(a) Except as otherwise provided in subsection (b), the director shall issue a certificate of registration to an applicant for registration who complies with section 481Z-5(a).

Terms Used In Hawaii Revised Statutes 481Z-6

  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 481Z-2
  • Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Hawaii Revised Statutes 481Z-2
  • Fiduciary: A trustee, executor, or administrator.
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Hawaii Revised Statutes 481Z-2
  • Registration: means registration as an athlete agent under this chapter. See Hawaii Revised Statutes 481Z-2
  • Sign: means , with present intent to authenticate or adopt a record:

    (1) To execute or adopt a tangible symbol; or

    (2) To attach to or logically associate with the record an electronic symbol, sound, or process. See Hawaii Revised Statutes 481Z-2

  • State: means a state of the United States, the District of Columbia, Guam, 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 481Z-2
  • 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 sport or intercollegiate sport. See Hawaii Revised Statutes 481Z-2
(b) The director may refuse to issue a certificate of registration to an applicant for registration under section 481Z-5(a) if the director 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 director may consider whether the applicant has:

(1) 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;
(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 § 481Z-14;
(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; or
(8) Engaged in conduct that 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) Other relevant conduct of the applicant.
(d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the director. The applicant shall sign the application for renewal under penalty of unsworn falsification to authorities and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under section 481Z-5(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the director copies of the application for renewal in the other state and the renewed registration from the other state. The director shall renew the registration if the director determines:

(1) The registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
(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 certificate of registration or renewal of registration under this chapter shall be valid for two years and shall be renewed by June 30 of every even-numbered year, upon the payment of a renewal fee within sixty days before the expiration of the registration. Registrations that have been forfeited may be restored within one year of the forfeiture date upon payment of renewal and restoration fees. Failure to restore a forfeited registration within one year shall result in the automatic termination of the registration. A person whose registration has been terminated pursuant to this section shall be required to reapply for a new registration as a new applicant.

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