Current through P.L. 255-2023
Section 25-5.2-2-3 - Application for registration; agents licensed in other states(a) An applicant for registration as an athlete agent shall submit an application for registration to the attorney general in a form prescribed by the attorney general. An application filed under this section is a public record under IC 5-14-3. The applicant must be an individual and, except as otherwise provided in subsection (b), the application must be signed or otherwise authenticated by the applicant under penalty of perjury and contain the following information: (1) The name and date of birth of the applicant and:(A) the address of the applicant's principal place of business;(B) the applicant's work and mobile telephone numbers; and(C) information concerning any means of communicating electronically with the applicant, including:(ii) an electronic mail address; and(iii) a personal, business, or employer hosted Internet web site address;
as applicable.(2) The name of the applicant's business or employer, if applicable, including for each business or employer, the mailing address, telephone number, organization form, and the nature of the business.(3) Each social media account with which the applicant or applicant's business or employer is affiliated.(4) Any business or occupation engaged in by the applicant for the five (5) years immediately preceding the date of submission 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 the applicant's:(A) formal training as an athlete agent;(B) practical experience as an athlete agent; and(C) educational background relating to the applicant's activities as an athlete agent.(6) The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references.(7) The name, sport, and last known team for each individual, or, if the individual is a minor, the name of the parent or guardian of the minor, for whom the applicant acted as an athlete agent during the five (5) years immediately preceding the date of submission of the application.(8) The names and addresses of all persons who are:(A) with respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business or a person who directly or indirectly holds an equity interest of five percent (5%) or greater of the athlete's business; and(B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater.(9) Whether the applicant or any person named in subdivision (8) has been convicted of a crime that, if committed in Indiana, would be a crime involving moral turpitude or a felony, and identify: (B) the law enforcement agency involved; and(C) if applicable, the date of the conviction and the fine or penalty imposed.(10) A description of the status of any application by the applicant, or any person named in subdivision (8), 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.(11) Whether, during the fifteen (15) years preceding the date of application, the applicant or any person named in subdivision (8) has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding.(12) Whether the applicant or any person named in subdivision (8) has an unsatisfied judgment or a judgment of continuing effect, including a domestic order concerning child support, which is not current at the date of application.(13) Whether, during the ten (10) years preceding the date of application, the applicant or any person named in subdivision (8) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.(14) Whether there has been any administrative or judicial determination that the applicant or any person named in subdivision (8) has made a false, misleading, deceptive, or fraudulent representation.(15) A description of any instance in which the conduct of the applicant or any person named in subdivision (8) 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.(16) A description of any sanction, suspension, or disciplinary action taken against the applicant or any person named in subdivision (8) arising out of occupational or professional conduct.(17) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of the registration or licensure of the applicant or any person named in subdivision (8) as an athlete agent in any state.(18) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.(19) If the applicant is certified or registered by a professional league or players association:(A) the name of the league or association;(B) the date of certification or registration, and the date of expiration of the certificate or registration, if any; and(C) if applicable, the date of any denial or 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.(20) Any additional information required by the attorney general.(b) An individual who has submitted an application for and holds a certificate of registration or licensure as an athlete agent in another state may submit:(1) a copy of the application and certificate; and(2) a statement that identifies any material change in the information on the application or verifies that there is no material change in the information, signed under penalty of perjury;
instead of submitting an application in the form prescribed under subsection (a).(c) The attorney general shall accept the application and the certificate from the other state described in subsection (b) as an application for registration in Indiana if: (1) the application to the other state was submitted in the other state within six (6) months immediately preceding the submission of the application in Indiana and the applicant certifies that the information contained in the application is current;(2) the application to the other state contains information substantially similar to or more restrictive than that required in an application submitted in Indiana;(3) 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; and(4) the application to the other state was signed by the applicant under penalty of perjury.(d) For purposes of implementing subsection (b), the attorney general shall: (1) cooperate with national organizations concerned with athlete agent issues and agencies in other states that 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 article; and(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies described in subdivision (1).Amended by P.L. 95-2019,SEC. 4, eff. 7/1/2019.As added by P.L. 54-2001, SEC.5.