Del. Code tit. 24 § 5405

Current through 2024 Legislative Session Act Chapter 531
Section 5405 - 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 in a form prescribed by the Secretary. 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 all of the following contact information for the applicant:
a. The address of the applicant's principal place of business.
b. Work and mobile telephone numbers.
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, as 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 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time.
(5) A description of all of the following related to the applicant:
a. The applicant's formal training as an athlete agent.
b. The applicant's practical experience as an athlete agent.
c. The applicant's educational background relating to the applicant's activities as an athlete agent.
(6) The name of each student athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the athlete is a minor, the name of the parent or guardian of the athlete, together with the athlete's sport and last-known team.
(7) The name and address of each person that meets all of the following:
a. Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of 5% or greater of the athlete agent's business if it is not a corporation.
b. Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5% or greater in the corporation.
(8) A description of the status of any application by the applicant, or any person named under paragraph (a)(7) of this section, for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license.
(9) Whether the applicant, or any person named under paragraph (a)(7) of this section, has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would be a felony if committed in this State and, if so, identification of all of the following:
a. The crime.
b. The law-enforcement agency involved.
c. If applicable, the date of the guilty plea, no contest plea, or conviction and the fine or penalty imposed.
(10) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (a)(7) of this section, has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding.
(11) Whether the applicant, or any person named under paragraph (a)(7) of this section, has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application.
(12) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (a)(7) of this section, was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.
(13) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (a)(7) of this section, made a false, misleading, deceptive, or fraudulent representation.
(14) Each instance in which conduct of the applicant, or any person named under paragraph (a)(7) of this section, resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution.
(15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (a)(7) of this section, arising out of occupational or professional conduct.
(16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (a)(7) of this section, as an athlete agent in any state.
(17) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.
(18) If the applicant is certified or registered by a professional league or players association, all of the following:
a. The name of the league or association.
b. The date of the certification or registration, and the date of expiration of the certification or registration, if any.
c. If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration.
(19) Any additional information required by the Secretary.
(b) Instead of proceeding under subsection (a) of this section, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this State by submitting all of the following to the Secretary:
(1) An application for registration as an athlete agent under subsection (a) of this section.
(2) A copy of the record of registration from the other state.
(c) The Secretary shall grant a record of registration to an individual who applies for registration under subsection
(b) of this section if the Secretary determines all of the following:
(1) The registration requirements of the other state are substantially similar to or more restrictive than this chapter.
(2) The registration has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any state.
(d) For purposes of implementing subsection (c) of this section, the Secretary shall do all of the following:
(1) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter.
(2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

24 Del. C. § 5405

Added by Laws 2021, ch. 528,s 1, eff. 7/1/2023.