The commission needs to establish regulations that describe its process for determining its ticket assessment for the neurological account so that it avoids the use of underground regulations.
On 5/16/14, the Athletic Commission (Commission) approved language to amend section 280 of the CC&R "Examination of Boxer Applicants", to establish a neurological assessment fee pursuant to B&P Code (BPC) Section 18711. The Department of Consumer Affairs (DCA) had concerns that the proposal did not completely address the Legislative intent of BPC 18711, and recommended the Commission modify the language to include all medical examinations required by athletes for licensure. As a result, the Commission realized that the regulation package would not be completed within the specified timeframe. At a Medical Advisory Committee Meeting held on 11/7/15, Committee members reviewed the proposed language which included DCA's recommendations and made necessary changes.
On 8/12/16, the Commission submitted to OAL, proposed changes to section 280, regarding specific medical examination procedures including an additional Neurological Examination Assessment.
The Commission submitted a complete rulemaking file to DCA for review and approval on 11/16/16. As a result of the recent implementation of the C3 Logix Program and the change in the Commission's appropriation of the Neurological Fund, Commission staff recommended significant changes to the neurological assessment section 280(h) of the proposed language.
On 3/14/17, the Commission approved withdrawing the proposed regulation file Z-2016-0801-04, "Examination of Boxer Applicants" to allow additional time to prepare and propose a new rulemaking file. On 8/15/17, the Commission approved proposed changes to section 280 and authorized staff to proceed with the rulemaking process.
On 8/29/17, the rulemaking package was submitted to DCA and is currently in the review process by the Department and by the Business, Consumer Services and Housing Agency. We expect to have a regulation package ready to file with OAL by 12/1/17, and project approval and implementation by 7/1/18.
The Commission has created a regulation that specifies all of the medical requirements for licensing contestants and also sets the assessment for the neurological examination account. The regulation has passed the Commission and is in the regulation process.
The Commission proposed regulation changes that would address this CSA Audit Recommendation on June 27, 2014. The regulatory process has taken longer than anticipated due to several amendments that were required.. The Commission has taken into consideration all comments and suggested amendments from the public and the Department of Consumer Affairs and anticipated that the regulations will be fully implemented by November 1, 2016.
The Commission has proposed amendments to it's regulations regarding the neurological assessment. This regulatory proposal addresses this BSA recommendation. The estimated implementation date if approved by the Office of Administrative Law is April 1, 2015.
Please see supporting documentation emailed to Kathleen.
The Commission is still working on this recommendation and the neurological subcommittee is studying the overall costs of the tests needed to perform.
Update: The Commission is still working on this recommendation and the neurological subcommittee is studying the overall costs of the tests needed to perform.
The Commission indicated that it is working with Legislative staff and with consumer affairs to comply with this recommendation.
Agency responses received after June 2013 are posted verbatim.