TITLE 28

Sports and Amusements

CHAPTER 1. COMBATIVE SPORTS AND COMBATIVE SPORTS ENTERTAINMENT

Subchapter VII. Grounds for Refusal to Issue a License or Permit; Disciplinary Procedures


The Secretary or the Secretary's designee may refuse a license or permit, suspend or revoke a license or permit issued or allowed pursuant to this chapter, or may reprimand, censure or fine a licensee or permittee, if the Secretary or the Secretary's designee has reasonable grounds to believe that the applicant, licensee, registrant, or permittee has:

(1) Violated a provision of this chapter or of the Division's regulations;

(2) Been adjudged guilty in another jurisdiction of violating any statute or regulation governing combative sports or any combative sports entertainment event prohibited or regulated by the Division;

(3) Been disciplined by any sanctioning organization recognized by the Division;

(4) Pleaded guilty to, or been convicted of, any crime that is substantially related to combative sports or combative sports entertainment in any jurisdiction, including but not limited to bribery, gambling, racketeering, combative fighting or organized-crime activities;

(5) Been found to have committed an administrative violation in any jurisdiction for acts constituting bribery, gambling, racketeering, combative fighting or organized-crime activities;

(6) Been afflicted with a physical or mental disability or impairment that renders the applicant, licensee, registrant, or permittee no longer capable of exercising the rights or discharging the duties granted pursuant to the license, registration, or permit; provided, however, that the Division must consider, as a mitigating factor, the person's participation in the Voluntary Treatment Option Program as set forth in § 8735(n) of Title 29;

(7) Failed to complete at the direction of the Division, its designee or of the Council, any paperwork or administrative formalities in connection with the applicant's, licensee's, registrant's, or permittee's participation in or association with a combative sports or combative sports entertainment match conducted in this State, as defined in rule and regulation; or

(8) Engaged in an activity that, in the opinion of the Director, warrants refusal of license or permit, censure, probation, issuing a reprimand or fine, suspension, or revocation in order to preserve the integrity of combative sports and combative sports entertainment in Delaware.

76 Del. Laws, c. 413, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 438, §§ 59-62.;

The Director may order any combative sports or combative sports entertainment participant or manager who has received a purse of cash, or any other article of value, in an amount in excess of $1,000 to forfeit the same to the Division for any serious violation of this chapter or Division regulations. The Division shall establish by regulation guidelines for determining what violations of this chapter or of the Division's regulations are considered serious violations requiring a participant or manager to forfeit of a purse.

76 Del. Laws, c. 413, § 2; 77 Del. Laws, c. 438, § 63.;

(a) Any person aggrieved by a decision or order of the Secretary or the Director relating to combative sports or combative sports entertainment may seek judicial review thereof by appealing the matter to the Superior Court within 30 days of the dated the decision was mailed.

(b) Any appeal taken pursuant to this section does not stay the effect of the decision or order of the Director which is the subject of the appeal. The court may order a stay upon a showing of irreparable harm to the appellant. The court may require a bond if it orders a stay pursuant to this section.

(c) Any appeal taken pursuant to this section shall be on the record to the extent one exists. Where no record exists, the court may remand the matter to the Director for the purposes of establishing a record or may, for good cause shown, retain the matter and accept such additional evidence as it deems necessary to render a decision in the matter. If the court retains the matter, it may affirm or reverse the decision or order, or may remand the matter to the Director for further proceedings.

76 Del. Laws, c. 413, § 2; 77 Del. Laws, c. 438, § 64.;

Notice of an appeal filed pursuant to § 113 of this title shall be served upon the Director, or the Director's designee, and all other parties of record who are subject to the decision or order, together with such other material and information as required by the court. Service of process shall be perfected pursuant to the Rules of the Superior Court governing service of process in civil proceedings.

76 Del. Laws, c. 413, § 2.;

(a) Upon being served with a notice of appeal pursuant to § 113 of this title the Director, or the Director's designee, shall certify to the court the record of the proceedings to which the petition relates, if one exists.

(b) The petitioner shall pay all costs associated with the preparation and certification of the record pursuant to this section, which shall be paid upon the conclusion of the proceedings at the direction of the court.

76 Del. Laws, c. 413, § 2.;