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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-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-6
Section 8-26B-6 Certificate of registration; issuance or denial; renewal. (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 Section 8-26B-5(a). (b) The Secretary of
State may refuse to issue a certificate of registration to an applicant for registration under
Section 8-26B-5(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...
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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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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-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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16-1-23
Section 16-1-23 Hazing prohibited; penalty. (a) Hazing is defined as follows: (1) Any willful
action taken or situation created, whether on or off any school, college, university, or other
educational premises, which recklessly or intentionally endangers the mental or physical health
of any student, or (2) Any willful act on or off any school, college, university, or other
educational premises by any person alone or acting with others in striking, beating, bruising,
or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or
maim, or to do or seriously offer, threaten, or attempt to do physical violence to any student
of any such educational institution or any assault upon any such students made for the purpose
of committing any of the acts, or producing any of the results to such student as defined
in this section. (3) The term hazing as defined in this section does not include customary
athletic events or similar contests or competitions, and is limited...
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16-28-40
Section 16-28-40 License applicant under 19 to provide documentation of school enrollment,
etc.; duties of school attendance official; withdrawal from school; conviction for certain
pistol offenses. (a) The Department of Public Safety shall deny a driver's license or a learner's
license for the operation of a motor vehicle to any person under the age of 19 who does not,
at the time of application, present a diploma or other certificate of graduation issued to
the person from a secondary high school of this state or any other state, or documentation
that the person: (1) is enrolled and making satisfactory progress in a course leading to a
general educational development certificate (GED) from a state approved institution or organization,
or has obtained the certificate; (2) is enrolled in a secondary school of this state or any
other state and has not at the time of application accumulated disciplinary points while a
student in school that would extend the age of eligibility for the...
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16-46-1
Section 16-46-1 Definitions. For the purposes of this chapter, the following words shall have
the meanings respectively ascribed to them by this section: (1) ACADEMIC FRAUD. Courses offered
are insufficient in quality, content, or administration to achieve the stated or implied educational
objective. Persons offering such courses who know or reasonably should know that the courses
cannot achieve the stated or implied educational objective shall be considered to be involved
in academic fraud. (2) AGENT or REPRESENTATIVE. Salesperson who presents materials, sells
courses, or solicits students for enrollment of students in the state in person, by mail,
by correspondence, by telephone, online, by distance learning education, or by any other method
of advertising within the state. (3) COURSE. Any course, or portion of a plan or program of
instruction, whether conducted in person, by mail, by correspondence, online, by distance
learning education, or by any other method. (4) ECONOMIC FRAUD....
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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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