1. (a) Except as otherwise provided in subsection (b), the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with Section 8-26B-5(a).

2. (b) The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under Section 8-26B-5(a) if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:

   1. (1) pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this state;
   2. (2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
   3. (3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
   4. (4) engaged in conduct prohibited by Section 8-26B-14;
   5. (5) had a registration as an athlete agent suspended, revoked, or denied in any state;
   6. (6) been refused renewal of registration as an athlete agent in any state;
   7. (7) engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student athlete or a sanction on an educational institution; or
   8. (8) engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.

3. (c) In making a determination under subsection (b), the Secretary of State shall consider:

   1. (1) how recently the conduct occurred;
   2. (2) the nature of the conduct and the context in which it occurred; and
   3. (3) other relevant conduct of the applicant.
4. (d) An athlete agent registered under subsection (a) may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.

5. (e) An athlete agent registered under Section 8-26B-5(c) may renew the registration by proceeding under subsection (d) or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state and the renewed registration from the other state. The Secretary of State shall renew the registration if the Secretary of State determines:

   1. (1) the registration requirements of the other state are substantially similar to or more restrictive than this chapter; and
   2. (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. (f) A certificate of registration or renewal of registration under this chapter is valid for two years.

(Act 2016-415, §1.)