Current through the 2024 Regular Session
Section 73-42-9 - Registration as athlete agent; form; requirements; notification to Secretary of State of material change in application information(1) An applicant for registration shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. An application filed under this section is a public record. Except as otherwise provided in subsection (2), the application must be in the name of an individual, signed by the applicant under penalty of perjury and must state or contain: (a) The name of the applicant and the address of the applicant's principal place of business;(b) The name of the applicant's business or employer, if applicable;(c) Any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;(d) A description of the applicant's: (i) Formal training as an athlete agent;(ii) Practical experience as an athlete agent; and(iii) Educational background relating to the applicant's activities as an athlete agent;(e) The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references;(f) The name, sport and last known team for each individual for whom the applicant provided services as an athlete agent during the five (5) years next preceding the date of submission of the application;(g) The names and addresses of all persons who are:(i) With respect to the athlete agent's business if it is not a corporation, the partners, officers, associates, individuals or profit-sharers; and(ii) With respect to a company or corporation employing the athlete agent, the officers, directors and any shareholder of the corporation or member with a five percent (5%) or greater interest;(h) Whether the applicant or any other person named pursuant to paragraph (g) has been convicted of a crime that, if committed in this state, would be a felony or other crime involving moral turpitude, and identify the crime;(i) Whether there has been any administrative or judicial determination that the applicant or any other person named pursuant to paragraph (g) has made a false, misleading, deceptive or fraudulent representation;(j) Any instance in which the conduct of the applicant or any other person named pursuant to paragraph (g) resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;(k) Any sanction, suspension or disciplinary action taken against the applicant or any other person named pursuant to paragraph (g) arising out of occupational or professional conduct;(l) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the certification, registration or licensure of the applicant or any other person named pursuant to paragraph (g) as an athlete agent in any state;(m) Any pending litigation against the applicant in the applicant's capacity as an agent;(n) A list of all other states in which the applicant is currently licensed or registered as an athlete agent and a copy of each state's license or registration, as applicable; and(o) Consent to submit to a criminal background check before being issued a certificate of registration. Any fees connected with the background check shall be assessed to the applicant.(2) An individual who has submitted an application for, and received a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and a valid certificate of registration or licensure from the other state in lieu of submitting an application in the form prescribed pursuant to subsection (1), along with the information requested in paragraphs (l), (m), (n) and (o) of subsection (1). The Secretary of State shall accept the application and the certificate from the other state as an application for registration in this state if the application to the other state:(a) Was submitted in the other state within the six (6) months next preceding the submission of the application in this state and the applicant certifies the information contained in the application is current;(b) Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and(c) Was signed by the applicant under penalty of perjury.(3) An athlete agent must notify the Secretary of State within thirty (30) days whenever the information contained in any application for registration as an athlete agent in this state changes in a material way or is, or becomes, inaccurate or incomplete in any respect. Events requiring notice shall include, but are not limited to, the following:(a) Change in address of the athlete agent's principal place of business;(b) Conviction of a felony or other crime involving moral turpitude by the athlete agent;(c) Denial, suspension, refusal to renew, or revocation of a registration or license of the athlete agent as an athlete agent in any state; or(d) Sanction, suspension or other disciplinary action taken against the athlete agent arising out of occupational or professional conduct. Laws, 2001, ch. 536, § 5; Laws, 2011, ch. 541, § 5, eff. 4/26/2011.Brought forward by Laws, 2024, ch. 378, SB 2417,§ 10, eff. 4/18/2024.