Code of Alabama

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8-26B-11
Section 8-26B-11 Notice to educational institution. (a) In this section, "communicating
or attempting to communicate" means contacting or attempting to contact by an in-person
meeting, a record, or any other method that conveys or attempts to convey a message. (b) Not
later than 72 hours after entering into an agency contract or before the next scheduled athletic
event in which the student athlete may participate, whichever occurs first, the athlete agent
shall give notice in a record of the existence of the contract to the athletic director of
the educational institution at which the athlete is enrolled or at which the agent has reasonable
grounds to believe the athlete intends to enroll. (c) Not later than 72 hours after entering
into an agency contract or before the next scheduled athletic event in which the student athlete
may participate, whichever occurs first, the athlete shall inform the athletic director of
the educational institution at which the athlete is enrolled that the...
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8-26B-2
Section 8-26B-2 Definitions. In this chapter: (1) "Agency contract" means an agreement
in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete
a professional-sports-services contract or endorsement contract. (2) "Athlete agent":
(A) means an individual, whether or not registered under this chapter, who: (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; (ii) for compensation or in anticipation of compensation related to a student
athlete's participation in athletics: (I) 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...
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8-26B-10
Section 8-26B-10 Required form of agency contract. (a) An agency contract must be in a record
signed by the parties. (b) An agency contract must contain: (1) a statement that the athlete
agent is registered as an athlete agent in this state and a list of any other states in which
the agent is registered as an athlete agent; (2) the amount and method of calculating the
consideration to be paid by the student athlete for services to be provided by the agent under
the contract and any other consideration the agent has received or will receive from any other
source for entering into the contract or providing the services; (3) the name of any person
not listed in the agent's application for registration or renewal of registration which will
be compensated because the athlete signed the contract; (4) a description of any expenses
the athlete agrees to reimburse; (5) a description of the services to be provided to the athlete;
(6) the duration of the contract; and (7) the date of execution....
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8-26B-5
The applicant must be an individual, and the application must be signed by the applicant under
penalty of perjury. The application must contain at least the following: (1) the name and
date and place of birth of the applicant and the following contact information for the applicant:
(A) the address of the applicant's principal place of business; (B) work and mobile telephone
numbers; and (C) any means of communicating electronically, including a facsimile number,
electronic-mail address, and personal and business or employer websites; (2) 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;
(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...
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16-46-5
Section 16-46-5 License for operation of schools; fees; financial stability. (a) No private
postsecondary institution, except those enumerated in Section 16-46-3, shall operate within
this state unless the private postsecondary institution first secures a license from the Department
of Postsecondary Education, regardless of whether the private postsecondary institution enrolls
Alabama students or has a physical presence within the State of Alabama. Procedures for licensing
and bonding of private postsecondary institutions operating courses in separate locations
shall be established in the rules and regulations pursuant to Section 16-46-7. (b) For all
applicable private postsecondary schools or institutions that apply for a license and that
meet the criteria identified in this section, the Department of Postsecondary Education shall
issue a license to be publicly displayed on the premises where the private postsecondary institution
operates. (c) The application for a license for a...
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16-33B-4
Loan Law. No obligation of ACHE for purposes of the loan program or for losses on student loans
resulting from death, default, bankruptcy, or total or permanent disability of the student
borrowers shall ever (i) create an obligation or a debt of the State of Alabama or any agency
or political subdivision thereof other than ACHE or a charge against the credit or taxing
powers of the state or any agency or political subdivision thereof other than ACHE, or (ii)
create or give rise to any personal liability of any of the commissioners or officers
of ACHE, but shall be payable solely from the ACHE "Student Loan Program Fund".
(13) To enter into contracts, agreements or covenants with, to accept aid, loans and grants
from, to cooperate with, to make loan servicing arrangements and other management arrangements
with, and to do any and all things not specifically prohibited by this chapter or other applicable
laws of the state that may be necessary in order for ACHE to avail itself of...
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25-4-10
situations); (v) In a position which, under or pursuant to the laws of this state or of an
Indian tribe, is designated as a major nontenured policymaking or advisory position or a policymaking
or advisory position the performance of the duties of which ordinarily does not require more
than 8 hours per week; or d. In a facility conducted for the purpose of carrying out a program
of rehabilitation for individuals whose earning capacity is impaired by age or physical or
mental deficiency or injury or providing remunerative work for individuals who because
of their impaired physical or mental capacity cannot be readily absorbed in the competitive
labor market by an individual receiving such rehabilitation or remunerative work; provided
however, if an individual's employment is otherwise characterized as employment under subsection
(a) and the individual is performing work under the Javits Wagner O'Day Act or a similar set-aside
program under the laws of the United States, the...
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8-26B-16
Section 8-26B-16 Civil remedy. (a) An educational institution or student athlete may bring
an action for damages against an athlete agent if the institution or athlete is adversely
affected by an act or omission of the agent in violation of this chapter. An educational institution
or student athlete is adversely affected by an act or omission of the agent only if, because
of the act or omission, the institution or an individual who was a student athlete at the
time of the act or omission and enrolled in the institution: (1) is suspended or disqualified
from participation in an interscholastic or intercollegiate sports event by or under the rules
of a state or national federation or association that promotes or regulates interscholastic
or intercollegiate sports; or (2) suffers financial damage. (b) A plaintiff that prevails
in an action under this section may recover actual damages, costs, and reasonable attorney's
fees. An athlete agent found liable under this section forfeits any...
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8-26B-14
Section 8-26B-14 Prohibited conduct; payment of expenses under certain circumstances. (a) Except
as otherwise provided in subsection (c), an athlete agent, with the intent to influence a
student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to enter
into an agency contract, may not take any of the following actions or encourage any other
individual to take or assist any other individual in taking any of the following actions on
behalf of the agent: (1) give materially false or misleading information or make a materially
false promise or representation; (2) furnish anything of value to the athlete before the athlete
enters into the contract; or (3) furnish anything of value to an individual other than the
athlete or another registered athlete agent. (b) An athlete agent may not intentionally do
any of the following or encourage any other individual to do any of the following on behalf
of the agent: (1) initiate contact, directly or indirectly, with a...
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8-26B-4
Section 8-26B-4 Athlete agent; registration required; void contract. (a) Except as otherwise
provided in subsection (b), an individual may not act as an athlete agent in this state without
holding a certificate of registration under this chapter. (b) Before being issued a certificate
of registration under this chapter, an individual may act as an athlete agent in this state
for all purposes except signing an agency contract, if: (1) a student athlete or another person
acting on behalf of the athlete initiates communication with the individual; and (2) not later
than seven days after an initial act that requires the individual to register as an athlete
agent, the individual submits an application for registration as an athlete agent in this
state. (c) An agency contract resulting from conduct in violation of this section is void,
and the athlete agent shall return any consideration received under the contract. (Act 2016-415,
ยง1.)...
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