TITLE 28

Sports and Amusements

CHAPTER 1. COMBATIVE SPORTS AND COMBATIVE SPORTS ENTERTAINMENT

Subchapter II. Powers and Duties of the Division


(a) In the interest and for the protection of the public health, safety, and welfare, the Division of Professional Regulation shall promulgate and enforce rules and regulations relating to the regulation of combative sports and combative sports entertainment events in Delaware.

(b) The Division shall have the following powers and duties related to the regulation of combative sports and combative sporting entertainment events:

(1) To make and publish rules regulating all professional and amateur combative sports and combative sports entertainment events held in the State, and such rules shall have the force and effect of law;

(2) To accept applications for and issue licenses and permits for combative sports or combative sports entertainment events held in the State. Such licenses and permits shall be issued in accordance with rules duly adopted by the Division;

(3) To suspend or revoke licenses and to fine licensees or permittees for any violation of this statute or any regulation made pursuant thereto;

(4) To charge fees to be determined by the Director of any license or permit authorized hereby; and the amount charged for fees imposed under this chapter shall approximate and reasonably reflect costs necessary to defray the expenses of the Council, as well as the proportional expenses incurred by the Division. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter;

(5) To establish reasonable qualifications for any applicant seeking a license or permit, or to be registered, pursuant to this chapter;

(6) To establish criteria to determine whether and when a bond shall be posted by a permittee or licensee, the amount of any bond it requires to be posted, and any other conditions relating to the posting of a bond, including those relative to any waiver or exclusion from such posting requirement;

(7) To provide for the designation and assignment of an agent who shall:

a. Be present at all times during any combative sports or combative sports entertainment event to which that agent is assigned;

b. Represent the State and act on behalf of the Division at such event for all reasons consistent with the Division's authority under this chapter; and

c. Exercise and enforce this chapter and the Division's regulations including, but not limited to:

1. The authority to veto the decisions of event officials and participants for good cause; and

2. The authority to halt any or all matches undertaken during the event, or to halt the entire event.

d. Any such agent, and any of its authorized representatives and employees, shall be treated as an agency of the State and/or a public officer or employee of the State, for purposes of subchapter I of Chapter 40 of Title 10;

(8) To be present at licensed and permitted events in all areas where contestants are prepared and evaluated, including dressing rooms and ringside;

(9) To veto the decisions of event officials and participants for good cause; and the authority to halt any or all matches undertaken during the event, or to halt the entire event for good cause.

76 Del. Laws, c. 413, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 438, §§ 15-19.;

(a) The Director, or the Director's designee, shall investigate either by complaint or sua sponte all allegations of violation of statutory or regulatory provisions regulating combative sports and combative sports entertainment in the State, and in doing so, an agent of the Division may enter, at a reasonable time and without prior notice, any place of business or other establishment or building in which activity alleged to violate this chapter may occur. All violations shall be investigated as prescribed in § 8735(h) of Title 29. The Secretary, or the Secretary's designee, shall have the authority to suspend or revoke any license or permit or to impose an administrative penalty on any licensee or permittee for any violation of this statute or any rules or regulations made pursuant thereto. Any license may be suspended pending a hearing before the Secretary, or the Secretary's designee, for any statutory or regulatory violation which, in the opinion of the Director, or the Director's designee presents an imminent threat to the safety of the contestants or to the health, welfare or safety of the general public. The Director, or the Director's designee, shall immediately inform the promoter of the combative sports and/or combative sports entertainment event and the manager of each contestant in the event of the nature of the violation and the reason for the suspension. All violations shall be heard by the Secretary, or the Secretary's designee within 30 days of the suspension. All hearings regarding statutory or regulatory violations shall be governed by the provisions set forth in the Delaware Administrative Procedures Act, Chapter 101 of Title 29. The proceeds of all administrative penalties imposed by the Secretary shall be paid to the Division.

(b) Any person wishing to make a complaint against any licensee or permittee shall file such a complaint in the form and manner set forth in § 8735(h) of Title 29.

76 Del. Laws, c. 413, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 438, § 20.;