(1) The director may take disciplinary or other action as authorized in section 12-20-404 against a license or an application for a license if the applicant or licensee:
Violates any order of the commission or the director, any provision of this article
110, an applicable provision of article 20 of this title 12, or the rules established under this article 110;
Fails to meet the requirements of this article 110 or the rules of the commission;
Is convicted of or has entered a plea of nolo contendere or guilty to a felony; exceptthat the director shall be governed by the provisions of section 24-5-101 in considering the conviction or plea;
Has a substance use disorder, as defined in section 27-81-102, or is an excessive or ahabitual user or abuser of alcohol or habit-forming drugs or is a habitual user of a controlled substance, as defined in section 18-18-102 (5), if the use, disorder, or dependency is a danger to other licensees;
Has incurred disciplinary action related to professional boxing in another jurisdiction.Evidence of disciplinary action is prima facie evidence for denial of a license or other disciplinary action if the violation would be grounds for disciplinary action in this state.
Provides false information in any application or attempts to obtain a license by fraud,deception, misrepresentation, or concealment;
Is guilty of conduct, or is incompetent or negligent in a manner, that:
Is detrimental to a contest or exhibition of boxing, including unsportsmanlike conductengaged in before, during, or after a contest or exhibition of boxing; or
Results in injury, or creates an unreasonable risk of harm, to a person; or
(h) Fails to comply with a limitation, restriction, or condition that the director or any other state or national regulatory authority responsible for regulating boxing places on the licensee or applicant.
(2) (a) Any proceeding to deny, suspend, revoke, or place on probation a license shall be conducted pursuant to sections 12-20-403, 24-4-104, and 24-4-105.
(b) Upon completing an investigation in accordance with section 12-20-403, the director shall make one of the following findings:
The complaint is without merit and no further action need be taken.
There is no reasonable cause to warrant further action.
The investigation discloses an instance of conduct that does not warrant formalaction and should be dismissed, but the director notices indications of possible errant conduct that could lead to serious consequences if not corrected. If this finding is made, the director shall send a confidential letter of concern to the licensee in accordance with section 12-20-404 (5).
The investigation discloses an instance of conduct that does not warrant formalaction but should not be dismissed as being without merit. If this finding is made, the director may send a letter of admonition to the licensee in accordance with section 12-20-404 (4) by certified mail.
The investigation discloses facts that warrant further proceedings by formal complaint. If this finding is made, the director shall refer the complaint to the attorney general for preparation and filing of a formal complaint.
(c) The director shall conduct all proceedings pursuant to this subsection (2) expeditiously and informally so that no licensee is subjected to unfair and unjust charges and that no complainant is deprived of the right to a timely, fair, and proper investigation of a complaint.
(3) The director may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 838, § 1, effective October 1. L. 2020: (1)(d) amended, (SB 20-007), ch. 286, p. 1410, § 29, effective July 13.
Editor's note: This section is similar to former § 12-10-107.1 as it existed prior to 2019.