9-15.2-05. Certificate of registration - Issuance or denial - Renewal

9-15.2-05. Certificate of registration - Issuance or denial - Renewal

1. Except as otherwise provided in subsection 2, the secretary of state shall issue a

certificate of registration to an applicant for registration who complies with subsection 1

of section 9-15.2-04.

2. The secretary of state may refuse to issue a certificate of registration to an applicant

for registration under subsection 1 of section 9-15.2-04 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:

a. 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;

b. Made a materially false, misleading, deceptive, or fraudulent representation in the

application or as an athlete agent;

c. Engaged in conduct that would disqualify the applicant from serving in a fiduciary

capacity;

d. Engaged in conduct prohibited by section 9-15.2-13;

e. Had a registration as an athlete agent suspended, revoked, or denied in any

state;

f. Been refused renewal of registration as an athlete agent in any state;

g. 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

h. Engaged in conduct that adversely reflects on the applicant's credibility, honesty,

or integrity.

3. In making a determination under subsection 2, the secretary of state shall consider:

a. How recently the conduct occurred;

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

c. Other relevant conduct of the applicant.

4. An athlete agent registered under subsection 1 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. An athlete agent registered under subsection 3 of section 9-15.2-04 may renew the

registration by proceeding under subsection 4 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:

a. The registration requirements of the other state are substantially similar to or

more restrictive than this chapter; and

b. 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 renewal of registration under this chapter is valid for

two years.