(a) In addition to any other powers and duties authorized by law, the director shall have the following powers and duties:

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Terms Used In Hawaii Revised Statutes 440E-4

  • contest: means a contest or exhibition in a mixed martial arts event in which a mixed martial arts contestant competes with another mixed martial arts contestant, using mixed martial arts, and includes an amateur mixed martial arts contest. See Hawaii Revised Statutes 440E-1
  • contestant: means a person who is trained in mixed martial arts and competes in a mixed martial arts contest. See Hawaii Revised Statutes 440E-1
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 440E-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Mixed martial arts: means unarmed combat involving the use, subject to any applicable limits set forth in this chapter and any rules adopted to implement these limits, of a combination of techniques, including grappling, kicking, and striking, from different disciplines of martial arts. See Hawaii Revised Statutes 440E-1
  • Promoter: means an individual, corporation, joint venture, partnership, limited liability corporation, limited liability partnership, or any other type of business entity that promotes, conducts, holds, or gives a mixed martial arts contest. See Hawaii Revised Statutes 440E-1
(1) To adopt, amend, or repeal rules and forms necessary to effectuate this chapter. All rules shall be adopted pursuant to chapter 91 and shall have the force and effect of law. The rules may include, but not be limited to the following:

(A) An appropriate method of ensuring that all financial obligations are met by a promoter who conducts, holds, or gives a mixed martial arts contest;
(B) A public record accounting for the distribution of all tickets provided to the director by a promoter and anything else of value that is provided to the director;
(C) Clinics or seminars on health and safety for licensees deemed necessary by the director;
(D) Criteria for a mandatory neurological and eye examination of any mixed martial arts contestant;
(E) Criteria for and duration of an automatic medical suspension from mixed martial arts contests;
(F) Procedures to evaluate the professional records and physician’s certification of each mixed martial arts contestant participating in a mixed martial arts contest in the State and to deny authorization to a mixed martial arts contestant to fight when the requirements of this chapter are not met;
(G) Procedures to ensure that no mixed martial arts contestant is permitted to compete while under suspension from any entity that regulates mixed martial arts due to:

(i) A recent knockout or series of consecutive losses;
(ii) An injury, any required medical procedure, or a physician’s denial of certification to compete;
(iii) Failure of any drug test; or
(iv) The use of false aliases or falsifying or attempting to falsify official identification cards or documents relating to mixed martial arts contests;
(H) Procedures to review a suspension if appealed by a mixed martial arts contestant, including an opportunity for the contestant to present contradictory evidence;
(I) Procedures to revoke a suspension if a mixed martial arts contestant furnishes proof of sufficiently improved medical or physical condition or furnishes proof that the suspension was not, or is no longer, warranted by the facts; and
(J) Procedures to require updated medical and criminal background checks prior to a contest and at license renewal;
(2) To enforce this chapter and the rules adopted pursuant thereto;
(3) To discipline a person or entity who violates this chapter or the rules adopted pursuant thereto; and
(4) To appoint an advisory committee to assist with the implementation of this chapter and the rules adopted pursuant thereto.
(b) The director may either establish a mixed martial arts registry or data bank on mixed martial arts contestants or use an established registry or data bank that is approved by the director, and issue license cards to mixed martial arts contestants.

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