2017 ORS 702.017¹
Application form
  • contents
  • issuance of certificate of registration

(1) An applicant for registration as an athlete agent shall submit an application for registration to the Department of Education in a form prescribed by the department and, if requested by the department, shall allow the department to take fingerprints for the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check).

(2) The application must be in the name of an individual and, except as otherwise provided in subsection (3) of this section, signed or otherwise authenticated by the applicant under penalty of perjury. The application must state or contain:

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

(b) The applicant’s date of birth and place of birth;

(c) The following contact information for the applicant:

(A) Cellular and work telephone numbers; and

(B) Any means of electronic communication, including a facsimile number, electronic mail address and personal, business or employer website addresses;

(d) The following information about the applicant’s business or employer, if applicable:

(A) Name, address and telephone numbers;

(B) The nature of the business; and

(C) The type of organization;

(e) Each social media account with which the applicant or applicant’s business or employer is affiliated;

(f) Any business or occupation engaged in by the applicant for the five years preceding the date of submission of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time;

(g) A description of the applicant’s:

(A) Formal training as an athlete agent;

(B) Practical experience as an athlete agent; and

(C) Educational background relating to the applicant’s activities as an athlete agent;

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

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

(j) The names and addresses of all persons who are:

(A) A partner, member, officer, manager, associate or profit sharer of the athlete agent’s business or who directly or indirectly hold an equity interest of five percent or greater of the athlete agent’s business if the business is not a corporation; and

(B) An officer or director of a corporation employing the athlete agent or a shareholder having an interest of five percent or greater in the corporation;

(k) A description of the status of any application by the applicant, or any person named under paragraph (j) of this subsection, for a state or federal business, professional or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand or censure related to the license;

(L) Whether the applicant or any person named pursuant to paragraph (j) of this subsection has pleaded guilty or no contest to, has been convicted of, or has charges pending for a crime that, if committed in Oregon, would be a crime involving moral turpitude or a felony, and if so, identification of the following:

(A) The name of the crime;

(B) The law enforcement agency involved; and

(C) If applicable, the date of conviction and penalty imposed;

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

(n) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew or abandonment of the registration or licensure of the applicant or any person named pursuant to paragraph (j) of this subsection as an athlete agent in any state;

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

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

(q) The name of each student athlete for whom the applicant acted as an athlete agent for the five years preceding the date of submission of the application or, if the athlete is a minor, the name of the parent or guardian of the athlete, together with the athlete’s sport and last known team;

(r) Whether, within the 15 years preceding the date of submission of the application, the applicant, or any person named pursuant to paragraph (j) of this subsection, has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence, and, if so, the date and a full explanation of each proceeding;

(s) Whether the applicant, or any person named under paragraph (j) of this subsection, has an unsatisfied judgment or order or a judgment of continuing effect for spousal support or child support and the applicant or person is in arrears as of the date of the application;

(t) Whether, within the 10 years preceding the date of submission of the application, the applicant, or any person named pursuant to paragraph (j) of this subsection, was adjudicated as bankrupt or was an owner of a business that was adjudicated as bankrupt;

(u) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

(v) If the applicant is certified or registered by a professional league or player’s association:

(A) The name of the league or association;

(B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and

(C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

(w) Any other information required by the department.

(3) Instead of proceeding under subsection (2) of this section, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the department:

(a) A copy of the application for registration in the other state;

(b) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and

(c) A copy of the certificate of registration from the other state.

(4) The department shall issue a certificate of registration to an individual who applies for registration under subsection (3) of this section if the department determines:

(a) The application and registration requirements of the other state are substantially similar to or more restrictive than ORS 702.005 (Definitions) to 702.065 (Uniformity of law), 702.991 (Criminal penalties) and 702.994 (Civil penalties); and

(b) The registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

(5) For purposes of implementing subsection (4) of this section, the department shall:

(a) Cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than ORS 702.005 (Definitions) to 702.065 (Uniformity of law), 702.991 (Criminal penalties) and 702.994 (Civil penalties); and

(b) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies. [1999 c.1079 §3; 2005 c.730 §§41,87; 2017 c.113 §4]

1 Legislative Counsel Committee, CHAPTER 702—Student Athlete Agents, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors702.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.