Thursday, August 19, 2010

Texas And Margarito License -- The Law And Rules Governing "Other" Jurisdiction Sanctions

In this article, "Antonio Margarito denied boxing license," ESPN's Dan Rafael describes Margarito's hearing before the California State Athletic Commission yesterday where he sought "a license from the commission that revoked his license in February 2009 following his knockout loss to Shane Mosley the previous month." 

Rafael describes the circumstances leading to the revocation as follows:
In the dressing room before Margarito faced Mosley at the Staples Center in Los Angeles, illegal inserts were discovered in each of his hand wraps after Mosley's trainer, Naazim Richardson, objected to the way his hands had been wrapped. The wraps were cut off and the illegal pads, which were coated in a plaster-like substance, were discovered. Margarito's hands were re-wrapped. The fight went off with Mosley knocking Margarito out in the ninth round to win the title.
The CSAC voted 5-1 denying Margarito his license yesterday after a six (6) hour hearing.  Margarito is now expected to ask Texas for a license to fight Pacquiao in November 2010. 

I checked the Texas Combative Sports Occupations Code to see the specific provision addressing the effect of sanctions (specifically, revocation or suspension) issued by other jurisdictions on a fighter's ability to get a license in Texas.

Specifically, COMBATIVE SPORTS, Occupations Code, Title 13. Sports, Amusements, and Entertainment, Subtitle B. Sports, Chapter 2052.052(b) provides in relevant part as follows:
(b) The commission may adopt rules:
(3) recognizing a sanction, medical suspension, or disqualification of a licensee or registrant by a combative sports authority in any state, provided that if licensure ore registration is denied based on those actions, an applicant has an opportunity for a hearing as prescribed by rule; 

The relevant rule promulgated under Chapter 2052, COMBATIVE SPORTS, Administrative Rules of the Texas Department of Licensing and Regulation, 16 Texas Administrative Code, Chapter 61.30(e) provides as follows:
The Executive Director may recognize and enforce disciplinary sanctions, disqualification, or medical suspensions imposed by other combative sport authorities. If the Executive Director proposes to deny licensure based on action of another jurisdiction, the applicant has a right to an opportunity for a hearing.
Accordingly, if Margarito seeks a license in Texas, the operative word is "may," i.e., the Executive Director has discretion concerning whether he will recognize the revocation in California.  If he does intend to deny the license on the basis of the CSAC revocation, the commission must provide Maragrito with a hearing.

Bottom line, there is still a chance this fight will happen in Texas and the question is how much weight will the TX commission give the CSAC revocation -- and the ruling yesterday after six (6) hours of testimony.

Fight Lawyer