As Introduced 1
123rd General Assembly 4
Regular Session H.B. No. 107 5
1999-2000 6
REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI- 8
TAYLOR-BEATTY-EVANS-JONES-HARTNETT 9
10
A B I L L
To amend sections 3773.33, 3773.34, 4771.01, 12
4771.02, 4771.04, and 4771.99, to enact new 13
sections 4771.05 and 4771.06 and sections 4771.07 14
to 4771.20, and to repeal sections 4771.05 and 15
4771.06 of the Revised Code to establish a system 16
for the registration and regulation of athlete 17
agents. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3773.33, 3773.34, 4771.01, 23
4771.02, 4771.04, and 4771.99 be amended and new sections 4771.05 24
and 4771.06 and sections 4771.07, 4771.08, 4771.09, 4771.10, 25
4771.11, 4771.12, 4771.13, 4771.14, 4771.15, 4771.16, 4771.17, 26
4771.18, 4771.19, and 4771.20 of the Revised Code be enacted to 27
read as follows:
Sec. 3773.33. (A) There is hereby created the Ohio 37
athletic commission. The commission shall consist of five voting 38
members appointed by the governor with the advice and consent of 39
the senate, not more than three of whom shall be of the same 40
political party, and two nonvoting members, one of whom shall be 41
a member of the senate appointed by and to serve at the pleasure 42
of the president of the senate and one of whom shall be a member 43
of the house of representatives appointed by and to serve at the 44
pleasure of the speaker of the house of representatives. To be 45
eligible for appointment as a voting member a person shall be a 46
qualified elector, AND a resident of the state for not less than 47
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five years immediately preceding the person's appointment, and. 49
THREE VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST 51
ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH
SCHOOL ATHLETICS, AND AT LEAST ONE VOTING MEMBER SHALL BE 52
KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE ATHLETICS. One 53
commission member shall hold the degree of doctor of medicine or 55
doctor of osteopathy.
(B) No person shall be appointed to the commission or be 57
an employee of the commission who is licensed, REGISTERED, or 58
regulated by the commission. No member shall have any legal or 60
beneficial interest, direct or indirect, pecuniary or otherwise, 61
in any person who is licensed, REGISTERED, or regulated by the 62
commission or who participates in prize fights or public boxing 63
or wrestling matches or exhibitions. No member shall participate 65
in any fight, match, or exhibition other than in the member's 66
official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code. 67
(C) The governor shall appoint the voting members to the 69
commission. Of the initial appointments, two shall be for terms 70
ending one year after the effective date of this section, two 71
shall be for terms ending two years after the effective date of 72
this section, and one shall be for a term ending three years 73
after the effective date of this section. Thereafter, terms of
office shall be for three years, each term ending the same day of 74
the same month of the year as did the term which it succeeds. 75
Each member shall hold office from the date of the member's 76
appointment until the end of the term for which the member was 77
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's 78
predecessor was appointed shall hold office for the remainder of 79
the term. Any member shall continue in office subsequent to the 81
expiration date of the member's term until the member's successor 82
takes office, or until a period of sixty days has elapsed, 83
whichever occurs first. 84
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The governor shall name one voting member as chairperson of 86
the commission at the time of making the appointment of any 87
member for a full term. Three voting members shall constitute a 88
quorum, and the affirmative vote of three voting members shall be 89
necessary for any action taken by the commission. No vacancy on 90
the commission impairs the authority of the remaining members to
exercise all powers of the commission. 91
Voting members, when engaged in commission duties, shall 93
receive a per diem compensation determined in accordance with 94
division (J) of section 124.15 of the Revised Code, and all 95
members shall receive their actual and necessary expenses 96
incurred in the performance of their official duties. 97
Each voting member, before entering upon the discharge of 99
the member's duties, shall file a surety bond payable to the 100
treasurer of state in the sum of ten thousand dollars. Each 101
surety bond shall be conditioned upon the faithful performance of 102
the duties of the office, executed by a surety company authorized 103
to transact business in this state, and filed in the office of 104
the secretary of state. 105
The governor may remove any voting member for malfeasance, 107
misfeasance, or nonfeasance in office after giving the member a 108
copy of the charges against the member and affording the member 109
an opportunity for a public hearing, at which the member may be 110
represented by counsel, upon not less than ten days' notice. If 111
the member is removed, the governor shall file a complete 112
statement of all charges made against the member and the 113
governor's finding thereon in the office of the secretary of 114
state, together with a complete report of the proceedings. The 115
governor's decision shall be final. 116
(D) The commission shall maintain an office in Youngstown 118
and keep all of its permanent records there. 119
Sec. 3773.34. (A) The Ohio athletic commission shall 128
adopt and may amend or rescind rules in accordance with Chapter 129
119. of the Revised Code, prescribing the conditions under which 130
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prize fights and public boxing or wrestling matches or 131
exhibitions may be conducted, classifying professional boxers by 133
weight, and providing for the administration of sections 3773.31 134
to 3773.57 of the Revised Code. The rules may require that an 135
applicant for a contestant's license to participate in a public 136
boxing match or exhibition take an HIV test, as defined in 137
section 3701.24 of the Revised Code, before being issued the 138
contestant's license and may require that a licensed contestant 139
take such an HIV test before participating in a public boxing 140
match or exhibition. The commission may issue, deny, suspend, or 141
revoke permits to hold prize fights and public boxing or 142
wrestling matches or exhibitions, and may issue, deny, suspend, 144
or revoke licenses to persons engaged in any public boxing match 145
or exhibition as authorized by sections 3773.31 to 3773.57 of the 146
Revised Code.
(B) IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER, 148
THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO 149
CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE 150
GOVERNING ATHLETE AGENTS.
(C) On or before the thirty-first day of December of each 152
year, the commission shall make a report to the governor of its 153
proceedings for the year ending on the first day of December of 154
that calendar year, and may include in the report any 155
recommendations pertaining to its duties. 156
Sec. 4771.01. As used in sections 4771.01 to 4771.06 of 165
the Revised Code THIS CHAPTER: 166
(A) "Agent contract" means any contract or agreement 168
pursuant to which a student AN athlete authorizes or empowers or 169
agrees to authorize or empower at some later date a person AN 170
ATHLETE AGENT to negotiate or solicit DO any professional sport 172
services contract on behalf of the athlete. If a student athlete 174
also engages in a nonintercollegiate sporting event, contest, 175
exhibition, or program, "agent contract" does not include any 176
contract or agreement described in this division if the athlete 177
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agent negotiates or solicits any professional sport services 178
contract on behalf of the athlete in the nonintercollegiate sport 179
that he engages in FOLLOWING: 180
(1) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 182
ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE 183
EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM; 184
(2) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 186
ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL 187
ATHLETE;
(3) MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR 189
AN ATHLETE'S REPUTATION. 190
(B) "Athlete agent" means any person who offers an agent 192
contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR 193
SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a 194
student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO 195
FOR A FEE, PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN 196
EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS 197
A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN 198
ATHLETE OR AN ATHLETE'S REPUTATION. Athlete agent does not 199
include either of the following:
(1) A member of a student athlete's immediate family 202
PARENT OR LEGAL GUARDIAN WHO ENGAGES IN THE ACTIVITIES OF AN 203
ATHLETE AGENT ON BEHALF OF THE PERSON'S CHILD OR WARD;
(2) An attorney from whom a student AN athlete seeks legal 205
advice concerning a proposed professional sport services contract 206
if the attorney does not represent the student athlete in 207
negotiating or soliciting the contract. 208
(C) "Immediate family ATHLETE" means an individual's 210
spouse, child, parent, stepparent, grandparent, grandchild, 211
brother, sister, parent-in-law, brother-in-law, sister-in-law, 212
nephew, niece, aunt, uncle, first cousin, or the spouse or 213
guardian of any of the individuals described in this division 214
EITHER OF THE FOLLOWING: 215
(1) A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR 217
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INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES, 218
OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC 219
SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE 220
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(2) A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA: 222
(a) RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN 224
AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL 225
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF 226
THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR 227
ATHLETIC PROGRAM;
(b) DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO 229
PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN 230
WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 231
EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN 232
THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.
(D) "Institution of higher education" means a state 234
university or college or a private nonprofit college or 235
university located in this state that possesses a certificate of 236
authorization issued by the Ohio board of regents pursuant to 237
Chapter 1713. of the Revised Code. 238
(E) "Professional sport SPORTS services contract" means 240
any contract or agreement pursuant to which an individual ATHLETE 241
is employed or agrees to render services as a player on a 243
professional sport team or as a professional athlete OR OTHERWISE 244
PROVIDES FOR THE PRESENT OR FUTURE MARKETING OF AN ATHLETE OR 245
ATHLETE'S REPUTATION.
(F) "State university or college" includes the state 247
universities listed in section 3345.011 of the Revised Code, 248
community colleges created pursuant to Chapter 3354. of the 249
Revised Code, university branches created pursuant to Chapter 250
3355. of the Revised Code, technical colleges created pursuant to 251
Chapter 3357. of the Revised Code, and state community colleges 252
created pursuant to Chapter 3358. of the Revised Code. 253
(G) "Student athlete" means any individual who is enrolled 255
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as a student at an institution of higher education in this state 256
and engages in any intercollegiate sporting event, contest, 257
exhibition, or program "PLAYER ASSOCIATION" AND "PLAYER 258
ORGANIZATION" MEAN ANY ASSOCIATION OR ORGANIZATION THAT 259
REPRESENTS PROFESSIONAL ATHLETES IN COLLECTIVELY BARGAINING WITH 260
THE MANAGEMENT OR OWNERSHIP OF A PROFESSIONAL SPORTS TEAM OR 261
ORGANIZATION.
(H) "RESIDENT" MEANS AN INDIVIDUAL WHO IS A LEGAL RESIDENT 263
OF THIS STATE OR AN INDIVIDUAL ENROLLED IN AN EDUCATIONAL 264
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION LOCATED IN THIS 265
STATE.
(I) "EDUCATIONAL INSTITUTION" MEANS ANY INSTITUTION 267
LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT PROVIDES 268
ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS PRIMARY 269
FUNCTION.
Sec. 4771.02. (A) No athlete agent shall enter into an 278
agent contract with a student AN athlete unless the agent 280
complies with both ALL of the following AGENT CONTRACT 281
REQUIREMENTS:
(A)(1) The agent contract is in writing ON A FORM APPROVED 283
BY THE OHIO ATHLETIC COMMISSION and includes all agreements 284
between the parties; 286
(B) Not less than fourteen days before entering into an 288
agent contract with a student athlete, the athlete agent files a 290
copy of the proposed contract with the official who is 291
responsible for the supervision of the particular sport program 292
at the institution of higher education at which the student
athlete who is a participant in the program is enrolled. 293
(2) THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT 295
TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING 296
LANGUAGE: 297
"THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO 300
SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.
REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE 302
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REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE 304
TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE 305
ATHLETE AGENT."
(3) THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE 307
VERBATIM IN BOLD FACE, TWELVE POINT TYPE, NEAR THE SPACE PROVIDED 308
FOR AN ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE 309
TERMS OF THE CONTRACT: 310
"WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 312
CONTRACT YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN 313
ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS. ACCORDINGLY YOU MUST 314
GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO 315
THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 316
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 317
WHICH YOU ARE ENROLLED OR TO WHICH YOU HAVE FORMALLY ACKNOWLEDGED 319
YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF PARTICIPATING IN OR
PRACTICING FOR AN OFFICIALLY SANCTIONED ATHLETIC COMPETITION OR 321
INTERCOLLEGIATE ATHLETIC EVENT, OR SEVENTY-TWO HOURS AFTER 322
ENTERING INTO THIS CONTRACT.
DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED 325
IN ANY BLANK SPACES. UNDER OHIO LAW, AS A STUDENT ATHLETE
SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO RESCIND THIS 326
CONTRACT FOR A PERIOD UP TO TEN DAYS AFTER THE LATEST OF THE 327
FOLLOWING OCCURRENCES: 328
(a) THE DATE THE CONTRACT IS SIGNED; 330
(b) THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR 332
POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 334
EDUCATION IN WHICH YOU ARE ENROLLED OR HAVE ACKNOWLEDGED PLANS TO 335
ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR
(c) THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY 337
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 339
IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC
DIRECTOR OR PERSON OF SIMILAR POSITION. 340
DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL 342
INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE 344
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ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF 345
HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO
PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS. IF YOU SIGN 346
THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC 347
COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN 349
AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR
ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU 350
PARTICIPATED AFTER SIGNING. SUCH ACTION ALSO MAY CAUSE YOUR 351
ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY." 353
(4) THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO 356
PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC 358
DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE 359
ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE 360
NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED 362
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER 363
ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING 365
THAT AGENT CONTRACT.
(5) ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT 367
CONTRACT COMPLY WITH STATE AND FEDERAL LAW. 368
(B) A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE 371
RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY 372
ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE 373
FOLLOWING APPLY:
(1) THE PROVISION IS CONTAINED IN AN AGENT CONTRACT 375
BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE 376
AGENT UNDERTAKES TO SECURE EMPLOYMENT. 377
(2) THE PROVISION IS INCLUDED IN THE AGENT CONTRACT 379
PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR 380
UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS 382
WITH ATHLETE AGENTS.
(C) AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT 384
CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT 385
TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 387
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EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 388
WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME 389
THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 391
AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER 393
ENTERING THAT AGENT CONTRACT.
Sec. 4771.04. Any agent contract entered into in violation 402
of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER 404
shall be void and unenforceable. 405
AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT 407
CONTRACT ENTERED WITH AN ATHLETE WHO IS ENROLLED IN AN 408
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION 409
LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW. 410
Sec. 4771.05. (A) THE OHIO ATHLETIC COMMISSION, 413
ESTABLISHED UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO 414
ALL OF THE FOLLOWING:
(1) REVIEW THE QUALIFICATIONS OF AN APPLICANT FOR 416
REGISTRATION AS AN ATHLETE AGENT; 417
(2) ISSUE AND RENEW BIENNIAL REGISTRATIONS FOR AN ATHLETE 419
AGENT PURSUANT TO THIS CHAPTER; 420
(3) MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN 423
THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL 424
ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION; 425
(4) APPOINT AN EXECUTIVE DIRECTOR WHO SHALL SERVE AT THE 428
COMMISSION'S PLEASURE AND ASSIST THE COMMISSION IN CARRYING OUT 429
THE PURPOSES OF THIS CHAPTER;
(5) ESTABLISH A REGISTRATION FORM TO BE COMPLETED BY AN 431
INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT; 432
(6) ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF 435
THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN 436
AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST 437
OF ADMINISTERING AND ENFORCING THIS CHAPTER;
(7) DEVELOP OR APPROVE FORMS TO BE USED AS AGENT 440
CONTRACTS;
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(8) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 443
REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER. 444
(B) THE COMMISSION SHALL RECEIVE AND REVIEW APPLICATIONS 447
FOR THE REGISTRATION OF ATHLETE AGENTS. UPON RECEIPT OF AN 448
APPLICATION FOR REGISTRATION THE COMMISSION SHALL EVALUATE THE 449
INFORMATION PROVIDED AND THE EDUCATION, TRAINING, EXPERIENCE, AND 450
CHARACTER OF THE APPLICANT. THE COMMISSION MAY EXAMINE THE 451
LOCATION NAMED AS THE PRINCIPAL PLACE OF BUSINESS AT WHICH THE 452
APPLICANT PROPOSES TO CONDUCT BUSINESS AS AN ATHLETE AGENT. THE 453
COMMISSION MAY ISSUE A CERTIFICATE OF REGISTRATION TO ANY 454
APPLICANT IT FINDS QUALIFIED TO SERVE AS AN ATHLETE AGENT AND WHO 455
MEETS THE REQUIREMENTS OF THIS CHAPTER AND RULES ADOPTED UNDER 456
IT.
(C) THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF 459
REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER 460
THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT 461
WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A 462
PERSON WHO SUBSTANTIALLY COMPLIES WITH THE REQUIREMENTS OF THIS 464
CHAPTER FOR REGISTRATION AS AN ATHLETE AGENT. 465
(D) THE COMMISSION MAY REQUIRE EACH REGISTERED ATHLETE 468
AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING EDUCATION 469
DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE DETERMINED OR 470
APPROVED BY THE COMMISSION. IF THE COMMISSION IMPOSES CONTINUING 471
EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT LESS THAN TWO OF 472
THE SIX HOURS OF CONTINUING EDUCATION SHALL BE DEVOTED TO ETHICS. 473
A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF 476
AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND 477
LEGAL MANNER. A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS 478
AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES 479
ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC 480
ORGANIZATION. AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR 481
CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES, 482
COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR RULE 483
MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE COMMISSION, OR 484
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BY TEACHING A SUBJECT THAT PERTAINS TO THE PROFESSION OF AN 485
ATHLETE AGENT. THE COMMISSION MAY ADOPT RULES TO CARRY OUT THE 486
PURPOSES OF THIS DIVISION.
Sec. 4771.06. NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN 488
THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID 489
CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER 491
SECTION 4771.07 OF THE REVISED CODE, A TEMPORARY CERTIFICATE 493
ISSUED UNDER SECTION 4771.05 OF THE REVISED CODE, OR A TEMPORARY 496
CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.17 OF THE 498
REVISED CODE. 499
Sec. 4771.07. (A) EACH INDIVIDUAL WHO DESIRES TO SERVE AS 502
AN ATHLETE AGENT WITHIN THIS STATE, SHALL FIRST FILE AN 503
APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION. 504
THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE 505
COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION: 506
(1) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT; 509
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 511
APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT; 512
(3) THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD 514
BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING 515
APPLICATION;
(4) THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED 517
IN ACCORDANCE WITH THIS CHAPTER AND RULES ADOPTED BY THE 518
COMMISSION; 519
(5) ALL OTHER BIOGRAPHICAL INFORMATION DEEMED NECESSARY BY 521
THE COMMISSION; 522
(6) THE NAMES AND ADDRESS OF ALL PERSONS WHO HAVE A 525
FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR 526
WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF 527
ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED 528
EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY 529
AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT. 530
(B) THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 532
REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING 534
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ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE 535
APPLICANT IN ANY OF THE FOLLOWING AREAS:
(1) CONTRACTS; 537
(2) CONTRACT NEGOTIATIONS; 539
(3) COMPLAINT RESOLUTION; 541
(4) ARBITRATION; 543
(5) DISPUTE RESOLUTION. 545
AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL 548
SUBMIT WITH THE APPLICATION, A CERTIFICATE OF GOOD STANDING 549
ISSUED BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR 550
CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION. THE 551
COMMISSION MAY CONSIDER ANY OTHER RELEVANT TRAINING, EDUCATION, 552
OR EXPERIENCE OF AN APPLICANT IN EVALUATING THE APPLICANT'S 553
QUALIFICATIONS TO SERVE AS AN ATHLETE AGENT AND OBTAIN 554
REGISTRATION UNDER THIS CHAPTER.
(C) AN APPLICANT SHALL SUBMIT TO THE COMMISSION AN 557
APPLICATION FEE IN AN AMOUNT DETERMINED BY THE COMMISSION 558
PURSUANT TO DIVISION (A)(6) OF SECTION 4771.05 OF THE REVISED 559
CODE.
(D) AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY 562
CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF 563
APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE 564
REGISTRATION OF THE ATHLETE AGENT IS VALID. 565
(E) THE REGISTRATION OF AN ATHLETE AGENT WITH THE 568
COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE 569
CERTIFICATE OF REGISTRATION IS ISSUED. AN ATHLETE AGENT SHALL 570
FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE 571
COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE 573
REGISTRATION OF THE ATHLETE AGENT. AN APPLICATION FOR RENEWAL 574
SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY 575
THE COMMISSION.
(F) THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN 578
ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION. 579
Sec. 4771.08. (A) EACH CERTIFICATE OF REGISTRATION ISSUED 582
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BY THE OHIO ATHLETIC COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN 583
ALL THE FOLLOWING INFORMATION: 584
(1) THE NAME OF THE ATHLETE AGENT; 586
(2) THE ADDRESS OF A LOCATION IN WHICH THE ATHLETE AGENT 589
IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE AGENT;
(3) A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE 591
DATE OF ISSUANCE OF THE REGISTRATION. 592
(B) NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS 595
VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT 596
IS ISSUED. NO REGISTRATION OR CERTIFICATE OF REGISTRATION OF AN 597
ATHLETE AGENT SHALL BE VALID FOR ANY BUSINESS LOCATION OTHER THAN 598
A LOCATION DESIGNATED IN THE CERTIFICATE OF REGISTRATION. 599
Sec. 4771.09. (A) THE OHIO ATHLETIC COMMISSION MAY REFUSE 602
TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A 604
REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE 605
COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR 606
REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE 607
FOLLOWING:
(1) MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL 609
NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT; 611
(2) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN 613
CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS 615
OR ANOTHER STATE;
(3) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 617
INVOLVING ILLEGAL GAMBLING; 618
(4) ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE 621
IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE 622
TO SERVE IN A FIDUCIARY CAPACITY; 623
(5) MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC 625
CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A 627
FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING 628
GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD; 629
(6) VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED 632
UNDER THIS CHAPTER.
15
(B) UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS 635
CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT 636
AN INVESTIGATION OF THE COMPLAINT. IF THE COMMISSION FINDS 637
REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION 638
SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 640
REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED. IF THE 642
COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND 643
OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN 644
ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS 645
APPROPRIATE. 646
UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION 648
FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE 649
COMMISSION SHALL CERTIFY WITHOUT A HEARING, THAT NO VIOLATION 650
OCCURRED. THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL 651
PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, WITH RETURN 653
RECEIPT REQUESTED. THE CERTIFICATION SHALL BE CONSIDERED A FINAL 654
RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS 655
FILED. A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION 656
TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER 657
THE DATE THE CERTIFICATION IS MAILED. IF A PARTY FILES AN 658
OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE 659
COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN 660
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF 663
A VIOLATION OCCURRED. 664
Sec. 4771.10. (A) PRIOR TO ISSUING A CERTIFICATE OF 666
REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN 667
ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES: 669
(1) A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND 673
DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY 674
PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 675
ADOPTED UNDER THIS CHAPTER;
(2) A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS 677
ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY 678
PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 679
16
ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND 681
DOLLARS;
(3) CERTIFICATION FROM AN INSURANCE CARRIER INDICATING 683
THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE 684
INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND 685
DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION. 686
AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, 688
CERTIFICATE OF DEPOSIT, ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL 689
MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY THE COMMISSION. 691
(B) THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF 694
THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED 696
WITH THE COMMISSION BY AN ATHLETE AGENT. THE COMMISSION SHALL 697
HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S 698
COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE 699
PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES, 700
EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND 701
THE PAYMENT OF ALL DAMAGES DUE AS THE RESULT OF A MISSTATEMENT, 702
MISREPRESENTATION, FRAUDULENT ACT, DECEIT, OR UNLAWFUL OR 703
NEGLIGENT ACT OR OMISSION BY AN ATHLETE AGENT IN THE COURSE OF 704
SERVING AS AN ATHLETE AGENT, OR BY A REPRESENTATIVE OR EMPLOYEE 705
OF AN ATHLETE AGENT WHEN THE REPRESENTATIVE OR EMPLOYEE ACTED 706
WITHIN THE SCOPE OF THE REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY. 708
THE COMMISSION MAY USE FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT 710
TO PAY DEBTS OWED BY AN ATHLETE AGENT AS DESCRIBED IN THIS 711
DIVISION PURSUANT TO A COURT OR ADMINISTRATIVE ORDER SPECIFYING 712
THE OBLIGATION OF THE ATHLETE AGENT. 713
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 716
THE LIABILITY OF AN ATHLETE AGENT TO THE AMOUNT OF THE SURETY 717
BOND, MALPRACTICE COVERAGE, OR OTHER SECURITY HELD ON DEPOSIT BY 718
THE COMMISSION.
(D) AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED 720
UNDER THIS SECTION. IF AN ATHLETE AGENT FAILS TO MAINTAIN THE 722
SECURITY AS REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL 724
SUSPEND THE REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE 725
17
AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT, 726
ASSIGNED SAVINGS ACCOUNT, OR PROOF OF MALPRACTICE INSURANCE, AS 728
REQUIRED UNDER THIS SECTION.
(E) THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER 730
FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE 731
ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER 732
THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE. 733
Sec. 4771.11. (A) AN ATHLETE AGENT SHALL MAINTAIN ALL OF 736
THE FOLLOWING RECORDS:
(1) THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE 738
ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE 739
FOR COMPENSATION; 740
(2) THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE 742
PERFORMANCE OF SERVICES FOR EACH ATHLETE; 743
(3) A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE 745
ATHLETE AGENT AND EACH ATHLETE; 746
(4) ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION 748
FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY 750
AN ATHLETE AGENT. 751
(B) AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED 754
TO BE MAINTAINED PURSUANT TO THIS SECTION IN A MANNER, WHICH THE 755
COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS. 756
(C) NO ATHLETE AGENT OR AN EMPLOYEE OR REPRESENTATIVE OF 759
AN ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE 760
RECORDS OR RECORDS CONTAINING FALSE INFORMATION. 761
(D) ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND ALL OTHER 764
RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE 765
REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN 766
TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON 767
REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION. 768
Sec. 4771.12. (A) FEES CHARGED BY AN ATHLETE AGENT FOR 771
SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE 772
PARTIES.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 774
18
SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST BEARING 776
TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE 777
OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL 778
REVENUES RECEIVED ON BEHALF OF AN ATHLETE. AN ATHLETE AGENT 779
SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE 780
INTEREST BEARING TRUST FUND OR ACCOUNT. THE ATHLETE AGENT SHALL 781
NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST 782
FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED. 783
(2) AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO 785
PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON 786
BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE 787
AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE 788
DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS. 789
(C) NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON 792
OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT. IF AN ATHLETE AGENT 793
SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN 794
WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE 795
AGREEMENT WITH THE ATHLETE. NO ATHLETE AGENT SHALL ENTER FEE 796
AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER. 797
(D) IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN 800
ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE 801
ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT, 802
THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR 803
EXPENSE:
(1) THE COST OF REASONABLE EXPENSES INCURRED BY THE 805
ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN 806
EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE; 807
(2) A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE 809
THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A 811
PROFESSIONAL SPORTS SERVICES CONTRACT.
(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 814
THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE 815
FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW. 816
Sec. 4771.13. (A) NO ATHLETE AGENT SHALL ACT ON BEHALF OF 819
19
AN ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN 820
SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT 822
COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE. 826
(B) AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE 829
OHIO ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT 830
HAS IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE 831
ATHLETE CONCERNING INVESTMENTS. AN ATHLETE AGENT SHALL DISCLOSE 832
ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT 833
OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO 834
INVESTMENT ADVICE FROM THE ATHLETE AGENT. 835
Sec. 4771.14. NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO 838
BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,
ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE, 839
FRAUDULENT, OR MISLEADING. ALL ADVERTISEMENTS OF AN ATHLETE 840
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF 841
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS 842
REGISTERED WITH THE OHIO ATHLETIC COMMISSION. 843
AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES 846
CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER 847
ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN 848
CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT. 849
Sec. 4771.15. NO ATHLETE AGENT SHALL DO ANY OF THE 851
FOLLOWING: 852
(A) PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR 855
REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE; 856
(B) ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR 859
DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN 860
ATHLETE AGENT;
(C) COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE 863
AGENT'S OWN MONEY OR PROPERTY;
(D) OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE 866
AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE 867
ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE; 868
(E) ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR 871
20
MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN 872
FINANCIAL HARM TO AN ATHLETE OR AN INSTITUTION OF HIGHER 873
EDUCATION;
(F) VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR 876
COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE 877
INSTITUTION OF HIGHER EDUCATION IN WHICH AN ATHLETE IS ENROLLED 878
WHEN THE VIOLATION MAY IMPACT THE ELIGIBILITY OF THE ATHLETE TO 880
PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZE THE
INSTITUTION OF HIGHER EDUCATION; 881
(G) AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES 884
OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION 885
GOVERNING AN ATHLETE OR THE INSTITUTION OF HIGHER EDUCATION IN 886
WHICH THE ATHLETE IS ENROLLED, WHEN THE VIOLATION RESULTS IN THE 887
INELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC 889
COMPETITION OR OTHERWISE PENALIZES THE INSTITUTION OF HIGHER
EDUCATION; 890
(H) MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED 893
UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF 894
ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION; 895
(I) POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES 898
CONTRACT;
(J) LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR 901
FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR 902
SOLICITATION OF THE ATHLETE; 903
(K) PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER 906
SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN 907
CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE; 908
(L) PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR 910
MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE 911
AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE 912
AGENT. 913
Sec. 4771.16. AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING 916
CONDUCT:
(A) PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE 919
21
ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE 920
MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR 921
PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR 923
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 924
OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE 926
PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS; 927
(B) CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT 930
WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES 931
NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL 932
INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE 934
ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO
WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO 936
PARTICIPATE IN INTERCOLLEGIATE ATHLETICS; 937
(C) PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN 940
INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS 941
COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION. 942
Sec. 4771.17. (A) THE OHIO ATHLETIC COMMISSION MAY ISSUE 945
AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT 946
BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS 947
DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE 948
JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE COMMISSION 949
MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING 950
APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST 951
WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES 952
THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS 953
OF THE ATHLETE AGENT. 954
(B) THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A 957
CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN 958
ATHLETE AGENT:
(1) THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE 960
DECEASED ATHLETE AGENT; 961
(2) THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS 963
BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE 964
22
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY 965
INFIRM. 966
(C) A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS 968
AFTER THE DATE IT IS ISSUED. IF THE HOLDER OF A CERTIFICATE OF 969
CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE 970
COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD 971
OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S 973
DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS 974
AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE. 975
Sec. 4771.18. A PERSON WHO IS INJURED BY A VIOLATION OF 978
THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE 979
RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION 980
OVER THE MATTER. THE PLAINTIFF ALSO MAY NAME THE SURETY, THE 981
NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER 982
THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN 983
ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION. THIS CAUSE OF 984
ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS 985
PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW. THE AMOUNT OF 986
DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND, 987
SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT, 988
DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS 989
BROUGHT.
Sec. 4771.19. (A) AN INSTITUTION OF HIGHER EDUCATION MAY 992
BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO KNOWINGLY 993
VIOLATES THIS CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR 994
EXEMPLARY DAMAGES, AND EQUITABLE RELIEF AS THE COURT FINDS 995
APPROPRIATE. A COURT MAY GRANT EQUITABLE RELIEF TO A PLAINTIFF 996
UNDER THIS SECTION TO PREVENT HARM THAT COULD RESULT FROM THE 997
ACTS OR OMISSIONS OF AN ATHLETE OR ATHLETE AGENT IF THE COURT 999
FINDS A REASONABLE LIKELIHOOD THAT A VIOLATION OCCURRED. 1,000
(B) FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER 1,003
EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN 1,004
ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR: 1,005
(1) THE INSTITUTION OR AN ATHLETE ENROLLED AT THE 1,007
23
INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN 1,009
INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES 1,010
OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE 1,011
ATHLETIC CONFERENCE.
(2) AS A RESULT OF THE PENALTY OR DECLARATION OF 1,013
INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES 1,014
ANY OF THE FOLLOWING: 1,015
(a) A LOSS OF THE ABILITY TO GRANT AN ATHLETIC 1,017
SCHOLARSHIP;
(b) A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE; 1,019
(c) A LOSS OF ELIGIBILITY TO PARTICIPATE IN 1,021
INTERCOLLEGIATE COMPETITION; 1,022
(d) A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON 1,024
ATHLETIC COMPETITION; 1,025
(e) A FORFEITURE OF ANY ATHLETIC CONTEST; 1,027
(f) AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED 1,029
TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR 1,030
LOST TICKET SALES. 1,031
(C) AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN 1,034
ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND 1,035
PUNITIVE OR EXEMPLARY DAMAGES. A COURT ALSO MAY AWARD COURT 1,037
COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 1,038
Sec. 4771.20. ANY PERSON WHO CONDUCTS BUSINESS IN THIS 1,040
STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE 1,042
COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS 1,043
AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION. 1,044
IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND 1,046
THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR 1,048
TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS 1,050
CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE 1,051
OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES 1,053
OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING 1,054
INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT 1,055
ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT 1,056
24
WITHIN THIS STATE. THIS APPOINTMENT IS IRREVOCABLE. 1,057
THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE 1,059
PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY. THE 1,061
PROCESS SHALL BE SERVED AS FOLLOWS:
(A) UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND 1,063
A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE 1,065
SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY 1,066
OF THE PROCESS; AND 1,067
(B) BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST 1,069
KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE 1,071
AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE
PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE. THE 1,073
REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED 1,074
TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS. 1,075
Sec. 4771.99. (A) Whoever violates section 4771.02 1,084
4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.15 of the Revised 1,086
Code is guilty of a misdemeanor of the first degree. 1,087
(B) AN ATHLETE AGENT WHO VIOLATES DIVISION (D) OF SECTION 1,090
4771.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE.
Section 2. That existing sections 3773.33, 3773.34, 1,092
4771.01, 4771.02, 4771.04, and 4771.99 and sections 4771.05 and 1,093
4771.06 of the Revised Code are hereby repealed. 1,094
Section 3. Notwithstanding section 3773.33 of the Revised 1,096
Code, as amended by this act, the member of the Ohio Athletic 1,097
Commission who is knowledgeable and experienced in college 1,098
athletics shall be appointed to serve a three-year term beginning 1,099
upon the expiration of the term of the member of the Commission 1,100
whose term expires on the earliest date after the effective date 1,101
of this act. The member who is knowledgeable and experienced in 1,102
high school athletics shall be appointed to serve a three-year 1,103
term beginning on the expiration of the term of the member of the 1,105
Commission whose term expires second in time after the effective 1,106
date of this act. Thereafter, members shall be appointed to and 1,107
25
serve on the Commission in accordance with section 3773.33 of the 1,108
Revised Code.
Section 4. Sections 1, 2, and 3 of this act shall take 1,110
effect January 1, 2000.