58-87-203. Certificate of registration — Issuance or denial — Renewal.
(1)
Except as otherwise provided in Subsection (2), the division shall issue a certificate of registration to an applicant for registration who complies with Subsection 58-87-202(1).
Terms Used In Utah Code 58-87-203
Athlete agent: means an individual, whether or not registered under this chapter, who:
(i)
directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
(ii)
for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
(A)
serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(B)
manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii)
in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
(A)
gives consideration to the student athlete or another person;
(B)
serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(C)
manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes. See Utah Code 58-87-102
Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Utah Code 58-87-102
Fiduciary: A trustee, executor, or administrator.
Registration: means registration as an athlete agent under this chapter. See Utah Code 58-87-102
Sign: means , with present intent to authenticate or adopt a record:
(a)
to execute or adopt a tangible symbol; or
(b)
to attach to or logically associate with the record an electronic symbol, sound, or process. See Utah Code 58-87-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 58-87-102
Student athlete: means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. See Utah Code 58-87-102
(2)
The division may refuse to issue a certificate of registration to an applicant for registration under Subsection 58-87-202(1) if the division determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the division may consider whether the applicant has:
(a)
pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
(b)
made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(c)
engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(d)
engaged in conduct prohibited by Section 58-87-401;
(e)
had a registration as an athlete agent suspended, revoked, or denied in any state;
(f)
been refused renewal of registration as an athlete agent in any state;
(g)
engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or
(h)
engaged in conduct that 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)
other relevant conduct of the applicant.
(4)
An athlete agent registered under Subsection (1) may apply to renew the registration by submitting an application for renewal in a form prescribed by the division. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.
(5)
An athlete agent registered under Subsection 58-87-202(2) may renew the registration by proceeding under Subsection (4) or, if the registration in the other state has been renewed, by submitting to the division copies of the application for renewal in the other state and the renewed registration from the other state. The division shall renew the registration if the division determines:
(a)
the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(b)
the renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
(6)
A certificate of registration or a renewal of a registration is valid for two years.
Renumbered and Amended by Chapter 225, 2017 General Session
