Section 17-1701. REGISTRATION AS ATHLETE AGENT REQUIRED; VOID CONTRACTS

 

1701.1Except as otherwise provided in § 1701.4, individuals are not permitted to act as an athlete agent in the District of Columbia without holding a certificate of registration.

 

1701.2To qualify for registration an athlete agent applicant shall:

 

(a) Be at least eighteen (18) years of age;

 

(b) Shall not have been convicted of an offense which bears directly on the fitness of the person to be licensed;

 

(c) Shall satisfy the qualifications described within the Act and these regulations; and

 

(d) Shall register by the appropriate methods, described in §§ 1702.3 and 1702.4 of this chapter.

 

1701.3The applicant shall pay the appropriate fee as set forth in § 1705 of this chapter and submit a signed District of Columbia Athlete Agent application that shall be provided by the Director.

 

1701.4An initial or renewal athlete agent application to the District of Columbia not based upon an application filed in another jurisdiction shall contain the following information plus any additional relevant information that the Director requests on the application or in correspondence mailed after receipt of the application:

 

(a)The name of the applicant and the address of the applicant's principal place of business;

 

(b)The name of the applicant's business or employer, if applicable;

 

(c)Any business or occupation engaged in by the applicant for the five (5) years next preceding the date of submission of the application;

 

(d)A description of the following:

 

(1)The applicant's formal training as an athlete agent;

 

(2)The applicant's practical experience as an athlete agent; and

 

(3)The applicant's educational background relating to the applicant's activities as an athlete agent;

 

(e)The names and addresses of three (3) individuals not related to the applicant who are willing to serve as references;

 

(f)The name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the five (5) years next preceding the date of submission of the application;

 

(g)The names and addresses of the following persons who are:

 

(1)With respect to the athlete agent's business if it is not a corporation, the partners, members, officers, managers, associates, or profit-shares of the business; and

 

(2)With respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent (5%) or greater;

 

(h)Whether the applicant or any person named pursuant to paragraph (g) of this subsection has been convicted of a crime that, if committed in the District of Columbia, would be a crime involving moral turpitude or a felony, and identify the crime;

 

(i)Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to paragraph (g) of this subsection has made a false, misleading, deceptive, or fraudulent representation;

 

(j)Any instance in which the conduct of the applicant or any person named pursuant to paragraph (g) of this subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event on a student-athlete or educational institution;

 

(k)Any sanction, suspension, or disciplinary action taken against the applicant or any person named pursuant to paragraph (g) of this subsection arising out of occupational or professional conduct; and

 

(l)Whether there has been any denial of an application for, suspension or revocation of, or refusal to renew, the registration or licensure of the applicant or any person named pursuant to paragraph (g) of this subsection as an athlete agent in any State.

 

1701.5If applying for licensure by reciprocity the applicant shall complete the basic application, pay the applicable fee that is set forth in § 1705 of this chapter, and submit a signed, notarized copy of a completed application, and a notarized copy of a certificate, registration, or license that has been submitted to or obtained from another State instead of submitting an application in the form prescribed pursuant to subsection (a) of this section. The Mayor shall accept the application and the certificate from the other State as an application for registration in the District of Columbia if the application to the other State meets the following qualifications:

 

(a)Was submitted in the other State within the six (6) months preceding the submission of the application in the District of Columbia and the applicant certifies that the information contained in the application is current;

 

(b)Contains information substantially similar to or more comprehensive than that required in an application submitted in the District of Columbia; and

 

(c)Was signed by the applicant under penalty of perjury.

 

1701.6An individual may act as an athlete agent in the District of Columbia without holding a certificate of registration for all purposes except signing an agency contract as follows:

 

(a)Before an athlete agent is issued a certificate of registration a student-athlete or another person acting on behalf of a student-athlete initiates communication with the individual; and

 

(b)Within seven (7) days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in the District of Columbia.

 

1701.7An agency contract resulting from conduct that violates § 1702.4 of this chapter is void and an athlete agent shall return any consideration received under the contract.

 

1701.8The Director shall issue a certificate to an individual that complies with the registration requirements of this chapter. The certificate issued by the Director shall be conspicuously posted in the athlete agent's place of business and made available for inspection by the Director upon request.

 

1701.9The Director may refuse to issue or renew a certificate of registration if the Director 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 Director may consider whether the applicant:

 

(a)Has been convicted of a crime involving moral turpitude;

 

(b)Made a materially false, misleading, deceptive, or fraudulent misrepresentation in the application as an athlete agent;

 

(c)Engaged in conduct that would disqualify the athlete agent from serving in a fiduciary capacity;

 

(d)Engaged in conduct prohibited by D.C. Official Code § 47-2887.13 (2002 Supp.);

 

(e)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;

 

(f)Engaged in conduct resulting in a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event being imposed on a student-athlete or educational institution; or

 

(g)Engaged in conduct that significantly adversely reflects an applicant's credibility, honesty, or integrity.

 

1701.10In making any determination under § 1701.8 the Director shall consider:

 

(a)How recently the conduct occurred;

 

(b)The nature of the conduct and the context in which it occurred; and

 

(c)Any other relevant conduct of the applicant.

 

source

Final Rulemaking at 50 DCR 9549 (November 14, 2003).