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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 702 Student Athlete Agents
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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 a person to negotiate or solicit on behalf of the student
athlete a professional sports services contract or an endorsement
contract.
(2)(a) “Athlete agent” means an individual who enters into an
agency contract with a student athlete or, directly or indirectly,
recruits or solicits a student athlete to enter into an agency contract.
“Athlete agent” includes an individual who represents to the public that
the individual is an athlete agent.
(b) “Athlete agent” does not include a spouse, parent, sibling,
grandparent or legal guardian of the student athlete or an individual
acting solely on behalf of a professional sports team or professional
sports organization.
(3) “Athletic director” means an individual responsible for
administering the overall athletic program of an educational institution
or, if an educational institution has separately administered athletic
programs for male students and female students, the athletic program for
males or the athletic program for females, as appropriate.
(4) “Contact” means a communication, direct or indirect, between an
athlete agent and a student athlete, to recruit or solicit the student
athlete to enter into an agency contract.
(5) “Endorsement contract” means an agreement under which a student
athlete is employed or receives consideration to use on behalf of the
other party any value 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 which eligibility requirements for participation by a student
athlete are established by a national association for the promotion or
regulation of collegiate athletics.
(7) “Person” means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association, joint
venture, public body, as defined in ORS 174.109, or any other legal or
commercial entity.
(8) “Professional sports services contract” means an agreement
under which an individual is employed, or agrees to render services, as a
player on a professional sports team, with a professional sports
organization or as a professional athlete.
(9) “Record” means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(10) “Registration” means registration as an athlete agent pursuant
to ORS 702.005 to 702.065, 702.991 and 702.994.
(11) “State” means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands or any territory
or insular possession subject to the jurisdiction of the United States.
(12) “Student athlete” means an individual who engages in, is
eligible to engage in or may be eligible in the future to engage in any
intercollegiate sport. If an individual is permanently ineligible to
participate in a particular intercollegiate sport, the individual is not
a student athlete for purposes of that sport. [1999 c.1079 §1; 2001 c.300
§80; 2003 c.364 §56; 2005 c.525 §1](1) Except as
otherwise provided in subsection (2) of this section, an individual may
not act as an athlete agent in Oregon without holding a certificate of
registration issued under this section or ORS 702.019.
(2) Before being issued a certificate of registration, an
individual may act as an athlete 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 athlete initiates communication with the individual; and
(b) Within seven days after an initial act as an athlete agent, the
individual submits an application for registration as an athlete agent in
Oregon.
(3) An agency contract resulting from conduct in violation of this
section is void and the athlete agent shall return any consideration
received under the contract.
(4) Except as otherwise provided in subsection (5) of this section,
the Department of Education shall issue a certificate of registration to
an individual who complies with ORS 702.017 (1) and (2) or whose
application has been accepted under ORS 702.017 (3).
(5) The department may refuse to issue a certificate of
registration if the department determines that the applicant has engaged
in conduct that has a significant adverse effect on the applicant’s
fitness to act as an athlete agent. In making the determination, the
department may consider whether the applicant has:
(a) Been convicted of a crime that, if committed in Oregon, would
be a crime involving moral turpitude or a felony;
(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 ORS 702.027;
(e) Had a registration or licensure as an athlete agent suspended,
revoked or denied or been refused renewal of registration or licensure as
an athlete agent in any state;
(f) Engaged 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
(g) Engaged in conduct that significantly adversely reflects on the
applicant’s credibility, honesty or integrity.
(6) In making a determination under subsection (5) of this section,
the department shall 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 application for renewal in a form prescribed by the
department. The application for renewal must be signed by the applicant
under penalty of perjury and must contain current information on all
matters required in an original registration.
(8) An individual who has submitted an application for renewal of
registration or licensure in another state, in lieu of submitting an
application for renewal in the form prescribed pursuant to subsection (7)
of this section, may file a copy of the application for renewal and a
valid certificate of registration or licensure from the other state. The
department shall accept the application for renewal from the other state
as an application for renewal in Oregon if the application to the other
state:
(a) Was submitted in the other state within the preceding six
months and the applicant certifies that the information contained in the
application for renewal is current;
(b) Contains information substantially similar to or more
comprehensive than that required 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 two years.
(10) The department may suspend, revoke or refuse to renew a
registration for conduct 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 of registration or licensure only after proper notice and an
opportunity for a hearing. [1999 c.1079 §2; 2005 c.525 §4] (1) An
applicant for registration shall submit an application for registration
to the Department of Education in a form prescribed by the department
and, if requested by the department, shall allow the department to take
fingerprints for the purpose of requesting a state or nationwide criminal
records check under ORS 181.534.
(2) The application must be in the name of an individual and,
except as otherwise provided in subsection (3) of this section, signed or
otherwise authenticated by the applicant under penalty of perjury. The
application must state or contain:
(a) The name of the applicant and the address of the applicant’s
principal place of business;
(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 years preceding 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 athlete agent;
(e) The names and addresses of three individuals not related to the
applicant who are willing to serve as references;
(f) The name, sport and last known team for each individual for
whom the applicant acted as an athlete agent during the five years
preceding the date of submission 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 a corporation, the partners, members, officers, managers, associates
or profit sharers 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 five percent or more;
(h) Whether the applicant or any person named pursuant to paragraph
(g) of this subsection has been convicted of a crime that, if committed
in Oregon, would be a crime involving moral turpitude or a felony, and
identify the crime;
(i) Whether there has been any administrative or judicial
determination that the applicant or any person named pursuant to
paragraph (g) of this subsection has made a false, misleading, deceptive
or fraudulent representation;
(j) Whether there has been any denial of an application for,
suspension or revocation of or refusal to renew the registration or
licensure of the applicant or any person named pursuant to paragraph (g)
of this subsection as an athlete agent in any state;
(k) Any sanction, suspension or disciplinary action taken against
the applicant or any person named pursuant to paragraph (g) of this
subsection arising out of occupational or professional conduct; and
(L) Any instance in which the conduct of the applicant or any
person named pursuant to paragraph (g) of this subsection resulted in the
imposition of a sanction, suspension or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic event on a
student athlete or educational institution.
(3) An individual who has submitted an application for and holds a
certificate of registration or licensure as an athlete agent in another
state may submit a copy of the application and certificate in lieu of
submitting an application in the form prescribed pursuant to subsection
(2) of this section. The department shall accept the application and the
certificate from the other state as an application for registration in
Oregon if the application to the other state:
(a) Was submitted in the other state within the preceding six
months and the applicant certifies that the information contained in the
application is current;
(b) Contains information substantially similar to or more
comprehensive than that required in an application submitted in Oregon;
and
(c) Was signed by the applicant under penalty of perjury. [1999
c.1079 §3; 2005 c.730 §§41,87] The Department of
Education may issue a temporary certificate of registration while an
application for registration or renewal of registration is pending. [2005
c.525 §6] (1) An application for registration or renewal of
registration must be accompanied 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 registration or 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 application for renewal of registration or licensure submitted in
another state.
(2) Any fees collected under this section by the Department of
Education shall be deposited in the Department of Education Account
established under ORS 326.115. [2005 c.525 §7] An athlete agent may not
intentionally:
(1) Initiate contact with a student athlete unless registered under
ORS 702.005 to 702.065, 702.991 and 702.994;
(2) Refuse or fail to retain or permit inspection of the records
required to be retained by ORS 702.059;
(3) Fail to register when required by ORS 702.012;
(4) Provide materially false or misleading information in an
application for registration 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 otherwise authenticates an agency contract for a particular
sport that the signing or authentication may make the student athlete
ineligible to participate as a student athlete in that sport. [1999
c.1079 §6; 2005 c.525 §8] An athlete
agent may not, with the intent to induce a student athlete to enter into
an agency contract, give any materially false or misleading information
or make a materially false promise or representation. [2005 c.525 §11]An athlete agent may not, for the purpose of
inducing a student athlete to enter into an agency contract, furnish
anything of value to the student athlete before the student athlete
enters into an agency contract. [1999 c.1079 §5; 2005 c.525 §9]An athlete agent may not, with the intent to
induce a student athlete to enter into an agency contract, furnish
anything of value to any individual other than the student athlete or
another registered athlete agent. [1999 c.1079 §7; 2005 c.525 §10] (1) An agency contract must be in a
record, signed or 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 the student athlete for services to be provided by the athlete
agent under the contract and any other consideration the athlete agent
has received or will receive from any other source for entering into the
contract or for providing the services;
(b) The name of any person not listed in the application for
registration or renewal of registration who will be compensated because
the student athlete signed 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 the student athlete, a conspicuous notice in boldfaced type
in capital letters stating:
___________________________________________________________________________
___
WARNING TO THE STUDENT ATHLETE:IF YOU 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 NOTIFY YOUR ATHLETIC DIRECTOR WITHIN 72 HOURS AFTER ENTERING
INTO THIS CONTRACT, OR BEFORE 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 OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.
___________________________________________________________________________
___
(4) An agency contract that does not conform to this section is
voidable by the student athlete. If a student athlete voids an agency
contract, the student athlete is not required to pay any consideration
under the contract or to return any consideration received from the
athlete agent to induce the student athlete to enter into the contract.
(5) The athlete agent shall give a record of the signed or
otherwise authenticated agency contract to the student athlete at the
time of execution. [1999 c.1079 §9; 2005 c.525 §12] (1) A student athlete may
cancel an agency contract by giving notice of the cancellation to the
athlete agent in a record within 14 days after the contract is signed.
(2) The right of a student to cancel a contract under this section
may not be waived.
(3) If a student athlete cancels an agency contract, the student
athlete is not required to pay any consideration under the contract or to
return any consideration received from the athlete agent to induce the
student athlete to enter into the contract. [1999 c.1079 §10; 2005 c.525
§15] (1) Within 72 hours after entering into
an agency contract or before the next scheduled athletic event in which
the student athlete may participate, whichever occurs first, the athlete
agent shall give notice in a record of the existence of the contract to
the athletic director of the educational institution at which the student
athlete is enrolled or the athlete agent has reasonable grounds to
believe the student athlete intends to enroll.
(2) Within 72 hours after entering into an agency contract or
before the next athletic event in which the student athlete may
participate, whichever occurs first, the student athlete shall inform the
athletic director of the educational institution at which the student
athlete is enrolled that the student athlete has entered into an agency
contract. [2005 c.525 §14] (1)
An educational institution shall have a cause of action against an
athlete agent or a former student athlete for damages caused by a
violation of ORS 702.005 to 702.065, 702.991 and 702.994. In an action
under this section, the court may award to the prevailing party costs and
reasonable attorney fees.
(2) For the purposes of this section, damages of an educational
institution include losses and expenses incurred because, as a result of
the conduct of an athlete agent or former student athlete, the
educational institution was injured by a violation of ORS 702.005 to
702.065, 702.991 and 702.994 or was penalized, disqualified or suspended
from participation in athletics by a national association for the
promotion and regulation of athletics, by an athletic conference or by
reasonable self-imposed disciplinary action taken to mitigate sanctions
likely to be imposed by such an organization.
(3) A cause of action under this section does not accrue until the
educational institution discovers or by the exercise of reasonable
diligence would have discovered the violation by the athlete agent or
former student athlete.
(4) Any liability of the athlete agent or the former student
athlete under this section is several and not joint.
(5) ORS 702.005 to 702.065, 702.991 and 702.994 do not restrict
rights, remedies or defenses of any person under law or equity. [1999
c.1079 §11; 2005 c.525 §17] (1) An athlete agent
shall retain the following records for a period of five years:
(a) The name and address of each individual represented by the
athlete agent;
(b) Any agency contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the
recruitment or solicitation of a student athlete to enter into an agency
contract.
(2) Records required by subsection (1) of this section to be
retained are open to inspection by the Department of Education during
normal business hours of the athlete agent. [2005 c.525 §16](1) By acting as an athlete agent in Oregon, a
nonresident individual appoints the Department of Education as the
individual’s agent for service of process in any civil action in Oregon
related to the individual’s acting as an athlete agent in Oregon.
(2) The department may issue subpoenas for any material that is
relevant to the administration of ORS 702.005 to 702.065, 702.991 and
702.994. [2005 c.525 §3] The State Board of Education may adopt any rules
necessary to carry out the provisions of ORS 702.005 to 702.065, 702.991
and 702.994. [1999 c.1079 §4a; 2005 c.525 §18]In applying and construing ORS 702.005
to 702.065, 702.991 and 702.994, the courts and the Department of
Education shall give consideration to the need to promote uniformity of
the law with respect to its subject matter among states that have enacted
the Uniform Athlete Agents Act. [2005 c.525 §21] (1) An athlete agent who violates ORS
702.032 is guilty of a Class C felony.
(2) Violation of the athlete agent’s 72-hour notice requirement
provided under ORS 702.054 (1) is a Class C felony.
(3) It is a Class A misdemeanor for any person to conduct business
as an athlete agent in the State of Oregon unless the person has a valid
certificate of registration issued pursuant to ORS 702.012 or 702.019.
(4) It is a Class A misdemeanor for any person to represent to
another person by verbal claim, advertisement, letterhead, business card
or any other means that the person is an athlete agent unless the person
has a valid certificate of registration issued pursuant to ORS 702.012 or
702.019. [1999 c.1079 §12; 2005 c.525 §20] (1) The Department of Education may assess
a civil penalty against an athlete agent not to exceed $25,000 for a
violation of this section and ORS 702.005 to 702.065.
(2) Civil penalties under subsection (1) of this section shall be
imposed in the manner provided in ORS 183.745.
(3) All civil penalties recovered under this section shall be paid
into the State Treasury and credited to the General Fund and are
available for general governmental expenses. [2005 c.525 §19]
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