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§ 3505. Registration as athlete agent; application; requirements; reciprocal registration

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 5 Pa.C.S.A. Athletics and SportsEffective: November 3, 2022

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 5 Pa.C.S.A. Athletics and Sports
Part II. Athletes (Refs & Annos)
Chapter 35. Athlete Agents (Refs & Annos)
Effective: November 3, 2022
5 Pa.C.S.A. § 3505
Formerly cited as PA ST 5 Pa.C.S.A. § 3302
§ 3505. Registration as athlete agent; application; requirements; reciprocal registration
Currentness
(a) Application.--Except as specified in subsection (b), an applicant for registration as an athlete agent shall submit an application for registration to the commission in a form prescribed by the commission. The applicant shall be an individual, and the application must be signed by the applicant subject to the provisions of 18 Pa.C.S. §§ 4902 (relating to perjury), 4903 (relating to false swearing) and 4904 (relating to unsworn falsification to authorities). The application shall contain at least the following:
(1) Name, date and place of birth of the applicant and all of the following contact information for the applicant:
(i) Address of the applicant's principal place of business.
(ii) Work and mobile telephone numbers.
(iii) Any means of communicating electronically, including a facsimile number, an electronic mail address and personal and business or employer websites.
(2) Name of the applicant's business or employer, if applicable, including for each business or employer its mailing address, telephone number, organization form and the nature of the business.
(3) Each social media account with which the applicant or the applicant's business or employer is affiliated.
(4) Each business or occupation in which the applicant engaged within five years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time.
(5) Description of the applicant's:
(i) formal training as an athlete agent;
(ii) practical experience as an athlete agent; and
(iii) educational background relating to the applicant's activities as an athlete agent.
(6) Statement listing the:
(i) name of each student athlete for whom the applicant acted as an athlete agent within five years before the date of the application or, if the student athlete is a minor, name of the parent or guardian of the student athlete; and
(ii) student athlete's sport and last known team.
(7) Name and address of each person that:
(i) is a partner, member, officer, manager, associate or profit sharer or directly or indirectly holds an equity interest of five percent or greater of the athlete agent's business if the business is not a corporation; and
(ii) is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation.
(8) Description of the status of each application by the applicant or a person named under paragraph (7) for a Federal or state business, professional or occupational license, other than as an athlete agent, from a Federal or state agency. This paragraph includes the denial, refusal to renew, suspension, withdrawal or termination of the license and each reprimand or censure related to the license.
(9) Whether the applicant or a person named under paragraph (7) has pleaded guilty or no contest to, has been convicted of or has charges pending for an offense which involves moral turpitude or would constitute a felony if committed in this Commonwealth. For an offense subject to this paragraph, the application must identify:
(i) the offense;
(ii) the state and date of the offense or disciplinary action;
(iii) the law enforcement agency involved; and
(iv) if applicable, the date of the plea or conviction and the penalty imposed.
(10) Whether, within 15 years before the date of application, the applicant or a person named under paragraph (7) has been a defendant or respondent in a civil proceeding, including a proceeding under 20 Pa.C.S. Ch. 55 Subch. C1 (relating to appointment of guardian; bonds; removal and discharge). For a proceeding under this paragraph, the application shall state the date and a full explanation of the proceeding.
(11) Whether the applicant or a person named under paragraph (7) has an unsatisfied judgment or a judgment of continuing effect, including an order under 23 Pa.C.S. Ch. 37 (relating to alimony and support) or 43 (relating to support matters generally), which is not current at the date of the application.
(12) Whether, within 10 years before the date of application, the applicant or a person named under paragraph (7) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.
(13) Whether there has been any administrative or judicial determination that the applicant or a person named under paragraph (7) made a false, misleading, deceptive or fraudulent representation.
(14) Each instance in which conduct of the applicant or a person named under paragraph (7) resulted in:
(i) imposition on a student athlete of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event; or
(ii) imposition of a sanction on an educational institution.
(15) Each sanction, suspension or disciplinary action taken against the applicant or a person named under paragraph (7) arising out of occupational or professional conduct.
(16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew or abandonment of the registration of the applicant or a person named under paragraph (7) as an athlete agent in any state.
(17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.
(18) If the applicant is certified or registered by a professional league or players association:
(i) name of the league or association;
(ii) date of certification or registration and, if applicable, date of expiration of the certification or registration;
(iii) date of denial of an application for, suspension or revocation of, refusal to renew, withdrawal of or termination of the certification or registration; and
(iv) date of reprimand or censure related to the certification or registration.
(19) Additional information required by the commission.
(b) Alternative application.--Instead of proceeding under subsection (a), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this Commonwealth by submitting to the commission:
(1) a copy of the application for registration in the other state;
(2) a statement which identifies every material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
(3) a copy of the certificate of registration from the other state.
(c) Certificate of registration.--The commission shall issue a certificate of registration to an individual who applies for registration under subsection (b) if the commission determines all of the following:
(1) The application and registration requirements of the other state are substantially similar to or more restrictive than this chapter.
(2) The registration has not been revoked or suspended by the other state.
(3) No action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(d) Implementation.--For purposes of implementing subsection (c), the commission shall:
(1) cooperate with national organizations concerned with athlete agent issues and with agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and
(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
(e) Criminal history background check.--An individual who applies for registration under subsection (a) or (b) shall submit to the commission, pursuant to 18 Pa.C.S. Ch. 91 (relating to criminal history record information), a report of criminal history record information from the Pennsylvania State Police or a statement from the Pennsylvania State Police that the Pennsylvania State Police central repository contains no such information relating to the individual. The criminal history record information shall be limited to that which is disseminated pursuant to 18 Pa.C.S. § 9121(b)(2) (relating to general regulations).

Credits

2022, Nov. 3, P.L. 1996, No. 139, § 3, imd. effective.

Footnotes

1
20 Pa.C.S.A. § 5511 et seq.
5 Pa.C.S.A. § 3505, PA ST 5 Pa.C.S.A. § 3505
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document