2012 Delaware Code
Title 24 - Professions and Occupations
CHAPTER 54. DELAWARE UNIFORM ATHLETE AGENTS ACT
§ 5407. Certificate of registration; issuance or denial; renewal.
(a) Except as otherwise provided in subsection (b) of this section, the Board shall issue a certificate of registration to an individual who complies with § 5406(a) of this title or whose application has been accepted under § 5406(b) of this title.
(b) The Board may refuse to issue a certificate of registration if the Board determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Board may consider whether the applicant has:
(1) Been convicted of a crime that, if committed in this State, would be a a crime that is substantially related to the provision of services by an athlete agent;
(2) Made a materially false, misleading, deceptive or fraudulent representation in the application or as an athlete agent;
(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) Engaged in conduct prohibited by § 5414 of this title;
(5) Had a registration or licensure as an athlete agent suspended, revoked or denied or been refused renewal of registration or licensure as an athlete agent in any state;
(6) Engaged in conduct the consequence of which was that a sanction, suspension or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty or integrity.
(c) In making a determination under subsection (b) of this section, the Board shall consider:
(1) How recently the conduct occurred; however, for waiver of a crime substantially related to the practice of an athletic agent, more than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, sentence does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.
a. The applicant is capable of practicing athletic agent services in a competent and professional manner.
b. The granting of the waiver will not endanger the public health, safety or welfare.
(2) The nature of the conduct and the context in which it occurred; and
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Board. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(e) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form prescribed pursuant to subsection (d) of this section, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. The Board shall accept the application for renewal from the other state as an application for renewal in this State if the application to the other state:
(1) Was submitted in the other state within 6 months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;
(2) Contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and
(3) Was signed by the applicant under penalty of perjury.
(f) A certificate of registration or a renewal of a registration is valid for 2 years.
73 Del. Laws, c. 144, § 1; 74 Del. Laws, c. 262, § 102; 75 Del. Laws, c. 436, § 53.;
