(A) Except as otherwise provided in subsection (B), the Department of Consumer Affairs shall issue a certificate of registration to a person who complies with Section 59-102-50(A) or whose application has been accepted pursuant to Section 59-102-50(B).

(B) The department may refuse to issue a certificate of registration if he determines the applicant has engaged in conduct that has a significantly adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the department may consider whether the applicant has:

(1) pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime that would be a crime involving moral turpitude or a felony if committed in this State;

(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 by Section 59-102-140;

(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 resulting in the imposition against a student athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event; or

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

(C) In making a determination pursuant to subsection (B), the department shall consider:

(1) how recently the conduct occurred;

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

(3) other relevant conduct of the applicant.

(D) An athlete agent registered under subsection (A) may apply to renew a registration by submitting an application for renewal in a form prescribed by the department. An application filed pursuant to this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.

(E) An athlete agent registered pursuant to Section 59-102-50(C) may renew the registration by proceeding under Section 59-102-50(D) or, if registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if it determines:

(1) registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

(2) the renewed registration has not been suspended or revoked and no action involving the person's conduct as an athlete agent is pending against him or his registration in any state.

(F) A certificate of registration or a renewal of a registration is valid for two years.

HISTORY: 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.

Comment

Effect of Amendment

2018 Act No. 235, Section 1, rewrote the section.