Alabama Administrative Code Chapter 142-1-1 — Organization, Application, Payment of Fees and Costs Alabama Athlete Agents Commission

142 Alabama Athletic Agents Regulatory Commission

Ala. Admin. Code r. 142-1-1-.01 Organization

(1) The Alabama Athlete Agents Regulatory Commission is continued in existence as the Alabama Athlete Agents Commission (hereinafter “the Commission”) and is established by Alabama Code Section 8-26B-30.

(2) The Commission performs duties set forth in Title 8, Chapter 26B, of the Code of Alabama. The Commission shall have authority to do all of the following:

(a) New Applications. Review, consider, and approve or deny, for reasons provided by Alabama Code Section 8-26B-6, all new applications for registration as an athlete agent in the State of Alabama upon receipt and processing by the Secretary of State;

(b) Reciprocal Registration Applications. Review, consider, and approve or deny, for reasons provided by Alabama Code Section 8-26B-6, all applications for reciprocal registration as an athlete agent in the State of Alabama upon receipt and processing by the Secretary of State;

(c) Renewal Applications. Review, consider, and approve or deny, for reasons provided by Alabama Code Section 8-26B-6, all applications for registration renewal as an athlete agent in the State of Alabama upon receipt and processing by the Secretary of State;

(d) Temporary Registration Applications. Review, consider, and make permanent all applications for temporary registration as an athlete agent in the State of Alabama issued by the Secretary of State after receipt and processing;

(e) Review, consider, limit, suspend, revoke, refuse to renew, or refuse to make permanent the registration or temporary registration of an athlete agent, for reasons provided by Alabama Code Sections 8-26B-6 and 8-26B-7, and following the process put forth in Rule 142-1-2-.01; and

(f) Otherwise perform such duties as may be necessary to meet the requirements of Alabama law regarding the registration and certification of athlete agents in the State of Alabama.

(3) Meetings. The Commission shall meet quarterly in a properly noticed open public meeting and otherwise at the call of the chair in compliance with the Alabama Open Meetings Law. A majority of the Commission shall constitute a quorum to transact business. A majority vote of the quorum on any matter coming before it shall constitute official action of the Commission. The Commission may, in its discretion, permit any individual in attendance the opportunity to speak before it. If necessary, to discuss good name and character or otherwise in compliance with the Alabama Open Meetings Act, the Commission may properly convene an executive session. Any decision of the Commission following an executive session will be made in public meeting and memorialized in the meeting minutes. If the members are evenly divided on a particular matter, it will be continued to the Commission’s next meeting. If a majority of the Commission members present desire further information or records from any person not present or source not available in the meeting, the Commission may recess or continue the matter to its next meeting. Commission meeting minutes shall be public record.

(4) For purposes of Title 8, Chapter 26B, of the Code of Alabama and Chapters 142-1-1 and 142-1-2 of the Alabama Administrative Code, all references to “the Secretary of State” shall mean “the Office of the Secretary of State of Alabama.” All duties and responsibilities of the Secretary of State shall be performed by the Office of the Secretary of State by and through appropriate designees.

(5) Section 8-26B-30 requires the Secretary of State to provides administrative support for the Commission and authorizes the Secretary of State to administer Title 8, Chapter 26B. Accordingly, the Secretary of State:

(a) Serves to meet the Commission’s fiscal and budgetary requirements;

(b) Employs personnel and arranges for assistance, service, and supplies as needed by the Commission;

(c) Develops and implements policies and procedures for the Commission as needed;

(d) Promulgates administrative rules necessary for the Commission to perform its duties;

(e) Publishes an annual register of State of Alabama registered and certified athlete agents;

(f) Provides a quarterly report to the Commission of all registered and certified Alabama agents, along with any suspensions, revocations, and disciplinary actions taken; and

(g) Maintains official records of the Commission and the Commission’s Administrative Code.

(6) The Secretary of State will issue a certificate of registration to an individual who applies for new, reciprocal, or renewal registration as an athlete agent in the State of Alabama and whose application is processed and approved by the Commission.

(7) The Secretary of State may issue a temporary certificate of registration to an applicant whose application for registration has been processed and is pending Commission review. The Commission must determine whether to make such temporary certification permanent at its next meeting. Refusal to make a temporary certification permanent shall follow the process put forth in Rule 142-1-2-.01.

(8) Notice of a Commission decision to deny an applicant’s new, reciprocal, or renewal registration as an athlete agent in the State of Alabama will be promptly transmitted via U.S. Mail to the applicant by the Secretary of State. The notice will articulate the basis for denial.

(9) The Secretary of State is the custodian of the Commission’s records. Requests for information pertaining to the Commission may be submitted through the Office of the Secretary of State via several methods:

(a) Mailing address: Office of the Secretary of State, P.O. Box 5616, Montgomery, Alabama 36103-5616.

(b) Telephone: (334) 242-7200.

(c) Internet: http://www.sos.alabama.gov

History

• Author: Charles E. Grainger, Jr.; Jean Brown; Brent Beal; High Evans; Taylor Freeman; Shemekwa Farrow; Michael L. Jones, Jr.; Meridith H. Blackburn
• Authority: Code of Ala. 1975, §§8-8-15, 8-26B-3, 8-26B-5, 8-26B-6, 8-26B-9, 8-26B-14; 8-26B-30, 13A-9-13.2; 41-1-60, 4l-22-4.
• New Rule: Filed December 5, 2001; effective January 9, 2002. Amended: Filed January 5, 2017; effective February 19, 2017. Amended: Filed January 5, 2017; effective February 19, 2017. Amended: Published June 30, 2021; effective August 14, 2021. Amended: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 142-1-1-.02 Application

(1) All applications and requests for which the Commission has prescribed a form must be made on the prescribed form. Forms used by the Commission may be acquired from the Office of the Secretary of State and are available online through the Secretary of State’s website.

(2) Each applicant will complete an application for a new certificate of registration, reciprocal registration, renewal, or temporary registration and submit it to the Secretary of State through the Secretary of State’s website. The application must be signed by the applicant under penalty of perjury. All required documentation showing the applicant meets all statutory certification requirements must be uploaded and received before an application package will be processed.

(3) Incomplete application packages will not be processed.

(4) An application identified to contain a materially false, misleading, deceptive, or fraudulent representation will be denied. Likewise, any approved application identified after the fact to contain a materially false, misleading, deceptive, or fraudulent representation, will be grounds for suspending, revoking, or refusing registration.

History

• Author: Michael L. Jones, Jr.; Meridith H. Blackburn
• Authority: Code of Ala. 1975, §§8-26B-3, 8-26B-5, 8-26B-6, 8-26B-9, 8-26B-14; 8-26B-30, 41-1-60.
• New Rule: Published November 30, 2023; effective January 14, 2024.

Ala. Admin. Code r. 142-1-1-.03 Payment Of Fees and Costs

(1) Any person making application for a new certificate of registration, reciprocal registration, renewal, or temporary certificate of registration shall be subject to payment of the highest applicable fee provided by Alabama Code Section 8-26B-9.

(a) Payment of the required application fee shall be made online with the submission of the application package through the Secretary of State’s website in accordance with Alabama Code Section 41-1-60.

(b) No application package will be processed without payment of required application fees.

(c) All application fees are nonrefundable and nontransferable.

(2) Failure of an applicant to make payment of all required fees and costs as provided herein shall halt application processing and result in the denial of the application.

History

• Author: Michael L. Jones, Jr.; Meridith H. Blackburn
• Authority: Code of Ala. 1975, §§8-26B-3, 8-26B-5, 8-26B-6, 8-26B-8, 8-26B-9, 8-26B-14, 8-26B-30, 41-1-60.
• New Rule: Published November 30, 2023; effective January 14, 2024.