Ga. Comp. R. & Regs. Department 54 — Department of Georgia Athlete Agents

Chapter 54-1 Organization

Ga. Comp. R. & Regs. r. 54-1-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-1-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-1-.02}

History

• Authority: O.C.G.A. § 43-4A-1
• History. Original Rule entitled "Organization" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-1-.03 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-1-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-1-.03}

History

• Authority: O.C.G.A. § 43-4A-1
• History. Original Rule entitled "Officers" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-1-.04 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-1-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-1-.04}

History

• Authority: O.C.G.A. § 43-4A-1
• History. Original Rule entitled "Quorum" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-2 Definitions

Ga. Comp. R. & Regs. r. 54-2-.01 Definitions {#sec-ga.-comp.-r.-regs.-r.-54-2-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.01}

As used in these Rules and Regulations and in the Uniform Athlete Agents Act, the following terms shall mean the following:

(a) "Law" means the Uniform Athlete Agents Act, O.C.G.A. §43-4A.

(b) "Agent Contract" means an agreement between an athlete and an athlete agent which authorizes the agent to pursue employment for the athlete with a professional sports team or as a professional athlete.

(c) "Athlete" means an individual who is eligible to participate in any Intercollegiate sport and who is currently enrolled as a student at an institution of higher education, or has signed a national grant-in-aid with an institution of higher education.

(d) "Athlete Agent" means:

(1) any individual, company, corporation, association, partnership, or other legal entity which directly or indirectly recruits or solicits an athlete to enter into an agent contract or professional sports service contract, or, for a fee, procures, offers, promises, or attempts to obtain employment for an athlete with a professional sports team; or

(2) Any owner, employee, or other representative of a professional sports team is not deemed an athlete agent if he/she does not recruit or solicit such athlete to enter into an offer, promise, or attempt to obtain employment for an athlete with a professional sports team.

(e) "Athletic Department" means the entity which exercises control over the intercollegiate sports program at a public or private post-secondary school in Georgia.

(f) "Professional Sports Service Contract" means 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.

(g) "Athletic Director" means the representative of the Georgia public or private post-secondary school who is in responsible charge of the Athletic Department of the school.

(h) "Institution of Higher Education" means a public or private post-secondary school which is located in Georgia.

(i) "Person" means any individual, company, corporation, association, partnership, or other legal entity.

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Law" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: New title "Definitions. F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.02}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Agent Contract" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.03 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.03}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Athlete" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Jan. 18, 1991; eff. Feb. 7, 1991.
• Amended: F. Jul. 30, 1991; eff. Aug. 19, 1991.
• Amended: F. Dec. 3, 1992; eff. Dec. 23, 1992.
• Amended: F. Feb. 10, 1995; eff. Mar. 2, 1995.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.04 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.04}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Athlete Agent" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.05 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.05 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.05}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Athletic Department" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.06 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.06 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.06}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Professional Sports Service Contract" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.07 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.07 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.07}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Athletic Director" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.08 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.08 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.08}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Institution of Higher Education" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-2-.09 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-2-.09 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-2-.09}

History

• Authority: O.C.G.A. § 43-4A-2
• History. Original Rule entitled "Person" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-3 Application Procedures

Ga. Comp. R. & Regs. r. 54-3-.01 Application {#sec-ga.-comp.-r.-regs.-r.-54-3-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.01}

(1) Any person who seeks to practice as an athlete agent shall apply for registration on forms which are available online through the Secretary of State's website, or will be provided upon request.

(2) Any person who seeks to practice as an athlete agent shall submit an Application for Athlete Agent Registration.

(3) Business Location. The applicant shall provide the Secretary of State with the street address of the principal place of business from which the applicant proposes to conduct business as an athlete agent.

(4) Training and Experience. Each applicant shall submit affidavits or certificates of completion of any and all formal training and practical experience in any one of the following areas:

(a) Contracts,

(b) Contract negotiations,

(c) Complaint resolution,

(d) Arbitration, and

(e) Civil resolution of contract disputes.

(f) Persons without experience in at least one of the five (5) areas listed in this subsection may request in writing that the Secretary of State consider other relevant training and practical experience. The written request must set forth with particularity the specific training and practical experience which the applicant possesses and the applicant's reasons for requesting that the requirements of this subsection be waived. The Secretary of State, in its sole discretion, may accept other relevant training, education or experience that it deems to be appropriate.

(5) An application must be completed within six (6) months of the date the first document was received by the Secretary of State. The Secretary of State will only approve qualified applicants who submit a complete file which consists of an Application for Athlete Agent Registration (with attached affidavits or certificates of completion), Surety Bond, and appropriate application fee.

History

• Authority: O.C.G.A. § 43-4A-4, 43-4A-5
• History. Original Rule entitled "Person" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.02 Fees {#sec-ga.-comp.-r.-regs.-r.-54-3-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.02}

Each application must be accompanied by an application fee. Application fees are non-refundable. See fee schedule for the current list of fees.

History

• Authority: O.C.G.A. § 43-4A-8
• History. Original Rule entitled "Fees" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: New Rule of same title adopted. F. Sept. 5, 1990; Sept. 25, 1990.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.03 Surety Bond {#sec-ga.-comp.-r.-regs.-r.-54-3-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.03}

(1) An applicant for registration shall deposit with the Secretary of State a surety bond in the penal sum of not less than $10,000. At no time during any registration period shall the athlete agent be without the bond. The bond shall be executed in favor of the State with a surety company authorized to do business in Georgia. The bond shall be conditioned to pay a pro rata share of the amount of the bond for damages to each athletic department aggrieved by any act which the agent commits which violates Official Code of Georgia Annotated § 43-4A-16 or any act which would be grounds for revocation of the athlete agent's registration under Official Code of Georgia Annotated §§ 43-4A-7 or 43-4A-8 .

(2) If a registered athlete agent fails to maintain a surety bond, the Secretary of State shall suspend the registration until such time as the agent obtains a new bond. An athlete agent shall not carry on business as an athlete agent during such period of suspension.

History

• Authority: O.C.G.A. § 43-4A-12
• History. Original Rule entitled "Surety Bond" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Jan. 18, 1991; eff. Feb. 7, 1991.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.04 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-3-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.04}

History

• Authority: O.C.G.A. § 43-4A-6
• History. Original Rule entitled "Investigation of Applicants" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.05 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-3-.05 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.05}

History

• Authority: O.C.G.A. § 43-4A-5
• History. Original Rule entitled "Approval of Registration" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.06 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-3-.06 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.06}

History

• Authority: O.C.G.A. § 43-1-19
• History. Original Rule entitled "Temporary Registration" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.07 Refusal to Grant Registration {#sec-ga.-comp.-r.-regs.-r.-54-3-.07 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.07}

(1) The Secretary of State may refuse to grant a registration or may limit and/or restrict a registration upon making a finding that an applicant has committed any act which is enumerated in Official Code of Georgia Annotated Title 43.

(2) The Secretary of State shall notify an applicant in writing of the Secretary of State's refusal to grant a registration. The notice shall set forth the reason(s) for the refusal.

(3) Within sixty (60) days of receipt of a notice of refusal to grant a registration, an applicant may file a written request to appear before the Secretary of State as a non-contested case under the Administrative Procedures Act. The Secretary of State will then schedule a time for the applicant to appear before the Secretary of State at a regularly scheduled meeting. The applicant may present additional documentation at the scheduled appearance.

(4) The Secretary of State shall notify the applicant, in writing, of the decision after a scheduled appearance with the applicant.

(5) An applicant who has been refused registration may submit a new application, supporting documentation, and the appropriate fee to the Secretary of State subsequent to receipt of notification of the refusal of the registration.

History

• Authority: O.C.G.A. §§ 43-4A-6, 43-1-19
• History. Original Rule entitled "Refusal to Grant Registration" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-3-.08 Military Spouses and Transitioning Service Members {#sec-ga.-comp.-r.-regs.-r.-54-3-.08 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-3-.08}

(1) As used in this rule, the following terms shall mean:

(a) "License" means any license issued by the Secretary of State to practice as an Athlete Agent in the state of Georgia.

(b) "Military" means the United States armed forces, including the National Guard.

(c) "Service member" means an active or reserve member of the armed forces, including the National Guard.

(d) "State" means 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.

(e) "Transitioning service member" means a member of the military on active duty status or on separation leave who is within twenty-four (24) months of retirement or twelve (12) months of separation.

(2) Effective January 1, 2021, military spouses and transitioning service members stationed within this state shall qualify for expedited processing of the license application by showing that the applicant is a military spouse or transitioning service member and that the applicant has paid the fee and meets the requirements for a license under the law and rules for the type of license for which the applicant has applied and:

(a) Holds a current license to practice such occupation or profession issued by another state for which the training, experience, and testing are substantially similar in qualifications and scope to the requirements under this state to obtain a license;

(b) Is in good standing in such other state; and

(c) Passes any examination that may only be required to demonstrate knowledge of the laws and rules and regulations of this state specific to the practice of the profession, business, or trade for which such expedited license by endorsement is being sought.

History

• *Authority: O.C.G.A. §§ 43-1-34, 43-1-34.1 *
• History. Original Rule entitled "Military Spouses and Transitioning Service Members" adopted. F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-4 Renewal/Registration Update

Ga. Comp. R. & Regs. r. 54-4-.01 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-4-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.01}

History

• Authority: O.C.G.A. § 43-4A-6
• History. Original Rule entitled "Refusal to Grant Registration" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-4-.02 Change of Name or Address {#sec-ga.-comp.-r.-regs.-r.-54-4-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.02}

It is the duty of each registrant to notify the Secretary of State in writing if their name or address changes from that which they previously filed with the Secretary of State. A notice of change of name must be accompanied by a certified copy of a marriage certificate, Court order or other legal document. Changes of address may be made online by the registrant, or by written request to the Secretary of State.

History

• Authority: O.C.G.A. § 43-1-25
• History. Original Rule entitled "Change of Name or Address" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-4-.03 Biennial Renewal Cycle {#sec-ga.-comp.-r.-regs.-r.-54-4-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.03}

(1) An initial registration shall become effective upon issuance of the registration number by the Secretary of State that the applicant has been assigned a registration number.

(2) All registrations shall expire on June 30 of odd numbered years.

(3) Notice of registration expiration will be emailed to all registered athlete agents with valid email addresses on file with the Secretary of State; otherwise, notice of registration expiration will be mailed by regular mail to the mailing address on file. Notice will provide instruction on renewing the registration online, as well as providing instruction on obtaining a renewal application by mail.

(4) The applicant for renewal shall submit to the Secretary of State, on or before June 30 of odd numbered years:

(a) a complete Application for Renewal; and

(b) the biennial renewal fee (See Fee Schedule); and

(c) a surety bond in accordance with these rules.

(5) A person whose registration has expired may no longer practice the occupation of athlete agent.

History

• Authority: O.C.G.A. §§ 43-4A-6, 43-4A-4
• History. Original Rule entitled "Biennial Renewal Cycle" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-4-.04 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-4-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.04}

History

• Authority: O.C.G.A. §§ 43-4A-6, 43-4A-4
• History. Original Rule entitled "Late Renewal" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-4-.05 Revocation for Failure to Renew {#sec-ga.-comp.-r.-regs.-r.-54-4-.05 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.05}

A registration shall be revoked for failure to renew if the registration has expired and the licensee has failed to meet the requirements for renewal on or before July 1 of the renewal year. In order to reinstate the registration, a person whose registration has been revoked for failure to renew must apply for registration following the procedure set out in Chapter 54-3. The applicant must satisfy the current requirements for registration set out in Chapter 54-3. In order to meet the current requirements, the applicant may use any qualifying experience and training, including any which was applied toward their initial registration. In addition to all other fees, a person seeking to reinstate a registration that has been revoked, must pay a reinstatement fee (see Fee Schedule).

History

• Authority: O.C.G.A. § 43-1-19(l)
• History. Original Rule entitled "Revocation for Failure to Renew" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-4-.06 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-4-.06 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-4-.06}

History

• Authority: O.C.G.A. § 43-4A-6
• History. Original Rule entitled "Reinstatement" adopted. F. Feb. 10, 1995; eff. Mar. 2, 1995.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-5 Repealed

Ga. Comp. R. & Regs. r. 54-5-.01 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-5-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-5-.01}

History

• Authority: O.C.G.A. § 43-4A-4
• History. Original Rule entitled "Annual Report" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-5-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-5-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-5-.02}

History

• Authority: O.C.G.A. §§ 43-4A-2, 43-4A-4, 43-4A-14, 43-4A-1543-4A-16
• History. Original Rule entitled "Notification of Signing" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: New Rule entitled "Notification" adopted. F. Aug. 22, 2001; eff. Sept. 11, 2001.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-6 Signing Provisions

Ga. Comp. R. & Regs. r. 54-6-.01 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-6-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.01}

History

• Authority: O.C.G.A. §§ 43-4A-15, 43-4A-14
• History. Original Rule entitled "Notice to Commission of Intent to Sign" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-6-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-6-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.02}

History

• Authority: O.C.G.A. Secs. 43-4A-4, 43-4A-16
• History. Original Rule entitled "Notice to Commission of Having Signed" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Aug. 22, 2001; eff. Sept. 11, 2001.

Ga. Comp. R. & Regs. r. 54-6-.03 Notice to Athletic Director {#sec-ga.-comp.-r.-regs.-r.-54-6-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.03}

An athlete agent shall notify in writing the appropriate athletic director of having signed an athlete before the contracting athlete practices or participates in any intercollegiate event or within 72 hours after entering into the contract, whichever comes first.

History

• Authority: O.C.G.A. Secs. 43-4A-4, 43-4A-16
• History. Original Rule entitled "Notice to Athletic Director" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: New Rule of same title adopted. F. Aug. 22, 2001; eff. Sept. 11, 2001.

Ga. Comp. R. & Regs. r. 54-6-.04 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-6-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.04}

History

• Authority: O.C.G.A. §§ 43-4A-15, 43-4A-14
• History. Original Rule entitled "Signing Date" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-6-.05 Prohibited Acts Prior to Signing {#sec-ga.-comp.-r.-regs.-r.-54-6-.05 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.05}

Prior to signing an athlete to an agent contract, an agent shall not compensate that athlete or take any other action which may jeopardize that athlete's eligibility to participate in intercollegiate sports contests at an institution of higher education.

History

• Authority: O.C.G.A. Secs. 43-4A-4 and 43-4A-16
• History. Original Rule entitled "Prohibited Acts Prior to Signing" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.

Ga. Comp. R. & Regs. r. 54-6-.06 Sanctions {#sec-ga.-comp.-r.-regs.-r.-54-6-.06 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-6-.06}

An agent who fails to comply with the provisions of this Chapter shall be subject to the sanctions set out in Chapter 54-7.

History

• Authority: O.C.G.A. Secs. 43-4A-4 and 43-4A-16
• History. Original Rule entitled "Sanctions" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.

Chapter 54-7 Sanctions

Ga. Comp. R. & Regs. r. 54-7-.01 Revocation of Registration or Discipline of Registrant {#sec-ga.-comp.-r.-regs.-r.-54-7-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-7-.01}

(1) The Secretary of State may revoke a registration or may discipline a registrant upon a finding that the registrant, its representative or employee has violated Official Code of Georgia Annotated Chapter 43-4A.

(2) When the Secretary of State finds that a registrant should be disciplined, any one or more of the actions enumerated in Official Code of Georgia Annotated Section 43-1-19 may be taken.

History

• Authority: O.C.G.A. § 43-1-19
• History. Original Rule entitled "Revocation of Registration or Discipline of Registrant" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-7-.02 Violations: Felony, Unregistered Practice, Void Contract {#sec-ga.-comp.-r.-regs.-r.-54-7-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-7-.02}

(1) Any person who violates Chapter 43-4A shall be guilty of a felony and, upon conviction thereof, shall be punished by a fine of not less than $5,000.00 or more than $100,000.00 or by imprisonment from one to five years, or both.

(2) Any agent contract or professional services contract that is negotiated for, with, or on behalf of an athlete by a person who has not first registered with the Secretary of State is void.

History

• Authority: O.C.G.A. §§ 43-4A-11, 43-4A-4
• History. Original Rule entitled "Unregistered Practice; Felony, Void Contract" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: New title "Violations: Felony, Unregistered Practice, Void Contract." F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-7-.03 Failure to Maintain Surety Bond {#sec-ga.-comp.-r.-regs.-r.-54-7-.03 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-7-.03}

(1) The Secretary of State shall suspend a registration if the registrant fails to maintain such bond so as to comply with Official Code of Georgia Annotated Section 43-4A-13 or Section 43-4A-14 . An athlete agent shall not carry on business as an athlete agent during the period of suspension.

History

• Authority: O.C.G.A. §§ 43-4A-12, 43-4A-6
• History. Original Rule entitled "Failure to Maintain Surety Bond" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-7-.04 Failure to Comply with Signing Provisions {#sec-ga.-comp.-r.-regs.-r.-54-7-.04 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-7-.04}

Regardless of an athlete's eligibility to participate in intercollegiate sports at an institution of higher education, the athlete agent must comply with signing provisions of O.C.G.A. § 43-4A-14 and 43-4A-15. Failure to do so shall result in the following:

(a) The agent shall be liable for damages in the amount of the surety bond to the athletic department at the institution of higher education at which the athlete is enrolled; and

(b) The agent shall be subject to disciplinary action by the Secretary of State pursuant to Rule 54-7-.01 , and to a civil penalty pursuant to O.C.G.A. § 43-4A-15 .

History

• Authority: O.C.G.A. §§ 43-4A-14, 43-4A-15
• History. Original Rule entitled "Failure to Comply with Signing Provision" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-8 Complaints

Ga. Comp. R. & Regs. r. 54-8-.01 Complaints {#sec-ga.-comp.-r.-regs.-r.-54-8-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-8-.01}

(1) Any person may file a complaint against a registered athlete agent or an unregistered person who is practicing as an athlete agent. The Complaint must be in writing and must be delivered to the Secretary of State at 237 Coliseum Drive, Macon, GA 31217. The Complaint may also be filed online through the Secretary of State's website.

(2) The complaint shall include the complainant's name and contact information, shall be signed by the complainant if submitted in writing, and shall give the name and address of the person or business entity against whom the complaint is filed.

(3) The complaint must specify the circumstances which led to the complaint being filed.

History

• Authority: O.C.G.A. § 43-1-19
• History. Original Rule entitled "Complaints" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-9 Fees

Ga. Comp. R. & Regs. r. 54-9-.01 Fees {#sec-ga.-comp.-r.-regs.-r.-54-9-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-9-.01}

Refer to Fee Schedule for appropriate fees payable to the Secretary of State. Fees may be reviewed and changed at the discretion of the Secretary of State. Any request for refund must be submitted in writing.

History

• Authority: O.C.G.A. § 43-4A-8
• History. Original Rule entitled "Fees" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-9-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-9-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-9-.02}

History

• Authority: O.C.G.A. § 16-9-20
• History. Original Rule entitled "Bad Checks" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Chapter 54-10 Procedural Rules

Ga. Comp. R. & Regs. r. 54-10-.01 Administrative Procedures {#sec-ga.-comp.-r.-regs.-r.-54-10-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-10-.01}

The Secretary of State hereby adopts by reference Procedures for Hearings before the several Professional Licensing Boards Chapter 13 of Title 50, the Georgia Administrative Procedures Act and any future amendments thereto.

History

• Authority: O.C.G.A. § 43-4A-7
• History. Original Rule entitled "Administrative Procedures" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Amended: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-10-.02 Refusal to Grant Registration {#sec-ga.-comp.-r.-regs.-r.-54-10-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-10-.02}

The refusal to grant a registration shall not be considered a contested case within the meaning of the Georgia Administrative Procedures Act. Notice of hearing within the meaning of such Chapter shall not be required.

History

• Authority: O.C.G.A. Sec. 43-4A-7
• History. Original Rule entitled "Refusal to Grant Registration" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.

Chapter 54-11 Repealed

Ga. Comp. R. & Regs. r. 54-11-.01 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-11-.01 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-11-.01}

History

• Authority: O.C.G.A. § 50-14-1
• History. Original Rule entitled "Public Records" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: New Rule of same title adopted. F. Aug. 22, 2001; eff. Sept. 11, 2001.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.

Ga. Comp. R. & Regs. r. 54-11-.02 Repealed {#sec-ga.-comp.-r.-regs.-r.-54-11-.02 omnilex-key=us-ga-regs-official--department-54--Ga. Comp. R. & Regs. r. 54-11-.02}

History

• Authority: O.C.G.A. § 43-1-3
• History. Original Rule entitled "Open Meetings" adopted. F. Oct. 17, 1989; eff. Nov. 6, 1989.
• Repealed: F. Apr. 21, 2021; eff. May 11, 2021.