Section 17-1735. DEFINITIONS

 

For the purposes of this chapter, the following terms have the meanings ascribed:

 

Administrative Law Judge (ALJ) - a Hearing Examiner authorized to hear cases pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.), or designated by the Director to hear a case.

 

Agency contract - an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.

 

Applicant - an applicant for a registration under the Uniform Athlete Agents Act of 2002, D.C. Law 14-107, and these rules.

 

Athlete agent - an individual who enters into an agency contract with a student-athlete or, directly or indirectly, recruits or solicits a student-athlete to enter into an agency contract. The term includes an individual who represents to the public that the individual is an athlete agent. The term does not include a spouse, parent, sibling, grandparent, or guardian of the student- athlete or an individual acting solely on behalf of a professional sports team or professional sports organization.

 

Athletic director - an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

 

Business day - a day other than a Saturday, Sunday, legal holiday, or day on which the department is officially closed.

 

Contact - a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.

 

Day - a calendar day

 

Department - the Department of Consumer and Regulatory Affairs.

 

Director - the Director of the Department of Consumer and Regulatory Affairs and/or authorized agent.

 

Endorsement contract - an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

 

Hearing Examiner - any person appointed by the Director pursuant to the authority granted under D.C. Official Code § 2-1801.01 et seq., to conduct administrative hearings under this chapter.

 

Intercollegiate sport - a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

 

Legal holiday - one of the following holidays:

 

(a)New Year's Day;

 

(b)Martin Luther King, Jr.'s, Birthday;

 

(c)Washington's Birthday;

 

(d)Memorial Day;

 

(e)Independence Day;

 

(f)Labor Day;

 

(g)Columbus Day;

 

(h)Veterans Day;

 

(i)Thanksgiving Day;

 

(j)Christmas Day; or

 

(k)Any other day designated as a legal holiday by the President, the Congress, or the Mayor or the Council of the District of Columbia, on the actual day the legal holiday is celebrated by the government of the District of Columbia.

 

Office of Investigations and Enforcement - the investigative division within the Department of Consumer and Regulatory Affairs.

 

Party - a respondent, the Corporation Counsel, the Director, or any other person recognized as a party in a particular proceeding.

 

Person - an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

 

Professional-sports-services contract - an agreement under which an individual is employed, or agrees to render services, as a player on a professional sports team, with a professional sports organization, or as a professional athlete.

 

Record - information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

 

Registrant - a person registered under this chapter.

 

Registration - registration as an athlete agent pursuant to this chapter.

 

Respondent - a person against whom an adverse action is contemplated, proposed, or taken.

State - a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

 

Student-athlete - an individual, who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.

 

Void - of no legal force or effect.

 

Voidable - capable of being adjudged as having no legal force or effect.

 

source

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