Exemptions

  1. Law
  2. Georgia Code
  3. Professions and Businesses
  4. Georgia Athletic and Entertainment Commission
  5. Regulation of Martial Arts and Wrestling
  6. Exemptions

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  1. Subject to the restriction set forth in Code Section 43-4B-53, the commission is authorized to exempt organizations from the requirements of licensure and permitting when the commission, in its discretion, deems the matches, contests, and exhibitions authorized or governed by the organization present little or no danger to the health and safety of the competitors and the public.
  2. In determining whether to exempt an organization from licensure and permitting requirements, the commission shall consider the following factors:
    1. Whether the organization requesting exemption has allowed any person who has ever pleaded guilty to, has entered a plea of nolo contendere to, or has been found guilty of a felony or crime of moral turpitude under the laws of this state or any offense that, had it occurred within this state, would constitute a felony or crime of moral turpitude under the laws of this state, within ten years of such conviction or plea, to act as a promoter for any match, contest, or exhibition that it has sanctioned, governed, licensed, or authorized or whether it has authorized, retained, employed, or otherwise allowed such a person to act or serve as its employee or representative in connection with any match that it has sanctioned, governed, licensed, or authorized. For purposes of this Code section, a conviction shall include but not be limited to adjudication under Article 3 of Chapter 8 of Title 42. Should the commission determine that a sanctioning organization has allowed, retained, employed, or otherwise authorized such a person to act in any of the aforementioned capacities, the organization shall not be exempted from the requirements of licensure;
    2. Whether the matches, contests, and exhibitions are conducted in the course of teaching wrestling or a martial art and are closely supervised by well-trained teachers;
    3. Whether an admission fee is charged for viewing the matches, contests, or exhibitions;
    4. Whether the matches, contests, or exhibitions offer a commercial advantage to the organization;
    5. Whether the matches, contests, or exhibitions are conducted in a manner to minimize the danger of injury;
    6. Whether the commission's information about previous matches, contests, or exhibitions conducted by the organization indicates that the matches, contests, or exhibitions are likely to result in injury; and
    7. Other factors deemed by the commission as indicia of danger to health or safety and set out in rules promulgated by the commission.

(Code 1981, §43-4B-55, enacted by Ga. L. 2005, p. 984, § 12/SB 224.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2005, a semicolon was substituted for a period at the end of paragraph (b)(1).

CHAPTER 5 ATHLETIC TRAINERS

Sec.

  • 43-5-1. Definitions.
  • 43-5-2. Creation of board; composition; qualifications of members; terms of office; oath of members; vacancies.
  • 43-5-3. Election of officers; appointment of committees; meetings.
  • 43-5-4. Maintenance of record of board's proceedings by division director.
  • 43-5-5. Reimbursement of board members.
  • 43-5-6. General powers and duties of board.
  • 43-5-7. License requirement for persons engaged as athletic trainers.
  • 43-5-8. Qualifications of applicants; reciprocity.
  • 43-5-9. Application for licenses; issuance of licenses to qualified applicants; term of license; continuing education.
  • 43-5-10. Grounds for denial, suspension, or revocation of licenses.
  • 43-5-11. Hearing before board when license denied, revoked, or suspended; reissuance of license.
  • 43-5-12. Appeal from board's order.
  • 43-5-13. Exceptions to operation of chapter.
  • 43-5-14. Penalty.
  • 43-5-15. Termination [Repealed].
Administrative Rules and Regulations.

- Athletic trainer, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Board of Athletic Trainers, Chapter 53-1 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 21 et seq. 15A Am. Jur. 2d, Commerce, §§ 1 et seq., 90 et seq. 16A Am. Jur. 2d, Constitutional Law, §§ 266, 284 et seq., 332, 339 et seq. 51 Am. Jur. 2d, Licenses and Permits, § 1 et seq. 58 Am. Jur. 2d, Occupations, Trades and Professions, § 1 et seq. 63C Am. Jur. 2d, Public Officers and Employees, § 14 et seq. 72 Am. Jur. 2d, States, Territories and Dependencies, §§ 42, 64 et seq. 73 Am. Jur. 2d, Statutes, §§ 17 et seq., 58 et seq.

C.J.S.

- 15 C.J.S., Commerce, §§ 9 et seq., 83 et seq., 111 et seq. 16 C.J.S., Constitutional Law, § 280 et seq. 16A C.J.S., Constitutional Law, § 580 et seq. 16B C.J.S., Constitutional Law, §§ 1055-1058, 1444-1448. 16D C.J.S., Constitutional Law, §§ 2085, 2086. 53 C.J.S., Licenses, § 6 et seq. 67 C.J.S., Officers and Public Employees, § 12 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 50 et seq. 73 C.J.S., Public Administrative Law and Procedure, § 115 et seq. 81A C.J.S., States, § 120 et seq. 82 C.J.S., Statutes, §§ 203, 281.


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