44-1521. Certificate of registration; issuance or denial; renewal.

44-1521

Chapter 44.--LABOR AND INDUSTRIES
Article 15.--ATHLETE AGENTS

      44-1521.   Certificate of registration; issuance ordenial; renewal.(a) Except as otherwise provided in subsection (b), thesecretary of state shall issue a certificate of registration to an individualwho complies with subsection (a) ofK.S.A. 2009 Supp.44-1520, and amendmentsthereto, or whoseapplication has been accepted under subsection (b) ofK.S.A. 2009 Supp.44-1520, and amendmentsthereto.

      (b)   The secretary of state may refuse to issue a certificate of registrationif the secretary of state determines that the applicant has engaged in conductthat has a significant adverse effect on the applicant's fitness to act as anathlete agent. In making the determination, the secretary of state may considerwhether the applicant has: (1) Been convicted of a crime that, if committed inthis state, would be a crime involving moral turpitude or a felony;

      (2)   made a materially false, misleading, deceptive or fraudulentrepresentation in the application or as an athlete agent;

      (3)   engaged in conduct that would disqualify the applicant from serving in afiduciary capacity;

      (4)   engaged in conduct prohibited byK.S.A. 2009 Supp.44-1529, andamendments thereto;

      (5)   had a registration or licensure as an athlete agent suspended, revokedor denied or been refused renewal of registration or licensure as an athleteagent in any state;

      (6)   engaged in conduct the consequence of which was that a sanction,suspension or declaration of ineligibility to participate in aninterscholastic or intercollegiate athletic event was imposed on astudent-athlete or educational institution; or

      (7)   engaged in conduct that significantly adversely reflects on theapplicant's credibility, honesty or integrity.

      (c)   In making a determination under subsection (b), the secretary of stateshall consider: (1) How recently the conduct occurred;

      (2)   the nature of the conduct and the context in which it occurred; and

      (3)   any other relevant conduct of the applicant.

      (d)   An athlete agent may apply to renew a registration by submitting anapplication for renewal in a form prescribed by the secretary of state. Theapplication for renewal must be signed by the applicant under penalty ofperjury and must contain current information on all matters required in anoriginal registration.

      (e)   An individual who has submitted an application for renewal ofregistration or licensure in another state, in lieu of submitting anapplication for renewal in the form prescribed pursuant to subsection (d), mayfile a copy of the application for renewal and a valid certificate ofregistration or licensure from the other state. The secretary of state shallaccept the application for renewal from the other state as an application forrenewal in this state if the application to the other state: (1) Was submittedin the other state within six months next preceding the filing in this stateand the applicant certifies the information contained in the application forrenewal is current;

      (2)   contains information substantially similar to or more comprehensive thanthat required in an application for renewal submitted in this state; and

      (3)   was signed by the applicant under penalty of perjury.

      (f)   A certificate of registration or a renewal of a registration is valid fortwo years.

      History:   L. 2003, ch. 109, § 6; July 1.