(a) Except as otherwise provided in subsection (b) of this section, the Secretary shall grant a record of registration to an applicant for registration who complies with § 5405(a) of this title.

Terms Used In Delaware Code Title 24 Sec. 5406 v2

  • Fiduciary: A trustee, executor, or administrator.
  • State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
  • Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302

(b) The Secretary may refuse to grant a record of registration to an applicant for registration under § 5405(a) of this title if the Secretary 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 Secretary may consider whether the applicant has done any of the following:

(1) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would be 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 § 5413 of this title.

(5) Had a registration as an athlete agent suspended, revoked, or denied in any state.

(6) Been refused renewal of registration as an athlete agent in any state.

(7) 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.

(8) Engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.

(c) In making a determination under subsection (b) of this section, the Secretary shall consider all of the following:

(1) How recently the conduct occurred.

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

(3) Other relevant conduct of the applicant.

(d) An athlete agent registered under subsection (a) of this section may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary. 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 or verify there is no material change in the information.

(e) An athlete agent registered under § 5405(c) of this title may renew the registration by proceeding under subsection (d) of this section or, if the registration in the other state has been renewed, by submitting to the Secretary an application for renewal in a form prescribed by the Secretary and the renewed registration from the other state. The Secretary shall renew the registration if the Secretary determines all of the following:

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

(2) 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.

(f) A record of registration or renewal of a record of registration under this chapter is valid for not more than 2 years. The biennial registration period begins July 1 of each odd-numbered year and ends June 30 of the next odd-numbered year.

73 Del. Laws, c. 144, § ?1; 74 Del. Laws, c. 262, § ?102; 75 Del. Laws, c. 436, § ?53; 83 Del. Laws, c. 528, § 1;