§ 3304. Denial of registration.

(a) Grounds.--The commission may refuse to issue a certificate of registration if the commission determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to serve as an athlete agent. In making the determination, the commission may consider whether the applicant has:

(1) Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application.

(2) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity.

(3) Engaged in conduct prohibited by section 3313

(relating to prohibited acts).

(4) Had a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure in any state.

(5) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.

(b) Additional considerations.--In making a determination under subsection (a), the commission shall consider:

(1) How recently the conduct occurred.

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

(3) Any other relevant conduct of the applicant.

(c) Issuance of registration prohibited.--The commission shall not issue athlete agent registration to or renew the athlete agent registration of a person who has been convicted of any of the following offenses, or any comparable offense in another jurisdiction, within ten years of the date of application:

(1) An offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act.

(2) An offense under the following provisions of 18 Pa.C.S. (relating to crimes and offenses): Section 902 (relating to criminal solicitation). Section 908 (relating to prohibited offensive weapons). Section 2502 (relating to murder). Section 2709(a)(4), (5), (6) or (7) (relating to harassment). Section 2709.1 (relating to stalking). Section 2901 (relating to kidnapping). Section 3121 (relating to rape). Section 3126 (relating to indecent assault). Section 3923 (relating to theft by extortion). Section 4109 (relating to rigging publicly exhibited contest). Section 4302 (relating to incest). Section 4304 (relating to endangering welfare of children). Section 4305 (relating to dealing in infant children). Section 4701 (relating to bribery in official and political matters). Section 4902 (relating to perjury). Section 5501 (relating to riot). Section 5512 (relating to lotteries, etc.). Section 5513 (relating to gambling devices, gambling, etc.). Section 5514 (relating to pool selling and bookmaking). Section 5901 (relating to open lewdness). Section 5902 (relating to prostitution and related offenses). Section 5903 (relating to obscene and other sexual materials and performances). Section 5904 (relating to public exhibition of insane or deformed person). Section 6301 (relating to corruption of minors). Section 6312 (relating to sexual abuse of children). Section 7107 (relating to unlawful actions by athlete agents).

(3) The commission shall not issue registration to any person who has been found by the commission to have engaged in the activities of an athlete agent in this Commonwealth without acquiring registration as required by this chapter within 12 months prior to the date of application. (Dec. 9, 2002, P.L.1759, No.218, eff. 60 days)

2002 Amendment. Act 218 amended subsec. (a).

Cross References. Section 3304 is referred to in sections 3303, 3307 of this title.