Ala. Admin. Code r. 142-1-2-.01

Current through Register Vol. 43, No. 1, October 31, 2024

Section 142-1-2-.01 - Process to Limit, Suspend, Revoke, or Refuse to Make Permanent; Civil Penalties Assessed

1. Upon receipt of notice of alleged misconduct or grounds specified by Alabama Code Sections 8-26B-6 and 8-26B-7, the Secretary of State, on behalf of the Commission, may initiate action to limit, suspend, revoke, refuse to renew, or refuse to make permanent the Alabama registration or temporary registration of an athlete agent and/or assess a civil penalty. Such action must adhere to the following process:

a. First, the athlete agent must promptly receive written notice of the alleged misconduct or specific ground(s) being considered to limit, suspend, revoke, refuse to renew, or refuse to make permanent his or her Alabama registration or temporary registration. Notice must also reference authority to assess civil penalties. Notice will be sent via U.S. mail, properly addressed to the registered mailing address of the athlete agent.

b. Prior to consideration by the Commission, the Secretary of State will conduct a fact-finding process to provide the registered athlete agent with a meaningful opportunity to respond to the noticed allegation(s). The registered athlete agent may choose to respond in person, electronically by video conference, or in writing.

c. Hearing. If the athlete agent seeks to appear in person or electronically by video conference, he or she must advise the Secretary of State within ten (10) days from the date the notice was postmarked to the agent's registered mailing address. Untimely requests will not be accepted. For timely requests, a hearing will be scheduled, accordingly, within thirty (30) days from the date the agent's request was postmarked and properly addressed. A staff attorney for the Secretary of State will serve as the hearing officer. An appropriate non-attorney designee of the Secretary of State will present supporting evidence for each noticed allegation at the hearing. The athlete agent may retain and have legal counsel present at the hearing; however, the athlete agent will be required to present his/her case and provide all evidence to the hearing officer directly. Legal counsel present for the athlete agent, if any, may be consulted during breaks or as otherwise permitted by the hearing officer.

d. Written Response. If the athlete agent seeks to respond in writing, he or she must submit any written comments and supporting documentation or evidence within thirty (30) days from the date the notice was postmarked to the agent's registered mailing address. Untimely responses will not be accepted. All timely written comments, supporting documentation, and evidence will be reviewed by a staff attorney for the Secretary of State.

e. Upon conclusion of the fact-finding process, whether by hearing or in writing, the staff attorney for the Secretary of State will provide a written report to the Commission summarizing the evidence received, including any testimony or correspondence. Evidence may be incorporated into the report as exhibits, as appropriate. In the event no response is received from the agent, whether by hearing or in writing, the staff attorney for the Secretary of State will prepare a report to the Commission stating the same and summarizing all evidence available for consideration. The report will determine whether sufficient evidence was received to support the allegation(s). The report will be the official record of the fact-finding process.

2. Upon receipt of the written report and in consideration thereof, along with any recommendation made from the Secretary of State, the Commission may take appropriate action to limit, suspend, revoke, refuse to renew, or refuse to make permanent the registration or temporary registration of an athlete agent.

3. The Commission, upon recommendation of the Secretary of State, may also assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000.00) for each violation of the Revised Uniform Athlete Agents Act (Title 8, Chapter 26B of the Alabama Code).

4. If necessary, to discuss good name and character in consideration of the aforementioned actions and/or otherwise in compliance with the Alabama Open Meetings Act, the Commission may properly convene an executive session.

5. The decision of the Commission to limit, suspend, revoke, refuse to renew, or refuse to make permanent the registration or temporary registration of an athlete agent and/or to impose a civil penalty will be made in public meeting and memorialized in the meeting minutes.

6. Notice of the Commission's decision will be promptly transmitted to the athlete agent via U.S. Mail.

Ala. Admin. Code r. 142-1-2-.01

Adopted by Alabama Administrative Monthly Volume XLII, Issue No. 02, November 30, 2023, eff. 1/14/2024.

Author: Michael L. Jones, Jr.; Meridith H. Blackburn

Statutory Authority: Alabama Code §§ 8-26B-3, 8-26B-5, 8-26B-6, 8-26B-7, 8-26B-8, 8-26B-14, 8-26B-15; 8-26B-16; 8-26B-17; 8-26B-30.