TITLE 28

Sports and Amusements

CHAPTER 1. COMBATIVE SPORTS AND COMBATIVE SPORTS ENTERTAINMENT

Subchapter VI. Combative Sports Advisory Council


(a) The Division shall establish a Combative Sports Advisory Council.

(b) The Advisory Council shall be composed of 7 members who shall be appointed by the Director of the Division of Professional Regulation. The members shall include the following:

(1) One member shall be a physician licensed by and a resident in the State with an expertise in sports medicine.

(2) One member, who is currently, or shall have been a full-time member of a Delaware police agency or a federal agency with law-enforcement responsibilities with no less than 3 years experience in the areas of gambling, organized crime or related areas.

(3) One member shall be a Delaware resident with no less than 3 years experience as a boxer.

(4) One member shall be a Delaware resident with no less than 3 years experience as a mixed martial arts practitioner.

(5) One member shall be a Delaware resident with no less than 3 years experience as a promoter.

(6) One member shall be a Delaware resident with no less than 3 years experience as a referee.

(7) One member shall be a public member that shall not be, nor ever have been a boxer, promoter, manager, second, referee or judge or employed by a boxer, manager, second, referee or judge nor have been engaged in an activity directly related to boxing. The public member shall be accessible to inquiries, comments and suggestions from the public.

(c) The Combative Sports Advisory Council shall:

(1) Hold open, public meetings as required by the Director, and in accordance with the provisions of the Delaware Freedom of Information Act (Chapter 100 of Title 29) and the Delaware Administrative Procedures Act (Chapter 101 of Title 29), to discuss issues relating to the state of combative sports and combative sports entertainment in Delaware including, but not limited to: rules and regulations, proposed legislation, policy guidelines, amateur and professional participation in combative sports and combative sports entertainment events, and such other issues as it deems appropriate;

(2) Submit to the Director of the Division of Professional Regulation proposed rules, regulations, legislation, or policy guidelines relating to the conduct of combative sports and combative sports entertainment matches, contests, and events, and the participants therein;

(3) Upon the request of the Director or any licensee or permittee or upon a motion of 2/3 of the Council, review any rule, regulation, statutory provision, or policy guideline issued by the Division governing any amateur or professional combative sports or combative sports entertainment event for the purpose of advising the Division as to the fairness or a violation thereof; and

(4) Review all written reports submitted by a referee following a combative sports or combative sports entertainment match the end of which was not satisfactory to the referee and make recommendations thereon to the Division.

(d) The Council may review at the request of the Director all applications for any license or permit issued by the Division for the purpose of regulating the conduct of amateur and professional combative sports or combative sports entertainment event within Delaware. When reviewing such applications, the Council shall review any medical or criminal histories contained therein in executive session, and such histories shall be exempt from disclosure under the Delaware Freedom of Information Act [Chapter 100 of Title 29].

(e) The Advisory Council may require any licensee, permittee, registrant, medical personnel, or other person identified in the Division's regulations to submit 1 or more reports relating to any match, contest, or event in order to fulfill its duties under subsection (c) of this section. Such reports shall be submitted under oath and notarized on a form approved by the Division. Refusal by any licensee, permittee, or registrant to comply with the Advisory Council's reporting requirement pursuant to this subsection shall be deemed sufficient grounds for immediate censure, suspension, or revocation of the respective license, permit or registration.

(f) The Advisory Council may hear oral testimony from any witness having relevant evidence in any matter relating to any match, contest, or event in order to fulfill its duties under subsection (c) of this section. Such testimony shall be given under oath and permanently preserved on audio recording tape, by stenographic transcript, or in another manner pursuant to the Division's regulations.

76 Del. Laws, c. 413, § 2; 77 Del. Laws, c. 438, §§ 49-58.;