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|
As Passed by the Senate
123rd General Assembly
Regular Session
1999-2000 | Am. Sub. H. B. No. 107 |
REPRESENTATIVES TIBERI-GARDNER-CORBIN-WILLAMOWSKI-
TAYLOR-BEATTY-EVANS-JONES-HARTNETT-CORBIN-PERRY-BARNES-
BOYD-YOUNG-OGG-GRENDELL-
SENATORS WATTS-SPADA-HARRIS-
NEIN-JOHNSON-LATTA-MUMPER-WHITE
A BILL
To amend sections 3773.33, 3773.34, 3773.56, 4771.01, 4771.02, 4771.04,
and 4771.99, to enact new sections 4771.05 and 4771.06 and
sections 4771.07 to 4771.21,
and to repeal sections 4771.05 and 4771.06 of the
Revised Code to establish a system for the registration and
regulation of athlete
agents.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections
3773.33, 3773.34, 3773.56, 4771.01, 4771.02, 4771.04, and 4771.99
be amended and new sections 4771.05 and 4771.06 and sections
4771.07, 4771.08, 4771.09, 4771.10, 4771.11, 4771.12, 4771.13,
4771.14, 4771.15, 4771.16, 4771.17, 4771.18, 4771.19,
4771.20, and 4771.21 of the Revised Code be enacted to read as follows:
Sec. 3773.33. (A) There is hereby created the
Ohio athletic commission. The commission shall
consist of five voting members appointed by the governor with the
advice and consent of
the senate, not more than three of whom shall be of the same
political party, and two nonvoting members, one of whom shall be
a member of the senate appointed by and to serve at the pleasure
of the president of the senate and one of whom shall be a member
of the house of representatives appointed by and to serve at the
pleasure of the speaker of the house of representatives. To be
eligible for appointment as a voting member a person shall be a
qualified elector, AND a resident of the state for not less than
five
years immediately preceding the person's appointment, and.
TWO VOTING MEMBERS SHALL BE knowledgeable in boxing, AT
LEAST ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN HIGH SCHOOL
ATHLETICS, ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE AND EXPERIENCED IN
PROFESSIONAL ATHLETICS, AND AT LEAST ONE VOTING MEMBER SHALL BE KNOWLEDGEABLE
AND
EXPERIENCED IN COLLEGIATE ATHLETICS. One commission
member shall hold the degree of
doctor of medicine or doctor of osteopathy.
(B) No person shall be appointed to the commission or be an employee of
the commission who is licensed, REGISTERED, or regulated
by the commission. No member
shall have any legal or beneficial interest, direct or indirect, pecuniary or
otherwise, in any person who is licensed, REGISTERED, or
regulated by the commission or who
participates in prize fights or public boxing or wrestling matches or
exhibitions. No member shall
participate in any fight, match, or exhibition other than in the
member's official capacity as a member of the commission, or as an
inspector as authorized in section 3773.52 of the Revised Code.
(C) The governor shall appoint the voting members to the commission. Of the
initial appointments, two shall be for terms ending one year after the
effective date of this section SEPTEMBER 3, 1996,
two shall be for terms ending two years after
the effective date of this section SEPTEMBER 3,
1996, and one shall be for a term ending three
years after the effective date of this section
SEPTEMBER 3, 1996. Thereafter, terms of office
shall be for three years, each term ending the same day of the same month of
the year as did the term which it succeeds. Each member shall hold office
from the date of the member's appointment until the end of the term for which
the member was appointed. Any member appointed to fill a vacancy occurring
prior to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of the term. Any member shall
continue in office subsequent to
the expiration date of the member's term until
the member's successor takes office,
or until a period of sixty days has elapsed, whichever occurs
first.
The governor shall name one voting member as chairperson of the commission
at the time of making the appointment of any member for a full term. Three
voting members shall constitute a quorum, and the affirmative vote of three
voting members shall be necessary for any action taken by the commission. No
vacancy on the commission impairs the authority of the remaining members to
exercise all powers of the commission.
Voting members, when engaged in commission duties, shall
receive a per diem compensation determined in accordance with division
(J) of section 124.15 of the Revised Code, and all members shall
receive their actual and necessary expenses incurred in the performance of
their official duties.
Each voting member, before entering upon the discharge of
the member's duties, shall file a surety bond payable to the treasurer of
state in the sum of ten thousand dollars. Each surety bond shall
be conditioned upon the faithful performance of the duties of the
office, executed by a surety company authorized to transact
business in this state, and filed in the office of the secretary
of state.
The governor may remove any voting member for malfeasance,
misfeasance, or nonfeasance in office after giving the member a
copy of the charges against the member and affording the member an opportunity
for a public hearing, at which the member may be represented by
counsel, upon not less than ten days' notice. If the member is
removed, the governor shall file a complete statement of all
charges made against the member and the governor's finding
thereon in the office of the secretary of state, together with a
complete report of the proceedings. The governor's decision
shall be final.
(D) The commission shall maintain an office in Youngstown
and keep all of its permanent records there.
Sec. 3773.34. (A) The Ohio athletic commission shall adopt
and may amend or rescind rules in accordance with Chapter 119. of
the Revised Code, prescribing the conditions under which prize
fights and public boxing or wrestling matches or exhibitions may
be conducted, classifying
professional boxers by weight, and providing for the
administration of sections 3773.31 to 3773.57 of the Revised
Code. The rules may require that an applicant for a contestant's license
to participate in a public boxing match or exhibition take an HIV
test, as defined in section 3701.24 of the Revised Code, before being issued
the
contestant's license and may require that a licensed contestant take such an
HIV test before participating in a public boxing match or exhibition.
The commission may issue, deny, suspend, or revoke permits
to hold prize fights and public boxing or
wrestling matches or exhibitions, and may issue,
deny, suspend, or revoke licenses to persons engaged in any public
boxing match or exhibition as authorized by sections 3773.31 to 3773.57
of the Revised Code.
(B) IN ADDITION TO THE DUTIES SET FORTH IN THIS CHAPTER, THE OHIO
ATHLETIC COMMISSION SHALL TAKE ACTION AS NECESSARY TO CARRY OUT THE PROVISIONS
OF CHAPTER 4771. of the Revised Code GOVERNING ATHLETE AGENTS.
(C) On or before the thirty-first day of December of each
year, the commission shall make a report to the governor of its
proceedings for the year ending on the first day of December of
that calendar year, and may include in the report any
recommendations pertaining to its duties.
Sec. 3773.56. The Ohio athletic
commission may appoint an executive director and employ such
persons as are necessary to administer sections 3773.31 to 3773.57 AND
CHAPTER 4771. of the
Revised Code and fix their compensation. Such executive director and
employees shall serve in the unclassified status and at
the pleasure of the commission.
All receipts received by the commission under sections 3773.31 to
3773.57 AND CHAPTER 4771. of the Revised Code
shall be deposited in the occupational licensing and
regulatory fund. All vouchers of the commission shall be
approved by the chairperson of the
commission.
Sec. 4771.01. As used in sections 4771.01 to 4771.06 of
the Revised Code THIS CHAPTER:
(A) "Agent contract" means any contract or agreement
pursuant to which a student AN athlete authorizes or empowers or
agrees to authorize or empower at some later date a person AN
ATHLETE AGENT to
negotiate or solicit DO any professional sport services
contract on
behalf of the athlete. If a student athlete also engages in a
nonintercollegiate sporting event, contest, exhibition, or
program, "agent contract" does not include any contract or
agreement described in this division if the athlete agent
negotiates or solicits any professional sport services contract
on behalf of the athlete in the nonintercollegiate sport that he
engages in FOLLOWING:
(1) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE ATHLETE WITH ONE OR
MORE PROFESSIONAL SPORTS TEAMS FOR THE EMPLOYMENT OF THE ATHLETE BY A
PROFESSIONAL SPORTS TEAM;
(2) NEGOTIATE OR SOLICIT AN AGREEMENT ON BEHALF OF THE ATHLETE FOR THE
EMPLOYMENT OF THE ATHLETE AS A PROFESSIONAL ATHLETE;
(3) MARKET, OR ENTER AN AGREEMENT TO MARKET, AN ATHLETE OR AN ATHLETE'S
REPUTATION.
(B) "Athlete agent" means any person who offers an agent
contract to, or enters DIRECTLY OR INDIRECTLY RECRUITS OR SOLICITS ANY
ATHLETE TO ENTER into an agent contract with, a student
athlete OR PROFESSIONAL SPORTS SERVICES CONTRACT, OR WHO FOR A FEE
PROCURES, OFFERS, PROMISES, OR ATTEMPTS TO OBTAIN EMPLOYMENT FOR AN ATHLETE
WITH A PROFESSIONAL SPORTS TEAM, OR AS A PROFESSIONAL ATHLETE, OR OTHERWISE
ATTEMPTS TO MARKET AN ATHLETE OR AN ATHLETE'S REPUTATION. Athlete agent
does not include either of the following:
(1) A member of a student athlete's
immediate family;
(2) An attorney from whom a student AN athlete seeks legal
advice concerning a proposed professional sport SPORTS services
contract
if the attorney does not represent the student athlete in
negotiating or soliciting the contract.
(C) "Immediate family" means an individual's spouse,
child, parent, stepparent, grandparent, grandchild, brother,
sister, parent-in-law, brother-in-law, sister-in-law, nephew,
niece, aunt, uncle, first cousin, or the spouse or guardian of
any of the individuals described in this division.
(D) "ATHLETE" MEANS EITHER OF THE
FOLLOWING:
(1) A STUDENT ENROLLED IN ANY EDUCATIONAL INSTITUTION OR INSTITUTION OF
HIGHER EDUCATION IN THIS STATE, WHO PARTICIPATES, OR IS OR MAY BECOME ELIGIBLE
TO PARTICIPATE, IN ANY ATHLETIC SPORTING EVENT, CONTEST, EXHIBITION, OR
PROGRAM AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(2) A STUDENT WHO MEETS ONE OF THE FOLLOWING CRITERIA:
(a) RESIDES IN THIS STATE, IS ELIGIBLE TO PARTICIPATE IN AN
AMATEUR ATHLETIC PROGRAM, AND HAS INFORMED AN EDUCATIONAL INSTITUTION OR
INSTITUTION OF HIGHER EDUCATION, IN WRITING, OF THE STUDENT'S INTENT TO
PARTICIPATE IN THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM;
(b) DOES NOT RESIDE IN THIS STATE BUT IS ELIGIBLE TO PARTICIPATE
IN AN AMATEUR ATHLETIC PROGRAM AND HAS INFORMED, IN WRITING, AN EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN THIS STATE OF THE STUDENT'S
INTENT TO PARTICIPATE IN THAT INSTITUTION'S AMATEUR ATHLETIC PROGRAM.
(D)(E) "Institution of higher education" means a state
university or college or a private nonprofit college or
university located in this state that possesses a certificate of
authorization issued by the Ohio board of regents pursuant to
Chapter 1713. of the Revised Code.
(E)(F) "Professional sport SPORTS services
contract" means
any EITHER OF THE FOLLOWING:
(1) ANY
contract or agreement pursuant to which an individual ATHLETE is
employed
or agrees to render services as a player on a professional sport
SPORTS
team or as a professional athlete;
(2) ANY CONTRACT OR AGREEMENT THAT PROVIDES FOR THE PRESENT OR
FUTURE MARKETING OF AN ATHLETE OR ATHLETE'S REPUTATION.
(F)(G) "State university or college" includes the state
universities listed in section 3345.011 of the Revised Code,
community colleges created pursuant to Chapter 3354. of the
Revised Code, university branches created pursuant to Chapter
3355. of the Revised Code, technical colleges created pursuant to
Chapter 3357. of the Revised Code, and state community colleges
created pursuant to Chapter 3358. of the Revised Code.
(G) "Student athlete" means any individual who is enrolled
as a student at an institution of higher education in this state
and engages in any intercollegiate sporting event, contest,
exhibition, or program
(H) "EDUCATIONAL INSTITUTION" MEANS ANY INSTITUTION
LOCATED IN
THIS STATE, PUBLIC OR PRIVATE, THAT PROVIDES ELEMENTARY OR SECONDARY EDUCATION
TO STUDENTS AS ITS PRIMARY FUNCTION.
Sec. 4771.02. (A) No athlete agent shall enter into an agent
contract with a
student AN athlete unless the agent complies with both
ALL of the following AGENT CONTRACT REQUIREMENTS:
(A)(1) The agent contract is in writing ON A FORM APPROVED
BY THE OHIO ATHLETIC COMMISSION and includes all agreements
between the
parties;
(B) Not less than fourteen days before entering into an agent contract
with a
student athlete, the athlete agent files a copy of the proposed contract with
the official who is responsible for the supervision of the particular sport
program at the institution of higher education at which the student athlete
who is a participant in the program is enrolled.
(2) THE AGENT CONTRACT INCLUDES IN BOLDFACE, TWELVE-POINT
TYPE, ON THE INITIAL PAGE OF THE AGENT CONTRACT, THE FOLLOWING
LANGUAGE:
"THE ATHLETE AGENT ENTERING THIS AGREEMENT IS REGISTERED
TO SERVE AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC COMMISSION.
REGISTRATION OF AN ATHLETE AGENT UNDER CHAPTER 4771. OF THE
REVISED
CODE DOES NOT IMPLY APPROVAL BY
THE COMMISSION OF THE TERMS AND CONDITIONS OF THIS CONTRACT OR
THE COMPETENCE OF THE ATHLETE AGENT."
(3) THE AGENT CONTRACT INCLUDES THE FOLLOWING LANGUAGE IN
BOLDFACE, TWELVE-POINT TYPE, NEAR THE SPACE PROVIDED FOR AN
ATHLETE TO SIGN OR OTHERWISE ACKNOWLEDGE AGREEMENT TO THE TERMS
OF THE CONTRACT:
"WARNING TO THE STUDENT ATHLETE: WHEN YOU SIGN THIS
CONTRACT, YOU MAY IMMEDIATELY LOSE YOUR ELIGIBILITY TO COMPETE IN
ANY AMATEUR OR INTERCOLLEGIATE ATHLETICS. ACCORDINGLY, YOU MUST
GIVE WRITTEN NOTICE THAT YOU HAVE ENTERED INTO THIS CONTRACT TO
THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL
INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN
WHICH YOU ARE ENROLLED, OR TO WHICH YOU HAVE FORMALLY
ACKNOWLEDGED YOUR PLANS TO ATTEND, PRIOR TO THE EARLIER OF PARTICIPATING IN OR
PRACTICING
FOR AN OFFICIALLY SANCTIONED ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC
EVENT, OR SEVENTY-TWO HOURS AFTER ENTERING INTO THIS CONTRACT.
DO NOT SIGN THIS CONTRACT UNTIL YOU HAVE READ IT AND
FILLED IN ANY BLANK SPACES. UNDER OHIO LAW, AS A STUDENT ATHLETE
SIGNING THIS CONTRACT, YOU HAVE THE RIGHT TO RESCIND THIS
CONTRACT FOR A PERIOD OF UP TO TEN DAYS AFTER THE LATEST OF THE
FOLLOWING OCCURRENCES:
(a) THE DATE THE CONTRACT IS SIGNED;
(b) THE DATE THE ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION
AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF
HIGHER EDUCATION IN WHICH YOU ARE ENROLLED, OR HAVE ACKNOWLEDGED
PLANS TO ATTEND, RECEIVES NOTICE OF THIS CONTRACT; OR
(c) THE LAST DATE YOU PARTICIPATE IN AN OFFICIALLY SANCTIONED
ATHLETIC COMPETITION OR INTERCOLLEGIATE
ATHLETIC EVENT IF NO NOTICE OF THIS CONTRACT IS PROVIDED TO THE ATHLETIC
DIRECTOR OR PERSON OF SIMILAR POSITION.
DESPITE CANCELLATION OF THIS CONTRACT, THE EDUCATIONAL INSTITUTION,
INSTITUTION OF HIGHER EDUCATION, OR
INTERCOLLEGIATE ATHLETIC ASSOCIATION OR CONFERENCE TO WHICH YOUR
INSTITUTION OF HIGHER EDUCATION BELONGS MAY NOT RESTORE YOUR ELIGIBILITY TO
PARTICIPATE IN AMATEUR OR INTERCOLLEGIATE ATHLETICS. IF YOU SIGN THIS
CONTRACT PRIOR TO THE LAST OFFICIALLY SANCTIONED ATHLETIC COMPETITION OR
INTERCOLLEGIATE ATHLETIC EVENT YOU PARTICIPATE
IN AND FAIL TO NOTIFY YOUR INSTITUTION OF THIS CONTRACT, YOUR
ATHLETIC TEAM MAY BE REQUIRED TO FORFEIT ALL GAMES IN WHICH YOU
PARTICIPATED AFTER SIGNING. SUCH ACTION ALSO MAY CAUSE YOUR
ATHLETIC TEAM TO BE DECLARED INELIGIBLE FOR POST-SEASON
PLAY."
(4) THE ATHLETE AGENT
AGREES IN THE AGENT CONTRACT TO PROVIDE WRITTEN NOTICE OF THE AGENT CONTRACT
TO THE
ATHLETIC DIRECTOR OR PERSON OF SIMILAR POSITION AT THE EDUCATIONAL INSTITUTION
OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE
ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE TIME THE ATHLETE NEXT
PARTICIPATES
IN OR PRACTICES FOR AN OFFICIALLY SANCTIONED ATHLETIC COMPETITION OR
INTERCOLLEGIATE ATHLETIC EVENT AFTER ENTERING THAT AGENT CONTRACT, OR
SEVENTY-TWO HOURS AFTER
ENTERING THAT AGENT CONTRACT.
(5) ALL TERMS AND CONDITIONS CONTAINED IN THE AGENT
CONTRACT COMPLY WITH STATE AND FEDERAL LAW.
(B) A PROVISION IN AN
AGENT CONTRACT THAT PROVIDES FOR THE RESOLUTION OF ANY
CONTROVERSY IN CONNECTION WITH THE CONTRACT BY ARBITRATION
IS VOID AND UNENFORCEABLE UNLESS BOTH OF THE FOLLOWING APPLY:
(1) THE PROVISION IS CONTAINED IN AN AGENT CONTRACT
BETWEEN AN ATHLETE AGENT AND AN ATHLETE FOR WHOM THE ATHLETE
AGENT UNDERTAKES TO SECURE EMPLOYMENT.
(2) THE PROVISION IS INCLUDED IN THE AGENT CONTRACT
PURSUANT TO A RULE, REGULATION, OR CONTRACT OF A BONA FIDE LABOR
UNION OR ORGANIZATION THAT REGULATES THE RELATIONS OF ITS
MEMBERS WITH ATHLETE AGENTS.
(C) AN ATHLETE AND ATHLETE AGENT WHO ENTER AN AGENT CONTRACT EACH
SHALL PROVIDE WRITTEN NOTICE OF THAT AGENT CONTRACT TO THE ATHLETIC DIRECTOR
OR
PERSON OF SIMILAR POSITION AT THE EDUCATIONAL INSTITUTION OR INSTITUTION OF
HIGHER EDUCATION IN WHICH THE ATHLETE IS ENROLLED PRIOR TO THE EARLIER OF THE
TIME THE ATHLETE NEXT PARTICIPATES IN OR PRACTICES FOR AN OFFICIALLY
SANCTIONED
ATHLETIC COMPETITION OR INTERCOLLEGIATE ATHLETIC EVENT AFTER ENTERING THAT
AGENT CONTRACT, OR SEVENTY-TWO HOURS
AFTER ENTERING THAT AGENT CONTRACT.
Sec. 4771.04. Any agent contract entered into in violation of sections
4771.01
to 4771.06 of the Revised Code THIS CHAPTER shall be void and
unenforceable.
AN AGENT CONTRACT ENTERED INTO IN THIS STATE OR AN AGENT CONTRACT ENTERED
INTO WITH AN ATHLETE WHO IS ENROLLED IN AN EDUCATIONAL INSTITUTION OR
INSTITUTION
OF HIGHER EDUCATION LOCATED IN THIS STATE SHALL BE GOVERNED BY OHIO
LAW.
Sec. 4771.05. THE
OHIO ATHLETIC COMMISSION, ESTABLISHED UNDER SECTION 3773.33 of the Revised Code,
SHALL DO ALL OF THE FOLLOWING:
(A) REVIEW THE APPLICATION FORM OF AN APPLICANT FOR
REGISTRATION AS AN ATHLETE AGENT;
(B) ISSUE AND RENEW BIENNIAL CERTIFICATES OF REGISTRATION FOR AN
ATHLETE
AGENT PURSUANT TO THIS CHAPTER;
(C) MAINTAIN RECORDS OF EVERY ATHLETE AGENT REGISTERED
IN THIS STATE, INCLUDING THE AGENT'S BUSINESS AND
RESIDENTIAL ADDRESS, AND THE DATE AND NUMBER OF THE AGENT'S
REGISTRATION;
(D) ESTABLISH AN APPLICATION FORM TO BE COMPLETED BY AN
INDIVIDUAL SEEKING REGISTRATION AS AN ATHLETE AGENT;
(E) ESTABLISH A FEE FOR THE REGISTRATION, AND
RENEWAL OF THE REGISTRATION, OF AN INDIVIDUAL AS AN ATHLETE AGENT IN
AN AMOUNT NECESSARY TO GENERATE SUFFICIENT FUNDS TO COVER THE
COST OF ADMINISTERING AND ENFORCING THIS CHAPTER;
(F) ADOPT RULES IN ACCORDANCE WITH
CHAPTER 119. of the Revised Code
TO CARRY OUT THE PURPOSES OF THIS CHAPTER.
Sec. 4771.06. NO PERSON SHALL SERVE AS AN ATHLETE AGENT IN THIS STATE
UNLESS THE PERSON HOLDS A CURRENT AND VALID CERTIFICATE OF REGISTRATION AS AN
ATHLETE AGENT ISSUED
UNDER SECTION 4771.08 OF THE
REVISED
CODE, A TEMPORARY CERTIFICATE
ISSUED UNDER SECTION 4771.08 OF THE
REVISED
CODE, OR A TEMPORARY
CERTIFICATE OF CONVENIENCE ISSUED UNDER SECTION 4771.09 OF THE
REVISED
CODE.
Sec. 4771.07. (A) EACH
INDIVIDUAL WHO DESIRES TO SERVE AS AN ATHLETE AGENT WITHIN THIS
STATE SHALL FIRST FILE AN APPLICATION FOR REGISTRATION WITH THE
OHIO ATHLETIC COMMISSION. THE APPLICANT
SHALL APPLY USING A FORM PRESCRIBED BY THE COMMISSION AND
SHALL PROVIDE ALL THE FOLLOWING INFORMATION:
(1) THE NAME AND RESIDENTIAL ADDRESS OF THE
APPLICANT;
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE
APPLICANT WISHES TO CONDUCT BUSINESS AS AN ATHLETE AGENT;
(3) THE TYPE OF BUSINESS CONDUCTED OR THE OCCUPATION HELD BY THE APPLICANT
DURING THE FIVE YEARS IMMEDIATELY PRECEDING APPLICATION;
(4) THE LOCATION AND EVIDENCE OF A TRUST FUND ESTABLISHED IN
ACCORDANCE WITH DIVISION (B) OF SECTION 4771.12 of the Revised Code AND RULES
ADOPTED BY THE
COMMISSION;
(5) THE NAME AND ADDRESS OF ALL PERSONS
WHO HAVE A FINANCIAL INTEREST
IN THE BUSINESS OPERATION OF THE APPLICANT, OR WHO ARE
COMPENSATED FOR THE SOLICITATION OR RECRUITMENT OF ATHLETES ON
BEHALF OF THE APPLICANT, EXCEPT FOR SALARIED EMPLOYEES WHO RECEIVE NO
COMMISSION OR BONUS PURSUANT TO ANY AGENT OR PROFESSIONAL SPORTS SERVICES
CONTRACT;
(6) ANY OTHER INFORMATION DEEMED NECESSARY BY
THE COMMISSION.
(B) THE APPLICANT SHALL SUBMIT WITH THE APPLICATION FOR
REGISTRATION AN AFFIDAVIT OR CERTIFICATE
OF COMPLETION DESCRIBING ALL FORMAL TRAINING OR PRACTICAL EXPERIENCE
COMPLETED BY THE APPLICANT IN ANY OF THE FOLLOWING AREAS:
(1) CONTRACTS;
(2) CONTRACT NEGOTIATIONS;
(3) COMPLAINT RESOLUTION;
(4) ARBITRATION;
(5) DISPUTE RESOLUTION.
AN ATTORNEY ADMITTED TO PRACTICE LAW IN THIS STATE
SHALL SUBMIT WITH THE APPLICATION A CERTIFICATE OF GOOD
STANDING ISSUED BY THE SUPREME COURT OF OHIO IN LIEU OF AN
AFFIDAVIT OR CERTIFICATE OTHERWISE REQUIRED UNDER THIS DIVISION.
(C) AN APPLICANT SHALL
SUBMIT WITH THE APPLICATION FOR REGISTRATION AN APPLICATION FEE IN AN AMOUNT
DETERMINED BY THE
COMMISSION
PURSUANT TO DIVISION (F) OF SECTION 4771.05 of the Revised Code AND PROOF OF ONE OF
THE SECURITIES REQUIRED UNDER SECTION 4771.11 of the Revised Code.
(D) AN ATHLETE AGENT SHALL
NOTIFY THE COMMISSION OF ANY CHANGE IN BUSINESS LOCATION OR
ADDRESS DURING THE PERIOD OF APPLICATION FOR REGISTRATION OR
DURING THE PERIOD OF TIME THE REGISTRATION OF THE ATHLETE AGENT
IS VALID.
Sec. 4771.08. (A) UPON RECEIPT OF ALL THE MATERIALS REQUIRED FOR
APPLICATION
FOR REGISTRATION UNDER SECTION 4771.07 OF THE REVISED CODE,
THE
OHIO ATHLETIC COMMISSION SHALL EVALUATE THE INFORMATION PROVIDED AND
ISSUE A CERTIFICATE OF REGISTRATION TO THE APPLICANT, UNLESS
THE COMMISSION FINDS THAT THE APPLICANT OR AN EMPLOYEE OR
REPRESENTATIVE OF THE APPLICANT HAS COMMITTED ANY OF THE ACTS
DESCRIBED IN DIVISION (A) OF SECTION 4771.18 OF THE REVISED
CODE.
(B) THE COMMISSION MAY
ISSUE A TEMPORARY CERTIFICATE OF REGISTRATION, EFFECTIVE
FOR A PERIOD OF UP TO NINETY DAYS AFTER THE ISSUANCE OF THE TEMPORARY
REGISTRATION, TO AN ATHLETE AGENT WHO IS REGISTERED AS AN
ATHLETE AGENT IN ANOTHER STATE, OR TO A
PERSON WHO
HAS NOT SUBMITTED ALL THE MATERIAL REQUIRED UNDER SECTION 4771.07
OF THE REVISED CODE, BUT WHO THE COMMISSION DETERMINES TO
HAVE
SUBMITTED SUFFICIENT MATERIAL TO WARRANT THE ISSUANCE OF A
TEMPORARY CERTIFICATE.
(C) THE REGISTRATION
OF AN ATHLETE AGENT WITH THE COMMISSION IS VALID FOR A
PERIOD OF TWO YEARS AFTER THE DATE THE CERTIFICATE OF REGISTRATION IS ISSUED.
AN ATHLETE AGENT SHALL FILE AN
APPLICATION FOR THE RENEWAL OF A REGISTRATION WITH THE
COMMISSION AT LEAST THIRTY DAYS PRIOR TO THE EXPIRATION
OF THE REGISTRATION OF THE ATHLETE AGENT. AN APPLICATION FOR
RENEWAL SHALL BE ACCOMPANIED BY A RENEWAL FEE IN AN AMOUNT
DETERMINED BY THE COMMISSION PURSUANT TO DIVISION (F) OF SECTION
4771.05 of the Revised Code.
(D) EACH
CERTIFICATE OF REGISTRATION ISSUED BY THE
COMMISSION TO AN ATHLETE AGENT SHALL CONTAIN ALL THE FOLLOWING
INFORMATION:
(1) THE NAME OF THE ATHLETE AGENT;
(2) THE ADDRESS OF THE PRIMARY LOCATION IN WHICH THE ATHLETE
AGENT IS AUTHORIZED TO CONDUCT BUSINESS AS AN ATHLETE AGENT;
(3) A REGISTRATION NUMBER FOR THE ATHLETE AGENT AND THE
DATE OF ISSUANCE OF THE REGISTRATION.
(E) NO REGISTRATION OR
CERTIFICATE OF REGISTRATION IS VALID FOR ANY INDIVIDUAL
OTHER THAN THE ATHLETE AGENT TO WHOM IT IS ISSUED.
(F) THE COMMISSION
IS NOT LIABLE FOR THE ACTS OF AN ATHLETE AGENT
WHO IS REGISTERED WITH THE COMMISSION.
Sec. 4771.09. (A) THE
OHIO ATHLETIC COMMISSION MAY ISSUE AN ELIGIBLE PERSON A
CERTIFICATE OF CONVENIENCE TO CONDUCT BUSINESS AS AN ATHLETE
AGENT WHEN A REGISTERED ATHLETE AGENT IS DECEASED, OR DECLARED
INCOMPETENT OR PHYSICALLY INFIRM BY THE JUDGMENT OF A COURT OF COMPETENT
JURISDICTION. THE COMMISSION MAY ISSUE A CERTIFICATE OF
CONVENIENCE UPON EITHER RECEIVING APPROVAL TO DO SO FROM A
PROBATE COURT OR FINDING THAT THE LAST WILL AND TESTAMENT OF THE
ATHLETE AGENT SPECIFICALLY AUTHORIZES THE EXECUTOR OR
ADMINISTRATOR OF ESTATE TO CONDUCT THE BUSINESS OF THE ATHLETE
AGENT.
(B) THE FOLLOWING PERSONS
ARE ELIGIBLE TO OBTAIN A CERTIFICATE OF CONVENIENCE TO CONDUCT
BUSINESS ON BEHALF OF AN ATHLETE AGENT:
(1) THE EXECUTOR OR ADMINISTRATOR OF THE ESTATE OF THE
DECEASED ATHLETE AGENT;
(2) THE GUARDIAN OF THE ESTATE OF AN ATHLETE AGENT WHO HAS
BEEN DECLARED INCOMPETENT OR THE CONSERVATOR APPOINTED TO MANAGE
THE ESTATE OF AN ATHLETE AGENT WHO HAS BEEN DECLARED PHYSICALLY
INFIRM.
(C) A CERTIFICATE OF CONVENIENCE IS VALID FOR NINETY DAYS
AFTER THE DATE IT IS ISSUED. IF THE HOLDER OF A CERTIFICATE OF
CONVENIENCE APPLIES FOR REGISTRATION AS AN ATHLETE AGENT, THE
COMMISSION MAY RENEW THE CERTIFICATE OF CONVENIENCE FOR A PERIOD
OF TIME THE COMMISSION FINDS APPROPRIATE PENDING THE
COMMISSION'S DETERMINATION WHETHER TO ISSUE A CERTIFICATE OF
REGISTRATION AS AN ATHLETE AGENT TO THE HOLDER OF THE
CERTIFICATE OF CONVENIENCE.
Sec. 4771.10. THE COMMISSION MAY
REQUIRE EACH REGISTERED ATHLETE AGENT TO COMPLETE NOT MORE THAN
SIX HOURS OF CONTINUING EDUCATION DURING A BIENNIAL REGISTRATION
IN PROGRAMS TO BE DETERMINED OR APPROVED BY THE COMMISSION. IF THE COMMISSION
IMPOSES CONTINUING EDUCATION REQUIREMENTS ON ATHLETE AGENTS, NOT
LESS THAN TWO OF THE SIX HOURS OF CONTINUING EDUCATION SHALL BE
DEVOTED TO ETHICS.
A CONTINUING EDUCATION PROGRAM SHALL
PROMOTE THE ABILITY OF AN ATHLETE AGENT TO SERVE AS AN ATHLETE
AGENT IN AN ETHICAL AND LEGAL MANNER. A CONTINUING EDUCATION PROGRAM MAY
ADDRESS LAWS AND RULES GOVERNING ATHLETE AGENTS AND RULES AND
POLICIES ESTABLISHED BY AN ATHLETIC CONFERENCE OR A COLLEGIATE
ATHLETIC ORGANIZATION. AN ATHLETE AGENT ALSO MAY OBTAIN CREDIT
FOR CONTINUING EDUCATION BY PARTICIPATING IN OR ATTENDING
LECTURES, COURSES AT INSTITUTIONS OF HIGHER EDUCATION,
SEMINARS, OR RULE-MAKING OR DISCIPLINARY PROCEEDINGS APPROVED BY
THE COMMISSION, OR BY TEACHING A SUBJECT THAT PERTAINS TO THE
PROFESSION OF AN ATHLETE AGENT.
IF THE COMMISSION REQUIRES ATHLETE AGENTS TO FULFILL CONTINUING
EDUCATION REQUIREMENTS UNDER THIS SECTION, THE COMMISSION SHALL ADOPT
RULES TO CARRY OUT THE PURPOSES OF THIS SECTION. THE RULES SHALL
CONTAIN PROCEDURES BY WHICH THE COMMISSION SHALL MONITOR AN
ATHLETE AGENT'S COMPLIANCE WITH THE CONTINUING EDUCATION
REQUIREMENTS PRIOR TO RENEWAL OF AN ATHLETE AGENT'S CERTIFICATE OF
REGISTRATION.
Sec. 4771.11. (A) PRIOR TO ISSUING A CERTIFICATE OF
REGISTRATION, THE OHIO ATHLETIC COMMISSION SHALL REQUIRE AN
ATHLETE AGENT
TO SUBMIT PROOF OF ONE OF THE FOLLOWING SECURITIES:
(1) A SURETY BOND
IN THE AMOUNT OF FIFTEEN
THOUSAND DOLLARS IN FAVOR OF
THE STATE OF OHIO FOR THE BENEFIT OF ANY PERSON WHO IS INJURED BY A
VIOLATION OF THIS CHAPTER OR RULES ADOPTED UNDER THIS CHAPTER;
(2) A CERTIFICATE OF DEPOSIT IN FAVOR OF, OR A SAVINGS
ACCOUNT ASSIGNED TO, THE STATE OF OHIO FOR THE BENEFIT OF ANY PERSON
THAT IS INJURED BY A VIOLATION OF THIS CHAPTER OR RULES ADOPTED UNDER THIS
CHAPTER, IN THE AMOUNT OF FIFTEEN
THOUSAND DOLLARS;
(3) CERTIFICATION FROM AN INSURANCE CARRIER INDICATING THAT
THE ATHLETE AGENT HAS OBTAINED PROFESSIONAL MALPRACTICE
INSURANCE IN AN AMOUNT EQUAL TO, OR GREATER THAN, FIFTY THOUSAND
DOLLARS, OR A LESSER AMOUNT, AS PERMITTED BY THE COMMISSION.
AN ATHLETE AGENT SHALL PRESENT EVIDENCE OF A BOND,
A CERTIFICATE OF DEPOSIT, AN ASSIGNED SAVINGS ACCOUNT, OR PROFESSIONAL
MALPRACTICE INSURANCE IN THE MANNER PRESCRIBED BY THE
COMMISSION.
(B) THE
COMMISSION SHALL HOLD ON DEPOSIT, AS AN AGENT OF THE STATE, ANY SURETY BOND OR
OTHER FORM
OF SECURITY DEPOSITED WITH THE COMMISSION BY AN ATHLETE AGENT.
THE COMMISSION SHALL HOLD THE SECURITY IN TRUST CONTINGENT ON
AN ATHLETE AGENT'S COMPLIANCE WITH ALL PROVISIONS OF THIS
CHAPTER INCLUDING THE PAYMENT OF ALL MONEYS OWED TO AN ATHLETE,
GROUP OF ATHLETES, EDUCATIONAL INSTITUTION, OR INSTITUTION OF HIGHER
EDUCATION, AND THE
PAYMENT OF ALL DAMAGES OTHER THAN PUNITIVE DAMAGES DUE AS THE RESULT OF A
MISSTATEMENT,
MISREPRESENTATION, FRAUDULENT ACT, DECEIT, OR UNLAWFUL OR
NEGLIGENT ACT OR OMISSION BY AN ATHLETE AGENT IN THE COURSE OF
SERVING AS AN ATHLETE AGENT, OR BY A REPRESENTATIVE OR EMPLOYEE
OF AN ATHLETE AGENT WHEN THE REPRESENTATIVE OR EMPLOYEE ACTED WITHIN THE SCOPE
OF
THE REPRESENTATIVE'S OR EMPLOYEE'S AUTHORITY. THE COMMISSION MAY USE FUNDS
HELD ON
DEPOSIT FOR AN ATHLETE AGENT TO PAY DEBTS OWED BY AN ATHLETE
AGENT AS DESCRIBED IN THIS DIVISION PURSUANT TO A COURT OR
ADMINISTRATIVE ORDER SPECIFYING THE OBLIGATION OF THE ATHLETE
AGENT.
(C) NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE LIABILITY OF AN ATHLETE
AGENT TO THE AMOUNT OF THE SURETY BOND, MALPRACTICE COVERAGE, OR
OTHER SECURITY HELD ON DEPOSIT BY THE COMMISSION.
(D) AN ATHLETE AGENT SHALL MAINTAIN THE SECURITY REQUIRED UNDER
THIS SECTION. IF AN ATHLETE AGENT
FAILS TO MAINTAIN THE SECURITY AS REQUIRED
UNDER THIS
SECTION, THE COMMISSION SHALL SUSPEND THE
REGISTRATION OF THE ATHLETE AGENT UNTIL THE ATHLETE AGENT
PROVIDES EVIDENCE OF THE BOND, CERTIFICATE OF DEPOSIT, ASSIGNED SAVINGS
ACCOUNT, OR PROFESSIONAL
MALPRACTICE INSURANCE, AS REQUIRED UNDER THIS SECTION.
(E)
THE LIABILITY OF THE SURETY ON A
BOND DESCRIBED IN DIVISION (A) OF THIS SECTION SHALL NOT EXCEED
THE SUM OF FIFTEEN THOUSAND DOLLARS IN THE AGGREGATE FOR ALL
PERSONS WHO ARE INJURED BY ANY AND ALL VIOLATIONS OF THIS CHAPTER OR RULES
ADOPTED UNDER THIS CHAPTER.
(F) A SURETY MAY CANCEL A BOND DESCRIBED IN DIVISION (A)
OF THIS
SECTION AFTER MAILING A WRITTEN NOTICE TO THE ATHLETE AGENT AND THE COMMISSION
STATING THAT THE BOND CANCELS SIXTY DAYS AFTER THAT NOTICE IS MAILED. THE
LIABILITY OF THE SURETY FOR ACTS OF THE ATHLETE AGENT CONTINUES
DURING THAT SIXTY-DAY PERIOD. THE CANCELLATION NOTICE DOES NOT
ABSOLVE THE SURETY FROM LIABILITY THAT ACCRUES BEFORE THE
CANCELLATION DATE BUT THAT IS DISCOVERED AFTER THAT DATE.
(G) THE COMMISSION SHALL RETURN THE SURETY BOND OR OTHER FORM OF
SECURITY HELD BY THE COMMISSION UNDER THIS SECTION TO THE ATHLETE AGENT
SUBMITTING THE BOND OR SECURITY, TWO YEARS AFTER THE PERSON CEASES TO SERVE AS
AN ATHLETE AGENT IN THIS STATE.
Sec. 4771.12. (A) FEES
CHARGED BY AN ATHLETE AGENT FOR SERVICES PROVIDED TO AN ATHLETE
MAY BE NEGOTIATED BETWEEN THE PARTIES.
(B)(1) EXCEPT AS PROVIDED IN DIVISION (B)(2) OF THIS
SECTION, AN ATHLETE AGENT
SHALL ESTABLISH AN INTEREST-BEARING TRUST FUND OR SIMILAR
ACCOUNT IN A DEPOSITORY APPROVED BY THE OHIO ATHLETIC COMMISSION
TO BE USED FOR THE DEPOSIT OF ALL REVENUES RECEIVED ON BEHALF OF
AN ATHLETE. AN ATHLETE AGENT SHALL DEPOSIT ANY REVENUE RECEIVED
ON BEHALF OF AN ATHLETE IN THE INTEREST-BEARING TRUST FUND OR
ACCOUNT. THE ATHLETE AGENT SHALL NOTIFY THE COMMISSION OF THE
ADDRESS AND LOCATION OF THE TRUST FUND OR ACCOUNT AND THE
DEPOSITORY IN WHICH IT IS LOCATED.
(2) AN ATHLETE AGENT WHO IS AN ATTORNEY LICENSED TO PRACTICE
LAW IN THIS STATE MAY DEPOSIT ANY REVENUE RECEIVED ON BEHALF OF AN
ATHLETE IN A TRUST ACCOUNT ALREADY MAINTAINED BY THE AGENT ATTORNEY IN
A FINANCIAL INSTITUTION IN THIS STATE FOR THE DEPOSIT OF REVENUE RECEIVED ON
BEHALF OF CLIENTS.
(C) NO ATHLETE AGENT
SHALL SHARE FEES WITH ANY PERSON OTHER THAN AN EMPLOYEE OF THE
ATHLETE AGENT. IF AN ATHLETE AGENT SHARES A FEE WITH AN
EMPLOYEE, THE ATHLETE AGENT SHALL OBTAIN WRITTEN CONSENT FROM
THE ATHLETE PRIOR TO ENTERING A FEE AGREEMENT WITH THE
ATHLETE. NO ATHLETE AGENT SHALL ENTER FEE AGREEMENTS THAT ARE
PROHIBITED UNDER THIS CHAPTER.
(D) IF AN ATHLETE AGENT
COLLECTS A FEE OR EXPENSE FROM AN ATHLETE AS CONSIDERATION FOR
OBTAINING EMPLOYMENT FOR THE ATHLETE, AND THE ATHLETE AGENT FAILS
TO PROCURE SUCH EMPLOYMENT, THE AGENT SHALL RETAIN ONLY THE
FOLLOWING PORTION OF THE FEE OR EXPENSE:
(1) THE COST OF REASONABLE EXPENSES INCURRED BY THE
ATHLETE AGENT DURING THE COURSE OF REPRESENTING THE ATHLETE IN
EFFORTS TO OBTAIN EMPLOYMENT FOR THE ATHLETE;
(2) A NEGOTIATED FEE IN CONNECTION WITH INSTANCES WHERE THE ATHLETE
RECEIVES A BONUS OR SOME COMPENSATION
FOR SIGNING A PROFESSIONAL SPORTS SERVICES CONTRACT.
(E) NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO LIMIT THE AUTHORITY OF THE OHIO
SUPREME COURT TO ESTABLISH OR REGULATE FEES FOR
ACTIVITIES CONSIDERED TO BE THE PRACTICE OF LAW.
Sec. 4771.13. NO
ATHLETE AGENT SHALL ACT ON BEHALF OF AN ATHLETE AS A "DEALER" OR
"INVESTMENT ADVISOR," AS DEFINED IN SECTION 1707.01 OF THE
REVISED
CODE, UNLESS THE ATHLETE AGENT
COMPLIES WITH
CHAPTER 1707. OF THE
REVISED
CODE.
AN ATHLETE AGENT
SHALL DISCLOSE TO AN ATHLETE AND THE OHIO ATHLETIC COMMISSION
ANY OWNERSHIP INTEREST THE ATHLETE AGENT HAS IN AN ENTITY
REFERRED TO BY THE ATHLETE AGENT IN ADVISING THE ATHLETE
CONCERNING INVESTMENTS. AN ATHLETE AGENT SHALL DISCLOSE ANY
COMMISSIONS OR FEES THE ATHLETE AGENT MAY RECEIVE AS A RESULT OF
AN INVESTMENT DECISION MADE BY AN ATHLETE IN RESPONSE TO
INVESTMENT ADVICE FROM THE ATHLETE AGENT.
Sec. 4771.14. (A) AN
ATHLETE AGENT SHALL MAINTAIN ALL OF THE FOLLOWING RECORDS:
(1) THE NAME AND ADDRESS OF EACH ATHLETE FOR WHOM THE
ATHLETE AGENT PERFORMS SERVICES AS AN ATHLETE AGENT IN EXCHANGE
FOR COMPENSATION;
(2) THE AMOUNT OF FEES OR COMPENSATION RECEIVED FOR THE
PERFORMANCE OF SERVICES FOR EACH ATHLETE;
(3) A COPY OF THE CONTRACT ENTERED INTO BETWEEN THE
ATHLETE AGENT AND EACH ATHLETE;
(4) ANY OTHER INFORMATION THE OHIO ATHLETIC COMMISSION FINDS
APPROPRIATE
IN CONNECTION WITH THE PROVISION OF SERVICES BY AN ATHLETE
AGENT.
(B) AN ATHLETE AGENT
SHALL MAINTAIN ALL RECORDS REQUIRED TO BE MAINTAINED PURSUANT TO THIS
SECTION, IN A MANNER THAT THE COMMISSION SHALL PRESCRIBE, FOR A
PERIOD OF FIVE YEARS.
(C) NO ATHLETE AGENT OR
EMPLOYEE OR REPRESENTATIVE OF AN ATHLETE AGENT SHALL MAKE, OR
CAUSE TO BE MADE, ANY FALSE RECORDS OR RECORDS CONTAINING FALSE
INFORMATION.
(D) ALL FINANCIAL
RECORDS, FINANCIAL BOOKS, AND OTHER RECORDS NOT SUBJECT TO THE
ATTORNEY-CLIENT PRIVILEGE THAT ARE REQUIRED TO BE MAINTAINED PURSUANT TO
THIS CHAPTER SHALL BE OPEN TO INSPECTION BY THE
COMMISSION AND ITS REPRESENTATIVES, UPON REASONABLE NOTICE, AT
THE PLEASURE OF THE COMMISSION.
Sec. 4771.15. AN ATHLETE AGENT MAY ENGAGE IN THE
FOLLOWING CONDUCT:
(A) PROVIDE OR SEND
WRITTEN MATERIALS TO AN ATHLETE IF THE ATHLETE AGENT
SIMULTANEOUSLY SUBMITS AN IDENTICAL COPY OF THE MATERIALS TO THE
ATHLETIC DIRECTOR OR THE DIRECTOR'S DESIGNEE, OR PERSON OF SIMILAR POSITION,
AT THE
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER
EDUCATION IN WHICH THE ATHLETE IS ENROLLED, OR TO THE INSTITUTION OF HIGHER
EDUCATION TO WHICH THE
ATHLETE PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS;
(B) CONTACT AN ATHLETE
AFTER AN ATHLETE INITIATES CONTACT WITH AN ATHLETE AGENT,
PROVIDED THAT THE ATHLETE AGENT PROVIDES NOTICE, IN ACCORDANCE
WITH THIS CHAPTER, TO THE EDUCATIONAL INSTITUTION OR THE INSTITUTION
OF HIGHER EDUCATION IN
WHICH THE ATHLETE IS ENROLLED, OR THE INSTITUTION OF HIGHER EDUCATION TO WHICH
THE ATHLETE HAS
PROVIDED A WRITTEN NOTICE OF INTENT TO PARTICIPATE IN
INTERCOLLEGIATE ATHLETICS;
(C) PARTICIPATE IN
EDUCATIONAL PROGRAMS SPONSORED BY AN INSTITUTION OF HIGHER
EDUCATION OR A PROFESSIONAL SPORTS COUNSELING PANEL AT AN
INSTITUTION OF HIGHER EDUCATION.
Sec. 4771.16. NO ATHLETE AGENT SHALL PUBLISH OR CAUSE
TO BE PUBLISHED ANY FALSE, FRAUDULENT, OR MISLEADING NOTICE,
ADVERTISEMENT, OR INFORMATION WITH KNOWLEDGE THAT IT IS FALSE, FRAUDULENT, OR
MISLEADING. ALL ADVERTISEMENTS OF AN ATHLETE
AGENT SHALL CONTAIN THE NAME AND REGISTERED BUSINESS ADDRESS OF
THE ATHLETE AGENT AND SOME INDICATION THAT THE ATHLETE AGENT IS
REGISTERED WITH THE OHIO ATHLETIC COMMISSION.
AS USED IN THIS
SECTION, "ADVERTISEMENT" INCLUDES CIRCULARS, SIGNS, NEWSPAPER OR
MAGAZINE PUBLICATIONS, OR OTHER ORAL OR WRITTEN COMMUNICATION
THAT NAMES THE ATHLETE AGENT IN CONNECTION WITH THE PROVISION OF
SERVICES AS AN ATHLETE AGENT.
Sec. 4771.17. NO ATHLETE AGENT SHALL DO ANY OF THE
FOLLOWING:
(A) PROVIDE FALSE
INFORMATION OR MAKE FALSE PROMISES OR REPRESENTATIONS CONCERNING
THE EMPLOYMENT OF AN ATHLETE;
(B) ENGAGE IN ANY CONDUCT THAT
DEMONSTRATES BAD FAITH OR DISHONESTY IN CONNECTION WITH THE
PERFORMANCE OF SERVICES AS AN ATHLETE AGENT;
(C) COMMINGLE MONEY OR
PROPERTY OF AN ATHLETE WITH THE AGENT'S OWN MONEY OR PROPERTY;
(D) OFFER ANYTHING OF
VALUE TO A PERSON IN ORDER TO INDUCE AN ATHLETE TO ENTER INTO AN
AGREEMENT PURSUANT TO WHICH THE ATHLETE AGENT REPRESENTS THE
INTERESTS OF THE ATHLETE;
(E) ENGAGE IN RECKLESS OR
INTENTIONAL MISMANAGEMENT OR MISCONDUCT AS AN ATHLETE AGENT
WHERE SUCH CONDUCT RESULTS IN FINANCIAL HARM TO AN ATHLETE OR AN
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION;
(F) VIOLATE THE RULES OF
THE ATHLETIC CONFERENCE OR COLLEGIATE ATHLETIC ASSOCIATION
GOVERNING AN ATHLETE OR THE EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER
EDUCATION IN
WHICH AN ATHLETE IS ENROLLED WHEN THE VIOLATION MAY AFFECT THE
ELIGIBILITY OF THE ATHLETE
TO PARTICIPATE IN ATHLETIC COMPETITION OR OTHERWISE PENALIZE THE EDUCATIONAL
INSTITUTION OR INSTITUTION
OF HIGHER EDUCATION;
(G) AID OR ABET ANOTHER
IN CONDUCT THAT VIOLATES THE RULES OF THE ATHLETIC CONFERENCE OR
COLLEGIATE ATHLETIC ASSOCIATION GOVERNING AN ATHLETE OR THE
EDUCATIONAL INSTITUTION OR INSTITUTION OF HIGHER EDUCATION IN WHICH THE
ATHLETE IS
ENROLLED, WHEN THE VIOLATION RESULTS IN THE INELIGIBILITY OF THE
ATHLETE TO PARTICIPATE IN
ATHLETIC COMPETITION OR OTHERWISE PENALIZES THE EDUCATIONAL INSTITUTION OR
INSTITUTION OF HIGHER
EDUCATION;
(H) MAKE ANY CONTACT WITH
AN ATHLETE THAT IS PROHIBITED UNDER THIS CHAPTER, OTHER STATE OR
FEDERAL LAW, OR THE RULES OF ANY ATHLETIC CONFERENCE OR
COLLEGIATE ATHLETIC ASSOCIATION;
(I) POST-DATE AN AGENT OR
PROFESSIONAL SPORTS SERVICES CONTRACT;
(J) LOAN OR ADVANCE MONEY
TO AN ATHLETE OR THE FAMILY OR FRIENDS OF AN ATHLETE IN
CONNECTION WITH THE RECRUITMENT OR SOLICITATION OF THE
ATHLETE;
(K) PROVIDE
TRANSPORTATION, MATERIAL GOODS, OR ANY OTHER SERVICES TO AN
ATHLETE, OR FAMILY OR FRIENDS OF AN ATHLETE, IN CONNECTION WITH THE
RECRUITMENT OR SOLICITATION OF AN ATHLETE;
(L) PUBLISH OR CAUSE TO BE PUBLISHED ANY FALSE OR
MISLEADING INFORMATION OR ADVERTISEMENTS CONCERNING THE ATHLETE
AGENT, AN ATHLETE, OR THE PROVISION OF SERVICES BY AN ATHLETE
AGENT.
Sec. 4771.18. (A) THE OHIO ATHLETIC COMMISSION MAY
REFUSE
TO GRANT OR RENEW A
REGISTRATION, OR MAY SUSPEND OR REVOKE A REGISTRATION OF AN
ATHLETE AGENT UPON PROOF SATISFACTORY TO THE COMMISSION THAT THE
ATHLETE AGENT OR AN EMPLOYEE OR REPRESENTATIVE OF THE ATHLETE
AGENT HAS DONE ANY OF THE FOLLOWING:
(1) MADE FALSE OR MISLEADING STATEMENTS OF A MATERIAL
NATURE IN AN APPLICATION FOR REGISTRATION AS AN ATHLETE
AGENT;
(2) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE IN CONNECTION WITH
THE
PERSON'S SERVICE AS AN ATHLETE AGENT IN THIS OR ANOTHER STATE;
(3) BEEN CONVICTED OF OR PLEADED GUILTY TO AN OFFENSE INVOLVING ILLEGAL
GAMBLING;
(4) ENGAGED IN CONDUCT THAT HAS A
SIGNIFICANT ADVERSE IMPACT ON THE APPLICANT'S CREDIBILITY,
INTEGRITY, OR COMPETENCE TO SERVE IN A FIDUCIARY
CAPACITY;
(5) MISAPPROPRIATED FUNDS OR ENGAGED IN OTHER SPECIFIC
CONDUCT THAT WOULD RENDER
THE APPLICANT UNFIT TO SERVE IN A FIDUCIARY CAPACITY, INCLUDING BEING
CONVICTED OF OR PLEADING GUILTY TO OFFENSES INVOLVING EMBEZZLEMENT, THEFT, OR
FRAUD;
(6) VIOLATED A PROVISION OF THIS CHAPTER OR A RULE
ADOPTED UNDER THIS CHAPTER.
(B) UPON RECEIVING A
COMPLAINT OF A VIOLATION OF THIS CHAPTER OR A RULE ADOPTED
UNDER IT, THE COMMISSION SHALL CONDUCT AN INVESTIGATION OF THE
COMPLAINT. IF THE COMMISSION FINDS REASONABLE CAUSE TO BELIEVE
A VIOLATION OCCURRED, THE COMMISSION SHALL CONDUCT A HEARING IN
ACCORDANCE WITH CHAPTER 119. OF
THE REVISED
CODE TO DETERMINE IF A
VIOLATION OCCURRED. IF THE COMMISSION FINDS A VIOLATION
OCCURRED, THE COMMISSION MAY SUSPEND OR REVOKE, OR REFUSE TO ISSUE
OR RENEW, THE REGISTRATION OF AN ATHLETE AGENT
FOR SUCH PERIOD OF TIME AS THE COMMISSION FINDS
APPROPRIATE.
UPON COMPLETION OF AN INVESTIGATION, IF THE COMMISSION
FINDS NO REASONABLE GROUNDS TO BELIEVE A VIOLATION OCCURRED, THE
COMMISSION SHALL CERTIFY WITHOUT A HEARING THAT NO VIOLATION
OCCURRED. THE COMMISSION SHALL SERVE THE CERTIFICATION ON ALL
PARTIES ADDRESSED IN THE COMPLAINT BY CERTIFIED MAIL,
RETURN RECEIPT REQUESTED. THE CERTIFICATION SHALL BE CONSIDERED
A FINAL RESOLUTION OF THE MATTER IF NO OBJECTION TO THE
CERTIFICATION IS FILED. A PARTY INVOLVED IN THE COMPLAINT MAY
FILE AN OBJECTION TO THE CERTIFICATION WITH THE COMMISSION
WITHIN TEN DAYS AFTER THE DATE THE CERTIFICATION IS MAILED. IF A
PARTY FILES AN OBJECTION TO THE CERTIFICATION WITHIN THE
PRESCRIBED PERIOD, THE COMMISSION, WITHIN ITS DISCRETION, MAY
CONDUCT A HEARING IN ACCORDANCE WITH
CHAPTER 119. OF THE
REVISED
CODE TO DETERMINE IF A
VIOLATION OCCURRED.
Sec. 4771.19. A PERSON WHO IS INJURED BY A
VIOLATION OF THIS CHAPTER MAY INITIATE A CIVIL ACTION FOR LEGAL
AND EQUITABLE RELIEF AGAINST AN ATHLETE AGENT IN A COURT HAVING
JURISDICTION OVER THE MATTER. THE PLAINTIFF ALSO MAY NAME THE
SURETY, THE NAMED HOLDER OF ANY SECURITY REQUIRED OF AN ATHLETE
AGENT UNDER THIS CHAPTER, OR THE CARRIER OF MALPRACTICE
INSURANCE FOR AN ATHLETE AGENT AS ADDITIONAL PARTIES TO THE
ACTION. THIS CAUSE OF ACTION MAY BE TRANSFERRED OR ASSIGNED IN
THE SAME MANNER AS PRESCRIBED FOR CIVIL ACTIONS UNDER OHIO LAW.
THE AMOUNT OF DAMAGES CLAIMED BY THE PLAINTIFF, AND NOT THE
AMOUNT OF BOND, SECURITY, OR INSURANCE HELD IN THE NAME OF AN
ATHLETE AGENT, DETERMINES THE JURISDICTION OF THE COURT IN WHICH
THE ACTION IS BROUGHT.
IN A CIVIL ACTION BROUGHT
UNDER THIS SECTION, A COURT SHALL NOT AWARD PUNITIVE OR EXEMPLARY
DAMAGES AGAINST A SURETY.
Sec. 4771.20. (A) AN
INSTITUTION OF HIGHER EDUCATION MAY BRING A CIVIL ACTION AGAINST
AN ATHLETE AGENT WHO VIOLATES THIS CHAPTER FOR
COMPENSATORY DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, AND EQUITABLE RELIEF AS
THE COURT FINDS APPROPRIATE.
A COURT MAY GRANT EQUITABLE RELIEF TO A PLAINTIFF
UNDER THIS SECTION TO PREVENT HARM THAT COULD RESULT FROM THE ACTS OR
OMISSIONS OF
AN ATHLETE OR ATHLETE AGENT IF THE COURT FINDS A REASONABLE
LIKELIHOOD THAT A VIOLATION OCCURRED.
(B) FOR PURPOSES OF THIS
SECTION, AN INSTITUTION OF HIGHER EDUCATION SUFFERS HARM WHEN,
AS THE RESULT OF THE ACTS OF AN ATHLETE AGENT OR AN ATHLETE,
BOTH OF THE FOLLOWING OCCUR:
(1) THE INSTITUTION OR AN ATHLETE ENROLLED AT THE INSTITUTION IS PENALIZED
OR IS DECLARED INELIGIBLE
TO COMPETE IN INTERCOLLEGIATE ATHLETICS BY A NATIONAL
ASSOCIATION THAT PROMOTES OR REGULATES INTERCOLLEGIATE ATHLETICS
OR BY AN INTERCOLLEGIATE ATHLETIC CONFERENCE.
(2) AS A RESULT OF THE PENALTY OR DECLARATION OF
INELIGIBILITY, THE INSTITUTION OF HIGHER EDUCATION EXPERIENCES
ANY OF THE FOLLOWING:
(a) A LOSS OF THE ABILITY TO GRANT AN ATHLETIC SCHOLARSHIP;
(b) A LOSS OF THE ABILITY TO RECRUIT AN ATHLETE;
(c) A LOSS OF ELIGIBILITY TO PARTICIPATE IN
INTERCOLLEGIATE COMPETITION;
(d) A LOSS OF ELIGIBILITY TO PARTICIPATE IN POST-SEASON
ATHLETIC COMPETITION;
(e) A FORFEITURE OF ANY ATHLETIC CONTEST;
(f) AN ADVERSE FINANCIAL IMPACT INCLUDING, BUT NOT LIMITED
TO, LOST REVENUE FROM MEDIA COVERAGE OF ATHLETIC COMPETITION OR
LOST TICKET SALES.
(C) AN INSTITUTION OF
HIGHER EDUCATION THAT PREVAILS IN AN ACTION BROUGHT UNDER THIS
SECTION MAY RECOVER COMPENSATORY AND PUNITIVE OR EXEMPLARY DAMAGES. A COURT
ALSO
MAY AWARD COURT COSTS AND REASONABLE ATTORNEY'S FEES TO A
PREVAILING PLAINTIFF.
(D) IN A CIVIL ACTION BROUGHT UNDER THIS SECTION, A COURT SHALL
NOT AWARD PUNITIVE OR EXEMPLARY DAMAGES AGAINST A SURETY.
Sec. 4771.21. ANY PERSON WHO CONDUCTS BUSINESS IN THIS
STATE AS AN ATHLETE AGENT CONSENTS TO THE JURISDICTION
OF THE COURTS OF THIS STATE, WHETHER OR NOT THE PERSON IS
REGISTERED AS AN ATHLETE AGENT WITH THE OHIO ATHLETIC
COMMISSION.
IF AN ATHLETE AGENT CONDUCTS BUSINESS IN THIS STATE AND THEREAFTER LEAVES
THIS STATE WITH INTENT
TO DEFRAUD CREDITORS OR TO AVOID SERVICE OF PROCESS
IN AN
ACTION BROUGHT UNDER THIS CHAPTER,
THE ATHLETE AGENT THEREBY MAKES THE SECRETARY OF STATE OF
THE STATE OF OHIO THE AGENT OF
THE ATHLETE AGENT FOR PURPOSES OF SERVICE OF PROCESS IN ANY
CIVIL ACTION OR PROCEEDING INSTITUTED IN THE COURTS OF THIS
STATE AGAINST THE ATHLETE AGENT ARISING OUT OF, OR BY REASON OF,
THE ATHLETE AGENT'S CONDUCT WITHIN THIS STATE. THIS APPOINTMENT
IS IRREVOCABLE.
THE PROCESS SHALL BE SERVED BY THE OFFICER TO WHOM THE
PROCESS IS DIRECTED OR BY THE SHERIFF OF
FRANKLIN COUNTY. THE PROCESS SHALL BE SERVED AS FOLLOWS:
(A) UPON THE SECRETARY OF STATE BY LEAVING THE PROCESS AND A TRUE
AND ATTESTED
COPY OF THE PROCESS AT THE OFFICE OF THE
SECRETARY OF STATE, AT LEAST FIFTEEN DAYS BEFORE THE RETURN DAY
OF THE PROCESS; AND
(B) BY SENDING TO THE DEFENDANT, AT THE DEFENDANT'S LAST
KNOWN ADDRESS, BY REGISTERED MAIL, POSTAGE PREPAID, A
LIKE TRUE AND ATTESTED COPY OF THE PROCESS, WITH AN INDORSEMENT ON THE PROCESS
OF THE
SERVICE UPON THE SECRETARY OF STATE. THE REGISTERED MAIL
RETURN RECEIPT OF THE DEFENDANT SHALL BE ATTACHED TO AND MADE A
PART OF THE RETURN OF SERVICE OF THE PROCESS.
Sec. 4771.99. (A) Whoever violates section 4771.02
4771.06 OR DIVISION (J) OR (K) OF SECTION
4771.17 of the Revised Code is guilty
of a misdemeanor of the first degree.
(B) AN ATHLETE AGENT WHO VIOLATES DIVISION (C) OF
SECTION 4771.02 of the Revised Code IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Section 2. That existing sections 3773.33, 3773.34, 3773.56, 4771.01,
4771.02, 4771.04, and 4771.99 and sections 4771.05 and 4771.06
of the Revised Code are hereby repealed.
Section 3. Notwithstanding section 3773.33 of the Revised Code, as
amended by this act, the member of the Ohio Athletic Commission
who is knowledgeable and experienced in college athletics shall
be appointed to serve a three-year term beginning upon the
expiration of the term of the member of the Commission whose
term expires on the earliest date after the effective date of
this act. The member who is knowledgeable and experienced in
high school athletics shall be appointed to serve a three-year
term beginning on the expiration of the term of the member of
the Commission whose term expires second in time after the
effective date of this act. The member who is knowledgeable and experienced
in professional athletics shall be appointed to serve a three-year term
beginning on the expiration of the term of the member of the Commission whose
term expires third in time after the effective date of this act. Thereafter,
members shall be
appointed to and serve on the Commission in accordance with
section 3773.33 of the Revised Code.
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