[ 481E-5]  Certificate of registration; issuance or denial; renewal.  (a)  Except as otherwise provided in subsection (b), the director shall issue a certificate of registration to an individual who complies with section 481E‑4(a) or whose application has been accepted under section 481E‑4(b).

Terms Used In Hawaii Revised Statutes 481E-5

  • 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
  • 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.
  • Fiduciary: A trustee, executor, or administrator.
  • 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

     (b)  The director may refuse to issue a certificate of registration if the director determines that 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 director may consider whether the applicant has:

     (1)  Been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony;

     (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 481E‑13;

     (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 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

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

     (c)  In making a determination under subsection (b), the director shall consider:

     (1)  How recently the conduct occurred;

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

     (3)  Any other relevant conduct of the applicant.

     (d)  An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the director.  An application filed under this section is a government record.  The application for renewal shall be signed by the applicant under penalty of perjury or of unsworn falsification to authorities, as applicable, and shall contain current information on all matters required in an original registration.

     (e)  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 (d), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state.  The director 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:

     (1)  Was submitted in the other state within the six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;

     (2)  Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and

     (3)  Was signed by the applicant under penalty of perjury or of a related offense in the other state.

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