Nev. Admin. Code § 467.587 - Submission to Commission of contracts between promoter and drug testing organization; exception; confidentiality of information submitted

1. Except as otherwise provided in subsection 2, upon the request of the Commission, a promoter shall submit to the Commission a copy of any contract and each amendment to a contract entered into by the promoter and an organization that administers a drug testing program on behalf of the promoter. The Commission may reject the contract or amendment if the Commission determines that:

(a) The promoter has not entered into a contract with a sanctioned drug testing organization;

(b) The contract or amendment does not contain sufficient terms to ensure protection of this State, the Commission or unarmed combat by providing full insight into the drug testing program of the promoter and the sanctioned drug testing organization; or

(c) The contract or amendment violates federal law or the laws of this State.

2. A promoter is not required to submit to the Commission a copy of a contract or amendment pursuant to subsection 1 if the Commission, in its discretion, authorizes the promoter to arrange for a representative of the Commission to review the information and report to the Commission whether the contract or amendment complies with the provisions of subsection 1.

3. Except as otherwise provided in this subsection, any proprietary information containing a trade secret that is submitted to the Commission pursuant to this section is confidential, and the Commission and any of its members, representatives or employees shall not disclose such information. The Commission or any of its members, representatives or employees may disclose information made confidential pursuant to this subsection to any governmental agency for the purpose of a civil, administrative or criminal investigation or proceeding.

4. As used in this section, "trade secret" means any information, including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that:

(a) Derives independent economic value, actual or potential, from not being generally known to, and readily ascertainable through proper means by, the public or any person who may obtain commercial or economic value from its disclosure or use; and

(b) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Notes

Nev. Admin. Code § 467.587

Added to NAC by Athletic Comm'n by R062-16A, eff. 9/9/2016

NRS 467.030, 467.107