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2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 54. DELAWARE UNIFORM ATHLETE AGENTS ACT
§ 5403. Board of Athlete Agent Examiners; appointments; qualifications; term; vacancies; suspension or removal; compensation; meetings; quorum.

Universal Citation:
24 DE Code § 5403 (2012 through 146th Gen Ass)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.

(a) The Board of Athlete Agent Examiners shall consist of 5 members appointed by the Governor 3 of whom shall be athlete agents registered under this chapter and 2 shall be members of the public. The first 3 members from the athlete agent profession who are appointed to be members of the Board as it is initially constituted need not be licensed prior to their appointment to the Board; provided, however, that within 1 year of their appointment to the Board the first 3 members become registered in Delaware pursuant to 75 Del. Laws, c. 281. Failure of any 1 of these 3 members to become registered within 1 year of their appointment pursuant to 75 Del. Laws, c. 281 shall void such appointment or appointments and shall require the appointment of new members who have become registered. All appointments after the initial appointments made pursuant to this section shall comply with the provisions of § 5403 of the title. To serve on the Board, a public member shall not be, nor ever have been, an athlete agent, a close relative (as defined in § 5804(1) of Title 29) of an athlete agent, or ever been employed by an athlete agent.

(b) The term of each member shall be for 3 years except that for the initial members of the Council, 2 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 2 years, 1 member shall be appointed for a term of 3 years. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, except that each member shall serve until a successor is duly appointed.

(c) The Governor may appoint members for terms less than 3 years where that is necessary to ensure that Board member's terms expire on a rotating annual basis.

(d) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance or neglect of duty. A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.

(e) The provisions set forth for employees in Chapter 58 of Title 29 shall apply to all members of the Board and to all agents appointed or otherwise employed by the Board.

(f) Board members shall be reimbursed for all necessary expenses involved in each meeting, including travel, according to the uniform policy for reimbursement of expenses established by the Division of Professional Regulation, and, in addition, shall receive not more than $50 for each meeting attended, but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

(g) In the same month of each year the members shall elect, from among their number, a president, a vice-president and a secretary. Each officer shall serve for 1 year, and may serve no more than 2 consecutive years in the same office.

(h) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such other times as the President deems necessary, or at the request of a majority of the Board members.

(i) A majority of members shall constitute a quorum, and no action shall be taken without the affirmative vote of at least 4 members. Any member who fails to attend 3 consecutive meetings, or who fails to attend at least 1/2 of all regular business meetings during any calendar year, shall automatically upon such occurrence be deemed to have resigned from office, and a replacement shall be appointed.

(j) The Board shall promulgate regulations specifically identifying those crimes which are substantially related to the provision of services by an athlete agent.

73 Del. Laws, c. 144, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 101; 75 Del. Laws, c. 281, §§ 1, 2.;

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