Nebraska Administrative Code › Topic - ATHLETIC COMMISSION › Title 38 › Chapter 1 - DEFINITIONS AND THE OFFICE OF THE STATE ATHLETIC COMMISSIONER › Section 38-1-001 - DEFINITIONS

Current through June 17, 2024
001. - DEFINITIONS. The following definitions
				shall apply throughout these rules and regulations.
001.01 Amateur means a contestant at least 18
				years of age who, in the judgment of the Commissioner, has limited skills, who
				has not competed for a cash prize or received compensation to compete or
				participate in any professional competition in any combat sport, and who has
				not entered into a contract with a promoter or manager to receive a fee for
				competing.
001.02 Association of
				Boxing Commissions and Combative Sports or ABC Boxing means the organization
				made up of members from state and tribal athletic commissions from the United
				States and Canada that provides a framework for undertaking boxing and MMA
				bouts and recordkeeping.
001.03
				Attending physician means a Doctor of Medicine or Doctor of Osteopathy who is
				licensed by the Commissioner and licensed to practice medicine in
				Nebraska.
001.04 Bout means a
				contest that is organized by rounds whereby two individuals compete in a
				regulated sport.
001.05 Commission
				means the Office of the State Athletic Commissioner as defined in Neb. Rev.
				Stat. §
										81-8,128.
001.06 Commission official means the State
				Athletic Commissioner, Deputy State Athletic Commissioner, an inspector, or
				other representative of the State Athletic Commissioner.
001.07 Complimentary Ticket means a ticket or
				pass which is available to the general public and which is stamped
				"complimentary," "free," or where the face value is indicated as $ 0.00,
				excluding any ticket provided in conjunction with a sponsorship or advertising
				package.
001.08 Contestant means a
				competitor in a regulated sport.
001.09 Contested case means a proceeding
				before the Commission in which the legal rights, duties, or privileges of
				specific parties are required by law or constitutional right to be determined
				after a Commission hearing.
001.10
				Disciplinary action includes, but is not limited to, revoking or suspending a
				license, suspending a contestant from competing in events, causing a bout to be
				forfeited, ejecting a licensee or other person from a venue, preventing an
				event or bout, stopping an on-going event or bout, or fining any licensee,
				except amateur athletes, to the extent such fine is permitted by law.
001.11 Event means a series of bouts as
				organized by a promoter.
001.12
				Event permit means an approval of an application for an event, which includes
				the date and location of the event.
001.13 Ex parte communication shall mean an
				oral or written communication which is not on the record in a contested case
				with respect to which reasonable notice to all parties was not given. Ex parte
				communication shall not include:
001.13(A)
				Communications which do not pertain to the merits of a contested
				case;
001.13(B) Communications
				required for the disposition of ex parte matters as authorized by
				law;
001.13(C) Communications in a
				ratemaking or rulemaking proceeding; and
001.13(D) Communications to which all parties
				have given consent.
001.14 Hearing officer means the person or
				persons conducting a hearing, contested case, or other proceeding pursuant to
				the Administrative Procedure Act, whether designated as the presiding officer,
				administrative law judge, or some other title designation.
001.15 Inspector means a representative of
				the Commissioner who enforces the rules and regulations promulgated by the
				Commissioner.
001.16 Judge means a
				person licensed by the Commissioner to score one (1) or more rounds of a
				regulated sport.
001.17 Kickboxing
				means a standing, unarmed athletic competition, organized by rounds, in which
				two contestants utilize kicking and punching techniques, and which either (1)
				adheres to the Unified Rules of Professional Kickboxing or (2) is recognized as
				a sport and sanctioned by a bona-fide professional kickboxing sanctioning
				organization.
001.18 Knockout or KO
				means a referee has determined that a contestant either lost consciousness or
				was unable to rise to his or her feet within a specified period of time due to
				a legal strike from an opponent.
001.19 Licensing year means the period
				beginning on July 1 and ending at 11:59 p.m. on June 30.
001.20 Low blow means an illegal strike that
				lands below a contestant's waist.
001.21 Manager means the person who acts as a
				contestant's representative to negotiate bouts and contracts.
001.22 Martial Arts means any of several arts
				of combat and self-defense that are recognized and practiced as a sport
				including, but not limited to; boxing, wrestling, kickboxing, karate, judo,
				taekwondo, aikido, jujutsu, krav maga, muay thai, and kung fu.
001.23 Matchmaker means a person licensed to
				match two (2) contestants.
001.24
				Mixed Martial Arts or MMA means an unarmed combat sport in which two (2)
				competitors seek to achieve dominance over each other by utilizing a
				combination of permitted martial arts techniques from disciplines of martial
				arts including, but not limited to, grappling, kicking, and striking.
001.25 Non-sanctioned fight means any MMA,
				boxing, bare-knuckle boxing, kickboxing, or other combat sport involving
				striking, kicking, or grappling which is not regulated or overseen by a state,
				provincial, or tribal regulatory body.
001.26 Party means the person by or against
				whom a contested case is brought or a person allowed to intervene in a
				contested case.
001.27 Petition
				means the initial document filed by or with the Commission that sets forth a
				claim and request for Commission action.
001.28 Physician means a Doctor of Medicine
				or Doctor of Osteopathy licensed to practice in the state in which he or she
				conducts diagnostic blood tests, physical examinations, or other medical
				procedures.
001.29 Professional
				means a contestant who is or has been paid for competing in his or her event. A
				professional may not compete as an amateur under any circumstance.
001.30 Professional kickboxing sanctioning
				organization means a national or international organization that is generally
				recognized within the kickboxing community and that;
(1) ranks kickboxing competitors within each
				weight class;
(2) sanctions and
				approves championship bouts in those weight classes; and
(3) and awards championship status and
				championship prizes (belts, rings, plaques, etc.) to the winner of those
				bouts.
001.31 Promoter
				means a person or entity that is licensed to conduct events. The term promoter
				includes any association, corporation, organization, club, partnership, or
				other entity that organizes and conducts events and any employee
				thereof.
001.32 Referee means a
				person licensed by the Commissioner to ensure that a bout is conducted
				according to the appropriate rules.
001.33 Referee stops contest strikes or RSC
				strikes means a referee in an MMA contest has determined that a contestant has
				been subjected to a legal strike or blow which prevents him or her from safely
				continuing or is being subjected to a series of legal strikes or blows and is
				unable to effectively defend himself or herself.
001.34 Regulated sport means professional
				boxing, professional bare-knuckle boxing, professional kickboxing, or amateur
				or professional MMA.
001.35
				Revocation means to indefinitely terminate all rights associated with a
				license. Once a license is revoked, the person or entity is ineligible to
				reapply for a license until at least two (2) years have elapsed.
001.36 Ring means the area in which a bout is
				held, whether referred to as a boxing ring, MMA octagon, cage, or other
				appellation.
001.37 Sanctioned bout
				means a bout that is regulated and overseen by a state or tribal athletic
				commission.
001.38 Second means the
				person or persons who are licensed and authorized to sit in a designated
				ringside area in order to coach and provide other assistance to a contestant
				and who may to stop a bout if, in the opinion of the second, the contestant is
				unable to safely continue.
001.39
				Sponsorship or advertising package means the goods or services received by a
				person or entity which makes a payment to a licensee in return for placing
				advertising at or during media coverage of an event.
001.40 Sponsorship ticket means any ticket,
				pass, or right of entry provided as part of a sponsorship or advertising
				package.
001.41 State Athletic
				Commissioner or Commissioner means the person appointed by the Governor to
				enforce Neb. Rev. Stat. §§
										81-8,128
				through
				81-8,142.01
				and to adopt and enforce any rules or regulations issued thereunder, or his or
				her duly authorized representative.
001.42 Suspension means to temporarily
				terminate all rights associated with a license. If the term of a suspension
				extends into the next licensing period, the individual or entity is ineligible
				to reapply until the term of the license revocation ends.
001.43 Technical decision means the official
				result of a bout when (1) a bout is stopped due to injury before the scheduled
				end and (2) one contestant is awarded the win as based on the judges'
				scorecards.
001.44 Technical draw
				means the official result of a bout when a bout is stopped due to injury before
				the scheduled end and no contestant is determined to be the winner.
001.45 Technical knockout or TKO means the
				official result when the referee stops a bout because (1) a contestant is not
				intelligently defending himself or herself or (2) a contestant has sustained an
				injury from a legal maneuver and is unable to safely continue.
001.46 Timekeeper means a person licensed to
				signal when a round is over and when 10 seconds of a round remains.
001.47 Unified Rules of Kickboxing means the
				applicable rule set adopted by ABC Boxing.
001.48 Unified Rules of Mixed Martial Arts or
				Unified Rules means the applicable rule set adopted by ABC Boxing.
001.49 Unified Rules of Boxing means the
				applicable rule set adopted by ABC Boxing.
001.50 Weigh-in means the official recording
				of a contestant's weight prior to a bout.