NE 2011-2 Athletic Commission 2011-10-24

What penalty does the Nebraska State Athletic Commissioner impose on a licensee or applicant who competes in a non-sanctioned fight?

Short answer: A minimum 45-day ban -- or 60 days plus mandatory blood tests if the fight ended by knockout/TKO/RSC strike. Nebraska Athletic Commission Ruling 2011-2 provides that any licensee or license applicant who competes in a non-sanctioned fight (NSF) -- any boxing, wrestling, MMA, sparring, or unarmed combat match not regulated by a state, provincial, or tribal body -- will not be approved by the State Athletic Commissioner to compete for at least 45 days from the NSF. If the NSF ended in a technical knockout (TKO), knockout (KO), or referee-stops-contest strike (RSC strike), the minimum is 60 days, and the fighter must also submit negative test results for HIV, hepatitis C antibody, and hepatitis B before being approved. The Commissioner's authority to reprimand or suspend an athlete for up to one year comes from Neb. Rev. Stat. §§ 81-8,129 and 81-8,139.

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This page answers the general question as of 2011. Ezel answers yours, under current Nebraska tax law, with citations.

Disclaimer: This is an official ruling of the Nebraska State Athletic Commissioner (issued as part of the Nebraska Department of Revenue's published revenue-rulings series): a guidance document stating the Commissioner's interpretation of how the law applies. This is an athletic-regulation matter, not a tax ruling. A ruling like this can be amended, superseded, or made obsolete by a later ruling, a change in statute or regulation, so confirm it is still in effect before relying on it. This summary is informational only and is not legal advice. Consult a licensed Nebraska attorney about your situation.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official state tax ruling. The original ruling (linked on this page as a PDF) is the authoritative source for any reliance.

View original ruling (PDF)

Plain-English summary

This is not a tax ruling -- it's an Athletic Commissioner Ruling published in the Nebraska Department of Revenue's revenue-rulings series. It tells combat-sports athletes what happens if they fight in a non-sanctioned fight (NSF) -- any boxing, wrestling, MMA, sparring, or other unarmed combat match involving striking, kicking, or grappling that is not regulated by a state, provincial, or tribal regulatory body.

The penalty is graduated by how the fight ended:

Ordinary NSF (ends in any manner other than a TKO, KO, or RSC strike): the licensee or applicant will not be approved to compete for at least 45 days from the date of the NSF.
NSF ending in a TKO, KO, or RSC strike (i.e., a hard finish): the minimum jumps to 60 days, and the fighter must submit to the Athletic Commission negative test results for the HIV virus, hepatitis C antibody, and hepatitis B virus, taken by a physician or other person authorized to conduct diagnostic blood tests.

The key definitions the ruling uses:

Knockout (KO): the referee determines a contestant lost consciousness, couldn't rise within the specified time, or otherwise couldn't continue after a legal strike.
Technical knockout (TKO): a boxer is knocked down by a legal strike three times in one round or five times in a bout, or the ring physician or the contestant's corner decides it's unsafe to continue.
Referee stops contest strike (RSC strike): in MMA, the referee determines a contestant suffered a legal blow that prevents safely continuing, or is taking a series of legal strikes and can't effectively defend.
Non-sanctioned fight (NSF): an unarmed combat match not regulated by a state, provincial, or tribal body.

Why: the Commissioner reasons that applicants who compete in NSFs endanger opponents and the public -- especially when a bout ends by KO/TKO/RSC strike -- which justifies the stiffer sanction, consistent with the graduated approach most states use.

What this means for you

Licensed or aspiring boxers, wrestlers, and MMA fighters in Nebraska

Competing in an unregulated fight carries a real cost: you'll be barred from approved competition for at least 45 days, or 60 days plus mandatory HIV/hepatitis B/hepatitis C blood testing if the fight ended in a knockout, technical knockout, or RSC strike. If you're seeking a Nebraska license, the same rule applies to you as an applicant -- an NSF on your record delays approval.

Promoters and matchmakers

Be aware that a fighter who recently competed in an NSF may be ineligible for Commissioner approval for 45-60 days, which can affect booking.

Common questions

Q: What counts as a "non-sanctioned fight"?
A: Any boxing, wrestling, MMA, sparring, or other unarmed combat match involving striking, kicking, or grappling that is not regulated by a state, provincial, or tribal regulatory body.

Q: How long is the ban?
A: At least 45 days from the date of the NSF -- or at least 60 days if the fight ended in a TKO, KO, or RSC strike.

Q: Is there anything beyond the waiting period?
A: Yes, if the NSF ended by TKO, KO, or RSC strike: the fighter must also submit negative test results for HIV, hepatitis C antibody, and hepatitis B before being approved to compete.

Q: Does this apply to license applicants, not just current licensees?
A: Yes. The ruling applies to any licensee "including any license applicant" who competed in an NSF.

Citations and references

Neb. Rev. Stat. § 81-8,129 -- gives the Commissioner sole direction, management, control, and jurisdiction over boxing, wrestling, MMA, and sparring matches.
Neb. Rev. Stat. § 81-8,139 -- gives the Commissioner authority to issue rules and regulations, including the power to reprimand or suspend an athlete for a period not to exceed one year.

Source

Original ruling text

Athletic Commission Ruling 2011-2
October 24, 2011
DISCIPLINARY ACTION FOR PARTICIPATION IN A NON-SANCTIONED FIGHT
Issue
What disciplinary action will the State Athletic Commissioner (Commissioner) take against a
licensee or license applicant who participates in a non-sanctioned fight (NSF)?
Conclusion
Any licensee (including any license applicant) who has competed in a NSF will not be approved by
the Commissioner to compete for a minimum of 45 days from the date of the NSF, if the fight ends
in any manner other than a technical knockout (TKO), knockout (KO), or a referee stops contest
strike (RSC strike).
If the NSF ends as a result of a TKO, KO, or RSC strike, the licensee or license applicant will
not be approved to compete for a minimum of 60 days from the date of the NSF. After the NSF,
the licensee must also submit to the Athletic Commssion his or her negative test results for the
HIV virus, hepatitis C antibody, and the hepatitis B virus, as taken by a physician or other person
authoized by law to conduct diagnostic blood tests.
Definitions
Knockout (KO). Knockout, or “KO,” means a referee has determined that a contestant either
lost consciousness, was unable to rise to his or her feet within a specified period of time, or was
otherwise unable to continue due to a legal strike or blow from an opponent.
Non-sanctioned fight (NSF). Non-sanctioned fight, or “NSF,” means any boxing, wrestling,
mixed martial arts (MMA), sparring, or other unarmed combat match involving striking, kicking,
or grappling which is not regulated by a state, provincial, or tribal regulatory body.
Referee stops contest strike (RSC strike). Referee stops contest strike, or “RSC strike” means
a referee in a MMA contest determines that a contestant: (1) has suffered a legal blow or strike
which would prevent him or her from safely continuing; or (2) is being subjected to a series of
legal strikes or blows and is unable to effectively defend himself or herself.
Technical knockout (TKO). Technical knockout, or “TKO,” means: (1) a boxer is knocked to
the canvas from a legal strike or blow either three times in one round or five times in one bout; or
(2) either the official ring physician or the contestant’s corner determines that it is unsafe for the
contestant to continue.
Analysis
Applicants seeking a license who participate in NSFs endanger opponents and the general public.
This is especially true if the bout ends in a KO, TKO, or RSC strike, justifying a stiffer sanction.
Most states use a graduated discipline like this.

Nebraska Athletic Commission, 1313 Farnam Street, Omaha, Nebraska 68102

Athletic Commission Ruling 2011-2

October 24, 2011

Page 2 of 2

Neb. Rev. Stat. § 81-8,129 grants the Commissioner sole direction, management, control, and
jurisdiction over boxing, wrestling, MMA, and sparring matches. Neb. Rev. Stat. § 81-8,139 grants
the Commissioner authority to issue rules and regulations for the enforcement of the applicable
statutory sections, including the power to reprimand or suspend any athlete for a period not to
exceed one year.
APPROVED:

James M. Haynes
Acting Athletic Commissioner
October 24, 2011

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