Nev. Admin. Code § 467.5875 - Approval of drug testing program of promoter required prior to requesting drug testing credit; application; requirements for approval; duties of promoter; consequences for noncompliance with approved program

1. To claim the drug testing credit, a promoter's drug testing program must be approved in advance by the Commission. For a promoter to obtain approval of the promoter's drug testing program, the promoter must submit an application to the Commission on a form and in the manner prescribed by the Commission. The application must include the following information:

(a) A detailed description of the promoter's drug testing program, including, without limitation:

(1) The persons who are to be drug tested under the promoter's drug testing program;

(2) The frequency of the drug testing to be performed under the promoter's drug testing program;

(3) The name of the sanctioned drug testing organization that will administer the promoter's drug testing program;

(4) The consequences of a positive drug test result; and

(5) The manner in which the drug test results will be submitted to the Commission and the timing for submission of drug test results;

(b) Except as otherwise provided in subsection 2, copies of all contracts entered into by the promoter and the sanctioned drug testing organization that will administer the promoter's drug testing program; and

(c) Any other information requested by the Commission, the Executive Director or the Executive Director's designee.

2. The promoter is not required to submit to the Commission copies of the contracts entered into by the promoter and the sanctioned drug testing organization that will administer the promoter's drug testing program pursuant to paragraph (b) of subsection 1 if the Commission, in its discretion, authorizes the promoter to arrange for a representative of the Commission to review those contracts and report to the Commission whether the promoter is in compliance with the provisions of this section and subsection 2 of section 41 of LCB File No. R062-16.

3. To be approved by the Commission, the promoter's drug testing program must meet the following minimum requirements:

(a) The promoter's drug testing program must drug test all unarmed combatants under contract with the promoter or on the roster of the promoter;

(b) The drug tests performed under the promoter's drug testing program must be administered on an unannounced and random basis such that an unarmed combatant being drug tested will have no ability to obtain advance knowledge of the administration of the drug test, either directly or indirectly;

(c) The drug tests performed under the promoter's drug testing program must be administered at least once per calendar quarter on each unarmed combatant;

(d) All drug testing must be administered by a sanctioned drug testing organization; and

(e) The contracts entered into between the promoter and the sanctioned drug testing organization must meet the criteria set forth in subsection 2 of section 41 of LCB File No. R062-16.

4. After receiving a complete application submitted pursuant to subsection 1 and the accompanying information required by subsection 2, the Commission shall:

(a) Determine whether the promoter's drug testing program meets the requirements set forth under subsection 3;

(b) Determine whether the contracts with the sanctioned drug testing organization meet the criteria set forth in subsection 2 of section 41 of LCB File No. R062-16; and

(c) Issue a written statement of its determinations regarding the promoter's drug testing program.

5. Except as otherwise provided in subsection 6, if the application of a promoter is approved, the promoter must maintain and operate the promoter's drug testing program exactly as the promoter's drug testing program was described to the Commission in the application and accompanying information and as approved by the Commission.

6. A promoter may implement a change in the promoter's drug testing program if, before implementing the change, the promoter requests a change in the promoter's drug testing program and the Commission evaluates and approves that change.

7. If a promoter fails to maintain and operate the promoter's drug testing program exactly as the promoter's drug testing program was described to the Commission in the application and accompanying information and as approved by the Commission, as well as any changes approved pursuant to subsection 6, the promoter:

(a) May not claim the drug testing credit; and

(b) Must refund to the Commission any drug testing credit previously claimed that was provided during the period in which the promoter's drug testing program was not maintained or operated exactly as the promoter's drug testing program was described to the Commission in the application and accompanying information which was approved by the Commission.

8. A promoter is responsible for ensuring that the results of drug tests performed under the promoter's drug testing program are properly and timely provided to the Commission by the sanctioned drug testing organization administering the promoter's drug testing program. If the applicable sanctioned drug testing organization fails to properly and timely provide the Commission with drug test results:

(a) Any drug testing credit that the promoter may otherwise be entitled to shall be deemed to be forfeited; and

(b) The promoter must refund to the Commission any drug testing credit previously claimed during the period in which the applicable sanctioned drug testing organization failed to properly and timely provide the Commission with drug test results.

9. The Commission may revoke or suspend its approval of a promoter's drug testing program if the Commission determines, after notice and an opportunity for a hearing, that the promoter's drug testing program no longer meets the standards set forth in this section. The Commission's decision to revoke or suspend its approval may be based upon information that the Commission had at the time the Commission approved the promoter's drug testing program or upon information obtained subsequent to that approval.

Notes

Nev. Admin. Code § 467.5875

Added to NAC by Athletic Comm'n by R032-18A, eff. 1/30/2019

NRS 467.030