ORS Chapter 702 - Oregon Statutes

Chapter 702 — StudentAthlete Agents

 

2009 EDITION

 

STUDENTATHLETE AGENTS

 

OCCUPATIONSAND PROFESSIONS

 

702.005     Definitions

 

702.012     Registrationrequirement; exceptions; issuance; expiration; renewal; suspension; revocation

 

702.017     Applicationform; contents

 

702.019     Temporarycertificate of registration

 

702.023     Fees

 

702.027     Restrictionson athlete agents

 

702.030     Restrictionson inducement of student athletes

 

702.032     Offeringanything of value to student athlete as contract inducement prohibited

 

702.037     Offeringanything of value to other individuals as contract inducement prohibited

 

702.047     Contractrequirements

 

702.052     Studentmay cancel contract

 

702.054     Noticeof contract

 

702.057     Civilremedies available for educational institutions

 

702.059     Retentionof records; inspection

 

702.062     Appointmentof Department of Education as agent for service of process; subpoenas

 

702.063     Rules

 

702.065     Uniformityof law

 

702.991     Criminalpenalties

 

702.994     Civilpenalties

 

      702.005Definitions.As used in ORS 702.005 to 702.065, 702.991 and 702.994:

      (1)“Agency contract” means an agreement in which a student athlete authorizes aperson to negotiate or solicit on behalf of the student athlete a professionalsports services contract or an endorsement contract.

      (2)(a)“Athlete agent” means an individual who enters into an agency contract with astudent athlete or, directly or indirectly, recruits or solicits a studentathlete to enter into an agency contract. “Athlete agent” includes anindividual who represents to the public that the individual is an athleteagent.

      (b)“Athlete agent” does not include a spouse, parent, sibling, grandparent orlegal guardian of the student athlete or an individual acting solely on behalfof a professional sports team or professional sports organization.

      (3)“Athletic director” means an individual responsible for administering theoverall athletic program of an educational institution or, if an educationalinstitution has separately administered athletic programs for male students andfemale students, the athletic program for males or the athletic program forfemales, as appropriate.

      (4)“Contact” means a communication, direct or indirect, between an athlete agentand a student athlete, to recruit or solicit the student athlete to enter intoan agency contract.

      (5)“Endorsement contract” means an agreement under which a student athlete isemployed or receives consideration to use on behalf of the other party anyvalue that the student athlete may have because of publicity, reputation,following or fame obtained because of athletic ability or performance.

      (6)“Intercollegiate sport” means a sport played at the collegiate level for whicheligibility requirements for participation by a student athlete are establishedby a national association for the promotion or regulation of collegiateathletics.

      (7)“Person” means an individual, corporation, business trust, estate, trust,partnership, limited liability company, association, joint venture, publicbody, as defined in ORS 174.109, or any other legal or commercial entity.

      (8)“Professional sports services contract” means an agreement under which anindividual is employed, or agrees to render services, as a player on aprofessional sports team, with a professional sports organization or as aprofessional athlete.

      (9)“Record” means information that is inscribed on a tangible medium or that isstored in an electronic or other medium and is retrievable in perceivable form.

      (10)“Registration” means registration as an athlete agent pursuant to ORS 702.005to 702.065, 702.991 and 702.994.

      (11)“State” means a state of the United States, the District of Columbia, PuertoRico, the United States Virgin Islands or any territory or insular possessionsubject to the jurisdiction of the United States.

      (12)“Student athlete” means an individual who engages in, is eligible to engage inor may be eligible in the future to engage in any intercollegiate sport. If anindividual is permanently ineligible to participate in a particularintercollegiate sport, the individual is not a student athlete for purposes ofthat sport. [1999 c.1079 §1; 2001 c.300 §80; 2003 c.364 §56; 2005 c.525 §1]

 

      702.010 [1971 c.771 §1;1973 c.832 §§61,61a; 1979 c.352 §4; 1983 c.411 §1; 1987 c.414 §91a; 1987 c.456 §7;repealed by 1995 c.386 §1]

 

      702.012Registration requirement; exceptions; issuance; expiration; renewal;suspension; revocation. (1) Except as otherwise provided in subsection (2)of this section, an individual may not act as an athlete agent in Oregonwithout holding a certificate of registration issued under this section or ORS702.019.

      (2)Before being issued a certificate of registration, an individual may act as anathlete agent in Oregon for all purposes except signing an agency contract, if:

      (a)A student athlete or another person acting on behalf of the student athleteinitiates communication with the individual; and

      (b)Within seven days after an initial act as an athlete agent, the individualsubmits an application for registration as an athlete agent in Oregon.

      (3)An agency contract resulting from conduct in violation of this section is voidand the athlete agent shall return any consideration received under thecontract.

      (4)Except as otherwise provided in subsection (5) of this section, the Departmentof Education shall issue a certificate of registration to an individual whocomplies with ORS 702.017 (1) and (2) or whose application has been acceptedunder ORS 702.017 (3).

      (5)The department may refuse to issue a certificate of registration if thedepartment determines that the applicant has engaged in conduct that has asignificant adverse effect on the applicant’s fitness to act as an athleteagent. In making the determination, the department may consider whether theapplicant has:

      (a)Been convicted of a crime that, if committed in Oregon, would be a crimeinvolving moral turpitude or a felony;

      (b)Made a materially false, misleading, deceptive or fraudulent representation inthe application or as an athlete agent;

      (c)Engaged in conduct that would disqualify the applicant from serving in afiduciary capacity;

      (d)Engaged in conduct prohibited by ORS 702.027;

      (e)Had a registration or licensure as an athlete agent suspended, revoked ordenied or been refused renewal of registration or licensure as an athlete agentin any state;

      (f)Engaged in conduct the consequence of which was that a sanction, suspension ordeclaration of ineligibility to participate in an interscholastic orintercollegiate athletic event was imposed on a student athlete or educationalinstitution; or

      (g)Engaged in conduct that significantly adversely reflects on the applicant’scredibility, honesty or integrity.

      (6)In making a determination under subsection (5) of this section, the departmentshall consider:

      (a)How recently the conduct occurred;

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

      (c)Any other relevant conduct of the applicant.

      (7)An athlete agent may apply to renew a registration by submitting an applicationfor renewal in a form prescribed by the department. The application for renewalmust be signed by the applicant under penalty of perjury and must containcurrent information on all matters required in an original registration.

      (8)An individual who has submitted an application for renewal of registration orlicensure in another state, in lieu of submitting an application for renewal inthe form prescribed pursuant to subsection (7) of this section, may file a copyof the application for renewal and a valid certificate of registration orlicensure from the other state. The department shall accept the application forrenewal from the other state as an application for renewal in Oregon if theapplication to the other state:

      (a)Was submitted in the other state within the preceding six months and theapplicant certifies that the information contained in the application forrenewal is current;

      (b)Contains information substantially similar to or more comprehensive than thatrequired in an application for renewal submitted in Oregon; and

      (c)Was signed by the applicant under penalty of perjury.

      (9)A certificate of registration or a renewal of a registration is valid for twoyears.

      (10)The department may suspend, revoke or refuse to renew a registration forconduct that would have justified denial of registration under subsection (5)of this section.

      (11)The department may deny, suspend, revoke or refuse to renew a certificate ofregistration or licensure only after proper notice and an opportunity for ahearing. [1999 c.1079 §2; 2005 c.525 §4]

 

      702.017Application form; contents. (1) An applicant for registration shall submit anapplication for registration to the Department of Education in a formprescribed by the department and, if requested by the department, shall allow thedepartment to take fingerprints for the purpose of requesting a state ornationwide criminal records check under ORS 181.534.

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

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

      (b)The name of the applicant’s business or employer, if applicable;

      (c)Any business or occupation engaged in by the applicant for the five yearspreceding the date of submission of the application;

      (d)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 athleteagent;

      (e)The names and addresses of three individuals not related to the applicant whoare willing to serve as references;

      (f)The name, sport and last known team for each individual for whom the applicantacted as an athlete agent during the five years preceding the date ofsubmission of the application;

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

      (A)With respect to the athlete agent’s business if the business is not acorporation, the partners, members, officers, managers, associates or profitsharers of the business; and

      (B)With respect to a corporation employing the athlete agent, the officers,directors and any shareholder of the corporation having an interest of fivepercent or more;

      (h)Whether the applicant or any person named pursuant to paragraph (g) of thissubsection has been convicted of a crime that, if committed in Oregon, would bea crime involving moral turpitude or a felony, and identify the crime;

      (i)Whether there has been any administrative or judicial determination that theapplicant or any person named pursuant to paragraph (g) of this subsection hasmade a false, misleading, deceptive or fraudulent representation;

      (j)Whether there has been any denial of an application for, suspension orrevocation of or refusal to renew the registration or licensure of theapplicant or any person named pursuant to paragraph (g) of this subsection asan athlete agent in any state;

      (k)Any sanction, suspension or disciplinary action taken against the applicant orany person named pursuant to paragraph (g) of this subsection arising out ofoccupational or professional conduct; and

      (L)Any instance in which the conduct of the applicant or any person named pursuantto paragraph (g) of this subsection resulted in the imposition of a sanction,suspension or declaration of ineligibility to participate in an interscholasticor intercollegiate athletic event on a student athlete or educationalinstitution.

      (3)An individual who has submitted an application for and holds a certificate ofregistration or licensure as an athlete agent in another state may submit acopy of the application and certificate in lieu of submitting an application inthe form prescribed pursuant to subsection (2) of this section. The departmentshall accept the application and the certificate from the other state as anapplication for registration in Oregon if the application to the other state:

      (a)Was submitted in the other state within the preceding six months and theapplicant certifies that the information contained in the application iscurrent;

      (b)Contains information substantially similar to or more comprehensive than thatrequired in an application submitted in Oregon; and

      (c)Was signed by the applicant under penalty of perjury. [1999 c.1079 §3; 2005c.730 §§41,87]

 

      702.019Temporary certificate of registration. The Department of Education may issue atemporary certificate of registration while an application for registration orrenewal of registration is pending. [2005 c.525 §6]

 

      702.020 [1971 c.771 §21;1973 c.576 §1; 1983 c.411 §2; 1987 c.447 §138; repealed by 1995 c.386 §1]

 

      702.022 [1999 c.1079 §4;repealed by 2005 c.730 §77]

 

      702.023Fees.(1) An application for registration or renewal of registration must beaccompanied by a fee in the following amount:

      (a)$250 for an initial application for registration;

      (b)$150 for an application for registration based upon a certificate of registrationor licensure issued by another state;

      (c)$150 for an application for renewal of registration; or

      (d)$150 for an application for renewal of registration based upon an applicationfor renewal of registration or licensure submitted in another state.

      (2)Any fees collected under this section by the Department of Education shall bedeposited in the Department of Education Account established under ORS 326.115.[2005 c.525 §7]

 

      702.027Restrictions on athlete agents. An athlete agent may not intentionally:

      (1)Initiate contact with a student athlete unless registered under ORS 702.005 to702.065, 702.991 and 702.994;

      (2)Refuse or fail to retain or permit inspection of the records required to beretained by ORS 702.059;

      (3)Fail to register when required by ORS 702.012;

      (4)Provide materially false or misleading information in an application forregistration or renewal of registration;

      (5)Predate or postdate an agency contract; or

      (6)Fail to notify a student athlete before the student athlete signs or otherwiseauthenticates an agency contract for a particular sport that the signing orauthentication may make the student athlete ineligible to participate as astudent athlete in that sport. [1999 c.1079 §6; 2005 c.525 §8]

 

      702.030Restrictions on inducement of student athletes. An athleteagent may not, with the intent to induce a student athlete to enter into anagency contract, give any materially false or misleading information or make amaterially false promise or representation. [2005 c.525 §11]

 

      702.032Offering anything of value to student athlete as contract inducement prohibited. An athleteagent may not, for the purpose of inducing a student athlete to enter into anagency contract, furnish anything of value to the student athlete before thestudent athlete enters into an agency contract. [1999 c.1079 §5; 2005 c.525 §9]

 

      702.037Offering anything of value to other individuals as contract inducementprohibited.An athlete agent may not, with the intent to induce a student athlete to enterinto an agency contract, furnish anything of value to any individual other thanthe student athlete or another registered athlete agent. [1999 c.1079 §7; 2005c.525 §10]

 

      702.042 [1999 c.1079 §8;repealed by 2005 c.525 §23]

 

      702.047Contract requirements. (1) An agency contract must be in a record, signedor otherwise authenticated by the parties.

      (2)An agency contract must state or contain:

      (a)The amount and method of calculating the consideration to be paid by thestudent athlete for services to be provided by the athlete agent under thecontract and any other consideration the athlete agent has received or willreceive from any other source for entering into the contract or for providingthe services;

      (b)The name of any person not listed in the application for registration orrenewal of registration who will be compensated because the student athletesigned the agency contract;

      (c)A description of any expenses that the student athlete agrees to reimburse;

      (d)A description of the services to be provided to the student athlete;

      (e)The duration of the contract; and

      (f)The date of execution.

      (3)An agency contract must contain, in close proximity to the signature of thestudent athlete, a conspicuous notice in boldfaced type in capital letters stating:

______________________________________________________________________________

 

WARNING TO THESTUDENT ATHLETE:

 

      IFYOU SIGN THIS CONTRACT:

      (1)YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT.

      (2)IF YOU HAVE AN ATHLETIC DIRECTOR, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFYYOUR ATHLETIC DIRECTOR WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, ORBEFORE YOU PARTICIPATE IN ANY INTERSCHOLASTIC OR INTERCOLLEGIATE SPORTS EVENT,WHICHEVER OCCURS FIRST.

      (3)YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OFTHIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

______________________________________________________________________________

 

      (4)An agency contract that does not conform to this section is voidable by thestudent athlete. If a student athlete voids an agency contract, the studentathlete is not required to pay any consideration under the contract or toreturn any consideration received from the athlete agent to induce the studentathlete to enter into the contract.

      (5)The athlete agent shall give a record of the signed or otherwise authenticatedagency contract to the student athlete at the time of execution. [1999 c.1079 §9;2005 c.525 §12]

 

      702.050 [1971 c.771 §2;1979 c.352 §5; 1983 c.411 §3; repealed by 1995 c.386 §1]

 

      702.052Student may cancel contract. (1) A student athlete may cancel anagency contract by giving notice of the cancellation to the athlete agent in arecord within 14 days after the contract is signed.

      (2)The right of a student to cancel a contract under this section may not bewaived.

      (3)If a student athlete cancels an agency contract, the student athlete is notrequired to pay any consideration under the contract or to return anyconsideration received from the athlete agent to induce the student athlete toenter into the contract. [1999 c.1079 §10; 2005 c.525 §15]

 

      702.054Notice of contract.(1) Within 72 hours after entering into an agency contract or before the nextscheduled athletic event in which the student athlete may participate,whichever occurs first, the athlete agent shall give notice in a record of theexistence of the contract to the athletic director of the educationalinstitution at which the student athlete is enrolled or the athlete agent hasreasonable grounds to believe the student athlete intends to enroll.

      (2)Within 72 hours after entering into an agency contract or before the nextathletic event in which the student athlete may participate, whichever occursfirst, the student athlete shall inform the athletic director of theeducational institution at which the student athlete is enrolled that thestudent athlete has entered into an agency contract. [2005 c.525 §14]

 

      702.057Civil remedies available for educational institutions. (1) Aneducational institution shall have a cause of action against an athlete agentor a former student athlete for damages caused by a violation of ORS 702.005 to702.065, 702.991 and 702.994. In an action under this section, the court mayaward to the prevailing party costs and reasonable attorney fees.

      (2)For the purposes of this section, damages of an educational institution includelosses and expenses incurred because, as a result of the conduct of an athleteagent or former student athlete, the educational institution was injured by aviolation of ORS 702.005 to 702.065, 702.991 and 702.994 or was penalized,disqualified or suspended from participation in athletics by a nationalassociation for the promotion and regulation of athletics, by an athletic conferenceor by reasonable self-imposed disciplinary action taken to mitigate sanctionslikely to be imposed by such an organization.

      (3)A cause of action under this section does not accrue until the educationalinstitution discovers or by the exercise of reasonable diligence would havediscovered the violation by the athlete agent or former student athlete.

      (4)Any liability of the athlete agent or the former student athlete under thissection is several and not joint.

      (5)ORS 702.005 to 702.065, 702.991 and 702.994 do not restrict rights, remedies ordefenses of any person under law or equity. [1999 c.1079 §11; 2005 c.525 §17]