§ 78C-90. Certificate of registration; issuance or denial; renewal.
§ 78C‑90. Certificateof registration; issuance or denial; renewal.
(a) Except as otherwiseprovided in subsection (b) of this section, the Secretary of State shall issuea certificate of registration to an individual who complies with G.S. 78C‑89(a)or whose application has been accepted under G.S. 78C‑89(b).
(b) The Secretary ofState may refuse to issue a certificate of registration if the Secretary ofState determines that the applicant has engaged in conduct that has asignificant adverse effect on the applicant's fitness to act as an athleteagent. In making the determination, the Secretary of State may consider whetherthe applicant has:
(1) Been convicted of acrime that, if committed in this State, would be a crime involving moralturpitude or a felony.
(2) Made a materiallyfalse, misleading, deceptive, or fraudulent representation in the applicationor as an athlete agent.
(3) Engaged in conductthat would disqualify the applicant from serving in a fiduciary capacity.
(4) Engaged in conductprohibited by G.S. 78C‑98.
(5) Had a registrationor licensure as an athlete agent suspended, revoked, or denied or been refusedrenewal of registration or licensure as an athlete agent in any state.
(6) Engaged in conductthe consequence of which was that a sanction, suspension, or declaration ofineligibility to participate in an interscholastic or intercollegiate athleticevent was imposed on a student‑athlete or educational institution.
(7) Engaged in conductthat significantly adversely reflects on the applicant's credibility, honesty,or integrity.
(c) In making adetermination under subsection (b) of this section, the Secretary of Stateshall consider: (i) how recently the conduct occurred; (ii) the nature of theconduct and the context in which it occurred; and (iii) any other relevantconduct of the applicant.
(d) An athlete agentmay apply to renew a registration by submitting an application for renewal in aform prescribed by the Secretary of State. The application for renewal must besigned by the applicant under penalty of perjury and must contain currentinformation on all matters required in an original registration.
(e) An individual whohas submitted an application for renewal of registration or licensure inanother state, in lieu of submitting an application for renewal in the formprescribed pursuant to subsection (d) of this section, may file a copy of theapplication for renewal and a valid certificate of registration or licensurefrom the other state. The Secretary of State shall accept the application forrenewal from the other state as an application for renewal in this State if theapplication to the other state satisfied the following:
(1) Was submitted in theother state within six months immediately preceding the filing in this Stateand the applicant certifies the information contained in the application forrenewal is current.
(2) Contains informationsubstantially similar to or more comprehensive than that required in anapplication for renewal submitted in this State.
(3) Was signed by theapplicant under penalty of perjury.
(f) A certificate ofregistration or a renewal of a registration is valid for one year.
(g) An applicationfiled under this section is a "public record" within the meaning ofChapter 132 of the General Statutes. (2003‑375, s. 2.)