[ 481E-4] Registration as athlete agent; form; requirements. (a) An applicant for registration shall submit an application for registration to the director in a form prescribed by the director. An application filed under this section is a government record. The application shall be in the name of an individual and, except as otherwise provided in subsection (b), signed or otherwise authenticated by the applicant under penalty of perjury or of unsworn falsification to authorities, as applicable, and shall state or contain:
Terms Used In Hawaii Revised Statutes 481E-4
- Athlete agent: means an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. See Hawaii Revised Statutes 481E-1
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 481E-1
- Felony: A crime carrying a penalty of more than a year in prison.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Hawaii Revised Statutes 481E-1
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Hawaii Revised Statutes 481E-1
- Registration: means registration as an athlete agent pursuant to this chapter. See Hawaii Revised Statutes 481E-1
- 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 Hawaii Revised Statutes 481E-1
- Student-athlete: means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. See Hawaii Revised Statutes 481E-1
(1) The name of the applicant and the address of the applicant’s principal place of business;
(2) The name of the applicant’s business or employer, if applicable;
(3) Any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application;
(4) A description of the applicant’s:
(A) Formal training as an athlete agent;
(B) Practical experience as an athlete agent; and
(C) Educational background relating to the applicant’s activities as an athlete agent;
(5) The names and addresses of three individuals not related to the applicant who are willing to serve as references;
(6) The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application;
(7) The names and addresses of all persons who are:
(A) With respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business; and
(B) With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five per cent or greater;
(8) Whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony, and identify the crime;
(9) Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation;
(10) Any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) resulted in the imposition on a student-athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event;
(11) Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (7) arising out of occupational or professional conduct; and
(12) Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (7) as an athlete agent in any state.
(b) An individual who has submitted an application for, and holds a certificate of, registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application in the form prescribed pursuant to subsection (a). The director shall accept the application and the certificate from the other state as an application for registration in this State if the application to the other state:
(1) Was submitted in the other state within the six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;
(2) Contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and
(3) Was signed by the applicant under penalty of perjury or of a related offense in the other state.