Box 100-700

CHAPTER Box 100 ORGANIZATIONAL RULES

Statutory authority: RSA 285:7.

PART Box 101 DEFINITIONS

Box 101.01 "Amateur" means a person who has never competed in a fighting sport in exchange for a fee or a money prize.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.02 "Commission" means the New Hampshire boxing and wrestling commission.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.03 " Competition” means an exhibition or event that is open to the general public.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.04 “Fighting sports” means professional boxing, and amateur and professional wrestling, mixed martial arts, kickboxing, or any other form of amateur or professional sport combat in which blows are struck that reasonably may be expected to inflict injury, as defined in RSA 285:1, III.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.05 “MMA” means mixed martial arts.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.06 "Professional” means a person who has competed in a fighting sport in exchange for a fee or a money prize.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 101.07 "Promoter" means any person, club, association or corporation sponsoring a boxing bout or wrestling exhibition, as defined in RSA 285:1, II.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

PART Box 102 DESCRIPTION OF AGENCY

Box 102.01 Authority. The boxing and wrestling commission is authorized by RSA 285 to regulate professional fighting sports in New Hampshire. The commission also regulates amateur fighting sports, except those conducted by a school, college or university.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 102.02 Composition of the Commission. The commission consists of 3 commissioners, appointed by the governor and executive council to 3-year terms. Two commissioners constitute a quorum for a meeting. One commissioner shall be elected as chairman-treasurer.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 102.03 Deputy Inspectors. When no commission member is available to attend a bout or exhibition, or when the size or location of an event requires additional representatives, the commission shall appoint one or more official representatives designated as "deputy inspectors", who, for the duration of the event, shall have the same authority as a commissioner.

Source. #6256, eff 5-25-96; ss by 10482, eff 12-5-13

PART Box 103 CONTACT INFORMATION AND ACCESS TO PUBLIC INFORMATION

Box 103.01 Mailing Address, Telephone and Fax Numbers.

(a) The commission’s mailing address is:

N.H Boxing and Wrestling Commission

c/o Secretary of State’s Office

State House, Room 204

Concord, NH 03301

(b) The commission’s website is http://www.nh.gov/boxing.

(d) The commission’s fax number is 603-271-6316.

(e) Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.

(f) Requests for copies of public records, correspondence, filings and other communications intended for the commission shall be mailed to the attention of the commission at the address in paragraph (a), faxed to the attention of the commission at the number in paragraph (d) or e-mailed to the members of the commission or deputy inspectors at the e-mail addresses listed in the Contact Us section of the website.

(g) Information can be obtained by using the telephone numbers stated in paragraphs (c) and (d).

Source. #6256, eff 5-25-96; ss by #10482, eff 12-5-13

Box 103.02 Inspection and Copies of Records.

(a) The commission shall make available, upon request, those records which are subject to public inspection under RSA 91-A.

(b) Persons desiring to inspect or obtain copies of commission records shall identify as specifically as possible the information being sought.

(d) If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A or other law, the commission shall delete the information exempt from disclosure and provide the remaining information.

Source. #10482, eff 12-5-13

CHAPTER Box 200 PRACTICE AND PROCEDURE

PART Box 201 PURPOSE AND APPLICABILITY

Box 201.01 Purpose. These rules shall be construed to secure the just, efficient, and accurate resolution of commission proceedings in accordance with recognized principles of due process and the requirements of RSA 541-A and RSA 285.

Source. #10482, eff 12-5-13

Box 201.02 Applicability. The procedures set forth in this chapter shall apply to processing of complaints, petitions for rulemaking, waiver of procedural and non-procedural rules, declaratory rulings, and all adjudicative proceedings conducted by the commission. These procedural rules shall apply to the commission and all persons within the commission’s jurisdiction, including promoters of fighting sports, license applicants and persons filing petitions, complaints and appeals.

Source. #10482, eff 12-5-13

Box 201.03 Governing Statutes and Rules. The provisions of RSA 541-A, RSA 285 and these rules shall govern proceedings before the commission.

Source. #10482, eff 12-5-13

PART Box 202 QUORUM, COMPUTATION OF TIME, FILING OF DOCUMENTS AND DATES OF ISSUANCE OR FILING

Box 202.01 Quorum. A quorum of the commission shall be a simple majority of the total number of members.

Source. #10482, eff 12-5-13

Box 202.02 Computation of Time.

(a) All time periods referenced in these rules shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday, or state legal holiday, then the time shall be extended to include the first business day following the Saturday, Sunday, or state legal holiday.

Source. #10482, eff 12-5-13

Box 202.03 Filing of Documents.

(a) Any document filed with the commission shall be filed by regular mail sent to the address in Box 103.01 (a) or by electronically delivering a PDF version by electronic mail to the chairman of the commission at the e-mail address provided at http://www.nh.gov/boxing/contactus/index.htm.

(b) Any document required or allowed by these rules to be filed in conjunction with an adjudicative proceeding shall be filed as specified in (a), above, together with the original and one copy of the document.

Source. #10482, eff 12-5-13

Box 202.04 Date of Issuance or Filing.

(a) All orders, decisions, notices, or documents issued by or at the direction of the commission shall be deemed by the commission to have been issued on the date noted on the document.

(b) All orders, decisions, notices, or documents issued by or at the direction of the commission in conjunction with an adjudicative proceeding and sent by certified mail, return receipt requested, to the last address of record or delivered by personal service shall be deemed by the commission to be adequate notice.

(c) All applications, petitions, motions, requests for findings and conclusions and any other written documents governed by these rules shall be deemed by the commission to have been filed with or received on the actual date received by the commission as indicated by the date stamped received on the document.

Source. #10482, eff 12-5-13

PART Box 203 COMPLAINTS AND INVESTIGATIONS

Box 203.01 Preliminary Processing of Complaints. Prior to formal proceedings in a contested case, the following procedure shall apply in responding to a complaint against a licensee:

(a) The staff shall consider informal resolution through communication between the complainant and the licensee.

(b) If the complainant wishes to proceed further, the complainant shall submit a written complaint.

(d) Upon receipt of the complaint, the chairman shall send copies to the members of the commission and to the licensee.

(e) The licensee shall respond to the complaint, in writing, within 30 days.

(f) The licensee shall also provide a copy of the written response to the complainant(s).

Source. #10482, eff 12-5-13

Box 203.02 Formal Processing of Complaints.

(a) The commission shall consider the complaint and the response at the next available meeting, provided that failure to respond to a complaint shall not preclude the commission from considering the complaint.

(b) The commission shall provide notice, in writing, and invite all parties to the meeting.

(c) After considering the complaint and response and any other relevant information presented at the meeting, the commission shall take one or more of the following actions:

(1) Initiate formal adjudicative proceedings, upon its own motion, where the commission determines that a reasonable basis exists to consider suspension, revocation or refusal of a license pursuant to RSA 285:12,I;

(2) Appoint any member of the commission, its staff, an attorney, or any other qualified person or committee of qualified persons, to further investigate the violations alleged in the complaint;

(3) Dismiss the complaint in consideration of the following:

a. The complaint has no merit;

b. The complaint is not within the jurisdiction of the commission; or

c. The complaint fails to establish grounds to consider suspension, revocation or refusal of a license;

(4) Take no action in consideration of the following:

a. The complaint or violation has been resolved or remediated;

b. There is insufficient evidence to proceed with an action;

c. Pending disciplinary action by the commission pursuant to RSA 285:12,I; and

(5) Take any other action authorized by RSA 285 or by other law as justice may require.

(d) The commission shall provide written notice to parties of record of its determination.

Source. #10482, eff 12-5-13

Box 203.03 Investigations by the Commission.

(a) The commission, within the limits of its authority, and acting through its members, deputy inspectors, staff, attorney or any other qualified person or a committee of qualified persons, shall upon motion of its members, make inquiry of any person and otherwise gather information, and prepare reports describing the information obtained, whenever:

(1) It receives information, through complaints or other means, which leads it to believe that an applicant for or the holder of a license issued by the commission has met the criteria established in RSA 285:12,I for refusal, suspension or revocation of a license or a person has violated the provisions of RSA 285; or

(2) It desires to obtain information for any other lawful purpose.

(b) Investigations shall include all techniques and methods for gathering information which are appropriate to the circumstances of the case, including requests for additional information from the complainant, requests for information from the licensee and meetings with potential witnesses and interested persons.

(1) The statutory or regulatory authority for the investigation;

(2) The identity of the persons, or class of persons, which are the subject of the investigation;

(3) The general nature of the conduct being investigated;

(4) The identity of the investigating officer or committee; and

(5) Any other provisions deemed necessary by the commission to assist the investigation.

(d) The issuance of an order of investigation shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a license holder.

(e) The commission shall appoint any one or more of its members, or deputy inspectors to conduct an investigation.

(f) The investigator shall make a written report of the results of the investigation which includes a recommendation to the commission as to whether there is a reasonable basis to consider suspension, revocation, or refusal of a license.

Source. #10482, eff 12-5-13

PART Box 204 PETITIONS FOR WAIVER OF RULES AND FOR DECLARATORY RULINGS.

Box 204.01 Applicability. Any interested person may petition the commission to waive a procedural or non-procedural rule adopted by the commission, or request a declaratory ruling on the applicability of any statute, rule, or order administered or enforced by the commission. The rules in this part shall apply to any petition to waive a rule or petition for declaratory ruling.

Source. #10482, eff 12-5-13

Box 204.02 Undue Hardship. As used in these rules, "undue hardship" means a hardship which arises from a unique circumstance that restricts the ability of a person or entity to comply with these rules.

Source. #10482, eff 12-5-13

Box 204.03 Filing. The original and one copy of a petition for waiver of a rule or declaratory ruling shall be filed with the commission in accordance with Box 202.03.

Source. #10482, eff 12-5-13

Box 204.04 Format and Content of Petitions.

(a) Petitions for waiver of rules and declaratory rulings, shall include the following:

(1) The legal name of each person requesting the action, with a resident address or principal place of business of the person;

(2) The chapter, part or section, or paragraph of the rule that is the subject of the request;

(3) The petitioner’s signature and date signed; and

(4) Any other information as the person filing the petition deems pertinent and relevant, including attachments, exhibits, illustrations, and sworn written documents to the petition.

(b) A petition to waive a rule shall also include a concise and explicit statement of why good cause exists to waive the rule.

(c) A petition for a declaratory ruling shall also include a concise and explicit statement of why the petitioner requests that the commission rule on the statutory provision, rule or order.

Source. #10482, eff 12-5-13

Box 204.05 Processing of Petitions for Waiver and Declaratory Rulings.

(a) If the commission determines that the petition for waiver or declaratory ruling is deficient, the commission shall notify the petitioner within 30 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(b) The commission shall take one of the following actions in response to a petition for waiver of any rule in Box 200:

(1) Grant the petition if:

a. Good cause exists for the requested action; and

b. The interest of the parties to the proceeding will not be prejudiced by the waiver; or

(2) Deny the petition, in writing, stating fully the reasons for denial.

(c) For the purposes of this section, good cause shall exist when the requested action would be more likely to promote the fair, accurate and efficient resolution of issues pending before the commission than would adherence to a particular rule or procedure.

(d) The commission shall take one of the following actions in response to a petition for waiver of a rule in Box 300-800:

(1) Grant the petition if the requested action is:

a. Within the commission’s authority;

b. Consistent with state and federal law and policy; and

c. In the best interest of the petitioner to the extent necessary to ameliorate undue hardship; or

(2) Deny the petition, in writing, stating fully the reasons for denial.

(e) The commission shall take one of the following actions in response to a petition for declaratory ruling:

(1) Issue a declaratory ruling responsive to the petition within 90 days; or

(2) If deemed necessary, request the opinion of the department of justice and issue a declaratory ruling within 90 days following receipt of the department of justice opinion.

Source. #10482, eff 12-5-13

PART Box 205 PETITIONS FOR RULEMAKING AND REQUESTS FOR EXPLANATION OF RULES

Box 205.01 Applicability. Any interested person may petition the commission to adopt, amend, or repeal a rule. The rules in this part shall apply to any rulemaking petition submitted pursuant to RSA 541-A:4.

Source. #10482, eff 12-5-13

Box 205.02 Filing. The original and one copy of a petition for rulemaking shall be filed with the commission in accordance with Box 202.03.

Source. #10482, eff 12-5-13

Box 205.03 Format and Content of Petitions.

(a) A petition to adopt, amend, or repeal a rule shall include the following information:

(1) The legal name of each person requesting the adoption, amendment, or repeal of the rule, with a resident address or principal place of business of the person;

(2) Whether the person is requesting that the commission to adopt, amend or repeal a rule; and

(3) A concise and explicit statement of why the petitioner wants the commission to change the rule(s).

(b) Petitions to adopt, amend, or repeal a rule shall be signed and dated.

(1) The chapter, part, or section, by alphanumeric code, where the person proposes the rule to be inserted; and

(2) The language that the person wants to have adopted as a rule.

(d) A petition to amend a rule shall also include:

(1) The specific rule, by alphanumeric code, that is the subject of the petition; and

(2) The language that the person wants to have adopted as a rule.

(e) A petition to repeal a rule shall also include the specific rule, by code, that is, the subject of the petition.

(f) A petition to adopt, amend, or repeal a rule may also include such other information as the person filing the petition deems pertinent and relevant, and the person may attach exhibits, illustrations, and sworn written documents to the petition.

Source. #10482, eff 12-5-13

Box 205.04 Processing of Rulemaking Petitions.

(a) Upon receipt of a petition to adopt, amend, or repeal a rule, if the commission determines that the petition is deficient, the commission shall notify the petitioner within 14 days, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(b) Within 30 days of receipt of a complete petition for adoption, amendment, or repeal of a rule, the commission shall take one of the following actions:

(1) Grant the petition if the requested action is:

a. Within the commission’s authority; and

b. Consistent with state and federal law and policy; or

(2) Deny the petition, in writing, stating fully the reasons for denial.

(c) If the petition is granted, the commission shall initiate the requested procedure within 120 days of receipt of the petition in accordance with RSA 541-A:3.

Source. #10482, eff 12-5-13

Box 205.05 Requests for Explanation of Rules.

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the commission shall issue an explanation of the rule.

(b) The explanation shall include:

(1) A concise statement of the principal reasons for and against the adoption of the rule in its final form; and

(2) An explanation of why the adopting authority overruled the arguments and considerations against the rule.

Source. #10482, eff 12-5-13

PART Box 206 APPEALS PROCEDURES AND CONDUCT OF HEARINGS

Box 206.01 Applicability. The procedures set forth in this part shall apply to all appeals of decisions of the commission, and to all proceedings to consider refusal, suspension or revocation of a license by the commission pursuant to RSA 285:12.

Source. #10482, eff 12-5-13

Box 206.02 Time for Filing of Appeal. Any appeal shall be filed within 30 days of the date the decision being appealed was issued. As specified in Box 202.04, the appeal shall be deemed to have been filed on the date it is received by the commission.

Source. #10482, eff 12-5-13

Box 206.03 Notice of Appeal.

(a) Adjudicative proceedings shall be commenced by filing a notice of appeal as specified by this section with the commission.

(b) Persons filing a notice of appeal shall include the following:

(1) The exact legal name of each person seeking the relief and the person’s address;

(2) A copy of the decision or order which is being appealed;

(3) A clear and concise statement of the relief sought and the statutory provision(s) under which the relief is sought;

(4) A concise and explicit statement of the facts upon which the commission is expected to rely in granting relief; and

(5) The appellant’s signature and date signed.

(c) A notice of appeal may also include such other information as the appellant deems pertinent and relevant, and there may be attached to said notice exhibits, illustrations, and documents.

Source. #10482, eff 12-5-13

Box 206.04 Supplemental Materials. Except as otherwise agreed upon at a pre-hearing conference, memoranda, briefs, and other written materials shall be filed with the commission in accordance with Box 202.03 and shall be received by the commission no later than 2 weeks prior to a scheduled hearing.

Source. #10482, eff 12-5-13

Box 206.05 Communications with the Commission.

(a) All documents shall be filed in accordance with Box 202.03 and shall identify the name and address of the communicator and the subject matter of the communication. No person shall submit any documents or exhibits or otherwise communicate any other information pertaining either directly or indirectly to the subject matter of any pending adjudicative proceeding directly to any member of the commission.

(b) Any member of the commission, who has not recused him or herself, receiving any communication from any person or party which pertains to the subject matter of any pending adjudicative proceeding shall, at the next commission meeting, notify the presiding officer on the record of the communication and submit a copy of the same, or, if the communication was made orally, relate the substance of the communication to the presiding officer.

Source. #10482, eff 12-5-13

Box 206.06 Signatures. Every notice, motion, petition, complaint, brief, memorandum, or other document filed in connection with an adjudicative proceeding shall be signed by the filing party or by a duly-authorized representative of the filing party.

Source. #10482, eff 12-5-13

Box 206.07 Identification and Distribution of Notice of Appeal.

(a) Upon receipt of a notice of appeal, the commission shall assign a docket number to the notice of appeal and shall distribute a copy of the notice of appeal to each member of the commission.

(b) The docket number assigned by the commission shall be used by all parties to identify all correspondence and other documents relating to the appeal, including any exhibits used at a hearing, subsequently submitted to the commission.

Source. #10482, eff 12-5-13

Box 206.08 Scheduling and Notice of Hearing.

(a) The date of the appeal hearing shall be scheduled no later than 90 days following receipt by the commission of a notice of appeal that complies with Box 206.03(b).

(b) Once a hearing date has been set, the commission shall send written notice by certified mail or personal service, in accordance with Box 202.04(b), of the hearing to the appellant and to all other parties to the proceeding.

(1) A statement of the time, place and nature of the hearing;

(2) A statement of the legal authority under which the hearing is to be held;

(3) A reference to the particular statutes and rules involved;

(4) A short and plain statement of the issues involved;

(5) A statement that each party has the right to have an attorney present to represent the party at the party’s expense; and

(6) A statement that each party has the right to have the commission provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding.

Source. #10482, eff 12-5-13

Box 206.09 Calendar of Hearings. The commission shall maintain a record of all appeals pending before the commission.

Source. #10482, eff 12-5-13

Box 206.10 Extensions of Time.

(a) Any party to a proceeding before the commission may petition the commission to extend any time limit established by these rules for good cause. A request for an extension shall be submitted in writing to the commission prior to the expiration of the prescribed period and shall state the reason(s) for the extension request. A copy of any such request shall also be delivered in hand or by first class mail to all other parties of record.

(b) Any other party may object to the request for extension by filing a written objection with the commission within 10 days of the request, stating the reasons why the request should not be granted.

(c) If the commission determines that good cause exists to grant the request and that the delay would not unreasonably prejudice the interests of any other party or the commission, the commission shall grant the extension. Good cause shall include such contingencies as an accident, sudden illness, death of a family member, or other circumstance beyond the control of the party which prevents the party from meeting the time limit.

Source. #10482, eff 12-5-13

Box 206.11 Pre-hearing Conferences.

(a) Any party may request a pre-hearing conference in accordance with the provisions of RSA 541-A:31,V to consider:

(1) Offers of settlement;

(2) Simplification of issues;

(3) Stipulations or admissions as to issues of fact or proof;

(4) Limitations on the number of witnesses;

(5) Changes to standard procedures desired during the hearing;

(6) Consolidation of examination of witnesses; or

(7) Any other matters which aid in the disposition of the proceeding.

(b) If the parties agree to a resolution of the matter at the meeting, then a stipulation or other settlement agreement or a withdrawal of the appeal shall be filed with the commission prior to the commission meeting for which the hearing had been scheduled.

Source. #10482, eff 12-5-13

Box 206.12 Requests for Information or Documents.

(a) Each party shall attempt in good faith to make complete and timely responses to requests for information or documents relevant to a hearing.

(b) Any party may file a motion requesting the presiding officer to order the parties to comply with requests for information. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such notice is issued less than 30 days before the hearing.

(1) Set forth in detail those factors which the party believes justifies the request; and

(2) List with specificity the information it is seeking to discover.

(d) The presiding officer shall grant the motion if the party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing.

(e) Except as otherwise ordered by the commission, at least 5 days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

Source. #10482, eff 12-5-13

Box 206.13 Appearance Before the Commission. Any party to an adjudicative proceeding or that party’s designated representative shall be entitled to generally participate in the conduct of the adjudicative proceeding. Appearances shall be entered either in writing or into the record of the hearing.

Source. #10482, eff 12-5-13

Box 206.14 Failure to Appear.

(a) If any party to whom notice of a hearing has been given in accordance with these rules fails to appear and fails to advise the commission of such non-appearance in advance of the hearing, and the presiding officer determines that delaying the hearing to a later date would cause inconvenience or prejudice to the party or parties present, the commission shall hear the evidence and testimony of the parties present.

(b) If a hearing is held in a party’s absence, the party may file a motion to reconvene the hearing within 10 days after the date of the hearing.

(1) State the reason(s) why the party was absent from the hearing;

(2) State the reason(s) why the commission was not notified of the absence in advance of the hearing; and

(3) Be supported by affidavits or other evidence.

(d) If the commission determines that good cause exists to explain the party’s failure to appear at the hearing and to explain the party’s failure to notify the commission in advance of the hearing, the commission shall reconvene the hearing by scheduling another hearing. For the purposes of this section, good cause shall include accident, sudden illness, and death of a family member or other circumstance beyond the control of the party which prevents the party from attending the hearing and from notifying the commission.

Source. #10482, eff 12-5-13

Box 206.15 Parties, Intervenors, and Complainants.

(a) License applicants requesting a hearing in response to a notice of license refusal and licensees who are the subject of a pending commission action against a license held, pursuant to RSA 285:12,I and appellants to a decision or order of the commission, pursuant to RSA 285:12,II, shall be parties to the adjudicative proceeding.

(b) Any person may intervene in a matter pending before the commission under the provisions of RSA 541-A:32.

(1) The petition is submitted in writing to the presiding officer, with copies mailed to all parties named in the notice of hearing, at least 3 days prior to the hearing;

(2) The petition demonstrates that the petitioner’s rights, duties, privileges immunities or other substantial interests may be affected by the proceeding or that the petitioner qualifies as an intervenor under any provision of law, and

(3) The presiding officer determines that the interests of justice and the orderly and prompt conduct of the proceedings would not be impaired by allowing the intervention.

(d) Unless granted intervenor status, witnesses or person(s) filing complaints to the commission or the department about the conduct of a party under the commission’s jurisdiction, shall not be parties to any enforcement or disciplinary hearings.

Source. #10482, eff 12-5-13

Box 206.16 Representatives.

(a) Any party to a hearing before the commission may be represented by an attorney licensed to practice law in New Hampshire or such other individual as the party may designate.

(b) All representatives shall obtain and become familiar with these procedural rules prior to appearing before the commission.

Source. #10482, eff 12-5-13

Box 206.17 Removal of Representatives. The commission shall, upon a finding of misconduct by any representative appearing before the commission, prohibit that individual from acting as a representative before the commission. For purposes of this section, misconduct means behavior that is disruptive to the orderly conduct of the commission’s business.

Source. #10482, eff 12-5-13

Box 206.18 Presiding Officer.

(a) The presiding officer at a hearing shall be the chairman of the commission if present and willing to preside. If the chairman is unavailable for any reason, the presiding officer shall be a member of the commission selected by those members present at the hearing.

(b) The presiding officer shall as necessary:

(1) Regulate the course of the hearing;

(2) Rule upon issues of procedure, except as otherwise specified;

(3) Administer oaths or affirmations;

(4) Rule on issues of evidence;

(5) Question any person who testifies; and

(6) Take such other action that is necessary for the efficient and orderly conduct of the hearing, consistent with these rules and any other applicable state law.

(c) The presiding officer shall open the hearing by describing in general terms the purpose of the hearing and the general procedures governing its conduct, and shall then proceed in accordance with this part.

Source. #10482, eff 12-5-13

Box 206.19 Withdrawal of Presiding Officer or Member of the Commission.

(a) Upon individual initiative or upon request of any party, the presiding officer or member of the commission shall, for good cause, withdraw from any hearing.

(b) Good cause shall exist if the presiding officer or member of the commission:

(1) Has a direct interest in the outcome of the hearing; or

(2) Has a direct connection with or knowledge of the parties that would be likely to influence his or her judgment.

Source. #10482, eff 12-5-13

Box 206.20 Testimony.

(a) All testimony in an adjudicative proceeding shall be made under oath or affirmation.

(b) Any person offering testimony, evidence or arguments before the commission shall state his or her name and address on the record. If the person is representing another party, the party being represented shall also be identified by name and address.

(d) Whenever it appears that testimony to be offered at the hearing would be more readily understood if presented in written form, the presiding officer shall require the party offering such testimony to submit the testimony in written form, provided such requirement will not substantially prejudice the interests of any party to the hearing. All persons offering testimony in written form shall be present at the hearing and shall be subject to cross-examination as provided in (f), below. This paragraph shall not be construed to prevent oral testimony at a scheduled hearing by any member of the public who requests and is granted time to testify at a hearing pursuant to Box 206.15(b).

(e) Direct testimony shall be offered in the following order:

(1) Such witnesses as the commission calls;

(2) The person who is the subject of the adjudicative proceeding and such witnesses as the person calls; and

(3) Any other party to the proceeding and such witnesses as the party calls;

(f) The presiding officer shall allow members of the commission, legal counsel to the commission, and other parties or their representatives an opportunity to cross-examine each witness. Cross-examination shall be by asking questions directly of the witness, so long as such direct questioning is not disruptive to the orderly conduct of the hearing. If the presiding officer determines that such cross-examination is disruptive to the orderly conduct of the hearing, then the presiding officer shall require the cross-examination to be conducted indirectly, by addressing questions to the witness through the presiding officer.

Source. #10482, eff 12-5-13

Box 206.21 Exhibits.

(a) Where evidence to be presented consists of numerical or graphic data and such evidence would make oral presentation difficult to follow, such evidence shall be presented in exhibit form.

(b) Space shall be provided in the upper right hand corner of each exhibit for the insertion of the number of the exhibit and the name of the witness through whom it is presented.

(c) The party offering an exhibit shall supply the original and one copy thereof to the commission and shall provide a copy to all other parties of record, unless exempted under Box 206.24(d).

Source. #10482, eff 12-5-13

Box 206.22 Motions.

(a) Motions shall be in written form, unless made in response to a matter asserted for the first time at the hearing. All motions shall contain a clear and concise statement of the facts and law which support the motion and shall state the specific relief or ruling requested. The moving party shall have the burden of persuasion on all matters raised in the motion.

(b) Written motions shall be included in the record of the proceeding. Oral motions shall be recorded in full on the tape of the hearing. All parties who would be adversely affected by the ruling sought in a motion shall have an opportunity to respond to the motion. For written motions, responses shall be in writing and shall be filed no later than 10 days after receipt of the motion by the commission. For oral motions, responses shall be made during the hearing at which the oral motion was made.

Source. #10482, eff 12-5-13

Box 206.23 Requests for Finding and Conclusions.

(a) Any party or party’s representative may submit requests for findings of fact and conclusions of law, provided that, such requests are submitted before the close of the record.

(b) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposal(s).

Source. #10482, eff 12-5-13

Box 206.24 Evidence.

(a) Pursuant to RSA 541-A:33,II, the rules of evidence shall not apply.

(b) Evidence which is relevant and material to the subject matter of the hearing shall be admissible. Evidence which is irrelevant, immaterial, or unduly repetitious shall be excluded. The experience, technical competence, and specialized knowledge of the members of the commission, if relevant, can be used in the evaluation of all evidence submitted to the commission.

(c) Whenever necessary for a full and fair consideration of the appeal or hearing, the presiding officer shall take official notice of the following:

(1) Relevant laws and rules;

(2) The record of other proceedings before the commission;

(3) Any fact which could be judicially noticed in the courts of this state;

(4) Generally recognized facts of common knowledge to the general public; and

(5) Physical, technical or scientific facts within the commission’s specialized knowledge.

(d) All documents, materials, and objects offered in evidence shall be marked by the offering party with the docket number and shall, if accepted, be numbered or otherwise identified in a sequential manner. Documentary evidence shall be received in the form of copies or excerpts if the original is not readily available. Any person offering any documentary evidence shall provide each member of the commission and each party with a copy of such documents, unless such documents are of such form, size or character as not to be suitable for reproduction.

(e) In a proceeding involving an application, the application filed with the commission, including exhibits and amendments thereto, shall be placed into evidence by the commission.

(f) All objections to rulings of the presiding officer regarding evidence or procedure and the grounds therefore shall be stated during the course of the hearing. Nothing herein shall be construed as independent authorization for interlocutory appeals of rulings of the presiding officer.

(g) No information shall be considered as evidence or made part of the record in any adjudicative proceeding before the commission that is not introduced as evidence in accordance with this part.

Source. #10482, eff 12-5-13

Box 206.25 Standard of Proof. The standard of proof at hearings shall be proof by a preponderance of the evidence. For purposes of these rules, proof by a preponderance of the evidence means that what is sought to be proved is more probable than not.

Source. #10482, eff 12-5-13

Box 206.26 Burden of Proof.

(a) In all adjudicative hearings, the party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

(b) In a hearing held to determine whether a license should be suspended, revoked, or not renewed, pursuant to RSA 285:12,I, the commission shall bear the overall burden of proof by a preponderance of the evidence.

(c) In an appeal of a disciplinary action which has been taken by the commission pursuant to RSA 285:12,I the appellant shall bear the burden of proving, by a preponderance of the evidence, that the decision is unjust, unreasonable, or unlawful.

Source. #10482, eff 12-5-13

Box 206.27 Hearing Record.

(a) The record of the hearing shall include:

(1) Notices of the hearing;

(2) The tape recording of the hearing;

(3) All exhibits, motions, requests for findings and conclusions, and other written materials submitted by the parties;

(4) Any other item(s) specified by RSA 541-A:31,VI, that are applicable in the proceeding; and

(5) The transcript provided by a certified shorthand court reporter if the commission has provided one, pursuant to RSA 541-A:31, VII-a.

(b) All testimony shall be recorded. The commission, upon request of a party, shall provide, at cost, a duplicate tape of the hearing or shall make arrangements to provide a transcript of the hearing as provided in RSA 541-A:31, VII and VII-a.

Source. #10482, eff 12-5-13

Box 206.28 Recess and Adjournment. The commission shall, from time to time, at the request of any party or on its own initiative, recess or adjourn any hearings as might be necessary for the orderly conduct of the proceeding.

Source. #10482, eff 12-5-13

Box 206.29 Continuance.

(a) Any party may request that a hearing conducted pursuant to this part be continued for reasonable cause and reconvened or rescheduled. Reasonable cause shall include, but not be limited to, unavailability of an individual party, a representative or critical witness, or that the parties believe that an informal resolution is possible and need more time to resolve the matter.

(b) A request for a continuance of a hearing made in advance of the hearing shall be in writing, shall state the reason(s) for the request, and shall be filed at least one week prior to the scheduled hearing date. Requests for a continuance made at a hearing may be made orally and shall be entered in the record of the hearing.

(c) If the commission determines that reasonable cause exists and that no other party will be prejudiced by the delay, the commission shall grant the request. All orders for continuance shall specify the time and place at which such hearing shall be reconvened. The presiding officer shall notify the parties and the public, if applicable, in such a manner as is appropriate to ensure that reasonable notice shall be given of the time and place of such continued hearing.

Source. #10482, eff 12-5-13

Box 206.30 Close of the Record.

(a) After the conclusion of the hearing, no other evidence or argument shall be allowed into the record, except as allowed pursuant to (b), below.

(b) Prior to the conclusion of the hearing a party may request that the record be left open for a specified period of time in which to file evidence or arguments not available at the hearing. If the commission determines that such evidence or arguments is necessary to a full consideration of the issues raised in the appeal, and the party was not at fault for failing to submit the evidence or arguments, and there is a likelihood that a different result would occur, the presiding officer shall set a date by which the additional material shall be filed.

(c) The party filing such additional material shall also deliver or send copies of all items filed to all other parties of record.

Source. #10482, eff 12-5-13

Box 206.31 Reopening of the Record.

(a) The commission shall, on its own motion or that of any party, order reopening of the record or rehearing where, through accident, mistake or misfortune, justice has not been done and a further hearing would be equitable.

(b) If the commission determines that evidence or arguments, not previously considered, are necessary to a full consideration of the issues raised by the appeal and the party was not at fault for failing to submit the evidence or arguments and there is a likelihood that a different result would occur, the record shall be reopened to accept the offered items.

(c) The presiding officer shall give written notice of the acceptance into the record of the offered items to all parties of record if the parties are no longer present. The presiding officer shall also set a time within which other parties may respond to or rebut the items made part of the record.

Source. #10482, eff 12-5-13

Box 206.32 Decisions.

(a) Members of the commission shall make a decision only after personally hearing the testimony in the case unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) The commission shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

Source. #10482, eff 12-5-13

Box 206.33 Motion for Rehearing or Reconsideration.

(a) Any party seeking rehearing or reconsideration of a decision by the commission shall file a motion for rehearing or reconsideration within 30 days of the decision. Copies of the motion shall also be delivered or sent to all other parties of record.

(b) A motion for rehearing or reconsideration shall:

(1) Specify the finding(s), conclusion(s), or conditions(s) to which the moving party objects;

(2) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(3) State whether the moving party seeks to present new or additional evidence, and if so, the nature of such evidence to be offered; and

(4) Concisely state the factual findings, reasoning or legal conclusion urged by the moving party.

(c) The commission shall, at its first available meeting following the receipt of such a motion, grant or deny the motion.

(d) A motion for rehearing or reconsideration shall be granted only if:

(1) Material evidence is presented with the motion which, despite due diligence, was not available at the time of the hearing; or

(2) The party making the motion demonstrates that the commission’s decision is based on a legal error concerning the interpretation or application of any statute, administrative rule or case law.

(e) Any hearing held under this section shall be limited to the issues raised in the motion for rehearing or reconsideration. The commission shall send notice to all parties of record of the rehearing.

(f) A commission decision shall become final if no motion for rehearing or reconsideration is filed within the period specified in (a), above.

Source. #10482, eff 12-5-13

PART Box 207 NON-ADJUDICATIVE PUBLIC HEARINGS

Box 207.01 Applicability. These rules shall apply to the conduct of hearings held by the commission to provide information and receive public comment in any matter that is not a contested case as defined by RSA 541-A:1, IV.

Source. #10482, eff 12-5-13

Box 207.02 Non-Adjudicative Public Hearings. A non-adjudicative public hearing shall be held:

(a) When proposing to adopt, readopt, amend, or repeal rules;

(b) For any matter for which the commission is required by law or by these rules to hold a hearing that is not a contested case; and

(c) For any matter for which the law does not require the commission to hold a hearing but for which the commission believes a public hearing would be of benefit.

Source. #10482, eff 12-5-13

Box 207.03 Notice. Notice of the date, time, and place of the hearing shall be given as follows:

(a) For a rulemaking hearing held pursuant to RSA 541-A:

(1) By publication in the rulemaking register pursuant to RSA 541-A:6; and

(2) By posting a notice of hearing on the commission’s website.

(b) For all other public hearings, by such means as the commission determines will provide notice to those persons likely to be interested in the most cost-effective manner.

Source. #10482, eff 12-5-13

Box 207.04 Record.

(a) A record of the hearing shall be kept by tape recording or other method which will provide a verbatim record.

(b) Copies of the recording shall be provided to any person upon request and payment of the costs of the tape(s).

Source. #10482, eff 12-5-13

Box 207.05 Opening the Hearing.

(a) The presiding officer shall open the hearing by describing in general terms the purpose of the hearing and procedures governing its conduct.

(b) If the purpose of the hearing is to provide information to the public, the presiding officer, staff, or such other person as the presiding officer designates shall then present such information.

(c) After the opening statement and presentation of information, if any, the presiding officer shall open the hearing to receive comments and/or questions from the persons attending the hearing.

Source. #10482, eff 12-5-13

Box 207.06 Testimony.

(a) Any individual wishing to submit written testimony or exhibit(s) at a non-adjudicative public hearing shall do so to the presiding officer, provided the individual signs and dates such testimony or exhibit(s).

(b) Any individual wishing to testify at a non-adjudicative public hearing shall submit his/her name, address, and whom the person represents, if anyone, in writing to the presiding officer. The presiding officer shall call each individual to present testimony.

(c) At the conclusion of testimony of each individual, the presiding officer shall ask such questions as are necessary to clarify the testimony given.

(d) The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.

Source. #10482, eff 12-5-13

Box 207.07 Closing of the Hearing and the Record.

(a) The presiding officer shall close the hearing when he/she determines that no one has further questions or comments that are relevant to the subject of the hearing.

(b) For rulemaking hearings, the record shall remain open until the date specified in the rulemaking register.

Source. #10482, eff 12-5-13

Box 207.08 Continuances.

(a) Hearings on proposed rules shall be continued only in accordance with RSA 541-A.

(b) At any non-adjudicative public hearing other than a hearing on proposed rules, if anyone requests a continuance and the presiding officer determines that the public will be best served by continuing the hearing and that any prejudice caused to any person as a result of the continuance is outweighed by the benefit to the public of granting the continuance, the presiding officer shall order that the hearing be continued to a later date, time, and place.

(c) If such later date, time, and place are known at the time of the hearing that is being continued, the presiding officer shall state the date, time, and place on the record.

(d) If such later date, time, and place are not known at the time of the hearing that is being continued, the presiding officer shall state how notice will be given of the date, time, and place of the continued hearing.

Source. #10482, eff 12-5-13

CHAPTER Box 300 PERMITS AND LICENSES FOR FIGHTING SPORTS COMPETITIONS

PART Box 301 APPLICATION PROCEDURES

Box 301.01 Promoter Permits.

(a) Each person seeking to arrange an amateur or professional fighting sports competition in New Hampshire shall, at least 60 days before the event, apply for a promoter's permit by completing and submitting the “Application for Promoter’s Permit” form.

(b) The “Application for Promoter’s Permit” shall include the following information:

(1) Name and address of sponsoring organization;

(2) Name, address, and telephone number of individual responsible for arranging the competition;

(3) City or town where competition will be held;

(4) Proposed date of event;

(5) Tentative list of fighters with the application and final list of fighters and bouts shall be submitted at least 72 hours prior to the event;

(6) Description of planned public safety measures, including law enforcement, private security guards, fire department, and emergency medical technicians;

(7) Description of the promoter's qualifications and experience in the business of arranging for professional fighting sports competitions; and

(8) Signature of promoter or authorized agent.

(c) The fee for permits shall be $100 for each day of the event. A different permit shall be required for each day of competitions.

(d) The applicant shall deliver the completed application and fee to the commission via the office of professional licensure and certification (“OPLC”) using the portal available via www.oplc.nh.gov, or by mail or hand-delivery to:

New Hampshire Boxing and Wrestling Commission

c/o The Office of Professional Licensure and Certification

7 Eagle Square

Concord, New Hampshire 03301

(e) The OPLC shall conditionally approve an application for a permit if a commissioner finds that the applicant has demonstrated that it has the experience, capability, and resources necessary to promote the proposed fighting sports competition without endangering public safety or the safety of the participants and finally approved when the OPLC approves the final list of fighters and bouts.

(f) A permit to promote a fighting sports competition shall be valid only for the event identified in the application.

(g) No permit shall be required for fighting sports competitions arranged by a college, university, or school.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14038 eff 7-30-24

Box 301.02 Licenses for Professional Fighters, Managers, Referees, Judges, Cornermen, Timekeepers, and Scorekeepers.

(a) Each person seeking to participate in fighting sports competitions in New Hampshire as a professional fighter, manager, referee, judge, cornerman, timekeeper, or scorekeeper shall apply for a license by completing and submitting the “License Application” revised 4/24.

(b) The “License Application” shall include the following information:

(1) Identify type of license applied for;

(2) Name, address, telephone number and e-mail address;

(3) Description of the applicant’s qualifications and experience in the role applied for; and

(4) Proof of identity and signature of applicant.

(d) The applicant shall personally deliver the completed application and fee to the OPLC using the portal available via www.oplc.nh.gov, or by mail or hand-delivery to:

New Hampshire Boxing and Wrestling Commission

c/o The Office of Professional Licensure and Certification

7 Eagle Square

Concord, New Hampshire 03301

(e) An application for a license shall be granted by the OPLC if a commissioner finds that the applicant has demonstrated that they have the background and experience necessary to safely and successfully participate in fighting sports competitions in the role applied for.

(f) An applicant shall have completed at least 3 fights to be eligible for a professional MMA fighter’s license.

(g) The OPLC shall specify on each license whether it is for a professional fighting sports contestant, such as a boxer, wrestler, or mixed martial artist, or a manager, cornerman, referee, judge, timekeeper, or scorekeeper.

(h) A license shall be valid for a period of 2 years from the date of issuance.

(i) No license shall be required for any participant in a fighting sports competition arranged by a college, university, or school.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14038 eff 7-30-24

PART Box 302 GENERAL REQUIREMENTS FOR FIGHTING SPORTS COMPETITIONS

Box 302.01 Report and Gross Receipts Tax.

(a) Within 72 hours following each competition, the promoter shall:

(1) File a report with the OPLC identifying the number of tickets sold in every price category and the amount of gross receipts of paid admissions; and

(2) Pay by certified check a tax of 5 percent of the gross receipts of paid admissions.

(b) The OPLC shall forward each report received pursuant to this section to the commission prior to the next meeting after the report is received.

Source. #10483, eff 12-5-13; ss by #14038 eff 7-30-24

CHAPTER Box 400 CONTINUED STATUS

PART Box 401 RENEWAL

Box 401.01 Renewal of Licenses. A license for a fighter, manager, referee, judge, cornerman, timekeeper, or scorekeeper shall be renewed by re-applying for a license as prescribed in Box 301.02.

Source. #4420, eff 5-24-88; EXPIRED 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14034 eff 7-30-24

PART Box 402 SUSPENSION, REVOCATION AND OTHER SANCTIONS

Box 402.01 Disciplinary Proceedings. The commission shall undertake misconduct investigations, settlements of misconduct allegations, or disciplinary proceedings, when warranted, in response to information that reasonably suggests that a permittee or licensee has violated any provision of RSA 285 or these rules.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14034 eff 7-30-24

Box 402.02 Suspension or Revocation.

(a) Unless the commission finds that public health, safety, or welfare requires emergency action and an immediate suspension of a license or permit, pursuant to RSA 541-A:30, III, the commission shall suspend or revoke a permit or license for good cause, and only after the respondent has been provided notice and an opportunity to be heard in an adjudicative proceeding conducted in accordance with Box 200 or pursuant to a mutually agreed-upon settlement.

(b) Good cause shall exist for the suspension or revocation of a permit or license when a promoter or licensee has violated any provision of RSA 285 or these rules, or whose fighting sports license or permit has been suspended or revoked in another jurisdiction.

(c) Copies of commission orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

(d) When the commission receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, where the license was not reinstated, the commission shall issue an order directing the licensee to demonstrate why reciprocal discipline shall not be imposed in New Hampshire.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14034 eff 7-30-24

CHAPTER Box 500 ETHICAL STANDARDS

PART Box 501 CODE OF ETHICS

Box 501.01 Commissioners and Deputy Inspectors.

(a) Members of the commission and deputy inspectors shall not have any financial interest, directly or indirectly, in professional fighting sports regulated by the commission.

(b) Members of the commission and deputy inspectors shall be subject to the financial disclosure requirements in RSA 15-A, the restrictions on the acceptance of gifts, honorariums, and expense reimbursements in RSA 15-B and the code of ethics in RSA 21-G:27.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14035 eff 7-30-24

Box 501.02 Promoters. A promoter sponsoring a fighting sport event in New Hampshire shall not have any financial interest, directly or indirectly, in any person competing in the fighting sports competition arranged by the promoter.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14035 eff 7-30-24

CHAPTER Box 600 BOXING COMPETITIONS

PART Box 601 PROFESSIONAL BOXING

Box 601.01 Professional Boxing.

(a) All professional boxing competitions shall be conducted in compliance with the Unified Rules of Boxing, https://www.abcboxing.com/unified-rules-boxing/, approved by the Association of Boxing Commissions on August 25, 2001, and amended August 2, 2002, July 3, 2008 and July 24, 2012, and the Regulatory Guidelines and Rules for World and Regional Championship Bouts, http://abcboxing.com/abcboxing_regulatory_guidelines/, approved July 27, 2005.

Source. #4420, eff 5-24-88; EXPIRED: 5-24-94

New. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14036 eff 7-30-24

PART Box 602 AMATEUR BOXING

Box 602.01 Amateur Boxing.

(a) All amateur boxing competitions shall be conducted in compliance with the official rulebook of USA Boxing Inc., https://www.usaboxing.org/usa-boxing-rulebook.

(b) All amateur boxing officials, including, but not limited to, referees, judges, timekeepers, physicians, and clerks, shall register and become certified by the New England Association of USA Boxing, Inc. and shall be under the oversight and direction of the commission.

Source. #10483, eff 12-5-13; ss by #14036 eff 7-30-24

CHAPTER Box 700 MIXED MARTIAL ARTS COMPETITIONS

PART Box 701 NEW HAMPSHIRE PROFESSIONAL MMA UNIFIED RULES

Box 701.01 Professional Mixed Martial Arts.

(a) All professional mixed martial arts competitions shall be conducted in compliance with Box 701, which shall be known as the New Hampshire Professional MMA Unified Rules.

(b) The following techniques shall be legal when fighting from the standing position:

(1) All hand, elbow, except for “12 to 6”, and shoulder strikes to approved targets;

(2) Kicks to head, body, and legs;

(3) Knees to head, body, and legs;

(4) Foot stomps; and

(5) All throws and takedowns, except any technique that spikes an opponent onto their head.

(c) A standing fighter may kick a downed opponent in the body and legs if and only if the downed fighter is flat on his or her back or sitting in the open guard position.

(d) All kicks from a standing fighter to a grounded opponent shall have an arcing motion.

(e) The following techniques shall be legal when both fighters are fighting on the ground:

(1) All submissions except small joint manipulations such as attacking less than 3 fingers;

(2) All hand, shoulder and elbow strikes to approved targets;

(3) Knees to body and legs only on ground; and

(4) Slamming an opponent to the mat, except a fighter shall not spike an opponent onto their head.

(f) A fighter shall be considered on the ground, or grounded, if anything other than the soles of their feet are touching the mat.

(g) A grounded fighter may kick up at a standing fighter to his or her body, legs, and head if the grounded fighter is on his or her back or is in open guard.

(h) No heel-to-kidney kicks shall be permitted from the guard position. Kicks between grounded opponents shall be permitted to the body and legs only.

(i) The following techniques are prohibited and considered fouls by the referee:

(1) Butting with the head;

(2) Eye gouging of any kind;

(3) Biting or spitting at an opponent;

(4) Hair pulling;

(5) Fish hooking;

(6) Groin attacks of any kind;

(7) Intentionally placing a finger in any opponent’s bodily orifice;

(8) Small joint manipulation;

(9) Strikes to the spine or the back of the head, defined as the area behind a 1-inch centerline from the crown of the head descending down the head to the tops of the ears, including the base of the skull and the nape of the neck;

(10) Elbow strikes from the top of the head to the spine area;

(11) Heel kicks to the kidney;

(12) Throat strikes of any kind;

(13) Clawing, pinching, twisting of flesh or grabbing of clavicle;

(14) Kicking the head of a grounded fighter;

(15) Knees to the head on the ground;

(16) Use of language in the fighting area that would offend or anger a reasonable person;

(17) Any conduct that would be considered unsportsmanlike because it would be considered disrespectful to another participant, official or member of the public by a reasonable person;

(18) Attacking an opponent during a break;

(19) Attacking an opponent who is under the referee’s care at the time;

(20) Timidity, such as avoiding contact, or consistent dropping of mouthpiece, or faking an injury;

(21) Interference from the fighter’s cornermen;

(22) Throwing an opponent out of the fighting area;

(23) Flagrant disregard for the referee’s instructions;

(24) Spiking an opponent to the canvas on their head;

(25) Using bodily fluids as an offensive weapon;

(26) Grabbing the ropes or the fence; and

(27) Grabbing an opponent’s shorts or grabbing inside an opponent’s gloves.

(j) At the referee’s discretion, the referee shall issue a single warning to a fighter who commits a foul.

(k) After the initial single warning, if the prohibited conduct persists, a penalty shall be issued. The penalty shall result in a deduction of one point by the official scorekeeper from the offending fighter’s score.

(l) If a second foul is committed after a warning has been issued, a disqualification shall be issued by the referee.

(m) The referee shall be the sole arbitrator of these rules during a fight and the only one who can assess a foul. If the referee does not call the foul, the judges shall not make that assessment on their own and shall not factor such into their scoring.

(n) A referee shall disqualify a fighter and terminate a fight when, in his or her opinion, the foul committed by the fighter was intentional, flagrant or dangerous.

(o) If a referee stops a fight due to excessive bleeding or blood interfering with fighter safety, timekeeping for the round shall be stopped, and the attending doctor shall determine if the fight can continue.

(p) If a fighter cannot continue due to excessive bleeding caused by a legal blow, a technical knock out shall be declared by the referee.

(q) If a fighter cannot continue due to excessive bleeding caused by an unintentional foul blow, then:

(1) The bout shall result in a no contest if stopped before 2 rounds have been completed in a 3 round bout or if stopped before 3 rounds have been completed in a 5 round bout;

(2) If stopped after 2 rounds have been completed in a 3 round bout, or after 3 rounds have been completed in a 5 round bout, the bout shall result in a technical decision awarded to the fighter who is ahead on the scorecards at the time the bout is stopped; and

(3) If a fighter cannot continue due to bleeding caused by an intentional illegal blow or technique, the fighter throwing the illegal blow or technique shall be disqualified, and the fighter receiving the blow shall win by disqualification.

(r) If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury shall lose by disqualification.

(s) If an unintentional low blow to the groin is thrown and the referee sees it, the fighter receiving the blow may be allowed up to 5 minutes to regain composure, in the referee’s sole discretion. The 5-minute injury time shall be only applicable to groin fouls.

(t) If the injured fighter is unable to continue, the bout shall result in a no contest if stopped before 2 rounds have been completed in a 3 round bout or if stopped before 3 rounds have been completed in a 5 round bout.

(u) If stopped after 2 rounds have been completed in a 3 round bout, or after 3 rounds have been completed in a 5 round bout, the bout shall result in a technical decision awarded to the fighter who is ahead on the judges’ scorecards at the time the bout is stopped.

(v) There shall be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the scorekeeper calculates the final score.

(w) All fights shall be 3 rounds of 5 minutes each, except championship title fights, which shall be 5 rounds of 5 minutes each, all with a one minute rest period in between rounds.

(x) All fights shall be scored by the judges using the industry standard known as the Ten Point Must System, meaning that 10 points shall be awarded to the winner of the round and the fighter who has lost the round shall be awarded 9 points or less.

(y) The following objective scoring criteria shall be used by the judges when scoring a round:

(1) 10-9 rounds shall be awarded when a contestant wins by a close margin, landing the greater number of effective legal strikes, grappling, and other maneuvers;

(2) 10-8 rounds shall be awarded when a contestant overwhelmingly dominates their opponent by striking or grappling; and

(3) 10-7 rounds shall be awarded when a contestant totally dominates his or her opponent by striking or grappling.

(z) There shall be no overtime rounds without prior authorization by the commission.

(aa) A fighter shall be responsible for the behavior of their cornermen and may be disqualified for unsportsmanlike corner behavior.

(ab) A fighter’s taped hands shall be approved and signed by a commissioner or deputy inspector prior to the fight. Gloves shall not be placed on a fighter’s hands until such approval has been granted. The wrap on each contestant’s hand shall be restricted to soft gauze, shall not cover the knuckles, shall not be excessive and shall not be more than 2 inches in width. Either one strip of surgeon’s tape or gauze, but not both, shall be allowed between the fingers. Fighters shall have one wrap of tape around glove closure to be applied by a commissioner or deputy inspector.

(ac) The promoter shall provide identical gloves to all fighters, except that they may vary in color.

(ad) No shirts shall be worn during a fight, except by female fighters.

(ae) Each fighter shall wear MMA shorts, board shorts, or kickboxing shorts. No pockets or zippers or exterior strings shall be allowed.

(af) Traditional martial arts gis shall be prohibited during competition.

(ag) Fingernails and toenails shall be neatly trimmed.

(ah) Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either fighter or cover any part of the fighter’s face.

(ai) All contestants shall have clean bodies and hair.

(aj) Any knee or ankle supports shall be soft and have no exterior uncovered material, which could cause abrasion.

(ak) No shoes, jewelry, or body piercing accessories shall be worn during a fight.

(al) No greasing of a fighter’s body shall be permitted. A light greasing of a fighter’s face over and under the eyes shall be permitted.

(am) No taping of a fighter’s toes or fingers together shall be permitted.

(an) Groin and mouth protection shall be mandatory. The bout or round shall not begin without mouthpieces and groin protectors in place. Female fighters shall be prohibited from wearing groin protectors.

(ao) If a fighter’s mouthpiece is involuntarily dislodged during competition, the referee shall call time out and hand the mouthpiece to the fighter at the first opportune moment, without interfering with the immediate action.

(ap) If the referee decides there is a lack of action on the ground, the fight shall be stopped by the referee and both fighters shall be stood up to continue.

(aq) If fighters are in danger of sliding under the ropes, the referee shall stop the action and decide whether to start the fighters in the same position in the center of the ring, or stand them back on their feet.

(ar) The referee, ringside physician, a commissioner or deputy inspector and the fighter’s cornermen shall be authorized to stop a fight to protect the safety of a fighter. A cornerman may stop a fight by “throwing in the towel”, or notifying the referee or a commissioner or deputy inspector in some other manner that attracts the official’s attention.

(as) A referee shall stop a fight for the following reasons:

(1) A fighter is not intelligently defending themself;

(2) A fighter is taking excessive unanswered effective strikes;

(3) A fighter taps out or passes out;

(4) A fighter is knocked down and the referee cannot tell if the fighter capable of continuing the fight;

(5) A scream from a fighter indicates a verbal submission or tap out;

(6) A fighter or fighter’s cornerman has notified the referee that the fighter does not wish to continue; or

(7) A fighter’s cornerman has notified the referee that they wish to end the contest.

Source. #6257, eff 5-25-96, EXPIRED: 5-25-04

New. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

PART Box 702 AMATEUR MIXED MARTIAL ARTS

Box 702.01 Amateur Mixed Martial Arts. All amateur mixed martial arts competitions shall be conducted in compliance with Box 701 with the following modifications:

(a) Fighters may wear shin pads and instep pads made for competition in combat sports in matches where both fighters agree to wear shin pads and instep pads;

(b) Elbow strikes shall be prohibited;

(d) All fights shall be 3 rounds of 3 minutes each, with a one minute rest period in between rounds.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24; ss by #14226, eff 4-1-25

PART Box 703 SPECIAL REQUIREMENTS FOR MMA COMPETITIONS

Box 703.01 Scheduling. A promoter shall notify the commission of the date and location for a proposed event and apply for a promoter’s permit. Only one MMA event shall be scheduled on a reserved date.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.02 Bouts. MMA events shall have a minimum of 7 bouts, with a maximum of 15 bouts.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.03 Local Approval. A promoter shall determine whether the host municipality allows MMA competitions to be held in its jurisdiction.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.04 Compliance with Local Fire and Police Requirements. A promoter shall schedule the fire and police presence required by the host municipality for the event and shall comply with all local fire and police policies and requirements.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.05 Security. A promoter shall provide visible security at an event. It shall be the promoter’s responsibility to keep the crowd under control.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.06 Emergency Medical Services. A promoter shall provide emergency medical technician (EMT) services and at least one ambulance present at all times during a competition. A promoter may have 2 ambulances in the event one has to make a run to the hospital. A commissioner or deputy inspector shall suspend a competition during the absence of the required EMT and ambulance services.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.07 Medical Services. A promoter shall provide a licensed medical doctor or nurse practitioner for the weigh-ins, and 2 licensed medical doctors, physician assistants, nurses, or nurse practitioners at all times during a competition. A doctor or nurse practitioner shall remain ringside, while the other medical person shall be located at the dressing or corner rooms for the duration of the event.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.08 Performance Bond and Medical Insurance. A promoter shall obtain a performance bond in the amount of $20,000 and a medical insurance policy for the competition that provides a minimum of $20,000 medical coverage for each fighter.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.09 Officials. At least one month prior to a competition, a promoter shall provide the commission with a preliminary list of officials scheduled to attend a competition, including referees, judges, timekeepers, scorekeepers, and medical professionals. The promoter shall provide the commission with a brief resume of each official’s experience.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.10 Event Plan. At least 10 days before a competition for which a permit has been granted, the promoter shall submit the following additional information:

(1) Evidence of obtaining a performance bond and medical insurance for the competition;

(2) Evidence of obtaining authorization from the city or town where the competition will be located;

(3) Description of final public safety plan, including arrangements for law enforcement, private security guards, fire department, and emergency medical technicians;

(4) Names of 2 medical doctors or physician's assistants who will attend the competition; and

(5) Final list of referees, judges, scorekeepers, and timekeepers who will officiate at the competition.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.11 Fight List. At least 2 weeks prior to the event, the promoter shall provide the commission with a list of fights, including the fighter’s names, records, and anticipated fight weight class for review and approval. Any changes to the bouts or fighters after the commission has given its initial approval of the fight card shall be reported to commission prior to the start of a competition.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.12 Event Registration. A promoter shall register a competition with www.mixedmartialarts.com, the official MMA database for the Association of Boxing Commissions, and determine whether the license of any fighter scheduled to participate has been suspended in New Hampshire or any other state. No fighter whose MMA license is suspended on the date of the proposed competition shall be allowed to participate.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.13 Weigh-ins. Weigh-ins for both professional and amateur MMA fighters shall be held the night before competition at a location agreed upon by the commission and the promoter. Weigh-ins shall be scheduled with the commission at least one month prior to the event.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.14 Proof of Age and Medical Fitness. At a weigh-in, all fighters wishing to compete as professional or amateur MMA fighters shall display to the commission valid, government-issued photo identification cards demonstrating that the competitor is at least 18 years of age, and the following personal medical information:

(a) Electrocardiogram (EKG) printout, no more than one year old as of the day of fight;

(b) Eye exam, with examination for detached retina, no more than one year old as of the day of fight;

(c) Physical exam, with doctor stating that the fighter is fit to fight, no more than one year old as of the day of fight;

(d) HIV, Hepatitis B, and Hepatitis C results, no more than 6 months old as of the day of fight; and

(e) For female fighters, negative pregnancy test from the same day of weigh-ins.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.15 Failure to Demonstrate Medical Fitness. A fighter who appears at a weigh-in and fails to provide all of the required medical information to the commission at the time of weigh-ins shall be ineligible to fight at the event.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.16 Gross Receipts Tax. A promoter shall pay to the commission a tax of 5 percent of the gross receipts of paid admissions to a competition within 72 hours of its completion.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

Box 703.17 Offensive Behavior. Throughout the event a promoter or fighter shall not display or play a theme that includes music, video, or any type of physical display that contains profanity, vulgar language, or any derogatory ethnic or sexist remarks. Anyone violating this rule shall be suspended from competing in or promoting combat sports in New Hampshire for 6 months.

Source. #10483, eff 12-5-13; ss by #14066 eff 8-27-24

CHAPTER Box 800 RULES FOR OTHER FIGHTING SPORTS COMPETITIONS

PART Box 801 RULES FOR OTHER FIGHTING SPORTS

Box 801.01 Fighting Sports Other Than Boxing, Wrestling, and Mixed Martial Arts. Competitions in fighting sports other than boxing, wrestling, and mixed martial arts shall be conducted in compliance with the official rules of the particular fighting sport, which shall be submitted to the commission for informational purposes with any application for a permit to promote a competition in the fighting sport.

Source. #10483, eff 12-5-13; ss by #14037 eff 7-30-24

APPENDIX A

Rule	Specific State Statute the Rule Implements
Box 101	RSA 285:1-2
Box 102	RSA 285:4 and :19
Box 103	RSA 91-A:5
Box 201	RSA 541-A:16, I,(b)(2)
Box 202	RSA 541-A:16, I,(b)(2)
Box 203	RSA 541-A:16, I,(b)(2) and RSA 285:7, III
Box 204	RSA 541-A:16, I,(d)
Box 205	RSA 541-A:16, I,(c)
Box 206	RSA 541-A:16, I,(b)(2)
Box 207	RSA 541-A:16, I,(b)(3)

Box 301.01	RSA 285:10, I; RSA 285:13, I; RSA 285:7, II, IV
Box 301.02	RSA 285:11, RSA 285:7, II and IV; RSA 310:5
Box 302.01	RSA 285:14, I and II

Box 401.01	RSA 285:11
Box 402	RSA 285:12; RSA 285:7, III

Box 501.01	RSA 285:3, I; RSA 15-A; RSA 15-B; RSA 21-G
Box 501.02	RSA 285:10, III

Box 601.01	RSA 285:7, I
Box 602.01	RSA 285:9-a; RSA 285:7, I

Box 701.01	RSA 285:7, I
Box 702.01	RSA 285:7, I
Box 703.01-.02	RSA 285:7, I
Box 703.03	RSA 285:20
Box 703.04-.07	RSA 285:7, I
Box 703.08	RSA 285:7, IV and V
Box 703.09-.13	RSA 285:7, I
Box 703.14-.15	RSA 285:16; RSA 285:15; RSA 285:7, I
Box 703:16	RSA 285:14, II
Box 703.17	RSA 285:7, I

Box 801.01	RSA 285:7, I

APPENDIX B

Rule	Title	Obtain at:
Box 601.01	Unified Rules of Boxing	Online: https://www.abcboxing.com/unified-rules-boxing/
Box 601.01	Regulatory Guidelines and Rules for World and Regional Championship Bouts	Online: https://www.abcboxing.com/abc-regulatory-guidelines/
Box 602.01	USA Boxing Rulebook	Online: https://www.usaboxing.org/usa-boxing-rulebook

APPENDIX C

For professional boxing, Box 601.01 incorporates by reference the following rules adopted by the U. S. Association of Boxing Commissions:

(a) Unified Rules of Boxing, approved by the Association of Boxing Commissions on August 25, 2001, and amended August 2, 2002, July 3, 2008 and July 24, 2012, which can be obtained by members of the public at no cost at http://abcboxing.com/unified_boxing_rules.html; and

(b) Regulatory Guidelines for World and Regional Championship Bouts, approved July 27, 2005, which can be obtained by members of the public at no cost at

http://abcboxing.com/documents/abcboxing_regulatory_guidelines.htm.

For amateur boxing, Box 602.01 incorporates by reference the following rules adopted by the U. S. Association of Boxing Commissions:

(a) the official rulebook of USA Boxing Inc, which can be obtained by members of the public at no cost at http://www2.teamusa.org/USA-Boxing/About-Us/Official-Rulebook.aspx.