49-7-2127 - Issuance of registration Renewal.
49-7-2127. Issuance of registration Renewal.
(a) Except as otherwise provided in subsections (b) and (i), the secretary of state shall issue a certificate of registration to an individual who has submitted the requisite fee in accordance with § 49-7-2130 and has complied with § 49-7-2126(a), or whose application has been accepted pursuant to § 49-7-2126(b).
(b) The secretary of state may refuse to issue a certificate of registration if the secretary of state determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the secretary of state may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;
(2) Made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;
(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) Engaged in conduct prohibited pursuant to § 49-7-2135;
(5) Had a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure as an athlete agent in any state;
(6) Engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or
(7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.
(c) In making a determination under subsection (b), the secretary of state shall 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 the requisite fee in accordance with § 49-7-2130, and by submitting an application for renewal in a form prescribed by the secretary of state. An application filed under this section is public record. The application for renewal shall be signed by the applicant under penalty of perjury and shall contain current information on all matters required in an original registration.
(e) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (d), upon submission of the requisite fee in accordance with § 49-7-2130, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. Except as otherwise provided in this part, the secretary of state shall accept the application for renewal from the other state as an application for renewal in this state if the application to the other state:
(1) Was submitted in the other state within six (6) months of the filing in this state and the applicant certifies that the information contained in the application for renewal is current;
(2) Contains information substantially similar to, or more comprehensive than, that 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 registration is valid for two (2) years.
(g) Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration.
(h) A certificate of registration issued to an athlete agent is not transferable.
(i) (1) Notwithstanding any provision of this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to:
(A) Information concerning any criminal conviction reported pursuant to § 49-7-2126(a)(8);
(B) Information concerning any conduct resulting in sanction, suspension or declaration of ineligibility of any student-athlete or educational institution reported pursuant to § 49-7-2126(a)(10); and
(C) Information concerning denial, suspension or revocation of registration or licensure reported pursuant to § 49-7-2126(12).
(2) Failure to submit the information within thirty (30) days of the request shall be grounds for denial, revocation or a refusal to renew a certificate of registration pursuant to this section.
(3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony.
[Acts 2001, ch. 342, § 1.]