Current through the 2024 Regular Session
Section 73-42-11 - Certificate of registration; issuance or denial; renewal(1) Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual who complies with Section 73-42-9(1).(2) Except as otherwise provided in subsection (3), the Secretary of State shall issue a certificate of registration to an individual whose application has been accepted under Section 73-42-9(2).(3) The Secretary of State may refuse to issue a certificate of registration if they determine 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 Secretary of State may consider whether the applicant has:(a) Been convicted of a crime in another state that, if committed in this state, would be a felony or other crime involving moral turpitude;(b) Made a materially false, misleading, deceptive or fraudulent representation as an athlete agent or in the application;(c) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;(d) Engaged in conduct prohibited by Section 73-42-27;(e) Had a registration, licensure or certification as an athlete agent suspended, revoked, or denied or been refused renewal of registration, licensure or certification in any state;(f) Engaged in conduct or failed to engage 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(g) Engaged in conduct that significantly adversely reflects on the applicant's trustworthiness or credibility.(4) In making a determination under subsection (3), the Secretary of State 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.(5) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under 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.(6) 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 (5), may file a copy of the application for renewal and a valid certificate of registration from the other state. 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:(a) Was submitted in the other state within the last six (6) months and the applicant certifies the information contained in the application for renewal is current;(b) Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this state; and(c) Was signed by the applicant under penalty of perjury.(7) Except as provided in Section 33-1-39, a certificate of registration or a renewal of a registration is valid for two (2) years. Laws, 2001, ch. 536, § 6; Laws, 2007, ch. 309, § 32; Laws, 2011, ch. 541, § 6, eff. 4/26/2011.Amended by Laws, 2024, ch. 378, SB 2417,§ 11, eff. 4/18/2024.