2020 South Carolina Code of Laws
Title 59 - Education
Chapter 102 - Athlete Agents And Student Athletes
Section 59-102-50. Application for registration; contents; registration in another state.

(A) An applicant for registration shall submit an application for registration to the Department of Consumer Affairs in a form prescribed by the department. An application filed pursuant to this section is a public record. The application must be in the name of a person and, except as otherwise provided in subsection (B), signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

(1) the name, date of birth, and place of birth of the applicant and:

(a) the address of his principal place of business;

(b) his work and mobile telephone numbers; and

(c) any means of communicating with him electronically, including:

(i) facsimile number;

(ii) electronic mail address; and

(iii) personal, business, or employer websites;

(2) the name of the applicant's business or employer, if applicable, including for each business or employer its mailing address, telephone number, organizational form, and the nature of the business;

(3) each social media account with which the applicant, his business, or his employer is affiliated;

(4) any business or occupation engaged in by the applicant for the five years next preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;

(5) a description of the applicant's:

(a) formal training as an athlete agent;

(b) practical experience as an athlete agent; and

(c) educational background relating to his activities as an athlete agent;

(6) the names and addresses of three individuals not related to the applicant who are willing to serve as references;

(7) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five years next preceding the date of submission of the application, or, if the individual is a minor, the name of his parent or guardian;

(8) the names and addresses of all persons who are:

(a) with respect to the athlete agent's business, if it is not a corporation, the partners, members, officers, managers, associates, or profit-sharers of the business who hold an equity interest of five percent or greater in that business; and

(b) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;

(9) whether the applicant or a person named pursuant to item (8) has been convicted of a crime that would be a crime involving moral turpitude or a felony if committed in this State, and identification of the:

(a) crime;

(b) law enforcement agency involved; and

(c) if applicable, the date of conviction and the fine or penalty imposed;

(10) whether, within fifteen years before the date of application, the applicant or a person named under item (8) has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;

(11) whether the applicant or a person named under item (8) has an unsatisfied judgment or a judgment of continuing effect, including alimony or a family court order for child support, which is not current at the date of the application;

(12) whether, within ten years before the date of application, the applicant or a person named under item (8) was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

(13) whether there has been any administrative or judicial determination that the applicant or a person named pursuant to item (8) has made a false, misleading, deceptive, or fraudulent representation;

(14) an instance in which the conduct of the applicant or a person named pursuant to item (8) resulted in the imposition against a student athlete or educational institution of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event;

(15) a sanction, suspension, or disciplinary action taken against the applicant or a person named pursuant to item (8) arising out of occupational or professional conduct;

(16) whether there has been a denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or a person named pursuant to item (8) as an athlete agent in any state;

(17) each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

(18) if the applicant is certified or registered by a professional league or players association:

(a) the name of the league or association;

(b) the date of certification or registration, and the date of expiration of the certification or registration, if any; and

(c) if applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

(19) any additional information required by the department.

(B) Instead of submitting an application in the form prescribed pursuant to subsection (A), an applicant for registration in this State, who has applied for and holds a certificate, registration, or licensure as an athlete agent in another state, may submit:

(1) a copy of the application for registration in the other state;

(2) a statement that:

(a) identifies any material change in the information on the application described in item (1), cosigned under penalty of perjury; or

(b) verifies there is no such material change provided in subitem (a), signed under penalty of perjury; and

(3) a copy of the certificate of registration from the other state.

(C) The Department of Consumer Affairs shall accept the application and the certificate from the other state as an application for registration in this State and issue a certificate of registration to the applicant if the application to the other state:

(1) was submitted in the other state within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;

(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State;

(3) was signed by the applicant under penalty of perjury; and

(4) the registration has not been revoked or suspended and no action involving the person's conduct as an athlete agent is pending against the person or his registration in any state.

(D) For purposes of implementing the provisions of subsection (C), the department shall:

(1) cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and

(2) exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

HISTORY: 1990 Act No. 456, Section 1; 2004 Act No. 300, Section 1, eff September 8, 2004; 2018 Act No. 235 (H.3068), Section 1, eff May 17, 2018.

Comment

Major League Baseball Players Association __________

National Basketball Players Association __________

National Football Players Association __________

National Hockey League Players Association __________

Other __________

None __________

For each item in this part, include: School name, city and state, degree conferred, and year the degree was awarded.

Name of employer: __________

Supervisor's name: __________

Supervisor's address and work phone: __________

Initial date of employment (including month and year): __________

Nature of your current employment: __________

__________

Name

Effect of Amendment

The 2004 amendment rewrote this section.

2018 Act No. 235, Section 1, rewrote the section.