Ala. Admin. Code r. 165-X-7-.03
Current through Register Vol. 43, No. 1, October 31, 2024
Section 165-X-7-.03 - Bond Procedure(1) Promoter's License Surety Bond.(a) Before any promoter's license is issued, authorizing the promotion of amateur kickboxing matches in Alabama, the applicant shall make and deliver to the Commission a security bond executed by a surety corporation authorized to transact business in this state.(b) Any and all bond applications shall be on a form provided by the Commission, and shall be accompanied by an enforceable power of attorney. The Commission may also require a certificate of "good standing" issued by the Commissioner of Insurance.(c) If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commission within thirty (30) days.(d) The bond shall be in such amount as the Commission may determine based upon the payment of officials' fees, fees necessary to secure the proper medical supervision of any amateur kickboxing event in Alabama, and/or the estimated potential damages, penalties, taxes, or expenses resulting from promotional activities contemplated in Alabama.(e) Whenever the Commission shall determine that a previously approved bond has for any cause become insufficient, the Commission may require an additional bond or bonds to be given, conforming with the requirements of these rules. 1. Unless the additional promoter's license bond or other bonds are given within the time fixed by written demand therefore, or if the promoter's license bond of a licensee is cancelled, the license of such person shall be summarily suspended without notice or hearing. (2)Match Permit Bond.(a) Before any match permit is issued, authorizing the sale of tickets and the ancillary contracting necessary to promote an amateur kickboxing show in Alabama, the applicant shall make and deliver to the Commission a security bond executed by a surety bond corporation authorized to transact business in this state. The purpose of the bond is to ensure that each entity requiring payment in an event in Alabama is paid their entire amount owed, and that full payment of other contractual liabilities is made.(b) Any and all bond applications shall be on a form provided by the Commission, and shall be accompanied by an enforceable power of attorney. The Commission may also require a certificate of "good standing" issued by the Commissioner of Insurance.(c) If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commission within thirty (30) days.(d) The bond shall be in such amount as the Commission may determine based on the estimated contractual liabilities against the licensed promoter for damages and expenses resulting from non-payment of financial liabilities, including but not limited to the total amount of each official's payment or other services contracted for or from promotional activities conducted within Alabama.(e) Whenever the Commission shall determine that a previously approved bond has for any cause become insufficient, the Commission may require additional bond or bonds to be obtained, conforming with the requirements of these rules.1. Unless the additional match permit bond or bonds are given within the time fixed by written demand, or if the match permit bond of a licensee is cancelled, the match permit of such person shall be summarily suspended and without notice or hearing.(3)Complaints and Actions to Recover Damages. Complaints shall be categorized and kept on file by the Commission the appropriate action to be taken. Reports of illegal events, contesting of bout results, complaints against a licensee, and claims against a bond shall be categorized as complaints.(a) Any person claiming that he or she has been damaged by a breach of the conditions of a bond given by a licensee as provided in these rules shall notify the Commission.(b) The Commission, after an investigation is conducted, may initiate disciplinary action against the person who the complaint was filed.(c) Reports of unsanctioned events shall be logged on a complaint database and given a claim number. The Executive Director or other Commission appointed representative(s) may work with the Attorney General's Office and federal, state, and/or local law enforcement agencies to terminate illegal event.(d) Complaint against a bout result. See 165-X-7-.08,9., C.(e) Complaints against a licensee. See 165-X-7-.08,9., C and D.Ala. Admin. Code r. 165-X-7-.03
Adopted by Alabama Administrative Monthly Volume XXXV, Issue No. 03, December 30, 2016, eff. 1/14/2017.Amended by Alabama Administrative Monthly Volume XXXVI, Issue No. 09, June 29, 2018, eff. 8/4/2018.Amended by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.Authors: Joseph B. McCormick, J. Matt Bledsoe, Stan D. Frierson, Shane T. Sears
Statutory Authority:Code of Ala. 1975, § 41-9-1024.