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
Section 8-26B-5 Registration as athlete agent; application; requirements; reciprocal registration.
(a) An applicant for registration as an athlete agent shall submit an application for registration
to the Secretary of State in a form prescribed by the Secretary of State. 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...
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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
Section 16-33B-4 Basic powers and duties of the Alabama Commission on Higher Education for
the Alabama Guaranteed Student Loan Program. (a) Basic powers. The Alabama Commission on Higher
Education (ACHE) is authorized to administer the Alabama Guaranteed Student Loan Program in
accordance with the Federal Student Loan Law, and empowered to promulgate such rules, regulations,
policies, and procedures as may be reasonable and proper in order to carry out the provisions
and purposes of this chapter. Without limiting the generality of the foregoing, the ACHE is
authorized and empowered: (1) To establish regulations deemed necessary to comply with federal
regulations and legislation relative to guaranteed student loans and the Federal Student Loan
Law. (2) To establish eligibility criteria for participating postsecondary educational institutions.
(3) To establish reasonable eligibility criteria for the initial and continuing participation
of approved lenders in the student loan program. (4)...
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25-4-10
Section 25-4-10 Employment. (a) Subject to other provisions of this chapter, "employment"
means: (1) Any service performed prior to January 1, 1978, which was employment as defined
in this section prior to such date and, subject to the other provisions of this section, services
performed for remuneration after December 31, 1977, including service in interstate commerce,
by: a. Any officer of a corporation; or b. Any individual who, under the usual common law
rules applicable in determining the employer-employee relationship, has the status of an employee;
or c. Any individual other than an individual who is an employee under paragraphs a. or b.
of this subdivision (1) who performs services for remuneration for any person: 1. As an agent-driver
or commission-driver engaged in distributing meat products, bakery products, beverages (other
than milk) or laundry or dry cleaning services for a principal; 2. As a traveling or city
salesman engaged upon a full-time basis in the solicitation on...
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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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