15-1765

15-1765. Registration as athlete agent; form; requirements

A. An applicant for registration as an athlete agent 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 under title 39. The application shall be in the name of an individual and, except as otherwise provided in subsection B of this section, shall be signed or otherwise authenticated by the applicant under penalty of perjury. The application shall state or contain the following:

1. The name of the applicant and the address of the applicant's principal place of business.

2. The name of the applicant's business or employer, if applicable.

3. Any business or occupation engaged in by the applicant for the five years immediately preceding the date of the submission of the application.

4. A description of the applicant's:

(a) Formal training as an athlete agent.

(b) Practical experience as an athlete agent.

(c) Educational background relating to the applicant's activities as an athlete agent.

5. The names and addresses of three individuals who are not related to the applicant and who are willing to serve as references for the applicant.

6. The name, sport and last known team of each individual for whom the applicant acted as an athlete agent during the five years immediately preceding the date of the submission of the application.

7. The names and addresses of all persons who are:

(a) With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates or profit sharers of the business.

(b) With respect to a corporation employing the athlete agent, the officers, the directors and any shareholder of the corporation that has an ownership interest of five per cent or more in the corporation.

8. Whether the applicant or any person named pursuant to paragraph 7 of this subsection has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony. If the applicant gives an affirmative response to the information requested pursuant to this paragraph, the applicant shall list each specific criminal conviction.

9. Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph 7 of this subsection has made a false, misleading, deceptive or fraudulent representation.

10. Any instance in which the conduct of the applicant or any person named pursuant to paragraph 7 of this subsection resulted in the imposition on a student athlete or an educational institution of a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event.

11. Any sanction, suspension or disciplinary action that was taken against the applicant or any person named pursuant to paragraph 7 of this subsection and that arose out of occupational or professional misconduct.

12. Whether there has been any denial of an application for, suspension or revocation of or refusal to renew the registration or licensure of the applicant or any person named pursuant to paragraph 7 of this subsection as an athlete agent in any state.

B. An individual who has submitted an application for and holds a certificate of registration or licensure as an athlete agent in another state may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection A. 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 meets all of the following requirements:

1. Was submitted in the other state within the six months immediately preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current and correct.

2. Contains information that is substantially similar to or more comprehensive than that required in an application submitted in this state.

3. Was signed by the applicant under penalty of perjury.