As Passed by the House 1
123rd General Assembly 4
Regular Session Am. Sub. H. B. No. 107 5
1999-2000 6
REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI- 8
TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN-PERRY-BARNES- 9
BOYD-YOUNG-OGG-GRENDELL 10
_________________________________________________________________ 11
A B I L L
To amend sections 3773.33, 3773.34, 3773.56, 13
4771.01, 4771.02, 4771.04, and 4771.99, to enact 14
new sections 4771.05 and 4771.06 and sections 15
4771.07 to 4771.21, and to repeal sections 16
4771.05 and 4771.06 of the Revised Code to 17
establish a system for the registration and
regulation of athlete agents. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3773.33, 3773.34, 3773.56, 24
4771.01, 4771.02, 4771.04, and 4771.99 be amended and new 25
sections 4771.05 and 4771.06 and sections 4771.07, 4771.08, 26
4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.15, 27
4771.16, 4771.17, 4771.18, 4771.19, 4771.20, and 4771.21 of the 28
Revised Code be enacted to read as follows:
Sec. 3773.33. (A) There is hereby created the Ohio 38
athletic commission. The commission shall consist of five voting 39
members appointed by the governor with the advice and consent of 40
the senate, not more than three of whom shall be of the same 41
political party, and two nonvoting members, one of whom shall be 42
a member of the senate appointed by and to serve at the pleasure 43
of the president of the senate and one of whom shall be a member 44
of the house of representatives appointed by and to serve at the 45
pleasure of the speaker of the house of representatives. To be 46
eligible for appointment as a voting member a person shall be a 47
2
qualified elector, AND a resident of the state for not less than 48
five years immediately preceding the person's appointment, and. 50
TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST ONE 52
VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH
SCHOOL ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND 53
EXPERIENCED IN PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING 54
MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE 56
ATHLETICS. One commission member shall hold the degree of doctor 58
of medicine or doctor of osteopathy.
(B) No person shall be appointed to the commission or be 60
an employee of the commission who is licensed, REGISTERED, or 61
regulated by the commission. No member shall have any legal or 63
beneficial interest, direct or indirect, pecuniary or otherwise, 64
in any person who is licensed, REGISTERED, or regulated by the 65
commission or who participates in prize fights or public boxing 66
or wrestling matches or exhibitions. No member shall participate 68
in any fight, match, or exhibition other than in the member's 69
official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code. 70
(C) The governor shall appoint the voting members to the 72
commission. Of the initial appointments, two shall be for terms 73
ending one year after the effective date of this section 74
SEPTEMBER 3, 1996, two shall be for terms ending two years after 75
the effective date of this section SEPTEMBER 3, 1996, and one 77
shall be for a term ending three years after the effective date 78
of this section SEPTEMBER 3, 1996. Thereafter, terms of office 79
shall be for three years, each term ending the same day of the 80
same month of the year as did the term which it succeeds. Each 81
member shall hold office from the date of the member's 82
appointment until the end of the term for which the member was 83
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's 84
predecessor was appointed shall hold office for the remainder of 85
the term. Any member shall continue in office subsequent to the 87
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expiration date of the member's term until the member's successor 88
takes office, or until a period of sixty days has elapsed, 89
whichever occurs first. 90
The governor shall name one voting member as chairperson of 92
the commission at the time of making the appointment of any 93
member for a full term. Three voting members shall constitute a 94
quorum, and the affirmative vote of three voting members shall be 95
necessary for any action taken by the commission. No vacancy on 96
the commission impairs the authority of the remaining members to
exercise all powers of the commission. 97
Voting members, when engaged in commission duties, shall 99
receive a per diem compensation determined in accordance with 100
division (J) of section 124.15 of the Revised Code, and all 101
members shall receive their actual and necessary expenses 102
incurred in the performance of their official duties. 103
Each voting member, before entering upon the discharge of 105
the member's duties, shall file a surety bond payable to the 106
treasurer of state in the sum of ten thousand dollars. Each 107
surety bond shall be conditioned upon the faithful performance of 108
the duties of the office, executed by a surety company authorized 109
to transact business in this state, and filed in the office of 110
the secretary of state. 111
The governor may remove any voting member for malfeasance, 113
misfeasance, or nonfeasance in office after giving the member a 114
copy of the charges against the member and affording the member 115
an opportunity for a public hearing, at which the member may be 116
represented by counsel, upon not less than ten days' notice. If 117
the member is removed, the governor shall file a complete 118
statement of all charges made against the member and the 119
governor's finding thereon in the office of the secretary of 120
state, together with a complete report of the proceedings. The 121
governor's decision shall be final. 122
(D) The commission shall maintain an office in Youngstown 124
and keep all of its permanent records there. 125
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Sec. 3773.34. (A) The Ohio athletic commission shall 134
adopt and may amend or rescind rules in accordance with Chapter 135
119. of the Revised Code, prescribing the conditions under which 136
prize fights and public boxing or wrestling matches or 137
exhibitions may be conducted, classifying professional boxers by 139
weight, and providing for the administration of sections 3773.31 140
to 3773.57 of the Revised Code. The rules may require that an 141
applicant for a contestant's license to participate in a public 142
boxing match or exhibition take an HIV test, as defined in 143
section 3701.24 of the Revised Code, before being issued the 144
contestant's license and may require that a licensed contestant 145
take such an HIV test before participating in a public boxing 146
match or exhibition. The commission may issue, deny, suspend, or 147
revoke permits to hold prize fights and public boxing or 148
wrestling matches or exhibitions, and may issue, deny, suspend, 150
or revoke licenses to persons engaged in any public boxing match 151
or exhibition as authorized by sections 3773.31 to 3773.57 of the 152
Revised Code.
(B) IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER, 154
THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO 155
CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE 156
GOVERNING ATHLETE AGENTS.
(C) On or before the thirty-first day of December of each 158
year, the commission shall make a report to the governor of its 159
proceedings for the year ending on the first day of December of 160
that calendar year, and may include in the report any 161
recommendations pertaining to its duties. 162
Sec. 3773.56. The Ohio athletic commission may appoint an 172
executive director and employ such persons as are necessary to 173
administer sections 3773.31 to 3773.57 AND CHAPTER 4771. of the 174
Revised Code and fix their compensation. Such executive director 175
and employees shall serve in the unclassified status and at the 177
pleasure of the commission.
All receipts received by the commission under sections 179
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3773.31 to 3773.57 AND CHAPTER 4771. of the Revised Code shall be 181
deposited in the occupational licensing and regulatory fund. All 182
vouchers of the commission shall be approved by the chairperson 183
of the commission. 184
Sec. 4771.01. As used in sections 4771.01 to 4771.06 of 193
the Revised Code THIS CHAPTER: 194
(A) "Agent contract" means any contract or agreement 196
pursuant to which a student AN athlete authorizes or empowers or 197
agrees to authorize or empower at some later date a person AN 198
ATHLETE AGENT to negotiate or solicit DO any professional sport 200
services contract on behalf of the athlete. If a student athlete 202
also engages in a nonintercollegiate sporting event, contest, 203
exhibition, or program, "agent contract" does not include any 204
contract or agreement described in this division if the athlete 205
agent negotiates or solicits any professional sport services 206
contract on behalf of the athlete in the nonintercollegiate sport 207
that he engages in FOLLOWING: 208
(1) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 210
ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE 211
EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM; 212
(2) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 214
ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL 215
ATHLETE;
(3) MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR 217
AN ATHLETE'S REPUTATION. 218
(B) "Athlete agent" means any person who offers an agent 220
contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR 221
SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a 222
student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO 223
FOR A FEE PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN 224
EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS 225
A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN 226
ATHLETE OR AN ATHLETE'S REPUTATION. Athlete agent does not 227
include either of the following:
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(1) A member of a student athlete's immediate family; 230
(2) An attorney from whom a student AN athlete seeks legal 232
advice concerning a proposed professional sport SPORTS services 233
contract if the attorney does not represent the student athlete 235
in negotiating or soliciting the contract. 236
(C) "Immediate family" means an individual's spouse, 238
child, parent, stepparent, grandparent, grandchild, brother, 239
sister, parent-in-law, brother-in-law, sister-in-law, nephew, 240
niece, aunt, uncle, first cousin, or the spouse or guardian of 241
any of the individuals described in this division. 242
(D) "ATHLETE" MEANS EITHER OF THE FOLLOWING: 245
(1) A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR 247
INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES, 248
OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC 249
SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE 250
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(2) A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA: 252
(a) RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN 254
AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL 255
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF 256
THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR 257
ATHLETIC PROGRAM;
(b) DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO 259
PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN 260
WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 261
EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN 262
THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.
(D)(E) "Institution of higher education" means a state 264
university or college or a private nonprofit college or 265
university located in this state that possesses a certificate of 266
authorization issued by the Ohio board of regents pursuant to 267
Chapter 1713. of the Revised Code. 268
(E)(F) "Professional sport SPORTS services contract" means 271
any EITHER OF THE FOLLOWING: 272
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(1) ANY contract or agreement pursuant to which an 275
individual ATHLETE is employed or agrees to render services as a 277
player on a professional sport SPORTS team or as a professional 279
athlete;
(2) ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE 281
PRESENT OR FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S 282
REPUTATION.
(F)(G) "State university or college" includes the state 284
universities listed in section 3345.011 of the Revised Code, 285
community colleges created pursuant to Chapter 3354. of the 286
Revised Code, university branches created pursuant to Chapter 287
3355. of the Revised Code, technical colleges created pursuant to 288
Chapter 3357. of the Revised Code, and state community colleges 289
created pursuant to Chapter 3358. of the Revised Code. 290
(G) "Student athlete" means any individual who is enrolled 292
as a student at an institution of higher education in this state 293
and engages in any intercollegiate sporting event, contest, 294
exhibition, or program (H) "EDUCATIONAL INSTITUTION" MEANS ANY 296
INSTITUTION LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT 298
PROVIDES ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS 299
PRIMARY FUNCTION.
Sec. 4771.02. (A) No athlete agent shall enter into an 308
agent contract with a student AN athlete unless the agent 310
complies with both ALL of the following AGENT CONTRACT 311
REQUIREMENTS:
(A)(1) The agent contract is in writing ON A FORM APPROVED 313
BY THE OHIO ATHLETIC COMMISSION and includes all agreements 314
between the parties; 316
(B) Not less than fourteen days before entering into an 318
agent contract with a student athlete, the athlete agent files a 320
copy of the proposed contract with the official who is 321
responsible for the supervision of the particular sport program 322
at the institution of higher education at which the student
athlete who is a participant in the program is enrolled. 323
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(2) THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT 325
TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING 326
LANGUAGE: 327
"THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO 330
SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.
REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE 332
REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE 334
TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE 335
ATHLETE AGENT."
(3) THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN 337
BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN 338
ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS 339
OF THE CONTRACT: 340
"WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 342
CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN 343
ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS. ACCORDINGLY, YOU MUST 344
GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO 345
THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 346
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 347
WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY 348
ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF 349
PARTICIPATING IN OR PRACTICING FOR AN OFFICIALLY SANCTIONED 351
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT, OR 352
SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.
DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED 355
IN ANY BLANK SPACES. UNDER OHIO LAW, AS A STUDENT ATHLETE
SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO RESCIND THIS 356
CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE 357
FOLLOWING OCCURRENCES: 358
(a) THE DATE THE CONTRACT IS SIGNED; 360
(b) THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR 362
POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 364
EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED PLANS 365
TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR
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(c) THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY 367
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 369
IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC
DIRECTOR OR PERSON OF SIMILAR POSITION. 370
DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL 372
INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE 374
ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF 375
HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO
PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS. IF YOU SIGN 376
THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC 377
COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN 379
AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR
ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU 380
PARTICIPATED AFTER SIGNING. SUCH ACTION ALSO MAY CAUSE YOUR 381
ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY." 383
(4) THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO 386
PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC 388
DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE 389
ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE 390
NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED 392
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER 393
ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING 395
THAT AGENT CONTRACT.
(5) ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT 397
CONTRACT COMPLY WITH STATE AND FEDERAL LAW. 398
(B) A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE 401
RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY 402
ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE 403
FOLLOWING APPLY:
(1) THE PROVISION IS CONTAINED IN AN AGENT CONTRACT 405
BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE 406
AGENT UNDERTAKES TO SECURE EMPLOYMENT. 407
(2) THE PROVISION IS INCLUDED IN THE AGENT CONTRACT 409
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PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR 410
UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS 412
WITH ATHLETE AGENTS.
(C) AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT 414
CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT 415
TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 417
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 418
WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME 419
THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 421
AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER 423
ENTERING THAT AGENT CONTRACT.
Sec. 4771.04. Any agent contract entered into in violation 432
of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER 434
shall be void and unenforceable. 435
AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT 437
CONTRACT ENTERED INTO WITH AN ATHLETE WHO IS ENROLLED IN AN 438
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION 440
LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW. 441
Sec. 4771.05. THE OHIO ATHLETIC COMMISSION, ESTABLISHED 444
UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO ALL OF THE 445
FOLLOWING:
(A) REVIEW THE APPLICATION FORM OF AN APPLICANT FOR 447
REGISTRATION AS AN ATHLETE AGENT; 448
(B) ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION 450
FOR AN ATHLETE AGENT PURSUANT TO THIS CHAPTER; 452
(C) MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN 455
THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL 456
ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION; 457
(D) ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN 459
INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT; 460
(E) ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF 463
THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN 464
AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST 465
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OF ADMINISTERING AND ENFORCING THIS CHAPTER;
(F) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 468
REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER. 469
Sec. 4771.06. NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN 471
THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID 472
CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER 474
SECTION 4771.08 OF THE REVISED CODE, A TEMPORARY CERTIFICATE 476
ISSUED UNDER SECTION 4771.08 OF THE REVISED CODE, OR A TEMPORARY 479
CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE 481
REVISED CODE. 482
Sec. 4771.07. (A) EACH INDIVIDUAL WHO DESIRES TO SERVE AS 485
AN ATHLETE AGENT WITHIN THIS STATE SHALL FIRST FILE AN 486
APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION. 487
THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE 488
COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION: 489
(1) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT; 492
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 494
APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT; 495
(3) THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD 497
BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING 498
APPLICATION;
(4) THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED 500
IN ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 OF THE REVISED 501
CODE AND RULES ADOPTED BY THE COMMISSION; 503
(5) THE NAME AND ADDRESS OF ALL PERSONS WHO HAVE A 506
FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR 507
WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF 508
ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED 509
EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY 510
AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT; 511
(6) ANY OTHER INFORMATION DEEMED NECESSARY BY THE 514
COMMISSION.
(B) THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 516
REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING 518
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ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE 519
APPLICANT IN ANY OF THE FOLLOWING AREAS:
(1) CONTRACTS; 521
(2) CONTRACT NEGOTIATIONS; 523
(3) COMPLAINT RESOLUTION; 525
(4) ARBITRATION; 527
(5) DISPUTE RESOLUTION. 529
AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL 532
SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD STANDING ISSUED 533
BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR 534
CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.
(C) AN APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 537
REGISTRATION AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE 538
COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 540
REVISED CODE AND PROOF OF ONE OF THE SECURITIES REQUIRED UNDER 541
SECTION 4771.11 OF THE REVISED CODE.
(D) AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY 544
CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF 545
APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE 546
REGISTRATION OF THE ATHLETE AGENT IS VALID. 547
Sec. 4771.08. (A) UPON RECEIPT OF ALL THE MATERIALS 549
REQUIRED FOR APPLICATION FOR REGISTRATION UNDER SECTION 4771.07 551
OF THE REVISED CODE, THE OHIO ATHLETIC COMMISSION SHALL EVALUATE 553
THE INFORMATION PROVIDED AND ISSUE A CERTIFICATE OF REGISTRATION 554
TO THE APPLICANT, UNLESS THE COMMISSION FINDS THAT THE APPLICANT 555
OR AN EMPLOYEE OR REPRESENTATIVE OF THE APPLICANT HAS COMMITTED 556
ANY OF THE ACTS DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF 557
THE REVISED CODE. 558
(B) THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF 561
REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER 562
THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT 563
WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A 564
PERSON WHO HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER 566
SECTION 4771.07 OF THE REVISED CODE, BUT WHO THE COMMISSION 567
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DETERMINES TO HAVE SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE 569
ISSUANCE OF A TEMPORARY CERTIFICATE. 570
(C) THE REGISTRATION OF AN ATHLETE AGENT WITH THE 573
COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE 574
CERTIFICATE OF REGISTRATION IS ISSUED. AN ATHLETE AGENT SHALL 575
FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE 576
COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE 578
REGISTRATION OF THE ATHLETE AGENT. AN APPLICATION FOR RENEWAL 579
SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY 580
THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 581
REVISED CODE.
(D) EACH CERTIFICATE OF REGISTRATION ISSUED BY THE 584
COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING 585
INFORMATION: 586
(1) THE NAME OF THE ATHLETE AGENT; 588
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 590
ATHLETE AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE 591
AGENT;
(3) A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE 593
DATE OF ISSUANCE OF THE REGISTRATION. 594
(E) NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS 597
VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT 598
IS ISSUED.
(F) THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN 601
ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION. 602
Sec. 4771.09. (A) THE OHIO ATHLETIC COMMISSION MAY ISSUE 605
AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT 606
BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS 607
DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE 608
JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE COMMISSION 609
MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING 610
APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST 611
WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES 612
THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS 613
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OF THE ATHLETE AGENT. 614
(B) THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A 617
CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN 618
ATHLETE AGENT:
(1) THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE 620
DECEASED ATHLETE AGENT; 621
(2) THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS 623
BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE 624
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY 625
INFIRM. 626
(C) A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS 628
AFTER THE DATE IT IS ISSUED. IF THE HOLDER OF A CERTIFICATE OF 629
CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE 630
COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD 631
OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S 633
DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS 634
AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE. 635
Sec. 4771.10. THE COMMISSION MAY REQUIRE EACH REGISTERED 638
ATHLETE AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING 639
EDUCATION DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE 640
DETERMINED OR APPROVED BY THE COMMISSION. IF THE COMMISSION
IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT 641
LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE 642
DEVOTED TO ETHICS. 643
A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF 646
AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND 647
LEGAL MANNER. A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS 648
AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES 649
ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC 650
ORGANIZATION. AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR 651
CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES, 652
COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR 653
RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE 654
COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE
15
PROFESSION OF AN ATHLETE AGENT. 655
IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL 657
CONTINUING EDUCATION REQUIREMENTS UNDER THIS SECTION, THE 658
COMMISSION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS 659
SECTION. THE RULES SHALL CONTAIN PROCEDURES BY WHICH THE 660
COMMISSION SHALL MONITOR AN ATHLETE AGENT'S COMPLIANCE WITH THE 661
CONTINUING EDUCATION REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE 662
AGENT'S CERTIFICATE OF REGISTRATION. 663
Sec. 4771.11. (A) PRIOR TO ISSUING A CERTIFICATE OF 665
REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN 666
ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES: 668
(1) A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND 672
DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY 673
PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 674
ADOPTED UNDER THIS CHAPTER;
(2) A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS 676
ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY 677
PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 678
ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND 680
DOLLARS;
(3) CERTIFICATION FROM AN INSURANCE CARRIER INDICATING 682
THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE 683
INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND 684
DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION. 685
AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, A 688
CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR
PROFESSIONAL MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY 689
THE COMMISSION. 690
(B) THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF 693
THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED 695
WITH THE COMMISSION BY AN ATHLETE AGENT. THE COMMISSION SHALL 696
HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S 697
COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE 698
PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES, 699
16
EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND 700
THE PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE 701
RESULT OF A MISSTATEMENT, MISREPRESENTATION, FRAUDULENT ACT, 703
DECEIT, OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY AN ATHLETE 704
AGENT IN THE COURSE OF SERVING AS AN ATHLETE AGENT, OR BY A 705
REPRESENTATIVE OR EMPLOYEE OF AN ATHLETE AGENT WHEN THE 706
REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE OF THE 708
REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY. THE COMMISSION MAY USE
FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY 710
AN ATHLETE AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A 711
COURT OR ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE 712
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
AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT, 726
ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL MALPRACTICE INSURANCE, 728
AS REQUIRED UNDER THIS SECTION.
(E) THE LIABILITY OF THE SURETY ON A BOND DESCRIBED IN 732
DIVISION (A) OF THIS SECTION SHALL NOT EXCEED THE SUM OF FIFTEEN 733
THOUSAND DOLLARS IN THE AGGREGATE FOR ALL PERSONS WHO ARE INJURED 734
BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED UNDER 735
THIS CHAPTER.
(F) A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A) 737
OF THIS SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE 739
AGENT AND THE COMMISSION STATING THAT THE BOND CANCELS SIXTY DAYS 740
AFTER THAT NOTICE IS MAILED. THE LIABILITY OF THE SURETY FOR 741
ACTS OF THE ATHLETE AGENT CONTINUES DURING THAT SIXTY-DAY PERIOD. 742
THE CANCELLATION NOTICE DOES NOT ABSOLVE THE SURETY FROM 743
17
LIABILITY THAT ACCRUES BEFORE THE CANCELLATION DATE BUT THAT IS 744
DISCOVERED AFTER THAT DATE.
(G) THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER 746
FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE 747
ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER 748
THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE. 749
Sec. 4771.12. (A) FEES CHARGED BY AN ATHLETE AGENT FOR 752
SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE 753
PARTIES.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 755
SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST-BEARING 757
TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE 758
OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL 759
REVENUES RECEIVED ON BEHALF OF AN ATHLETE. AN ATHLETE AGENT 760
SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE 761
INTEREST-BEARING TRUST FUND OR ACCOUNT. THE ATHLETE AGENT SHALL 762
NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST 763
FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED. 764
(2) AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO 766
PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON 767
BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE 768
AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE 769
DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS. 770
(C) NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON 773
OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT. IF AN ATHLETE AGENT 774
SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN 775
WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE 776
AGREEMENT WITH THE ATHLETE. NO ATHLETE AGENT SHALL ENTER FEE 777
AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER. 778
(D) IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN 781
ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE 782
ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT, 783
THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR 784
EXPENSE:
18
(1) THE COST OF REASONABLE EXPENSES INCURRED BY THE 786
ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN 787
EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE; 788
(2) A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE 790
THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A 792
PROFESSIONAL SPORTS SERVICES CONTRACT.
(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 795
THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE 796
FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW. 797
Sec. 4771.13. NO ATHLETE AGENT SHALL ACT ON BEHALF OF AN 800
ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN 801
SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT 803
COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE. 807
AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE OHIO 810
ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS 811
IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE 812
ATHLETE CONCERNING INVESTMENTS. AN ATHLETE AGENT SHALL DISCLOSE 813
ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT 814
OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO 815
INVESTMENT ADVICE FROM THE ATHLETE AGENT. 816
Sec. 4771.14. (A) AN ATHLETE AGENT SHALL MAINTAIN ALL OF 819
THE FOLLOWING RECORDS:
(1) THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE 821
ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE 822
FOR COMPENSATION; 823
(2) THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE 825
PERFORMANCE OF SERVICES FOR EACH ATHLETE; 826
(3) A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE 828
ATHLETE AGENT AND EACH ATHLETE; 829
(4) ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION 831
FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY 833
AN ATHLETE AGENT. 834
(B) AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED 837
TO BE MAINTAINED PURSUANT TO THIS SECTION, IN A MANNER THAT THE 838
19
COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS. 839
(C) NO ATHLETE AGENT OR EMPLOYEE OR REPRESENTATIVE OF AN 842
ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE RECORDS 843
OR RECORDS CONTAINING FALSE INFORMATION. 844
(D) ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND OTHER 847
RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE 848
REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN 849
TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON 850
REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION. 851
Sec. 4771.15. AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING 854
CONDUCT:
(A) PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE 857
ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE 858
MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR 859
PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR 861
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 862
OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE 864
PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS; 865
(B) CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT 868
WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES 869
NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL 870
INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE 872
ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO
WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO 874
PARTICIPATE IN INTERCOLLEGIATE ATHLETICS; 875
(C) PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN 878
INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS 879
COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION. 880
Sec. 4771.16. NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO 883
BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,
ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE, 884
FRAUDULENT, OR MISLEADING. ALL ADVERTISEMENTS OF AN ATHLETE 885
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF 886
20
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS 887
REGISTERED WITH THE OHIO ATHLETIC COMMISSION. 888
AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES 891
CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER 892
ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN 893
CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT. 894
Sec. 4771.17. NO ATHLETE AGENT SHALL DO ANY OF THE 896
FOLLOWING: 897
(A) PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR 900
REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE; 901
(B) ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR 904
DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN 905
ATHLETE AGENT;
(C) COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE 908
AGENT'S OWN MONEY OR PROPERTY;
(D) OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE 911
AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE 912
ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE; 913
(E) ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR 916
MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN 917
FINANCIAL HARM TO AN ATHLETE OR AN EDUCATIONAL INSTITUTION OR 918
INSTITUTION OF HIGHER EDUCATION;
(F) VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR 921
COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE 922
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 923
WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE 924
ELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC COMPETITION 926
OR OTHERWISE PENALIZE THE EDUCATIONAL INSTITUTION OR INSTITUTION 927
OF HIGHER EDUCATION; 928
(G) AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES 931
OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION 932
GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR 933
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 935
WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE ATHLETE TO 936
21
PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE 937
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION; 939
(H) MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED 942
UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF 943
ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION; 944
(I) POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES 947
CONTRACT;
(J) LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR 950
FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR 951
SOLICITATION OF THE ATHLETE; 952
(K) PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER 955
SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN 956
CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE; 957
(L) PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR 959
MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE 960
AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE 961
AGENT. 962
Sec. 4771.18. (A) THE OHIO ATHLETIC COMMISSION MAY REFUSE 965
TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A 967
REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE 968
COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR 969
REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE 970
FOLLOWING:
(1) MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL 972
NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT; 974
(2) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN 976
CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS 978
OR ANOTHER STATE;
(3) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 980
INVOLVING ILLEGAL GAMBLING; 981
(4) ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE 984
IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE 985
TO SERVE IN A FIDUCIARY CAPACITY; 986
(5) MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC 988
22
CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A 990
FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING 991
GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD; 992
(6) VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED 995
UNDER THIS CHAPTER.
(B) UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS 998
CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT 999
AN INVESTIGATION OF THE COMPLAINT. IF THE COMMISSION FINDS 1,000
REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION 1,001
SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,003
REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED. IF THE 1,005
COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND 1,006
OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN 1,007
ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS 1,008
APPROPRIATE. 1,009
UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION 1,011
FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE 1,012
COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION 1,013
OCCURRED. THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL 1,014
PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, RETURN 1,016
RECEIPT REQUESTED. THE CERTIFICATION SHALL BE CONSIDERED A FINAL 1,017
RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS 1,018
FILED. A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION 1,019
TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER 1,020
THE DATE THE CERTIFICATION IS MAILED. IF A PARTY FILES AN 1,021
OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE 1,022
COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN 1,023
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF 1,026
A VIOLATION OCCURRED. 1,027
Sec. 4771.19. A PERSON WHO IS INJURED BY A VIOLATION OF 1,030
THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE 1,031
RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION 1,032
OVER THE MATTER. THE PLAINTIFF ALSO MAY NAME THE SURETY, THE 1,033
NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER 1,034
23
THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN 1,035
ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION. THIS CAUSE OF 1,036
ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS 1,037
PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW. THE AMOUNT OF 1,038
DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND, 1,039
SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT, 1,040
DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS 1,041
BROUGHT. IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,043
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,044
Sec. 4771.20. (A) AN INSTITUTION OF HIGHER EDUCATION MAY 1,047
BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO VIOLATES THIS 1,048
CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, 1,049
AND EQUITABLE RELIEF AS THE COURT FINDS APPROPRIATE. A COURT MAY 1,051
GRANT EQUITABLE RELIEF TO A PLAINTIFF UNDER THIS SECTION TO 1,052
PREVENT HARM THAT COULD RESULT FROM THE ACTS OR OMISSIONS OF AN 1,054
ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE
LIKELIHOOD THAT A VIOLATION OCCURRED. 1,055
(B) FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER 1,058
EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN 1,059
ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR: 1,060
(1) THE INSTITUTION OR AN ATHLETE ENROLLED AT THE 1,062
INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN 1,064
INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES 1,065
OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE 1,066
ATHLETIC CONFERENCE.
(2) AS A RESULT OF THE PENALTY OR DECLARATION OF 1,068
INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES 1,069
ANY OF THE FOLLOWING: 1,070
(a) A LOSS OF THE ABILITY TO GRANT AN ATHLETIC 1,072
SCHOLARSHIP;
(b) A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE; 1,074
(c) A LOSS OF ELIGIBILITY TO PARTICIPATE IN 1,076
INTERCOLLEGIATE COMPETITION; 1,077
(d) A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON 1,079
24
ATHLETIC COMPETITION; 1,080
(e) A FORFEITURE OF ANY ATHLETIC CONTEST; 1,082
(f) AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED 1,084
TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR 1,085
LOST TICKET SALES. 1,086
(C) AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN 1,089
ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND 1,090
PUNITIVE OR EXEMPLARY DAMAGES. A COURT ALSO MAY AWARD COURT 1,092
COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 1,093
(D) IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,095
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,096
Sec. 4771.21. ANY PERSON WHO CONDUCTS BUSINESS IN THIS 1,098
STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE 1,100
COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS 1,101
AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION. 1,102
IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND 1,104
THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR 1,106
TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS 1,108
CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE 1,109
OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES 1,111
OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING 1,112
INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT 1,113
ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT 1,114
WITHIN THIS STATE. THIS APPOINTMENT IS IRREVOCABLE. 1,115
THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE 1,117
PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY. THE 1,119
PROCESS SHALL BE SERVED AS FOLLOWS:
(A) UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND 1,121
A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE 1,123
SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY 1,124
OF THE PROCESS; AND 1,125
(B) BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST 1,127
KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE 1,129
AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE
25
PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE. THE 1,131
REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED 1,132
TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS. 1,133
Sec. 4771.99. (A) Whoever violates section 4771.02 1,142
4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.17 of the Revised 1,144
Code is guilty of a misdemeanor of the first degree. 1,145
(B) AN ATHLETE AGENT WHO VIOLATES DIVISION (C) OF SECTION 1,148
4771.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE.
Section 2. That existing sections 3773.33, 3773.34, 1,150
3773.56, 4771.01, 4771.02, 4771.04, and 4771.99 and sections 1,151
4771.05 and 4771.06 of the Revised Code are hereby repealed. 1,152
Section 3. Notwithstanding section 3773.33 of the Revised 1,154
Code, as amended by this act, the member of the Ohio Athletic 1,155
Commission who is knowledgeable and experienced in college 1,156
athletics shall be appointed to serve a three-year term beginning 1,157
upon the expiration of the term of the member of the Commission 1,158
whose term expires on the earliest date after the effective date 1,159
of this act. The member who is knowledgeable and experienced in 1,160
high school athletics shall be appointed to serve a three-year 1,161
term beginning on the expiration of the term of the member of the 1,163
Commission whose term expires second in time after the effective 1,164
date of this act. The member who is knowledgeable and
experienced in professional athletics shall be appointed to serve 1,165
a three-year term beginning on the expiration of the term of the 1,166
member of the Commission whose term expires third in time after 1,167
the effective date of this act. Thereafter, members shall be 1,168
appointed to and serve on the Commission in accordance with 1,169
section 3773.33 of the Revised Code. 1,170