68-115-212 - Withholding of purse or other amount payable to combatant, manager or second. - Tennessee Statutes

68-115-212. Withholding of purse or other amount payable to combatant, manager or second.

(a)  The commission, its administrator or any other employee authorized by the commission may order the promoter to withhold any part of a purse or other money belonging or payable to any professional combatant, or any manager or second, if, in the judgment of the commission, administrator or other employee:

     (1)  The combatant is not or has not competed honestly or to the best of the combatant's skill and ability or the combatant otherwise is in violation of any rules and regulations adopted by the commission or any of the provisions of this chapter, including, but not limited to, § 68-115-209; or

     (2)  The manager or second violates any rules and regulations promulgated by the commission or any of the provisions of this chapter, including, but not limited to, § 68-115-209.

(b)  Upon the withholding of any part of a purse or other money pursuant to this section, the commission shall immediately schedule a hearing on the matter, and provide adequate notice to all interested parties prior to the hearing.

(c)  If it is determined that a licensee is not entitled to any part of the licensee's share of the purse or other money, the promoter shall pay the money over to the commission. Subject to subsection (d), all money received by the administrator or the commission shall be paid into the athletic commission account pursuant to § 68-115-107.

(d)  Money turned over to the commission pending final action in any matter shall be credited to the athletic commission's agency account and shall remain in the account until the commission orders its disposition in accordance with the final action taken.

(e)  (1)  Unless otherwise stipulated by the promoter and professional combatant by contract, the combatant shall be paid the purse at the conclusion of the professional contest.

     (2)  All contracts entered into between a combatant and a promoter shall include a provision that entitles the combatant, upon obtaining a favorable judgment by a court, to recover all costs, prejudgment interests and attorney fees, the right to which shall not be waived in any such contract.

[Acts 2008, ch. 1149, § 2.]