CSAC Overhauls Processes Around Drug Testing

The NHB Show, thanks to MMAWeekly, reported earlier that the CSAC has changed their drug testing procedures. Now California is getting serious and instituting new rules and procedures surrounding the actual drug testing for combative sports. All these changes have been forced due to some very high profile fighters testing positive in 2007 that include: Sean Sherk, Hermes Franca, and Phil Baroni.

The first change will be how the fighters will apply for a license in the state of California. A fighter must submit a urine sample to renew or gain their license. Also, they must provide a sample before and after a bout to a representative of the commission.

A positive test for any of the following will be a violation:

• Stimulants
• Narcotics
• Cannabinoids (marijuana)
• Anabolic agents (exogenous and endogenous)
• Peptide hormones
• Masking agents
• Diuretics
• Glucocorticosteroids
• Anti-estrogenic agents
• Alcohol

The second and most important rule change is now the commission can overturn the outcome of a bout based upon a positive test from one of the above substances. If the winner of a bout subsequently tests positive from his before or after samples, then the fight could immediately be ruled a No Contest. If this new rule had been in place earlier, the Sean Sherk / Hermes Franca fight would have been ruled a No Contest after both tested positive for banned substances.

The appeal process is also being overhauled with the burden of proof falling to the commission's council. The commission must set a hearing within 30 days of receipt of the appeal request. The hearing will not be longer than 1 hour with the time split evenly between the defendant and the commission.

Here are the guidelines for the commission appeal process hearing:

(1) First—the staff representative and/or deputy attorney general , who shall be limited to twenty minutes.

(2) Second—the requester and/or his or her legal counsel, who shall be limited to twenty minutes.

(3) Third—the rebuttal of the staff representative and/or deputy attorney general, which shall be limited to ten minutes.

(4) Fourth—the rebuttal of the requester and/or his or her legal counsel, which shall be limited to ten minutes.

(d) The commission staff bears the burden of proving his or her case by a preponderance of the evidence.

(e) The commission shall serve the written decision on the parties not later than forty-five (45) calendar days after the matter has been submitted. The decision shall contain factual findings, legal conclusions, and an order describing the action taken by the commission at a duly noticed meeting.

(f) Unless good cause is shown, a request for hearing shall be deemed abandoned and the request dismissed if the party who appealed and requested a hearing fails to appear at a duly noticed meeting, unless the party demonstrates good cause for that failure to appear.

These changes are currently undergoing a 45 day public comment period. The Commission will consider any comments or concerns received by or at a scheduled April 22 hearing, at which point the rules and regulations are eligible for adoption.