Code of Alabama

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8-26B-15
Section 8-26B-15 Criminal penalties. (a) The commission of any conduct prohibited in subsection
(a) of Section 8-26B-14 by an individual required by this chapter to register as an athlete
agent who has intentionally not registered under this chapter is a Class B felony. (b) Except
for subdivision (1) of subsection (b) of Section 8-26B-14, the commission of any conduct prohibited
in Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class C
felony. (c) The commission of any conduct prohibited in subdivision (1) of subsection (b)
of Section 8-26B-14 by an athlete agent who has registered under this chapter is a Class A
misdemeanor. (Act 2016-415, §1.)...
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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,
§1.)...
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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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8-6-18
Section 8-6-18 Criminal penalties for violations of article; enforcement; scienter. (a) A person
who willfully violates Section 8-6-3 or Section 8-6-4, upon conviction, shall be guilty of
a Class C felony. A person that willfully violates subsection (a), (b), or (c) of Section
8-6-17, upon conviction, shall be guilty of a Class B felony. The limitations period for any
prosecution under this section does not commence or begin to accrue until the discovery of
the facts constituting the deception, after which the prosecution shall be commenced within
five years. (b) A person who willfully violates any provision of this chapter, other than
those noted in subsection (a), or a rule adopted or order issued under this chapter, upon
conviction, shall be guilty of a Class A misdemeanor. (c) The enforcement of the provisions
of this article shall be vested in the commission. It shall be the duty of the commission
to see that its provisions are at all times obeyed and to take such measures and to...
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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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8-26B-30
Section 8-26B-30 Alabama Athlete Agents Commission. (a) The Alabama Athlete Agents Commission
is continued in existence. The commission shall consist of the Secretary of State and 18 members
to be appointed as follows: (1) One member appointed by the Governor. (2) One member appointed
by the Lieutenant Governor. (3) One member appointed by the Speaker of the House of Representatives.
(4) The athletic director or an individual appointed by the athletic director at each of the
following institutions of higher education: a. Auburn University. b. University of Alabama,
Tuscaloosa. c. University of South Alabama. d. Alabama State University. e. Alabama A &
M University. f. Tuskegee University. g. Troy University. h. Jacksonville State University.
i. University of North Alabama. j. University of West Alabama. k. Miles College. l. University
of Montevallo. m. University of Alabama, Huntsville. n. University of Alabama, Birmingham.
(5) One member appointed by the Alabama High School Athletic...
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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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41-5A-6
Section 41-5A-6 Chief examiner - Recovery audits for overpayments of state funds. (a) For the
purposes of this section, the following words have the following meanings: (1) CHIEF EXAMINER.
The Chief Examiner of Public Accounts. (2) OVERPAYMENT. Any payment in excess of amounts due
and includes failure to meet eligibility requirements, failure to identify third party liability
where applicable, any payment for an ineligible good or service, any payment for a good or
service not received, duplicate payments, invoice and pricing errors, failure to apply discounts,
rebates, or other allowances, failure to comply with contracts or purchasing agreements, or
both, failure to provide adequate documentation or necessary signatures, or both, on documents,
or any other inadvertent error resulting in overpayment. (3) RECOVERY AUDIT. A financial management
technique used to identify overpayments made by a state agency with respect to individuals,
vendors, service providers, and other entities in...
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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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