2013 Maryland Code
BUSINESS REGULATION
§ 4-310 - Denials, reprimands, suspensions, and revocations -- Grounds; penalties [Effective until July 1, 2013].

§4-310.

(a) (1) Subject to the hearing provisions of § 4-311 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:

(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;

(ii) fraudulently or deceptively uses a license;

(iii) violates this title; or

(iv) violates a regulation adopted under this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Commission may impose a penalty of up to $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Commission shall consider:

1. the seriousness of the violation;

2. the good faith of the violator;

3. any previous violations;

4. the assets of the violator; and

5. the harmful effect of the violation on the general public and the sporting industry.

(b) In addition to the grounds in subsection (a) of this section, the Commission may deny a boxer, kick boxer, or mixed martial arts contestant license to an applicant or suspend or revoke a boxer, kick boxer, or mixed martial arts contestant license if the Commission finds that the applicant or licensee is not fit, based on the neurological examination required under §§ 4-304 and 4-314 of this subtitle and the recommendation of the physician who made the examination.

(c) Subject to the hearing provisions of § 4-311 of this subtitle, the Commission shall suspend or revoke a boxer, kick boxer, or mixed martial arts contestant license and the boxer, kick boxer, or mixed martial arts contestant shall forfeit the purse or other compensation from the contest if the boxer, kick boxer, or mixed martial arts contestant:

(1) refuses to submit to the urine test required under § 4-315(b) of this subtitle; or

(2) submits a urine sample that tests positive for the presence of a controlled dangerous substance defined in § 5-101 of the Criminal Law Article or other substance that the Commission prohibits by regulation.

(d) (1) Subject to the hearing provisions of § 4-311 of this subtitle, the Commission shall deny a promoter license to an applicant or revoke a promoter license if the applicant or licensee:

(i) fails to pay the boxing and wrestling tax required under Title 6 or Title 13 of the Tax - General Article; or

(ii) holds or participates in a fake boxing, wrestling, or mixed martial arts contest.

(2) If a person fails to pay the boxing and wrestling tax, the Commission shall:

(i) impose a penalty not exceeding $5,000; and

(ii) act to enforce the bond of the promoter.

§ 4-310 - Denials, reprimands, suspensions, and revocations -- Grounds; penalties [Effective July 1, 2013].

(a) Discretionary -- In general. --

(1) Subject to the hearing provisions of § 4-311 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee:

(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person;

(ii) fraudulently or deceptively uses a license;

(iii) violates this title; or

(iv) violates a regulation adopted under this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Commission may impose a penalty of up to $ 5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Commission shall consider:

1. the seriousness of the violation;

2. the good faith of the violator;

3. any previous violations;

4. the assets of the violator; and

5. the harmful effect of the violation on the general public and the sporting industry.

(b) Discretionary -- Contestants. -- In addition to the grounds in subsection (a) of this section, the Commission may deny a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license to an applicant or suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license if the Commission finds that the applicant or licensee is not fit, based on the neurological examination required under §§ 4-304 and 4-314 of this subtitle and the recommendation of the physician who made the examination.

(c) Mandatory -- Contestants. -- Subject to the hearing provisions of § 4-311 of this subtitle, the Commission may suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license and may order the boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant to forfeit the purse or other compensation from the contest if the contestant:

(1) refuses to submit to a drug test required under § 4-315(b) of this subtitle; or

(2) submits a urine or blood sample that tests positive for the presence of a controlled dangerous substance defined in § 5-101 of the Criminal Law Article or other substance that the Commission prohibits by regulation, including human growth hormones, steroids, or other performance enhancing drugs.

(d) Mandatory -- Promoters. --

(1) Subject to the hearing provisions of § 4-311 of this subtitle, the Commission shall deny a promoter license to an applicant or revoke a promoter license if the applicant or licensee:

(i) fails to pay the boxing and wrestling tax required under Title 6 or Title 13 of the Tax - General Article; or

(ii) holds or participates in a fake boxing, wrestling, or mixed martial arts contest.

(2) If a person fails to pay the boxing and wrestling tax, the Commission shall:

(i) impose a penalty not exceeding $ 5,000; and

(ii) act to enforce the bond of the promoter.