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title-142•Alabama Administrative Code, Title 142 — Alabama Athlete Agents Commission
title-142Alabama Admin. Code Title 142Regulation1 gen 1900
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
Incomplete application packages will not be processed.
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
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.
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
a. First, the athlete agent must promptly receive written notice of the alleged misconduct or specific ground(s) being considered to limit, suspend, revoke, refuse to renew, or refuse to make permanent his or her Alabama registration or temporary registration. Notice must also reference authority to assess civil penalties. Notice will be sent via U.S. mail, properly addressed to the registered mailing address of the athlete agent.
b. Prior to consideration by the Commission, the Secretary of State will conduct a fact-finding process to provide the registered athlete agent with a meaningful opportunity to respond to the noticed allegation(s). The registered athlete agent may choose to respond in person, electronically by video conference, or in writing.
c. Hearing. If the athlete agent seeks to appear in person or electronically by video conference, he or she must advise the Secretary of State within ten (10) days from the date the notice was postmarked to the agent's registered mailing address. Untimely requests will not be accepted. For timely requests, a hearing will be scheduled, accordingly, within thirty (30) days from the date the agent's request was postmarked and properly addressed. A staff attorney for the Secretary of State will serve as the hearing officer. An appropriate non-attorney designee of the Secretary of State will present supporting evidence for each noticed allegation at the hearing. The athlete agent may retain and have legal counsel present at the hearing; however, the athlete agent will be required to present his/her case and provide all evidence to the hearing officer directly. Legal counsel present for the athlete agent, if any, may be consulted during breaks or as otherwise permitted by the hearing officer.
d. Written Response. If the athlete agent seeks to respond in writing, he or she must submit any written comments and supporting documentation or evidence within thirty (30) days from the date the notice was postmarked to the agent's registered mailing address. Untimely responses will not be accepted. All timely written comments, supporting documentation, and evidence will be reviewed by a staff attorney for the Secretary of State.
e. Upon conclusion of the fact-finding process, whether by hearing or in writing, the staff attorney for the Secretary of State will provide a written report to the Commission summarizing the evidence received, including any testimony or correspondence. Evidence may be incorporated into the report as exhibits, as appropriate. In the event no response is received from the agent, whether by hearing or in writing, the staff attorney for the Secretary of State will prepare a report to the Commission stating the same and summarizing all evidence available for consideration. The report will determine whether sufficient evidence was received to support the allegation(s). The report will be the official record of the fact-finding process.
Upon receipt of the written report and in consideration thereof, along with any recommendation made from the Secretary of State, the Commission may take appropriate action to limit, suspend, revoke, refuse to renew, or refuse to make permanent the registration or temporary registration of an athlete agent.
The Commission, upon recommendation of the Secretary of State, may also assess a civil penalty against an athlete agent not to exceed fifty thousand dollars ($50,000.00) for each violation of the Revised Uniform Athlete Agents Act (Title 8, Chapter 26B of the Alabama Code).
If necessary, to discuss good name and character in consideration of the aforementioned actions and/or otherwise in compliance with the Alabama Open Meetings Act, the Commission may properly convene an executive session.
The decision of the Commission to limit, suspend, revoke, refuse to renew, or refuse to make permanent the registration or temporary registration of an athlete agent and/or to impose a civil penalty will be made in public meeting and memorialized in the meeting minutes.
Notice of the Commission's decision will be promptly transmitted to the athlete agent via U.S. Mail.
History
Reconsideration of the decision of the Commission may be requested based on good cause shown. Good cause shall include, but is not limited to, additional evidence or information, which was not previously available, and which more likely than not would have influenced the Commission's decision. A written request for reconsideration shall be filed within thirty (30) days from the postmark date of the notice of the Commission's decision. Untimely requests will not be considered.
History
(Repealed).
Author: Sharon Frith
History
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