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, §1.)...
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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-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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41-29-331
Section 41-29-331 Definitions. For the purposes of this division, the following terms shall have the following meanings: (1) APPRENTICE. A worker who is at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in 29 C.F.R. Part 29.4. (2) APPRENTICESHIP AGREEMENT. A written agreement between an apprentice and either the apprenticeship program sponsor, or an apprenticeship committee acting as agent for the apprenticeship program sponsor or sponsors, which contains the terms and conditions of the employment and training of the apprentice in conformance with 29 C.F.R., Subtitle A, Part 29 and Section 40-18-421. (3) APPRENTICESHIP PROGRAM. A plan containing all terms and conditions for the qualification, recruitment, selection, employment, and training of apprentices, as required under the federal guidelines in 29 C.F.R., Subtitle A, Parts 29 and 30, U.S.C. §50, for apprenticeship...
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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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10A-1-1.03
limited liability company or association, a member; and (D) with respect to another foreign or domestic entity, an owner of an equity interest in that entity. (69) OWNERSHIP INTEREST. An owner's interest in an entity. The term includes the owner's share of profits and losses or similar items and the right to receive distributions. The term does not include an owner's right to participate in management or participate in the direction or oversight of the entity. An ownership interest is personal property. (70) PARENT or PARENT ENTITY. An entity that: (A) owns at least 50 percent of the ownership or membership interest of a subsidiary; or (B) possesses at least 50 percent of the voting power of the owners or members of a subsidiary. (71) PARTNER. A limited partner or general partner. (72) PARTNERSHIP. Includes a general partnership, a limited liability partnership, a foreign limited liability partnership, a limited partnership, a foreign limited partnership, a limited liability...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses, etc.; hearing; fines. (a) The board may refuse to license any person or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed in subsection (c), the licensee or prospective licensee may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the board in writing within 14 calendar days after the date of the refusal. Upon request, the board shall provide the licensee or prospective licensee with 20 days' notice of the public hearing by United States certified mail. The public hearing shall be conducted pursuant to Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided by the board to any licensee for whom the board is considering the probation,...
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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-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-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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