(1) An applicant for registration shall submit an application for registration as an athlete agent to the division in a form prescribed by the division. An application filed under this section is a public record under Title 63G, Chapter 2, Government Records Access and Management Act. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. Except as otherwise provided in Subsections (2) and (3), the application must contain at least the following:

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Terms Used In Utah Code 58-87-202

  • Athlete agent: means an individual, whether or not registered under this chapter, who:
              (2)(a)(i) directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;
              (2)(a)(ii) for compensation or in anticipation of compensation related to a student athlete's participation in athletics:
                   (2)(a)(ii)(A) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
                   (2)(a)(ii)(B) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
              (2)(a)(iii) in anticipation of representing a student athlete for a purpose related to the athlete's participation in athletics:
                   (2)(a)(iii)(A) gives consideration to the student athlete or another person;
                   (2)(a)(iii)(B) serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
                   (2)(a)(iii)(C) manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes. See Utah Code 58-87-102
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 58-1-102
  • Educational institution: includes a public or private elementary school, secondary school, technical or vocational school, community college, college, and university. See Utah Code 58-87-102
  • Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Utah Code 58-87-102
  • 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 Utah Code 58-87-102
  • Registration: means registration as an athlete agent under this chapter. See Utah Code 58-87-102
  • 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 Utah Code 58-87-102
  • 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 Utah Code 58-87-102
     (1)(a) the name and date and place of birth of the applicant and the following contact information for the applicant:

          (1)(a)(i) the address of the applicant’s principal place of business;
          (1)(a)(ii) work and mobile telephone numbers; and
          (1)(a)(iii) any means of communicating electronically, including a facsimile number, email address, and personal and business or employer websites;
     (1)(b) the 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;
     (1)(c) each social-media account with which the applicant or the applicant’s business or employer is affiliated;
     (1)(d) 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;
     (1)(e) a description of the applicant’s:

          (1)(e)(i) formal training as an athlete agent;
          (1)(e)(ii) practical experience as an athlete agent; and
          (1)(e)(iii) educational background relating to the applicant’s activities as an athlete agent;
     (1)(f) the 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, the name of the parent or guardian of the minor, together with the athlete’s sport and last-known team;
     (1)(g) the name and address of each person that:

          (1)(g)(i) is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of 5% or greater of the athlete agent’s business if it is not a corporation; and
          (1)(g)(ii) is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5% or greater in the corporation;
     (1)(h) a description of the status of any application by the applicant, or any person named under Subsection (1)(g), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
     (1)(i) whether the applicant, or any person named under Subsection (1)(g), has 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 and, if so, identification of:

          (1)(i)(i) the crime;
          (1)(i)(ii) the law-enforcement agency involved; and
          (1)(i)(iii) if applicable, the date of the conviction and the fine or penalty imposed;
     (1)(j) whether, within 15 years before the date of application, the applicant, or any person named under Subsection (1)(g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding;
     (1)(k) whether the applicant, or any person named under Subsection (1)(g), has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
     (1)(l) whether, within 10 years before the date of application, the applicant, or any person named under Subsection (1)(g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
     (1)(m) whether there has been any administrative or judicial determination that the applicant, or any person named under Subsection (1)(g), made a false, misleading, deceptive, or fraudulent representation;
     (1)(n) each instance in which conduct of the applicant, or any person named under Subsection (1)(g), resulted in the 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;
     (1)(o) each sanction, suspension, or disciplinary action taken against the applicant, or any person named under Subsection (1)(g), arising out of occupational or professional conduct;
     (1)(p) 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 any person named under Subsection (1)(g), as an athlete agent in any state;
     (1)(q) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
     (1)(r) if the applicant is certified or registered by a professional league or players association:

          (1)(r)(i) the name of the league or association;
          (1)(r)(ii) the date of certification or registration, and the date of expiration of the certification or registration, if any; and
          (1)(r)(iii) if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
     (1)(s) any additional information required by the division.
(2) Instead of proceeding under Subsection (1), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the division:

     (2)(a) a copy of the application for registration in the other state;
     (2)(b) a statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
     (2)(c) a copy of the certificate of registration from the other state.
(3) The division shall issue a certificate of registration to an individual who applies for registration under Subsection (2) if the division determines:

     (3)(a) the application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
     (3)(b) the registration has not been revoked or suspended 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.
(4) For purposes of implementing Subsection (3), the division shall:

     (4)(a) cooperate with national organizations concerned with athlete agent issues and agencies in other states that 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
     (4)(b) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.
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