exhibition
or match must be promptly filed with the commission for approval.
B. No
person or party may announce or conduct any such broadcast or telecast of any
unarmed combat contest, exhibition or match conducted under the jurisdiction of
the commission without first obtaining the approval of the commission.
[15.6.2.21 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.22 PROHIBITIONS TO ENTER INTO
CONTRACT: The
commission prohibits any licensed matchmaker, promoter, manager, contestant,
person or party employed or connected with a licensed promoter, to enter into a
contract or commence negotiations for any unarmed combat contest or exhibition
with any other licensee whose license is currently suspended or revoked by the
commission.
[15.6.2.22 NMAC - N, 03-23-2002; A, 08-26-2012]
15.6.2.23 [RESERVED]
[15.6.2.23 NMAC - N, 03-23-2002]
15.6.2.24 [RESERVED]
[15.6.2.24 NMAC - N, 03-23-2002; A, 08-26-2012;
Repealed, 01-15-2017]
HISTORY of
15.6.2 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 80-2, Contracts, filed 9-24-80.
NMAC Rule 92-4, Contracts, filed 8-17-92.
NMAC 80-4, Conduct of Licensees, filed 9-24-80.
Those relevant portions of NMAC Rule 92-6, Conduct of
Licensees, filed 8-17-92.
NMAC 80-10, Boxing Classes And Championships, filed
9-24-80.
Those relevant of NMAC Rule 92-12, Boxing Classes And
Championships, filed 8-17-92.
History of
Repealed Material:
NMAC Rule 92-6 (aka 15 NMAC 6.4), Conduct of Licensees,
filed 8-17-92; repealed
effective 03-23-2002.
NMAC Rule 92-12 (aka 15 NMAC 6.10), Boxing Classes And
Championships, filed 8-17-92; repealed
effective 03-23-2002.
NMAC Rule 92-4 (aka 15 NMAC 6.2), Contracts, filed
8-17-92; repealed effective
03-23-2002.
Other History:
NMAC Rule 92-6 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.4 and named Conduct of
Licensees.
NMAC Rule 92-12 was recompiled into the first version of
the New Mexico Administrative Code as 15 NMAC 6.10 and named Boxing Classes And
Championships.
15.6.2 NMAC, Contracts, replaced 15 NMAC 6.2, Contracts,
effective 03-23-2002.