Section 436.230

Title XXVIII CONTRACTS AND CONTRACTUAL RELATIONS

Chapter 436

Effective - 28 Aug 2021, 3 histories   

  436.230.  Certificate of registration issued, when — refusal to issue, when, considerations — certificate renewal, procedure. — 1.  Except as otherwise provided in subsection 2 of this section, the director shall issue a certificate of registration to an individual who complies with section 436.227.

  2.  The director may refuse to issue a certificate of registration if the director determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to serve as an athlete agent.  In making the determination, the director may consider whether the applicant has:

  (1)  Been finally adjudicated and found guilty, or entered a plea of guilty or nolo contendere, in a criminal prosecution under the laws of any state, of the United States, or of any country, for any offense directly related to the duties and responsibilities of the occupation, as set forth in section 324.012, regardless of whether or not sentence is imposed;

  (2)  Made a materially false, misleading, deceptive, or fraudulent representation as an athlete agent or in the application;

  (3)  Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

  (4)  Engaged in conduct prohibited by section 436.254;

  (5)  Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure in any state;

  (6)  Engaged in conduct or failed to engage in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student athlete or educational institution; or

  (7)  Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

  3.  In making a determination under subsection 2 of this section, the director shall consider:

  (1)  How recently the conduct occurred;

  (2)  The nature of the conduct and the context in which it occurred; and

  (3)  Any other relevant conduct of the applicant.

  4.  An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the director.  The application for renewal shall be signed by the applicant under penalty of perjury under section 575.040 and shall contain current information on all matters required in an original registration.

  5.  An athlete agent registered under subsection 3 of section 436.227 may renew the registration by proceeding under subsection 4 of this section or, if the registration in the other state has been renewed, by submitting to the director copies of the application for renewal in the other state and the renewed registration from the other state.  The director shall renew the registration if the director determines:

  (1)  The registration requirements of the other state are substantially similar to or more restrictive than the requirements provided under sections 436.215 to 436.272; and

  (2)  The renewed 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.

  6.  A certificate of registration or a renewal of a registration is valid for two years.

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(L. 2004 S.B. 1122, A.L. 2020 H.B. 2046, A.L. 2021 H.B. 273)