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  436.230.  Certificate of registration issued, when — refusal to issue, when. — 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 convicted of a crime that if committed in this state would be a felony or other crime involving moral turpitude;

  (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 3 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 must 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.  A certificate of registration or a renewal of a registration is valid for two years.


(L. 2004 S.B. 1122)

*Words "subsection 1 of" appear in original rolls.

---- end of effective   28 Aug 2004 ----

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