(a)  Except as otherwise provided in subsection (b) of this section, the secretary of state shall issue a certificate of registration to an individual who complies with § 5-74.1-5(a) or whose application has been accepted under § 5-74.1-5(b).

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Terms Used In Rhode Island General Laws 5-74.1-6

  • 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 Rhode Island General Laws 5-74.1-2
  • Athletic director: means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. See Rhode Island General Laws 5-74.1-2
  • 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 Rhode Island General Laws 5-74.1-2
  • Registration: means registration as an athlete agent pursuant to this chapter. See Rhode Island General Laws 5-74.1-2
  • 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 Rhode Island General Laws 5-74.1-2
  • 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 Rhode Island General Laws 5-74.1-2

(b)  The secretary of state may refuse to issue a certificate of registration if the secretary of state determines that the applicant has engaged in conduct that has a significant adverse effect 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)  Been convicted of a crime that, if committed in this state, would be 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 § 5-74.1-14;

(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) of this section, 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)  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 secretary of state. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must 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) of this section, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The secretary of state 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 six (6) 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.

(f)  A certificate of registration or a renewal of a registration is valid for two (2) years.

(g)  Upon the secretary of state’s approval of any registration for an athlete agent, the secretary of state’s office will notify the athletic director of any institution of higher education within the state of Rhode Island that participates in intercollegiate athletics at the Division I, II, or III level by providing that office with a copy of the agent’s registration and disclosure statements.

History of Section.
P.L. 2008, ch. 246, § 2; P.L. 2021, ch. 400, § 21, effective July 13, 2021; P.L. 2021, ch. 401, § 21, effective July 13, 2021.