Nev. Admin. Code § 467.582 - Mitigating circumstances for reducing or eliminating period of ineligibility for anti-doping violation

1. The Commission may, in its discretion and based on the full body of evidence presented to the Commission, refrain from taking disciplinary action or reduce or eliminate a period of ineligibility set forth in NAC 467.5705 to 467.5735, inclusive, for an anti-doping violation committed by an unarmed combatant, a person who is licensed, approved, registered or sanctioned by the Commission or any other person associated with unarmed combat in this State if the Commission finds one or more mitigating circumstances pursuant to this section.

2. Mitigating circumstances exist when the conditions, events or facts accompanying an anti-doping violation reduce or eliminate the culpability of the person who committed the antidoping violation. Mitigating circumstances include, without limitation:

(a) The anti-doping violation was the result of the use by an unarmed combatant of a supplement, vitamin or other product that contains a prohibited substance that was not disclosed on the product label or in information available from a reasonable search of the Internet, if the use of the supplement, vitamin or other product was disclosed on the prefight questionnaire completed by the unarmed combatant or was otherwise disclosed to a representative of the Commission.

(b) The person who committed the anti-doping violation provides the Commission with substantial assistance in discovering or establishing other anti-doping violations.

(c) The person who committed the anti-doping violation proves to the satisfaction of the Commission that the anti-doping violation was the result of sabotage by a competitor.

3. The Commission may hold a hearing to determine whether sufficient evidence exists to establish the existence of one or more mitigating circumstances.

4. As used in this section, "substantial assistance" means that an unarmed combatant, a person who is licensed, approved, registered or sanctioned by the Commission or other person associated with unarmed combat in this State provides to the Commission:

(a) Credible information that comprises an important part of a disciplinary action;

(b) A signed, written and notarized statement that includes all information that he or she possesses regarding anti-doping violations; and

(c) Full cooperation with the Commission's investigation or adjudication, or both, of any disciplinary action arising from the information he or she provides regarding anti-doping violations.

Notes

Nev. Admin. Code § 467.582

Added to NAC by Athletic Comm'n by R062-16A, eff. 9/9/2016; A by R089-22A, eff. 12/29/2022

NRS 467.030