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NEWTON TATTRIE (GETO MONGOL) v. COMMONWEALTH PENNSYLVANIA (02/27/87)

decided: February 27, 1987.

NEWTON TATTRIE (GETO MONGOL), PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE ATHLETIC COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania State Athletic Commission in the case of State Athletic Commission v. Newton Tattrie, A.C. No. 1985, dated November 6, 1985.

COUNSEL

George John Steffish, III, for petitioner.

Mary S. Wyatte, Assistant Counsel, with her, David F. Phifer, Chief Counsel, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins. Judge Craig did not participate in this decision.

Author: Colins

[ 104 Pa. Commw. Page 244]

Newton Tattrie (petitioner), a licensed wrestling promoter in the State of Pennsylvania, formerly a professional wrestler who wrestled under the nom de guerre of Geto Mongol, was notified on July 15, 1985, that his license to promote wrestling was temporarily suspended by the Pennsylvania State Athletic Commission (Commission) pursuant to the Pennsylvania Athletic Code (Code), Act of August 31, 1955, P.L. 531, as amended, 4 P.S. §§ 30.101-30.905. A hearing was subsequently held, after which the Commission determined

[ 104 Pa. Commw. Page 245]

    that the petitioner had flagrantly violated the Code, and permanently revoked his promoter's license. The petitioner has appealed this revocation to this Court.

The factual matrix from which the petitioner's license revocation resulted was as follows. On May 4, 1985, the petitioner promoted and conducted a wrestling bout at the Blackhawk High School in Beaver Falls, Pennsylvania. Present at this event, among others, were a Deputy for the Commission, a referee, and a physician. Section 204 of the Code, 4 P.S. § 30.204, requires that a physician shall be assigned to every wrestling contest or exhibition by the Commission. Likewise, Section 210 of the Code, 4 P.S. § 30.210, requires that a referee duly licensed and appointed by the Commission shall direct and control the contest or exhibition. The promoter is required to pay the fees of both the physician and the referee.

A Deputy Commissioner is assigned to each wrestling event by the Commission, and his duties, enumerated in Section 3.2 of the Athletic Commission Regulations, 58 Pa. Code Section 3.2, are, in pertinent part, as follows:

(e) Subject only to the direction of the Commission, the chief deputy commissioner shall have complete authority over the following:

(7) The collection of all fees, including the following:

(i) Special license fees.

(ii) Other monies due the Commonwealth.

(9) The payment of purses and other monies due participants and fees and expenses due officials.

(f) The chief deputy commissioner shall file with the Commission an official report of attendance,

[ 104 Pa. Commw. Page 246]

    gross receipts, net receipts, fees and other monies collected, names and pairings of participants, names of officials, and results of all bouts as determined by official decision after each event under the jurisdiction of the Commission.

At the intermission of the match, the Deputy Commissioner approached the petitioner and requested that he pay the doctor's fee and referee's fee, of $150.00 and $100.00 respectively. The petitioner refused to pay the requested fees because he felt that they were unreasonable. He testified before the Commission that past practice, to his knowledge, had been to pay the physician $100.00 and the referee $60.00. The defendant did in fact pay the referee $60.00 which was accepted under protest. However, the physician ...


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