(a) Except as otherwise provided in subsection (b), the secretary of state shall issue a certificate of registration to an applicant for registration who complies with § 49-7-2105(a) and who has submitted the requisite fee.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class D felony2 to 12 yearsup to $5,000
For details, see Tenn. Code § 40-35-111

Terms Used In Tennessee Code 49-7-2106

  • Conviction: A judgement of guilt against a criminal defendant.
  • Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Tennessee Code 49-7-2102
  • Fiduciary: A trustee, executor, or administrator.
  • Intercollegiate sport: means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics. See Tennessee Code 49-7-2102
  • Interscholastic sport: means a sport played between educational institutions that are not community colleges, colleges, or universities. See Tennessee Code 49-7-2102
  • Person: means an individual. See Tennessee Code 49-7-2102
  • 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 Tennessee Code 49-7-2102
  • Registration: means registration as an athlete agent under this part. See Tennessee Code 49-7-2102
  • Sign: means , with present intent to authenticate or adopt a record:
    (A) To execute or adopt a tangible symbol. See Tennessee Code 49-7-2102
  • 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 Tennessee Code 49-7-2102
  • 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 Tennessee Code 49-7-2102
(b) The secretary of state may refuse to issue a certificate of registration to an applicant for registration under § 49-7-2105(a) if the secretary of state 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 of state 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 § 49-7-2114;
(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 sport, intercollegiate sport, 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 secretary of state 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 secretary of state and by submitting the requisite fee. An application filed under this section is a public record for purposes of title 10, chapter 7. The applicant shall sign the application for renewal and include current information on all matters required in an original application for registration.
(e) An athlete agent registered under § 49-7-2105(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 secretary of state copies of the application for renewal in the other state and the renewed registration from the other state. The secretary of state shall renew the registration if the secretary of state determines:

(1) The registration requirements of the other state are substantially similar to or more restrictive than this part; 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 part is valid for two (2) years.
(g) Any registration pursuant to this part shall automatically expire, without notice, on the expiration date set forth on the registration.
(h) A certificate of registration issued to an athlete agent is not transferable.
(i)

(1) Notwithstanding this part to the contrary, in reviewing an application for registration or a renewal of registration, the secretary of state may request clarifying information from the applicant, including, but not limited to:

(A) Information concerning any criminal conviction reported pursuant to § 49-7-2105(a)(9);
(B) Information concerning any conduct resulting in sanction, suspension, or declaration of ineligibility of any student athlete or educational institution reported pursuant to § 49-7-2105(a)(14); and
(C) Information concerning denial, suspension, or revocation of registration or licensure reported pursuant to § 49-7-2105(a)(16).
(2) Failure to submit the information within thirty (30) days of the request is grounds for denial, revocation, or refusal to renew a certificate of registration pursuant to this section.
(3) No person shall act as an athlete agent for any purpose within this state pending submission of the clarifying information. A violation of this subdivision (i)(3) is a Class D felony.
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