As Reported by the Senate Insurance, Commerce 2
and Labor Committee 2
123rd General Assembly 5
Regular Session Am. Sub. H. B. No. 107 6
1999-2000 7
REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI- 9
TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN-PERRY-BARNES- 10
BOYD-YOUNG-OGG-GRENDELL-SENATOR WATTS 11
_________________________________________________________________ 13
A B I L L
To amend sections 3773.33, 3773.34, 3773.56, 15
4771.01, 4771.02, 4771.04, and 4771.99, to enact 16
new sections 4771.05 and 4771.06 and sections 17
4771.07 to 4771.21, and to repeal sections 18
4771.05 and 4771.06 of the Revised Code to 19
establish a system for the registration and
regulation of athlete agents. 21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23
Section 1. That sections 3773.33, 3773.34, 3773.56, 26
4771.01, 4771.02, 4771.04, and 4771.99 be amended and new 27
sections 4771.05 and 4771.06 and sections 4771.07, 4771.08, 28
4771.09, 4771.10, 4771.11, 4771.12, 4771.13, 4771.14, 4771.15, 29
4771.16, 4771.17, 4771.18, 4771.19, 4771.20, and 4771.21 of the 30
Revised Code be enacted to read as follows:
Sec. 3773.33. (A) There is hereby created the Ohio 40
athletic commission. The commission shall consist of five voting 41
members appointed by the governor with the advice and consent of 42
the senate, not more than three of whom shall be of the same 43
political party, and two nonvoting members, one of whom shall be 44
a member of the senate appointed by and to serve at the pleasure 45
of the president of the senate and one of whom shall be a member 46
of the house of representatives appointed by and to serve at the 47
pleasure of the speaker of the house of representatives. To be 48
2
eligible for appointment as a voting member a person shall be a 49
qualified elector, AND a resident of the state for not less than 50
five years immediately preceding the person's appointment, and. 52
TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT LEAST ONE 54
VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH
SCHOOL ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND 55
EXPERIENCED IN PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING 56
MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN COLLEGIATE 58
ATHLETICS. One commission member shall hold the degree of doctor 60
of medicine or doctor of osteopathy.
(B) No person shall be appointed to the commission or be 62
an employee of the commission who is licensed, REGISTERED, or 63
regulated by the commission. No member shall have any legal or 65
beneficial interest, direct or indirect, pecuniary or otherwise, 66
in any person who is licensed, REGISTERED, or regulated by the 67
commission or who participates in prize fights or public boxing 68
or wrestling matches or exhibitions. No member shall participate 70
in any fight, match, or exhibition other than in the member's 71
official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code. 72
(C) The governor shall appoint the voting members to the 74
commission. Of the initial appointments, two shall be for terms 75
ending one year after the effective date of this section 76
SEPTEMBER 3, 1996, two shall be for terms ending two years after 77
the effective date of this section SEPTEMBER 3, 1996, and one 79
shall be for a term ending three years after the effective date 80
of this section SEPTEMBER 3, 1996. Thereafter, terms of office 81
shall be for three years, each term ending the same day of the 82
same month of the year as did the term which it succeeds. Each 83
member shall hold office from the date of the member's 84
appointment until the end of the term for which the member was 85
appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's 86
predecessor was appointed shall hold office for the remainder of 87
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the term. Any member shall continue in office subsequent to the 89
expiration date of the member's term until the member's successor 90
takes office, or until a period of sixty days has elapsed, 91
whichever occurs first. 92
The governor shall name one voting member as chairperson of 94
the commission at the time of making the appointment of any 95
member for a full term. Three voting members shall constitute a 96
quorum, and the affirmative vote of three voting members shall be 97
necessary for any action taken by the commission. No vacancy on 98
the commission impairs the authority of the remaining members to
exercise all powers of the commission. 99
Voting members, when engaged in commission duties, shall 101
receive a per diem compensation determined in accordance with 102
division (J) of section 124.15 of the Revised Code, and all 103
members shall receive their actual and necessary expenses 104
incurred in the performance of their official duties. 105
Each voting member, before entering upon the discharge of 107
the member's duties, shall file a surety bond payable to the 108
treasurer of state in the sum of ten thousand dollars. Each 109
surety bond shall be conditioned upon the faithful performance of 110
the duties of the office, executed by a surety company authorized 111
to transact business in this state, and filed in the office of 112
the secretary of state. 113
The governor may remove any voting member for malfeasance, 115
misfeasance, or nonfeasance in office after giving the member a 116
copy of the charges against the member and affording the member 117
an opportunity for a public hearing, at which the member may be 118
represented by counsel, upon not less than ten days' notice. If 119
the member is removed, the governor shall file a complete 120
statement of all charges made against the member and the 121
governor's finding thereon in the office of the secretary of 122
state, together with a complete report of the proceedings. The 123
governor's decision shall be final. 124
(D) The commission shall maintain an office in Youngstown 126
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and keep all of its permanent records there. 127
Sec. 3773.34. (A) The Ohio athletic commission shall 136
adopt and may amend or rescind rules in accordance with Chapter 137
119. of the Revised Code, prescribing the conditions under which 138
prize fights and public boxing or wrestling matches or 139
exhibitions may be conducted, classifying professional boxers by 141
weight, and providing for the administration of sections 3773.31 142
to 3773.57 of the Revised Code. The rules may require that an 143
applicant for a contestant's license to participate in a public 144
boxing match or exhibition take an HIV test, as defined in 145
section 3701.24 of the Revised Code, before being issued the 146
contestant's license and may require that a licensed contestant 147
take such an HIV test before participating in a public boxing 148
match or exhibition. The commission may issue, deny, suspend, or 149
revoke permits to hold prize fights and public boxing or 150
wrestling matches or exhibitions, and may issue, deny, suspend, 152
or revoke licenses to persons engaged in any public boxing match 153
or exhibition as authorized by sections 3773.31 to 3773.57 of the 154
Revised Code.
(B) IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER, 156
THE OHIO ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO 157
CARRY OUT THE PROVISIONS OF CHAPTER 4771. OF THE REVISED CODE 158
GOVERNING ATHLETE AGENTS.
(C) On or before the thirty-first day of December of each 160
year, the commission shall make a report to the governor of its 161
proceedings for the year ending on the first day of December of 162
that calendar year, and may include in the report any 163
recommendations pertaining to its duties. 164
Sec. 3773.56. The Ohio athletic commission may appoint an 174
executive director and employ such persons as are necessary to 175
administer sections 3773.31 to 3773.57 AND CHAPTER 4771. of the 176
Revised Code and fix their compensation. Such executive director 177
and employees shall serve in the unclassified status and at the 179
pleasure of the commission.
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All receipts received by the commission under sections 181
3773.31 to 3773.57 AND CHAPTER 4771. of the Revised Code shall be 183
deposited in the occupational licensing and regulatory fund. All 184
vouchers of the commission shall be approved by the chairperson 185
of the commission. 186
Sec. 4771.01. As used in sections 4771.01 to 4771.06 of 195
the Revised Code THIS CHAPTER: 196
(A) "Agent contract" means any contract or agreement 198
pursuant to which a student AN athlete authorizes or empowers or 199
agrees to authorize or empower at some later date a person AN 200
ATHLETE AGENT to negotiate or solicit DO any professional sport 202
services contract on behalf of the athlete. If a student athlete 204
also engages in a nonintercollegiate sporting event, contest, 205
exhibition, or program, "agent contract" does not include any 206
contract or agreement described in this division if the athlete 207
agent negotiates or solicits any professional sport services 208
contract on behalf of the athlete in the nonintercollegiate sport 209
that he engages in FOLLOWING: 210
(1) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 212
ATHLETE WITH ONE OR MORE PROFESSIONAL SPORTS TEAMS FOR THE 213
EMPLOYMENT OF THE ATHLETE BY A PROFESSIONAL SPORTS TEAM; 214
(2) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE 216
ATHLETE FOR THE EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL 217
ATHLETE;
(3) MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR 219
AN ATHLETE'S REPUTATION. 220
(B) "Athlete agent" means any person who offers an agent 222
contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR 223
SOLICITS ANY ATHLETE TO ENTER into an agent contract with, a 224
student athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO 225
FOR A FEE PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN 226
EMPLOYMENT FOR AN ATHLETE WITH A PROFESSIONAL SPORTS TEAM, OR AS 227
A PROFESSIONAL ATHLETE, OR OTHERWISE ATTEMPTS TO MARKET AN 228
ATHLETE OR AN ATHLETE'S REPUTATION. Athlete agent does not 229
6
include either of the following:
(1) A member of a student athlete's immediate family; 232
(2) An attorney from whom a student AN athlete seeks legal 234
advice concerning a proposed professional sport SPORTS services 235
contract if the attorney does not represent the student athlete 237
in negotiating or soliciting the contract. 238
(C) "Immediate family" means an individual's spouse, 240
child, parent, stepparent, grandparent, grandchild, brother, 241
sister, parent-in-law, brother-in-law, sister-in-law, nephew, 242
niece, aunt, uncle, first cousin, or the spouse or guardian of 243
any of the individuals described in this division. 244
(D) "ATHLETE" MEANS EITHER OF THE FOLLOWING: 247
(1) A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR 249
INSTITUTION OF HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES, 250
OR IS OR MAY BECOME ELIGIBLE TO PARTICIPATE, IN ANY ATHLETIC 251
SPORTING EVENT, CONTEST, EXHIBITION, OR PROGRAM AT THE 252
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(2) A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA: 254
(a) RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN 256
AN AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL 257
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF 258
THE STUDENT'S INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR 259
ATHLETIC PROGRAM;
(b) DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO 261
PARTICIPATE IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN 262
WRITING, AN EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 263
EDUCATION IN THIS STATE OF THE STUDENT'S INTENT TO PARTICIPATE IN 264
THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.
(D)(E) "Institution of higher education" means a state 266
university or college or a private nonprofit college or 267
university located in this state that possesses a certificate of 268
authorization issued by the Ohio board of regents pursuant to 269
Chapter 1713. of the Revised Code. 270
(E)(F) "Professional sport SPORTS services contract" means 273
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any EITHER OF THE FOLLOWING: 274
(1) ANY contract or agreement pursuant to which an 277
individual ATHLETE is employed or agrees to render services as a 279
player on a professional sport SPORTS team or as a professional 281
athlete;
(2) ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE 283
PRESENT OR FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S 284
REPUTATION.
(F)(G) "State university or college" includes the state 286
universities listed in section 3345.011 of the Revised Code, 287
community colleges created pursuant to Chapter 3354. of the 288
Revised Code, university branches created pursuant to Chapter 289
3355. of the Revised Code, technical colleges created pursuant to 290
Chapter 3357. of the Revised Code, and state community colleges 291
created pursuant to Chapter 3358. of the Revised Code. 292
(G) "Student athlete" means any individual who is enrolled 294
as a student at an institution of higher education in this state 295
and engages in any intercollegiate sporting event, contest, 296
exhibition, or program (H) "EDUCATIONAL INSTITUTION" MEANS ANY 298
INSTITUTION LOCATED IN THIS STATE, PUBLIC OR PRIVATE, THAT 300
PROVIDES ELEMENTARY OR SECONDARY EDUCATION TO STUDENTS AS ITS 301
PRIMARY FUNCTION.
Sec. 4771.02. (A) No athlete agent shall enter into an 310
agent contract with a student AN athlete unless the agent 312
complies with both ALL of the following AGENT CONTRACT 313
REQUIREMENTS:
(A)(1) The agent contract is in writing ON A FORM APPROVED 315
BY THE OHIO ATHLETIC COMMISSION and includes all agreements 316
between the parties; 318
(B) Not less than fourteen days before entering into an 320
agent contract with a student athlete, the athlete agent files a 322
copy of the proposed contract with the official who is 323
responsible for the supervision of the particular sport program 324
at the institution of higher education at which the student
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athlete who is a participant in the program is enrolled. 325
(2) THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT 327
TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING 328
LANGUAGE: 329
"THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED TO 332
SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.
REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE 334
REVISED CODE DOES NOT IMPLY APPROVAL BY THE COMMISSION OF THE 336
TERMS AND CONDITIONS OF THIS CONTRACT OR THE COMPETENCE OF THE 337
ATHLETE AGENT."
(3) THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN 339
BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN 340
ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS 341
OF THE CONTRACT: 342
"WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS 344
CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN 345
ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS. ACCORDINGLY, YOU MUST 346
GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO 347
THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 348
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 349
WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY 350
ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF 351
PARTICIPATING IN OR PRACTICING FOR AN OFFICIALLY SANCTIONED 353
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT, OR 354
SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.
DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND FILLED 357
IN ANY BLANK SPACES. UNDER OHIO LAW, AS A STUDENT ATHLETE
SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO RESCIND THIS 358
CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE 359
FOLLOWING OCCURRENCES: 360
(a) THE DATE THE CONTRACT IS SIGNED; 362
(b) THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR 364
POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER 366
EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED PLANS 367
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TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR
(c) THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY 369
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 371
IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC
DIRECTOR OR PERSON OF SIMILAR POSITION. 372
DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL 374
INSTITUTION, INSTITUTION OF HIGHER EDUCATION, OR INTERCOLLEGIATE 376
ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR INSTITUTION OF 377
HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO
PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS. IF YOU SIGN 378
THIS CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC 379
COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE IN 381
AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR
ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU 382
PARTICIPATED AFTER SIGNING. SUCH ACTION ALSO MAY CAUSE YOUR 383
ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON PLAY." 385
(4) THE ATHLETE AGENT AGREES IN THE AGENT CONTRACT TO 388
PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT TO THE ATHLETIC 390
DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE 391
ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE 392
NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED 394
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER 395
ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER ENTERING 397
THAT AGENT CONTRACT.
(5) ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT 399
CONTRACT COMPLY WITH STATE AND FEDERAL LAW. 400
(B) A PROVISION IN AN AGENT CONTRACT THAT PROVIDES FOR THE 403
RESOLUTION OF ANY CONTROVERSY IN CONNECTION WITH THE CONTRACT BY 404
ARBITRATION IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE 405
FOLLOWING APPLY:
(1) THE PROVISION IS CONTAINED IN AN AGENT CONTRACT 407
BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE 408
AGENT UNDERTAKES TO SECURE EMPLOYMENT. 409
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(2) THE PROVISION IS INCLUDED IN THE AGENT CONTRACT 411
PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR 412
UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS MEMBERS 414
WITH ATHLETE AGENTS.
(C) AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT 416
CONTRACT EACH SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT 417
TO THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE 419
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 420
WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME 421
THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY
SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT 423
AFTER ENTERING THAT AGENT CONTRACT, OR SEVENTY-TWO HOURS AFTER 425
ENTERING THAT AGENT CONTRACT.
Sec. 4771.04. Any agent contract entered into in violation 434
of sections 4771.01 to 4771.06 of the Revised Code THIS CHAPTER 436
shall be void and unenforceable. 437
AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT 439
CONTRACT ENTERED INTO WITH AN ATHLETE WHO IS ENROLLED IN AN 440
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION 442
LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO LAW. 443
Sec. 4771.05. THE OHIO ATHLETIC COMMISSION, ESTABLISHED 446
UNDER SECTION 3773.33 OF THE REVISED CODE, SHALL DO ALL OF THE 447
FOLLOWING:
(A) REVIEW THE APPLICATION FORM OF AN APPLICANT FOR 449
REGISTRATION AS AN ATHLETE AGENT; 450
(B) ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION 452
FOR AN ATHLETE AGENT PURSUANT TO THIS CHAPTER; 454
(C) MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED IN 457
THIS STATE, INCLUDING THE AGENT'S BUSINESS AND RESIDENTIAL 458
ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S REGISTRATION; 459
(D) ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN 461
INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT; 462
(E) ESTABLISH A FEE FOR THE REGISTRATION, AND RENEWAL OF 465
THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN AN 466
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AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE COST 467
OF ADMINISTERING AND ENFORCING THIS CHAPTER;
(F) ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE 470
REVISED CODE TO CARRY OUT THE PURPOSES OF THIS CHAPTER. 471
Sec. 4771.06. NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN 473
THIS STATE UNLESS THE PERSON HOLDS A CURRENT AND VALID 474
CERTIFICATE OF REGISTRATION AS AN ATHLETE AGENT ISSUED UNDER 476
SECTION 4771.08 OF THE REVISED CODE, A TEMPORARY CERTIFICATE 478
ISSUED UNDER SECTION 4771.08 OF THE REVISED CODE, OR A TEMPORARY 481
CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE 483
REVISED CODE. 484
Sec. 4771.07. (A) EACH INDIVIDUAL WHO DESIRES TO SERVE AS 487
AN ATHLETE AGENT WITHIN THIS STATE SHALL FIRST FILE AN 488
APPLICATION FOR REGISTRATION WITH THE OHIO ATHLETIC COMMISSION. 489
THE APPLICANT SHALL APPLY USING A FORM PRESCRIBED BY THE 490
COMMISSION AND SHALL PROVIDE ALL THE FOLLOWING INFORMATION: 491
(1) THE NAME AND RESIDENTIAL ADDRESS OF THE APPLICANT; 494
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 496
APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT; 497
(3) THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD 499
BY THE APPLICANT DURING THE FIVE YEARS IMMEDIATELY PRECEDING 500
APPLICATION;
(4) THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED 502
IN ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 OF THE REVISED 503
CODE AND RULES ADOPTED BY THE COMMISSION; 505
(5) THE NAME AND ADDRESS OF ALL PERSONS WHO HAVE A 508
FINANCIAL INTEREST IN THE BUSINESS OPERATION OF THE APPLICANT, OR 509
WHO ARE COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF 510
ATHLETES ON BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED 511
EMPLOYEES WHO RECEIVE NO COMMISSION OR BONUS PURSUANT TO ANY 512
AGENT OR PROFESSIONAL SPORTS SERVICES CONTRACT; 513
(6) ANY OTHER INFORMATION DEEMED NECESSARY BY THE 516
COMMISSION.
(B) THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 518
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REGISTRATION AN AFFIDAVIT OR CERTIFICATE OF COMPLETION DESCRIBING 520
ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE COMPLETED BY THE 521
APPLICANT IN ANY OF THE FOLLOWING AREAS:
(1) CONTRACTS; 523
(2) CONTRACT NEGOTIATIONS; 525
(3) COMPLAINT RESOLUTION; 527
(4) ARBITRATION; 529
(5) DISPUTE RESOLUTION. 531
AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE SHALL 534
SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD STANDING ISSUED 535
BY THE SUPREME COURT OF OHIO IN LIEU OF AN AFFIDAVIT OR 536
CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.
(C) AN APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR 539
REGISTRATION AN APPLICATION FEE IN AN AMOUNT DETERMINED BY THE 540
COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 542
REVISED CODE AND PROOF OF ONE OF THE SECURITIES REQUIRED UNDER 543
SECTION 4771.11 OF THE REVISED CODE.
(D) AN ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF ANY 546
CHANGE IN BUSINESS LOCATION OR ADDRESS DURING THE PERIOD OF 547
APPLICATION FOR REGISTRATION OR DURING THE PERIOD OF TIME THE 548
REGISTRATION OF THE ATHLETE AGENT IS VALID. 549
Sec. 4771.08. (A) UPON RECEIPT OF ALL THE MATERIALS 551
REQUIRED FOR APPLICATION FOR REGISTRATION UNDER SECTION 4771.07 553
OF THE REVISED CODE, THE OHIO ATHLETIC COMMISSION SHALL EVALUATE 555
THE INFORMATION PROVIDED AND ISSUE A CERTIFICATE OF REGISTRATION 556
TO THE APPLICANT, UNLESS THE COMMISSION FINDS THAT THE APPLICANT 557
OR AN EMPLOYEE OR REPRESENTATIVE OF THE APPLICANT HAS COMMITTED 558
ANY OF THE ACTS DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF 559
THE REVISED CODE. 560
(B) THE COMMISSION MAY ISSUE A TEMPORARY CERTIFICATE OF 563
REGISTRATION, EFFECTIVE FOR A PERIOD OF UP TO NINETY DAYS AFTER 564
THE ISSUANCE OF THE TEMPORARY REGISTRATION, TO AN ATHLETE AGENT 565
WHO IS REGISTERED AS AN ATHLETE AGENT IN ANOTHER STATE, OR TO A 566
PERSON WHO HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER 568
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SECTION 4771.07 OF THE REVISED CODE, BUT WHO THE COMMISSION 569
DETERMINES TO HAVE SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE 571
ISSUANCE OF A TEMPORARY CERTIFICATE. 572
(C) THE REGISTRATION OF AN ATHLETE AGENT WITH THE 575
COMMISSION IS VALID FOR A PERIOD OF TWO YEARS AFTER THE DATE THE 576
CERTIFICATE OF REGISTRATION IS ISSUED. AN ATHLETE AGENT SHALL 577
FILE AN APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE 578
COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION OF THE 580
REGISTRATION OF THE ATHLETE AGENT. AN APPLICATION FOR RENEWAL 581
SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT DETERMINED BY 582
THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION 4771.05 OF THE 583
REVISED CODE.
(D) EACH CERTIFICATE OF REGISTRATION ISSUED BY THE 586
COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING 587
INFORMATION: 588
(1) THE NAME OF THE ATHLETE AGENT; 590
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE 592
ATHLETE AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE 593
AGENT;
(3) A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE 595
DATE OF ISSUANCE OF THE REGISTRATION. 596
(E) NO REGISTRATION OR CERTIFICATE OF REGISTRATION IS 599
VALID FOR ANY INDIVIDUAL OTHER THAN THE ATHLETE AGENT TO WHOM IT 600
IS ISSUED.
(F) THE COMMISSION IS NOT LIABLE FOR THE ACTS OF AN 603
ATHLETE AGENT WHO IS REGISTERED WITH THE COMMISSION. 604
Sec. 4771.09. (A) THE OHIO ATHLETIC COMMISSION MAY ISSUE 607
AN ELIGIBLE PERSON A CERTIFICATE OF CONVENIENCE TO CONDUCT 608
BUSINESS AS AN ATHLETE AGENT WHEN A REGISTERED ATHLETE AGENT IS 609
DECEASED, OR DECLARED INCOMPETENT OR PHYSICALLY INFIRM BY THE 610
JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE COMMISSION 611
MAY ISSUE A CERTIFICATE OF CONVENIENCE UPON EITHER RECEIVING 612
APPROVAL TO DO SO FROM A PROBATE COURT OR FINDING THAT THE LAST 613
WILL AND TESTAMENT OF THE ATHLETE AGENT SPECIFICALLY AUTHORIZES 614
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THE EXECUTOR OR ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS 615
OF THE ATHLETE AGENT. 616
(B) THE FOLLOWING PERSONS ARE ELIGIBLE TO OBTAIN A 619
CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS ON BEHALF OF AN 620
ATHLETE AGENT:
(1) THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE 622
DECEASED ATHLETE AGENT; 623
(2) THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS 625
BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE 626
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY 627
INFIRM. 628
(C) A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS 630
AFTER THE DATE IT IS ISSUED. IF THE HOLDER OF A CERTIFICATE OF 631
CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE 632
COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD 633
OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE COMMISSION'S 635
DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF REGISTRATION AS 636
AN ATHLETE AGENT TO THE HOLDER OF THE CERTIFICATE OF CONVENIENCE. 637
Sec. 4771.10. THE COMMISSION MAY REQUIRE EACH REGISTERED 640
ATHLETE AGENT TO COMPLETE NOT MORE THAN SIX HOURS OF CONTINUING 641
EDUCATION DURING A BIENNIAL REGISTRATION IN PROGRAMS TO BE 642
DETERMINED OR APPROVED BY THE COMMISSION. IF THE COMMISSION
IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT 643
LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE 644
DEVOTED TO ETHICS. 645
A CONTINUING EDUCATION PROGRAM SHALL PROMOTE THE ABILITY OF 648
AN ATHLETE AGENT TO SERVE AS AN ATHLETE AGENT IN AN ETHICAL AND 649
LEGAL MANNER. A CONTINUING EDUCATION PROGRAM MAY ADDRESS LAWS 650
AND RULES GOVERNING ATHLETE AGENTS AND RULES AND POLICIES 651
ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE ATHLETIC 652
ORGANIZATION. AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT FOR 653
CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING LECTURES, 654
COURSES AT INSTITUTIONS OF HIGHER EDUCATION, SEMINARS, OR 655
RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY THE 656
15
COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE
PROFESSION OF AN ATHLETE AGENT. 657
IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL 659
CONTINUING EDUCATION REQUIREMENTS UNDER THIS SECTION, THE 660
COMMISSION SHALL ADOPT RULES TO CARRY OUT THE PURPOSES OF THIS 661
SECTION. THE RULES SHALL CONTAIN PROCEDURES BY WHICH THE 662
COMMISSION SHALL MONITOR AN ATHLETE AGENT'S COMPLIANCE WITH THE 663
CONTINUING EDUCATION REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE 664
AGENT'S CERTIFICATE OF REGISTRATION. 665
Sec. 4771.11. (A) PRIOR TO ISSUING A CERTIFICATE OF 667
REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN 668
ATHLETE AGENT TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES: 670
(1) A SURETY BOND IN THE AMOUNT OF FIFTEEN THOUSAND 674
DOLLARS IN FAVOR OF THE STATE OF OHIO FOR THE BENEFIT OF ANY 675
PERSON WHO IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 676
ADOPTED UNDER THIS CHAPTER;
(2) A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS 678
ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY 679
PERSON THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES 680
ADOPTED UNDER THIS CHAPTER, IN THE AMOUNT OF FIFTEEN THOUSAND 682
DOLLARS;
(3) CERTIFICATION FROM AN INSURANCE CARRIER INDICATING 684
THAT THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE 685
INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND 686
DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION. 687
AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND, A 690
CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR
PROFESSIONAL MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY 691
THE COMMISSION. 692
(B) THE COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF 695
THE STATE, ANY SURETY BOND OR OTHER FORM OF SECURITY DEPOSITED 697
WITH THE COMMISSION BY AN ATHLETE AGENT. THE COMMISSION SHALL 698
HOLD THE SECURITY IN TRUST CONTINGENT ON AN ATHLETE AGENT'S 699
COMPLIANCE WITH ALL PROVISIONS OF THIS CHAPTER INCLUDING THE 700
16
PAYMENT OF ALL MONEYS OWED TO AN ATHLETE, GROUP OF ATHLETES, 701
EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION, AND 702
THE PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE 703
RESULT OF A MISSTATEMENT, MISREPRESENTATION, FRAUDULENT ACT, 705
DECEIT, OR UNLAWFUL OR NEGLIGENT ACT OR OMISSION BY AN ATHLETE 706
AGENT IN THE COURSE OF SERVING AS AN ATHLETE AGENT, OR BY A 707
REPRESENTATIVE OR EMPLOYEE OF AN ATHLETE AGENT WHEN THE 708
REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE OF THE 710
REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY. THE COMMISSION MAY USE
FUNDS HELD ON DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY 712
AN ATHLETE AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A 713
COURT OR ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE 714
ATHLETE AGENT. 715
(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 718
THE LIABILITY OF AN ATHLETE AGENT TO THE AMOUNT OF THE SURETY 719
BOND, MALPRACTICE COVERAGE, OR OTHER SECURITY HELD ON DEPOSIT BY 720
THE COMMISSION.
(D) AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED 722
UNDER THIS SECTION. IF AN ATHLETE AGENT FAILS TO MAINTAIN THE 724
SECURITY AS REQUIRED UNDER THIS SECTION, THE COMMISSION SHALL 726
SUSPEND THE REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE 727
AGENT PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT, 728
ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL MALPRACTICE INSURANCE, 730
AS REQUIRED UNDER THIS SECTION.
(E) THE LIABILITY OF THE SURETY ON A BOND DESCRIBED IN 734
DIVISION (A) OF THIS SECTION SHALL NOT EXCEED THE SUM OF FIFTEEN 735
THOUSAND DOLLARS IN THE AGGREGATE FOR ALL PERSONS WHO ARE INJURED 736
BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES ADOPTED UNDER 737
THIS CHAPTER.
(F) A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A) 739
OF THIS SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE 741
AGENT AND THE COMMISSION STATING THAT THE BOND CANCELS SIXTY DAYS 742
AFTER THAT NOTICE IS MAILED. THE LIABILITY OF THE SURETY FOR 743
ACTS OF THE ATHLETE AGENT CONTINUES DURING THAT SIXTY-DAY PERIOD. 744
17
THE CANCELLATION NOTICE DOES NOT ABSOLVE THE SURETY FROM 745
LIABILITY THAT ACCRUES BEFORE THE CANCELLATION DATE BUT THAT IS 746
DISCOVERED AFTER THAT DATE.
(G) THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER 748
FORM OF SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE 749
ATHLETE AGENT SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER 750
THE PERSON CEASES TO SERVE AS AN ATHLETE AGENT IN THIS STATE. 751
Sec. 4771.12. (A) FEES CHARGED BY AN ATHLETE AGENT FOR 754
SERVICES PROVIDED TO AN ATHLETE MAY BE NEGOTIATED BETWEEN THE 755
PARTIES.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS 757
SECTION, AN ATHLETE AGENT SHALL ESTABLISH AN INTEREST-BEARING 759
TRUST FUND OR SIMILAR ACCOUNT IN A DEPOSITORY APPROVED BY THE 760
OHIO ATHLETIC COMMISSION TO BE USED FOR THE DEPOSIT OF ALL 761
REVENUES RECEIVED ON BEHALF OF AN ATHLETE. AN ATHLETE AGENT 762
SHALL DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN ATHLETE IN THE 763
INTEREST-BEARING TRUST FUND OR ACCOUNT. THE ATHLETE AGENT SHALL 764
NOTIFY THE COMMISSION OF THE ADDRESS AND LOCATION OF THE TRUST 765
FUND OR ACCOUNT AND THE DEPOSITORY IN WHICH IT IS LOCATED. 766
(2) AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO 768
PRACTICE LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON 769
BEHALF OF AN ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE 770
AGENT ATTORNEY IN A FINANCIAL INSTITUTION IN THIS STATE FOR THE 771
DEPOSIT OF REVENUE RECEIVED ON BEHALF OF CLIENTS. 772
(C) NO ATHLETE AGENT SHALL SHARE FEES WITH ANY PERSON 775
OTHER THAN AN EMPLOYEE OF THE ATHLETE AGENT. IF AN ATHLETE AGENT 776
SHARES A FEE WITH AN EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN 777
WRITTEN CONSENT FROM THE ATHLETE PRIOR TO ENTERING A FEE 778
AGREEMENT WITH THE ATHLETE. NO ATHLETE AGENT SHALL ENTER FEE 779
AGREEMENTS THAT ARE PROHIBITED UNDER THIS CHAPTER. 780
(D) IF AN ATHLETE AGENT COLLECTS A FEE OR EXPENSE FROM AN 783
ATHLETE AS CONSIDERATION FOR OBTAINING EMPLOYMENT FOR THE 784
ATHLETE, AND THE ATHLETE AGENT FAILS TO PROCURE SUCH EMPLOYMENT, 785
THE AGENT SHALL RETAIN ONLY THE FOLLOWING PORTION OF THE FEE OR 786
18
EXPENSE:
(1) THE COST OF REASONABLE EXPENSES INCURRED BY THE 788
ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN 789
EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE; 790
(2) A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE 792
THE ATHLETE RECEIVES A BONUS OR SOME COMPENSATION FOR SIGNING A 794
PROFESSIONAL SPORTS SERVICES CONTRACT.
(E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT 797
THE AUTHORITY OF THE OHIO SUPREME COURT TO ESTABLISH OR REGULATE 798
FEES FOR ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW. 799
Sec. 4771.13. NO ATHLETE AGENT SHALL ACT ON BEHALF OF AN 802
ATHLETE AS A "DEALER" OR "INVESTMENT ADVISOR," AS DEFINED IN 803
SECTION 1707.01 OF THE REVISED CODE, UNLESS THE ATHLETE AGENT 805
COMPLIES WITH CHAPTER 1707. OF THE REVISED CODE. 809
AN ATHLETE AGENT SHALL DISCLOSE TO AN ATHLETE AND THE OHIO 812
ATHLETIC COMMISSION ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS 813
IN AN ENTITY REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE 814
ATHLETE CONCERNING INVESTMENTS. AN ATHLETE AGENT SHALL DISCLOSE 815
ANY COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT 816
OF AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO 817
INVESTMENT ADVICE FROM THE ATHLETE AGENT. 818
Sec. 4771.14. (A) AN ATHLETE AGENT SHALL MAINTAIN ALL OF 821
THE FOLLOWING RECORDS:
(1) THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE 823
ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE 824
FOR COMPENSATION; 825
(2) THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE 827
PERFORMANCE OF SERVICES FOR EACH ATHLETE; 828
(3) A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE 830
ATHLETE AGENT AND EACH ATHLETE; 831
(4) ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION 833
FINDS APPROPRIATE IN CONNECTION WITH THE PROVISION OF SERVICES BY 835
AN ATHLETE AGENT. 836
(B) AN ATHLETE AGENT SHALL MAINTAIN ALL RECORDS REQUIRED 839
19
TO BE MAINTAINED PURSUANT TO THIS SECTION, IN A MANNER THAT THE 840
COMMISSION SHALL PRESCRIBE, FOR A PERIOD OF FIVE YEARS. 841
(C) NO ATHLETE AGENT OR EMPLOYEE OR REPRESENTATIVE OF AN 844
ATHLETE AGENT SHALL MAKE, OR CAUSE TO BE MADE, ANY FALSE RECORDS 845
OR RECORDS CONTAINING FALSE INFORMATION. 846
(D) ALL FINANCIAL RECORDS, FINANCIAL BOOKS, AND OTHER 849
RECORDS NOT SUBJECT TO THE ATTORNEY-CLIENT PRIVILEGE THAT ARE 850
REQUIRED TO BE MAINTAINED PURSUANT TO THIS CHAPTER SHALL BE OPEN 851
TO INSPECTION BY THE COMMISSION AND ITS REPRESENTATIVES, UPON 852
REASONABLE NOTICE, AT THE PLEASURE OF THE COMMISSION. 853
Sec. 4771.15. AN ATHLETE AGENT MAY ENGAGE IN THE FOLLOWING 856
CONDUCT:
(A) PROVIDE OR SEND WRITTEN MATERIALS TO AN ATHLETE IF THE 859
ATHLETE AGENT SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE 860
MATERIALS TO THE ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR 861
PERSON OF SIMILAR POSITION, AT THE EDUCATIONAL INSTITUTION OR 863
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 864
OR TO THE INSTITUTION OF HIGHER EDUCATION TO WHICH THE ATHLETE 866
PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS; 867
(B) CONTACT AN ATHLETE AFTER AN ATHLETE INITIATES CONTACT 870
WITH AN ATHLETE AGENT, PROVIDED THAT THE ATHLETE AGENT PROVIDES 871
NOTICE, IN ACCORDANCE WITH THIS CHAPTER, TO THE EDUCATIONAL 872
INSTITUTION OR THE INSTITUTION OF HIGHER EDUCATION IN WHICH THE 874
ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO
WHICH THE ATHLETE HAS PROVIDED A WRITTEN NOTICE OF INTENT TO 876
PARTICIPATE IN INTERCOLLEGIATE ATHLETICS; 877
(C) PARTICIPATE IN EDUCATIONAL PROGRAMS SPONSORED BY AN 880
INSTITUTION OF HIGHER EDUCATION OR A PROFESSIONAL SPORTS 881
COUNSELING PANEL AT AN INSTITUTION OF HIGHER EDUCATION. 882
Sec. 4771.16. NO ATHLETE AGENT SHALL PUBLISH OR CAUSE TO 885
BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,
ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE, 886
FRAUDULENT, OR MISLEADING. ALL ADVERTISEMENTS OF AN ATHLETE 887
20
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF 888
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS 889
REGISTERED WITH THE OHIO ATHLETIC COMMISSION. 890
AS USED IN THIS SECTION, "ADVERTISEMENT" INCLUDES 893
CIRCULARS, SIGNS, NEWSPAPER OR MAGAZINE PUBLICATIONS, OR OTHER 894
ORAL OR WRITTEN COMMUNICATION THAT NAMES THE ATHLETE AGENT IN 895
CONNECTION WITH THE PROVISION OF SERVICES AS AN ATHLETE AGENT. 896
Sec. 4771.17. NO ATHLETE AGENT SHALL DO ANY OF THE 898
FOLLOWING: 899
(A) PROVIDE FALSE INFORMATION OR MAKE FALSE PROMISES OR 902
REPRESENTATIONS CONCERNING THE EMPLOYMENT OF AN ATHLETE; 903
(B) ENGAGE IN ANY CONDUCT THAT DEMONSTRATES BAD FAITH OR 906
DISHONESTY IN CONNECTION WITH THE PERFORMANCE OF SERVICES AS AN 907
ATHLETE AGENT;
(C) COMMINGLE MONEY OR PROPERTY OF AN ATHLETE WITH THE 910
AGENT'S OWN MONEY OR PROPERTY;
(D) OFFER ANYTHING OF VALUE TO A PERSON IN ORDER TO INDUCE 913
AN ATHLETE TO ENTER INTO AN AGREEMENT PURSUANT TO WHICH THE 914
ATHLETE AGENT REPRESENTS THE INTERESTS OF THE ATHLETE; 915
(E) ENGAGE IN RECKLESS OR INTENTIONAL MISMANAGEMENT OR 918
MISCONDUCT AS AN ATHLETE AGENT WHERE SUCH CONDUCT RESULTS IN 919
FINANCIAL HARM TO AN ATHLETE OR AN EDUCATIONAL INSTITUTION OR 920
INSTITUTION OF HIGHER EDUCATION;
(F) VIOLATE THE RULES OF THE ATHLETIC CONFERENCE OR 923
COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE 924
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN 925
WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE 926
ELIGIBILITY OF THE ATHLETE TO PARTICIPATE IN ATHLETIC COMPETITION 928
OR OTHERWISE PENALIZE THE EDUCATIONAL INSTITUTION OR INSTITUTION 929
OF HIGHER EDUCATION; 930
(G) AID OR ABET ANOTHER IN CONDUCT THAT VIOLATES THE RULES 933
OF THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION 934
GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR 935
INSTITUTION OF HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED, 937
21
WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE ATHLETE TO 938
PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE 939
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION; 941
(H) MAKE ANY CONTACT WITH AN ATHLETE THAT IS PROHIBITED 944
UNDER THIS CHAPTER, OTHER STATE OR FEDERAL LAW, OR THE RULES OF 945
ANY ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION; 946
(I) POST-DATE AN AGENT OR PROFESSIONAL SPORTS SERVICES 949
CONTRACT;
(J) LOAN OR ADVANCE MONEY TO AN ATHLETE OR THE FAMILY OR 952
FRIENDS OF AN ATHLETE IN CONNECTION WITH THE RECRUITMENT OR 953
SOLICITATION OF THE ATHLETE; 954
(K) PROVIDE TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER 957
SERVICES TO AN ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN 958
CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF AN ATHLETE; 959
(L) PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR 961
MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE 962
AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE 963
AGENT. 964
Sec. 4771.18. (A) THE OHIO ATHLETIC COMMISSION MAY REFUSE 967
TO GRANT OR RENEW A REGISTRATION, OR MAY SUSPEND OR REVOKE A 969
REGISTRATION OF AN ATHLETE AGENT UPON PROOF SATISFACTORY TO THE 970
COMMISSION THAT THE ATHLETE AGENT OR AN EMPLOYEE OR 971
REPRESENTATIVE OF THE ATHLETE AGENT HAS DONE ANY OF THE 972
FOLLOWING:
(1) MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL 974
NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE AGENT; 976
(2) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN 978
CONNECTION WITH THE PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS 980
OR ANOTHER STATE;
(3) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE 982
INVOLVING ILLEGAL GAMBLING; 983
(4) ENGAGED IN CONDUCT THAT HAS A SIGNIFICANT ADVERSE 986
IMPACT ON THE APPLICANT'S CREDIBILITY, INTEGRITY, OR COMPETENCE 987
TO SERVE IN A FIDUCIARY CAPACITY; 988
22
(5) MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC 990
CONDUCT THAT WOULD RENDER THE APPLICANT UNFIT TO SERVE IN A 992
FIDUCIARY CAPACITY, INCLUDING BEING CONVICTED OF OR PLEADING 993
GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR FRAUD; 994
(6) VIOLATED A PROVISION OF THIS CHAPTER OR A RULE ADOPTED 997
UNDER THIS CHAPTER.
(B) UPON RECEIVING A COMPLAINT OF A VIOLATION OF THIS 1,000
CHAPTER OR A RULE ADOPTED UNDER IT, THE COMMISSION SHALL CONDUCT 1,001
AN INVESTIGATION OF THE COMPLAINT. IF THE COMMISSION FINDS 1,002
REASONABLE CAUSE TO BELIEVE A VIOLATION OCCURRED, THE COMMISSION 1,003
SHALL CONDUCT A HEARING IN ACCORDANCE WITH CHAPTER 119. OF THE 1,005
REVISED CODE TO DETERMINE IF A VIOLATION OCCURRED. IF THE 1,007
COMMISSION FINDS A VIOLATION OCCURRED, THE COMMISSION MAY SUSPEND 1,008
OR REVOKE, OR REFUSE TO ISSUE OR RENEW, THE REGISTRATION OF AN 1,009
ATHLETE AGENT FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS 1,010
APPROPRIATE. 1,011
UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION 1,013
FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE 1,014
COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION 1,015
OCCURRED. THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL 1,016
PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL, RETURN 1,018
RECEIPT REQUESTED. THE CERTIFICATION SHALL BE CONSIDERED A FINAL 1,019
RESOLUTION OF THE MATTER IF NO OBJECTION TO THE CERTIFICATION IS 1,020
FILED. A PARTY INVOLVED IN THE COMPLAINT MAY FILE AN OBJECTION 1,021
TO THE CERTIFICATION WITH THE COMMISSION WITHIN TEN DAYS AFTER 1,022
THE DATE THE CERTIFICATION IS MAILED. IF A PARTY FILES AN 1,023
OBJECTION TO THE CERTIFICATION WITHIN THE PRESCRIBED PERIOD, THE 1,024
COMMISSION, WITHIN ITS DISCRETION, MAY CONDUCT A HEARING IN 1,025
ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE TO DETERMINE IF 1,028
A VIOLATION OCCURRED. 1,029
Sec. 4771.19. A PERSON WHO IS INJURED BY A VIOLATION OF 1,032
THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL AND EQUITABLE 1,033
RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING JURISDICTION 1,034
OVER THE MATTER. THE PLAINTIFF ALSO MAY NAME THE SURETY, THE 1,035
23
NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE AGENT UNDER 1,036
THIS CHAPTER, OR THE CARRIER OF MALPRACTICE INSURANCE FOR AN 1,037
ATHLETE AGENT AS ADDITIONAL PARTIES TO THE ACTION. THIS CAUSE OF 1,038
ACTION MAY BE TRANSFERRED OR ASSIGNED IN THE SAME MANNER AS 1,039
PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW. THE AMOUNT OF 1,040
DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE AMOUNT OF BOND, 1,041
SECURITY, OR INSURANCE HELD IN THE NAME OF AN ATHLETE AGENT, 1,042
DETERMINES THE JURISDICTION OF THE COURT IN WHICH THE ACTION IS 1,043
BROUGHT. IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,045
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,046
Sec. 4771.20. (A) AN INSTITUTION OF HIGHER EDUCATION MAY 1,049
BRING A CIVIL ACTION AGAINST AN ATHLETE AGENT WHO VIOLATES THIS 1,050
CHAPTER FOR COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, 1,051
AND EQUITABLE RELIEF AS THE COURT FINDS APPROPRIATE. A COURT MAY 1,053
GRANT EQUITABLE RELIEF TO A PLAINTIFF UNDER THIS SECTION TO 1,054
PREVENT HARM THAT COULD RESULT FROM THE ACTS OR OMISSIONS OF AN 1,056
ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE
LIKELIHOOD THAT A VIOLATION OCCURRED. 1,057
(B) FOR PURPOSES OF THIS SECTION, AN INSTITUTION OF HIGHER 1,060
EDUCATION SUFFERS HARM WHEN, AS THE RESULT OF THE ACTS OF AN 1,061
ATHLETE AGENT OR AN ATHLETE, BOTH OF THE FOLLOWING OCCUR: 1,062
(1) THE INSTITUTION OR AN ATHLETE ENROLLED AT THE 1,064
INSTITUTION IS PENALIZED OR IS DECLARED INELIGIBLE TO COMPETE IN 1,066
INTERCOLLEGIATE ATHLETICS BY A NATIONAL ASSOCIATION THAT PROMOTES 1,067
OR REGULATES INTERCOLLEGIATE ATHLETICS OR BY AN INTERCOLLEGIATE 1,068
ATHLETIC CONFERENCE.
(2) AS A RESULT OF THE PENALTY OR DECLARATION OF 1,070
INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES 1,071
ANY OF THE FOLLOWING: 1,072
(a) A LOSS OF THE ABILITY TO GRANT AN ATHLETIC 1,074
SCHOLARSHIP;
(b) A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE; 1,076
(c) A LOSS OF ELIGIBILITY TO PARTICIPATE IN 1,078
INTERCOLLEGIATE COMPETITION; 1,079
24
(d) A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON 1,081
ATHLETIC COMPETITION; 1,082
(e) A FORFEITURE OF ANY ATHLETIC CONTEST; 1,084
(f) AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED 1,086
TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR 1,087
LOST TICKET SALES. 1,088
(C) AN INSTITUTION OF HIGHER EDUCATION THAT PREVAILS IN AN 1,091
ACTION BROUGHT UNDER THIS SECTION MAY RECOVER COMPENSATORY AND 1,092
PUNITIVE OR EXEMPLARY DAMAGES. A COURT ALSO MAY AWARD COURT 1,094
COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF. 1,095
(D) IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT 1,097
SHALL NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY. 1,098
Sec. 4771.21. ANY PERSON WHO CONDUCTS BUSINESS IN THIS 1,100
STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION OF THE 1,102
COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS REGISTERED AS 1,103
AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION. 1,104
IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND 1,106
THEREAFTER LEAVES THIS STATE WITH INTENT TO DEFRAUD CREDITORS OR 1,108
TO AVOID SERVICE OF PROCESS IN AN ACTION BROUGHT UNDER THIS 1,110
CHAPTER, THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE 1,111
OF THE STATE OF OHIO THE AGENT OF THE ATHLETE AGENT FOR PURPOSES 1,113
OF SERVICE OF PROCESS IN ANY CIVIL ACTION OR PROCEEDING 1,114
INSTITUTED IN THE COURTS OF THIS STATE AGAINST THE ATHLETE AGENT 1,115
ARISING OUT OF, OR BY REASON OF, THE ATHLETE AGENT'S CONDUCT 1,116
WITHIN THIS STATE. THIS APPOINTMENT IS IRREVOCABLE. 1,117
THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE 1,119
PROCESS IS DIRECTED OR BY THE SHERIFF OF FRANKLIN COUNTY. THE 1,121
PROCESS SHALL BE SERVED AS FOLLOWS:
(A) UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND 1,123
A TRUE AND ATTESTED COPY OF THE PROCESS AT THE OFFICE OF THE 1,125
SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY 1,126
OF THE PROCESS; AND 1,127
(B) BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST 1,129
KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A LIKE TRUE 1,131
25
AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE
PROCESS OF THE SERVICE UPON THE SECRETARY OF STATE. THE 1,133
REGISTERED MAIL RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED 1,134
TO AND MADE A PART OF THE RETURN OF SERVICE OF THE PROCESS. 1,135
Sec. 4771.99. (A) Whoever violates section 4771.02 1,144
4771.06 OR DIVISION (J) OR (K) OF SECTION 4771.17 of the Revised 1,146
Code is guilty of a misdemeanor of the first degree. 1,147
(B) AN ATHLETE AGENT WHO VIOLATES DIVISION (C) OF SECTION 1,150
4771.02 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE
FIRST DEGREE.
Section 2. That existing sections 3773.33, 3773.34, 1,152
3773.56, 4771.01, 4771.02, 4771.04, and 4771.99 and sections 1,153
4771.05 and 4771.06 of the Revised Code are hereby repealed. 1,154
Section 3. Notwithstanding section 3773.33 of the Revised 1,156
Code, as amended by this act, the member of the Ohio Athletic 1,157
Commission who is knowledgeable and experienced in college 1,158
athletics shall be appointed to serve a three-year term beginning 1,159
upon the expiration of the term of the member of the Commission 1,160
whose term expires on the earliest date after the effective date 1,161
of this act. The member who is knowledgeable and experienced in 1,162
high school athletics shall be appointed to serve a three-year 1,163
term beginning on the expiration of the term of the member of the 1,165
Commission whose term expires second in time after the effective 1,166
date of this act. The member who is knowledgeable and
experienced in professional athletics shall be appointed to serve 1,167
a three-year term beginning on the expiration of the term of the 1,168
member of the Commission whose term expires third in time after 1,169
the effective date of this act. Thereafter, members shall be 1,170
appointed to and serve on the Commission in accordance with 1,171
section 3773.33 of the Revised Code. 1,172