As Reported by House Commerce and Labor Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 107 5
1999-2000 6
REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI- 8
TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN 9
_________________________________________________________________ 10
A B I L L
To amend sections 3773.33, 3773.34, 3773.56, 12
4771.01, 4771.02, 4771.04, and 4771.99, to enact 13
new sections 4771.05 and 4771.06 and sections 14
4771.07 to 4771.21, and to repeal sections 15
4771.05 and 4771.06 of the Revised Code to 16
establish a system for the registration and
regulation of athlete agents. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 3773.33, 3773.34, 3773.56, 23
4771.01, 4771.02, 4771.04, and 4771.99 be amended and new 24
sections 4771.05 and 4771.06 and sections 4771.07, 4771.08, 25
4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.15, 26
4771.16, 4771.17, 4771.18, 4771.19, 4771.20, and 4771.21 of the 27
Revised Code be enacted to 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
TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST ONE 51
VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH
SCHOOL ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND 52
EXPERIENCED IN PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING 53
MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE 55
ATHLETICS. One commission member shall hold the degree of doctor 57
of medicine or doctor of osteopathy.
(B) No person shall be appointed to the commission or be 59
an employee of the commission who is licensed, REGISTERED, or 60
regulated by the commission. No member shall have any legal or 62
beneficial interest, direct or indirect, pecuniary or otherwise, 63
in any person who is licensed, REGISTERED, or regulated by the 64
commission or who participates in prize fights or public boxing 65
or wrestling matches or exhibitions. No member shall participate 67
in any fight, match, or exhibition other than in the member's 68
official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code. 69
(C) The governor shall appoint the voting members to the 71
commission. Of the initial appointments, two shall be for terms 72
ending one year after the effective date of this section 73
SEPTEMBER 3, 1996, two shall be for terms ending two years after 74
the effective date of this section SEPTEMBER 3, 1996, and one 76
shall be for a term ending three years after the effective date 77
of this section SEPTEMBER 3, 1996. Thereafter, terms of office 78
shall be for three years, each term ending the same day of the 79
same month of the year as did the term which it succeeds. Each 80
member shall hold office from the date of the member's 81
appointment until the end of the term for which the member was 82
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's 83
predecessor was appointed shall hold office for the remainder of 84
the term. Any member shall continue in office subsequent to the 86
expiration date of the member's term until the member's successor 87
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takes office, or until a period of sixty days has elapsed, 88
whichever occurs first. 89
The governor shall name one voting member as chairperson of 91
the commission at the time of making the appointment of any 92
member for a full term. Three voting members shall constitute a 93
quorum, and the affirmative vote of three voting members shall be 94
necessary for any action taken by the commission. No vacancy on 95
the commission impairs the authority of the remaining members to
exercise all powers of the commission. 96
Voting members, when engaged in commission duties, shall 98
receive a per diem compensation determined in accordance with 99
division (J) of section 124.15 of the Revised Code, and all 100
members shall receive their actual and necessary expenses 101
incurred in the performance of their official duties. 102
Each voting member, before entering upon the discharge of 104
the member's duties, shall file a surety bond payable to the 105
treasurer of state in the sum of ten thousand dollars. Each 106
surety bond shall be conditioned upon the faithful performance of 107
the duties of the office, executed by a surety company authorized 108
to transact business in this state, and filed in the office of 109
the secretary of state. 110
The governor may remove any voting member for malfeasance, 112
misfeasance, or nonfeasance in office after giving the member a 113
copy of the charges against the member and affording the member 114
an opportunity for a public hearing, at which the member may be 115
represented by counsel, upon not less than ten days' notice. If 116
the member is removed, the governor shall file a complete 117
statement of all charges made against the member and the 118
governor's finding thereon in the office of the secretary of 119
state, together with a complete report of the proceedings. The 120
governor's decision shall be final. 121
(D) The commission shall maintain an office in Youngstown 123
and keep all of its permanent records there. 124
Sec. 3773.34. (A) The Ohio athletic commission shall 133
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adopt and may amend or rescind rules in accordance with Chapter 134
119. of the Revised Code, prescribing the conditions under which 135
prize fights and public boxing or wrestling matches or 136
exhibitions may be conducted, classifying professional boxers by 138
weight, and providing for the administration of sections 3773.31 139
to 3773.57 of the Revised Code. The rules may require that an 140
applicant for a contestant's license to participate in a public 141
boxing match or exhibition take an HIV test, as defined in 142
section 3701.24 of the Revised Code, before being issued the 143
contestant's license and may require that a licensed contestant 144
take such an HIV test before participating in a public boxing 145
match or exhibition. The commission may issue, deny, suspend, or 146
revoke permits to hold prize fights and public boxing or 147
wrestling matches or exhibitions, and may issue, deny, suspend, 149
or revoke licenses to persons engaged in any public boxing match 150
or exhibition as authorized by sections 3773.31 to 3773.57 of the 151
Revised Code.
(B) IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER, 153
THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO 154
CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE 155
GOVERNING ATHLETE AGENTS.
(C) On or before the thirty-first day of December of each 157
year, the commission shall make a report to the governor of its 158
proceedings for the year ending on the first day of December of 159
that calendar year, and may include in the report any 160
recommendations pertaining to its duties. 161
Sec. 3773.56. The Ohio athletic commission may appoint an 171
executive director and employ such persons as are necessary to 172
administer sections 3773.31 to 3773.57 AND CHAPTER 4771. of the 173
Revised Code and fix their compensation. Such executive director 174
and employees shall serve in the unclassified status and at the 176
pleasure of the commission.
All receipts received by the commission under sections 178
3773.31 to 3773.57 AND CHAPTER 4771. of the Revised Code shall be 180
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deposited in the occupational licensing and regulatory fund. All 181
vouchers of the commission shall be approved by the chairperson 182
of the commission. 183
Sec. 4771.01. As used in sections 4771.01 to 4771.06 of 192
the Revised Code THIS CHAPTER: 193
(A) "Agent contract" means any contract or agreement 195
pursuant to which a student AN athlete authorizes or empowers or 196
agrees to authorize or empower at some later date a person AN 197
ATHLETE AGENT to negotiate or solicit DO any professional sport 199
services contract on behalf of the athlete. If a student athlete 201
also engages in a nonintercollegiate sporting event, contest, 202
exhibition, or program, "agent contract" does not include any 203
contract or agreement described in this division if the athlete 204
agent negotiates or solicits any professional sport services 205
contract on behalf of the athlete in the nonintercollegiate sport 206
that he engages in FOLLOWING: 207
(1) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 209
ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE 210
EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM; 211
(2) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 213
ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL 214
ATHLETE;
(3) MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR 216
AN ATHLETE'S REPUTATION. 217
(B) "Athlete agent" means any person who offers an agent 219
contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR 220
SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a 221
student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO 222
FOR A FEE PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN 223
EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS 224
A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN 225
ATHLETE OR AN ATHLETE'S REPUTATION. Athlete agent does not 226
include either of the following:
(1) A member of a student athlete's immediate family; 229
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(2) An attorney from whom a student AN athlete seeks legal 231
advice concerning a proposed professional sport SPORTS services 232
contract if the attorney does not represent the student athlete 234
in negotiating or soliciting the contract. 235
(C) "Immediate family" means an individual's spouse, 237
child, parent, stepparent, grandparent, grandchild, brother, 238
sister, parent-in-law, brother-in-law, sister-in-law, nephew, 239
niece, aunt, uncle, first cousin, or the spouse or guardian of 240
any of the individuals described in this division. 241
(D) "ATHLETE" MEANS EITHER OF THE FOLLOWING: 244
(1) A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR 246
INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES, 247
OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC 248
SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE 249
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(2) A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA: 251
(a) RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN 253
AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL 254
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF 255
THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR 256
ATHLETIC PROGRAM;
(b) DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO 258
PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN 259
WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 260
EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN 261
THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.
(D)(E) "Institution of higher education" means a state 263
university or college or a private nonprofit college or 264
university located in this state that possesses a certificate of 265
authorization issued by the Ohio board of regents pursuant to 266
Chapter 1713. of the Revised Code. 267
(E)(F) "Professional sport SPORTS services contract" means 270
any EITHER OF THE FOLLOWING: 271
(1) ANY contract or agreement pursuant to which an 274
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individual ATHLETE is employed or agrees to render services as a 276
player on a professional sport SPORTS team or as a professional 278
athlete;
(2) ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE 280
PRESENT OR FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S 281
REPUTATION.
(F)(G) "State university or college" includes the state 283
universities listed in section 3345.011 of the Revised Code, 284
community colleges created pursuant to Chapter 3354. of the 285
Revised Code, university branches created pursuant to Chapter 286
3355. of the Revised Code, technical colleges created pursuant to 287
Chapter 3357. of the Revised Code, and state community colleges 288
created pursuant to Chapter 3358. of the Revised Code. 289
(G) "Student athlete" means any individual who is enrolled 291
as a student at an institution of higher education in this state 292
and engages in any intercollegiate sporting event, contest, 293
exhibition, or program (H) "EDUCATIONAL INSTITUTION" MEANS ANY 295
INSTITUTION LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT 297
PROVIDES ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS 298
PRIMARY FUNCTION.
Sec. 4771.02. (A) No athlete agent shall enter into an 307
agent contract with a student AN athlete unless the agent 309
complies with both ALL of the following AGENT CONTRACT 310
REQUIREMENTS:
(A)(1) The agent contract is in writing ON A FORM APPROVED 312
BY THE OHIO ATHLETIC COMMISSION and includes all agreements 313
between the parties; 315
(B) Not less than fourteen days before entering into an 317
agent contract with a student athlete, the athlete agent files a 319
copy of the proposed contract with the official who is 320
responsible for the supervision of the particular sport program 321
at the institution of higher education at which the student
athlete who is a participant in the program is enrolled. 322
(2) THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT 324
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TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING 325
LANGUAGE: 326
"THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO 329
SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.
REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE 331
REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE 333
TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE 334
ATHLETE AGENT."
(3) THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN 336
BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN 337
ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS 338
OF THE CONTRACT: 339
"WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 341
CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN 342
ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS. ACCORDINGLY, YOU MUST 343
GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO 344
THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 345
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 346
WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY 347
ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF 348
PARTICIPATING IN OR PRACTICING FOR AN OFFICIALLY SANCTIONED 350
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT, OR 351
SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.
DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED 354
IN ANY BLANK SPACES. UNDER OHIO LAW, AS A STUDENT ATHLETE
SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO RESCIND THIS 355
CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE 356
FOLLOWING OCCURRENCES: 357
(a) THE DATE THE CONTRACT IS SIGNED; 359
(b) THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR 361
POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 363
EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED PLANS 364
TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR
(c) THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY 366
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SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 368
IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC
DIRECTOR OR PERSON OF SIMILAR POSITION. 369
DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL 371
INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE 373
ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF 374
HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO
PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS. IF YOU SIGN 375
THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC 376
COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN 378
AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR
ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU 379
PARTICIPATED AFTER SIGNING. SUCH ACTION ALSO MAY CAUSE YOUR 380
ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY." 382
(4) THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO 385
PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC 387
DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE 388
ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE 389
NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED 391
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER 392
ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING 394
THAT AGENT CONTRACT.
(5) ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT 396
CONTRACT COMPLY WITH STATE AND FEDERAL LAW. 397
(B) A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE 400
RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY 401
ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE 402
FOLLOWING APPLY:
(1) THE PROVISION IS CONTAINED IN AN AGENT CONTRACT 404
BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE 405
AGENT UNDERTAKES TO SECURE EMPLOYMENT. 406
(2) THE PROVISION IS INCLUDED IN THE AGENT CONTRACT 408
PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR 409
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UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS 411
WITH ATHLETE AGENTS.
(C) AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT 413
CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT 414
TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 416
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 417
WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME 418
THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 420
AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER 422
ENTERING THAT AGENT CONTRACT.
Sec. 4771.04. Any agent contract entered into in violation 431
of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER 433
shall be void and unenforceable. 434
AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT 436
CONTRACT ENTERED INTO WITH AN ATHLETE WHO IS ENROLLED IN AN 437
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION 439
LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW. 440
Sec. 4771.05. THE OHIO ATHLETIC COMMISSION, ESTABLISHED 443
UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO ALL OF THE 444
FOLLOWING:
(A) REVIEW THE APPLICATION FORM OF AN APPLICANT FOR 446
REGISTRATION AS AN ATHLETE AGENT; 447
(B) ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION 449
FOR AN ATHLETE AGENT PURSUANT TO THIS CHAPTER; 451
(C) MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN 454
THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL 455
ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION; 456
(D) ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN 458
INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT; 459
(E) ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF 462
THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN 463
AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST 464
OF ADMINISTERING AND ENFORCING THIS CHAPTER;
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(F) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 467
REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER. 468
Sec. 4771.06. NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN 470
THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID 471
CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER 473
SECTION 4771.08 OF THE REVISED CODE, A TEMPORARY CERTIFICATE 475
ISSUED UNDER SECTION 4771.08 OF THE REVISED CODE, OR A TEMPORARY 478
CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE 480
REVISED CODE. 481
Sec. 4771.07. (A) EACH INDIVIDUAL WHO DESIRES TO SERVE AS 484
AN ATHLETE AGENT WITHIN THIS STATE SHALL FIRST FILE AN 485
APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION. 486
THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE 487
COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION: 488
(1) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT; 491
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 493
APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT; 494
(3) THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD 496
BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING 497
APPLICATION;
(4) THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED 499
IN ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 OF THE REVISED 500
CODE AND RULES ADOPTED BY THE COMMISSION; 502
(5) THE NAME AND ADDRESS OF ALL PERSONS WHO HAVE A 505
FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR 506
WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF 507
ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED 508
EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY 509
AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT; 510
(6) ANY OTHER INFORMATION DEEMED NECESSARY BY THE 513
COMMISSION.
(B) THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 515
REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING 517
ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE 518
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APPLICANT IN ANY OF THE FOLLOWING AREAS:
(1) CONTRACTS; 520
(2) CONTRACT NEGOTIATIONS; 522
(3) COMPLAINT RESOLUTION; 524
(4) ARBITRATION; 526
(5) DISPUTE RESOLUTION. 528
AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL 531
SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD STANDING ISSUED 532
BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR 533
CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.
(C) AN APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 536
REGISTRATION AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE 537
COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 539
REVISED CODE AND PROOF OF ONE OF THE SECURITIES REQUIRED UNDER 540
SECTION 4771.11 OF THE REVISED CODE.
(D) AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY 543
CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF 544
APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE 545
REGISTRATION OF THE ATHLETE AGENT IS VALID. 546
Sec. 4771.08. (A) UPON RECEIPT OF ALL THE MATERIALS 548
REQUIRED FOR APPLICATION FOR REGISTRATION UNDER SECTION 4771.07 550
OF THE REVISED CODE, THE OHIO ATHLETIC COMMISSION SHALL EVALUATE 552
THE INFORMATION PROVIDED AND ISSUE A CERTIFICATE OF REGISTRATION 553
TO THE APPLICANT, UNLESS THE COMMISSION FINDS THAT THE APPLICANT 554
OR AN EMPLOYEE OR REPRESENTATIVE OF THE APPLICANT HAS COMMITTED 555
ANY OF THE ACTS DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF 556
THE REVISED CODE. 557
(B) THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF 560
REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER 561
THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT 562
WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A 563
PERSON WHO HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER 565
SECTION 4771.07 OF THE REVISED CODE, BUT WHO THE COMMISSION 566
DETERMINES TO HAVE SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE 568
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ISSUANCE OF A TEMPORARY CERTIFICATE. 569
(C) THE REGISTRATION OF AN ATHLETE AGENT WITH THE 572
COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE 573
CERTIFICATE OF REGISTRATION IS ISSUED. AN ATHLETE AGENT SHALL 574
FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE 575
COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE 577
REGISTRATION OF THE ATHLETE AGENT. AN APPLICATION FOR RENEWAL 578
SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY 579
THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 580
REVISED CODE.
(D) EACH CERTIFICATE OF REGISTRATION ISSUED BY THE 583
COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING 584
INFORMATION: 585
(1) THE NAME OF THE ATHLETE AGENT; 587
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 589
ATHLETE AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE 590
AGENT;
(3) A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE 592
DATE OF ISSUANCE OF THE REGISTRATION. 593
(E) NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS 596
VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT 597
IS ISSUED.
(F) THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN 600
ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION. 601
Sec. 4771.09. (A) THE OHIO ATHLETIC COMMISSION MAY ISSUE 604
AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT 605
BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS 606
DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE 607
JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE COMMISSION 608
MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING 609
APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST 610
WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES 611
THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS 612
OF THE ATHLETE AGENT. 613
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(B) THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A 616
CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN 617
ATHLETE AGENT:
(1) THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE 619
DECEASED ATHLETE AGENT; 620
(2) THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS 622
BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE 623
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY 624
INFIRM. 625
(C) A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS 627
AFTER THE DATE IT IS ISSUED. IF THE HOLDER OF A CERTIFICATE OF 628
CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE 629
COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD 630
OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S 632
DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS 633
AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE. 634
Sec. 4771.10. THE COMMISSION MAY REQUIRE EACH REGISTERED 637
ATHLETE AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING 638
EDUCATION DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE 639
DETERMINED OR APPROVED BY THE COMMISSION. IF THE COMMISSION
IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT 640
LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE 641
DEVOTED TO ETHICS. 642
A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF 645
AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND 646
LEGAL MANNER. A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS 647
AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES 648
ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC 649
ORGANIZATION. AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR 650
CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES, 651
COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR 652
RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE 653
COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE
PROFESSION OF AN ATHLETE AGENT. 654
15
IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL 656
CONTINUING EDUCATION REQUIREMENTS UNDER THIS SECTION, THE 657
COMMISSION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS 658
SECTION. THE RULES SHALL CONTAIN PROCEDURES BY WHICH THE 659
COMMISSION SHALL MONITOR AN ATHLETE AGENT'S COMPLIANCE WITH THE 660
CONTINUING EDUCATION REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE 661
AGENT'S CERTIFICATE OF REGISTRATION. 662
Sec. 4771.11. (A) PRIOR TO ISSUING A CERTIFICATE OF 664
REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN 665
ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES: 667
(1) A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND 671
DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY 672
PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 673
ADOPTED UNDER THIS CHAPTER;
(2) A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS 675
ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY 676
PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 677
ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND 679
DOLLARS;
(3) CERTIFICATION FROM AN INSURANCE CARRIER INDICATING 681
THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE 682
INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND 683
DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION. 684
AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, A 687
CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR
PROFESSIONAL MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY 688
THE COMMISSION. 689
(B) THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF 692
THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED 694
WITH THE COMMISSION BY AN ATHLETE AGENT. THE COMMISSION SHALL 695
HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S 696
COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE 697
PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES, 698
EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND 699
16
THE PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE 700
RESULT OF A MISSTATEMENT, MISREPRESENTATION, FRAUDULENT ACT, 702
DECEIT, OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY AN ATHLETE 703
AGENT IN THE COURSE OF SERVING AS AN ATHLETE AGENT, OR BY A 704
REPRESENTATIVE OR EMPLOYEE OF AN ATHLETE AGENT WHEN THE 705
REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE OF THE 707
REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY. THE COMMISSION MAY USE
FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY 709
AN ATHLETE AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A 710
COURT OR ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE 711
ATHLETE AGENT. 712
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 715
THE LIABILITY OF AN ATHLETE AGENT TO THE AMOUNT OF THE SURETY 716
BOND, MALPRACTICE COVERAGE, OR OTHER SECURITY HELD ON DEPOSIT BY 717
THE COMMISSION.
(D) AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED 719
UNDER THIS SECTION. IF AN ATHLETE AGENT FAILS TO MAINTAIN THE 721
SECURITY AS REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL 723
SUSPEND THE REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE 724
AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT, 725
ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL MALPRACTICE INSURANCE, 727
AS REQUIRED UNDER THIS SECTION.
(E) THE LIABILITY OF THE SURETY ON A BOND DESCRIBED IN 731
DIVISION (A) OF THIS SECTION SHALL NOT EXCEED THE SUM OF FIFTEEN 732
THOUSAND DOLLARS IN THE AGGREGATE FOR ALL PERSONS WHO ARE INJURED 733
BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED UNDER 734
THIS CHAPTER.
(F) A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A) 736
OF THIS SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE 738
AGENT AND THE COMMISSION STATING THAT THE BOND CANCELS SIXTY DAYS 739
AFTER THAT NOTICE IS MAILED. THE LIABILITY OF THE SURETY FOR 740
ACTS OF THE ATHLETE AGENT CONTINUES DURING THAT SIXTY-DAY PERIOD. 741
THE CANCELLATION NOTICE DOES NOT ABSOLVE THE SURETY FROM 742
LIABILITY THAT ACCRUES BEFORE THE CANCELLATION DATE BUT THAT IS 743
17
DISCOVERED AFTER THAT DATE.
(G) THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER 745
FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE 746
ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER 747
THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE. 748
Sec. 4771.12. (A) FEES CHARGED BY AN ATHLETE AGENT FOR 751
SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE 752
PARTIES.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 754
SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST-BEARING 756
TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE 757
OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL 758
REVENUES RECEIVED ON BEHALF OF AN ATHLETE. AN ATHLETE AGENT 759
SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE 760
INTEREST-BEARING TRUST FUND OR ACCOUNT. THE ATHLETE AGENT SHALL 761
NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST 762
FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED. 763
(2) AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO 765
PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON 766
BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE 767
AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE 768
DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS. 769
(C) NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON 772
OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT. IF AN ATHLETE AGENT 773
SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN 774
WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE 775
AGREEMENT WITH THE ATHLETE. NO ATHLETE AGENT SHALL ENTER FEE 776
AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER. 777
(D) IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN 780
ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE 781
ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT, 782
THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR 783
EXPENSE:
(1) THE COST OF REASONABLE EXPENSES INCURRED BY THE 785
18
ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN 786
EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE; 787
(2) A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE 789
THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A 791
PROFESSIONAL SPORTS SERVICES CONTRACT.
(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 794
THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE 795
FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW. 796
Sec. 4771.13. NO ATHLETE AGENT SHALL ACT ON BEHALF OF AN 799
ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN 800
SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT 802
COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE. 806
AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE OHIO 809
ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS 810
IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE 811
ATHLETE CONCERNING INVESTMENTS. AN ATHLETE AGENT SHALL DISCLOSE 812
ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT 813
OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO 814
INVESTMENT ADVICE FROM THE ATHLETE AGENT. 815
Sec. 4771.14. (A) AN ATHLETE AGENT SHALL MAINTAIN ALL OF 818
THE FOLLOWING RECORDS:
(1) THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE 820
ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE 821
FOR COMPENSATION; 822
(2) THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE 824
PERFORMANCE OF SERVICES FOR EACH ATHLETE; 825
(3) A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE 827
ATHLETE AGENT AND EACH ATHLETE; 828
(4) ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION 830
FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY 832
AN ATHLETE AGENT. 833
(B) AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED 836
TO BE MAINTAINED PURSUANT TO THIS SECTION, IN A MANNER THAT THE 837
COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS. 838
19
(C) NO ATHLETE AGENT OR EMPLOYEE OR REPRESENTATIVE OF AN 841
ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE RECORDS 842
OR RECORDS CONTAINING FALSE INFORMATION. 843
(D) ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND OTHER 846
RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE 847
REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN 848
TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON 849
REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION. 850
Sec. 4771.15. AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING 853
CONDUCT:
(A) PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE 856
ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE 857
MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR 858
PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR 860
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 861
OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE 863
PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS; 864
(B) CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT 867
WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES 868
NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL 869
INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE 871
ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO
WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO 873
PARTICIPATE IN INTERCOLLEGIATE ATHLETICS; 874
(C) PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN 877
INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS 878
COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION. 879
Sec. 4771.16. NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO 882
BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,
ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE, 883
FRAUDULENT, OR MISLEADING. ALL ADVERTISEMENTS OF AN ATHLETE 884
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF 885
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS 886
20
REGISTERED WITH THE OHIO ATHLETIC COMMISSION. 887
AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES 890
CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER 891
ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN 892
CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT. 893
Sec. 4771.17. NO ATHLETE AGENT SHALL DO ANY OF THE 895
FOLLOWING: 896
(A) PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR 899
REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE; 900
(B) ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR 903
DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN 904
ATHLETE AGENT;
(C) COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE 907
AGENT'S OWN MONEY OR PROPERTY;
(D) OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE 910
AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE 911
ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE; 912
(E) ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR 915
MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN 916
FINANCIAL HARM TO AN ATHLETE OR AN EDUCATIONAL INSTITUTION OR 917
INSTITUTION OF HIGHER EDUCATION;
(F) VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR 920
COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE 921
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 922
WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE 923
ELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC COMPETITION 925
OR OTHERWISE PENALIZE THE EDUCATIONAL INSTITUTION OR INSTITUTION 926
OF HIGHER EDUCATION; 927
(G) AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES 930
OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION 931
GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR 932
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 934
WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE ATHLETE TO 935
PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE 936
21
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION; 938
(H) MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED 941
UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF 942
ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION; 943
(I) POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES 946
CONTRACT;
(J) LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR 949
FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR 950
SOLICITATION OF THE ATHLETE; 951
(K) PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER 954
SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN 955
CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE; 956
(L) PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR 958
MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE 959
AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE 960
AGENT. 961
Sec. 4771.18. (A) THE OHIO ATHLETIC COMMISSION MAY REFUSE 964
TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A 966
REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE 967
COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR 968
REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE 969
FOLLOWING:
(1) MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL 971
NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT; 973
(2) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN 975
CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS 977
OR ANOTHER STATE;
(3) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 979
INVOLVING ILLEGAL GAMBLING; 980
(4) ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE 983
IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE 984
TO SERVE IN A FIDUCIARY CAPACITY; 985
(5) MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC 987
CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A 989
22
FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING 990
GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD; 991
(6) VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED 994
UNDER THIS CHAPTER.
(B) UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS 997
CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT 998
AN INVESTIGATION OF THE COMPLAINT. IF THE COMMISSION FINDS 999
REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION 1,000
SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,002
REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED. IF THE 1,004
COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND 1,005
OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN 1,006
ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS 1,007
APPROPRIATE. 1,008
UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION 1,010
FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE 1,011
COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION 1,012
OCCURRED. THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL 1,013
PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, RETURN 1,015
RECEIPT REQUESTED. THE CERTIFICATION SHALL BE CONSIDERED A FINAL 1,016
RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS 1,017
FILED. A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION 1,018
TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER 1,019
THE DATE THE CERTIFICATION IS MAILED. IF A PARTY FILES AN 1,020
OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE 1,021
COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN 1,022
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF 1,025
A VIOLATION OCCURRED. 1,026
Sec. 4771.19. A PERSON WHO IS INJURED BY A VIOLATION OF 1,029
THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE 1,030
RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION 1,031
OVER THE MATTER. THE PLAINTIFF ALSO MAY NAME THE SURETY, THE 1,032
NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER 1,033
THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN 1,034
23
ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION. THIS CAUSE OF 1,035
ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS 1,036
PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW. THE AMOUNT OF 1,037
DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND, 1,038
SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT, 1,039
DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS 1,040
BROUGHT. IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,042
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,043
Sec. 4771.20. (A) AN INSTITUTION OF HIGHER EDUCATION MAY 1,046
BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO VIOLATES THIS 1,047
CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, 1,048
AND EQUITABLE RELIEF AS THE COURT FINDS APPROPRIATE. A COURT MAY 1,050
GRANT EQUITABLE RELIEF TO A PLAINTIFF UNDER THIS SECTION TO 1,051
PREVENT HARM THAT COULD RESULT FROM THE ACTS OR OMISSIONS OF AN 1,053
ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE
LIKELIHOOD THAT A VIOLATION OCCURRED. 1,054
(B) FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER 1,057
EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN 1,058
ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR: 1,059
(1) THE INSTITUTION OR AN ATHLETE ENROLLED AT THE 1,061
INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN 1,063
INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES 1,064
OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE 1,065
ATHLETIC CONFERENCE.
(2) AS A RESULT OF THE PENALTY OR DECLARATION OF 1,067
INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES 1,068
ANY OF THE FOLLOWING: 1,069
(a) A LOSS OF THE ABILITY TO GRANT AN ATHLETIC 1,071
SCHOLARSHIP;
(b) A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE; 1,073
(c) A LOSS OF ELIGIBILITY TO PARTICIPATE IN 1,075
INTERCOLLEGIATE COMPETITION; 1,076
(d) A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON 1,078
ATHLETIC COMPETITION; 1,079
24
(e) A FORFEITURE OF ANY ATHLETIC CONTEST; 1,081
(f) AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED 1,083
TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR 1,084
LOST TICKET SALES. 1,085
(C) AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN 1,088
ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND 1,089
PUNITIVE OR EXEMPLARY DAMAGES. A COURT ALSO MAY AWARD COURT 1,091
COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 1,092
(D) IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,094
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,095
Sec. 4771.21. ANY PERSON WHO CONDUCTS BUSINESS IN THIS 1,097
STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE 1,099
COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS 1,100
AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION. 1,101
IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND 1,103
THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR 1,105
TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS 1,107
CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE 1,108
OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES 1,110
OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING 1,111
INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT 1,112
ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT 1,113
WITHIN THIS STATE. THIS APPOINTMENT IS IRREVOCABLE. 1,114
THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE 1,116
PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY. THE 1,118
PROCESS SHALL BE SERVED AS FOLLOWS:
(A) UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND 1,120
A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE 1,122
SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY 1,123
OF THE PROCESS; AND 1,124
(B) BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST 1,126
KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE 1,128
AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE
PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE. THE 1,130
25
REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED 1,131
TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS. 1,132
Sec. 4771.99. (A) Whoever violates section 4771.02 1,141
4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.17 of the Revised 1,143
Code is guilty of a misdemeanor of the first degree. 1,144
(B) AN ATHLETE AGENT WHO VIOLATES DIVISION (D) OF SECTION 1,147
4771.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE.
Section 2. That existing sections 3773.33, 3773.34, 1,149
3773.56, 4771.01, 4771.02, 4771.04, and 4771.99 and sections 1,150
4771.05 and 4771.06 of the Revised Code are hereby repealed. 1,151
Section 3. Notwithstanding section 3773.33 of the Revised 1,153
Code, as amended by this act, the member of the Ohio Athletic 1,154
Commission who is knowledgeable and experienced in college 1,155
athletics shall be appointed to serve a three-year term beginning 1,156
upon the expiration of the term of the member of the Commission 1,157
whose term expires on the earliest date after the effective date 1,158
of this act. The member who is knowledgeable and experienced in 1,159
high school athletics shall be appointed to serve a three-year 1,160
term beginning on the expiration of the term of the member of the 1,162
Commission whose term expires second in time after the effective 1,163
date of this act. The member who is knowledgeable and
experienced in professional athletics shall be appointed to serve 1,164
a three-year term beginning on the expiration of the term of the 1,165
member of the Commission whose term expires third in time after 1,166
the effective date of this act. Thereafter, members shall be 1,167
appointed to and serve on the Commission in accordance with 1,168
section 3773.33 of the Revised Code. 1,169
Section 4. Sections 1, 2, and 3 of this act shall take 1,171
effect September 1, 2000. 1,172