15-9-106 - Certificate of registration -- Issuance or denial -- Renewal.
15-9-106. Certificate of registration -- Issuance or denial -- Renewal.
(1) Except as otherwise provided in Subsection (2), the division shall issue a certificateof registration to an individual who complies with Subsection 15-9-105(1) or whose applicationhas been accepted under Subsection 15-9-105(2).
(2) The division may refuse to issue a certificate of registration if the division determinesthat the applicant has engaged in conduct that has a significant adverse effect on the applicant'sfitness to act as an athlete agent. In making the determination, the division may consider whetherthe applicant has:
(a) been convicted of a crime that, if committed in this state, would be a crime involvingmoral turpitude or a felony;
(b) made a materially false, misleading, deceptive, or fraudulent representation in theapplication or as an athlete agent;
(c) engaged in conduct that would disqualify the applicant from serving in a fiduciarycapacity;
(d) engaged in conduct prohibited by Section 15-9-114;
(e) had a registration or licensure as an athlete agent suspended, revoked, or denied orbeen refused renewal of registration or licensure as an athlete agent in any state;
(f) engaged in conduct the consequence of which was that a sanction, suspension, ordeclaration of ineligibility to participate in an interscholastic or intercollegiate athletic event wasimposed on a student-athlete or educational institution; or
(g) engaged in conduct that significantly, adversely reflects on the applicant's credibility,honesty, or integrity.
(3) In making a determination under Subsection (2), the division shall consider:
(a) how recently the conduct occurred;
(b) the nature of the conduct and the context in which it occurred; and
(c) any other relevant conduct of the applicant.
(4) An athlete agent may apply to renew a registration by submitting an application forrenewal in a form prescribed by the division. An application filed under this section is a publicrecord under Title 63G, Chapter 2, Government Records Access and Management Act. Theapplication for renewal shall be signed by the applicant under penalty of perjury and shall containcurrent information on all matters required in an original registration.
(5) An individual who has submitted an application for renewal of registration orlicensure in another state, in lieu of submitting an application for renewal in the form prescribedpursuant to Subsection (4), may file a copy of the application for renewal and a valid certificateof registration or licensure from the other state. The division shall accept the application forrenewal from the other state as an application for renewal in this state if the application to theother state:
(a) was submitted in the other state within six months immediately preceding the filing inthis state and the applicant certifies the information contained in the application for renewal iscurrent;
(b) contains information substantially similar to or more comprehensive than thatrequired in an application for renewal submitted in this state; and
(c) was signed by the applicant under penalty of perjury.
(6) A certificate of registration or a renewal of a registration is valid for two years.
Amended by Chapter 378, 2010 General Session