68-115-206 - Qualifications of combatant Issuance of license Requirements Denial Appeal.
68-115-206. Qualifications of combatant Issuance of license Requirements Denial Appeal.
(a) The administrator shall have the authority to examine the professional combatant's record, experience, skill and physical condition pursuant to the powers granted to it in this chapter, and may deny the issuance of a license if, in the administrator's opinion, the combatant's record, experience, skill and physical condition indicate the combatant is unqualified to participate in professional contests of unarmed combat. The applicant may appeal the administrator's decision to deny the issuance of a license to the commission. The appeal shall be heard in a timely manner.
(b) (1) All combatants applying for a license under this chapter shall be required to submit, upon application, proof that a medical examination has been performed and that blood tests have been taken for infectious diseases or for any other purpose required by the commission within thirty (30) days of applying for a license or the renewal of a license.
(2) Professional combatants who are thirty-five (35) years of age or older shall, in addition to the requirements of subdivision (b)(1), have a neurological examination and submit a medical report within thirty (30) days of applying for a license or renewal of a license.
(3) Professional combatants shall meet all medical requirements as prescribed by this section. The commission or administrator may deny any application based on the results of the examinations or may request additional medical examinations as deemed necessary.
(c) An application for a license constitutes a request for a determination of the applicant's general suitability, character, integrity and ability to participate or engage in or be associated with contests of unarmed combat. The burden of proof is on the applicant to establish to the satisfaction of the commission or administrator that the applicant is qualified to receive a license. By filing an application with the commission, an applicant accepts the risk of adverse public notice, embarrassment, criticism, financial loss or other action with respect to the applicant's application, and expressly waives any claim for damages as a result of such adverse public notice, embarrassment, criticism, or financial loss. Any written or oral statement that is made by a member of the commission, administrator or any witness testifying under oath that is relevant to the application and investigation of the applicant is privileged and does not impose liability for defamation or constitute a ground for recovery in a civil action.
(d) The commission may require a criminal history records check to be conducted by the Tennessee bureau of investigation on applicants for licenses. The commission may require the applicant or licensee to submit a social security number and a complete set of fingerprints as part of the records check. The Tennessee bureau of investigation may conduct a criminal history records check of any applicant or licensee, including those records maintained by the federal bureau of investigation. The cost of the records check by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, shall be paid by the person being investigated.
[Acts 2008, ch. 1149, § 2.]