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1 | AN ACT concerning athlete agents.
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2 | Be it enacted by the People of the State of Illinois, | ||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 1. Short title. This Act may be cited as the | ||||||||||||||||||||||||
5 | Athlete
Agents
Act .
| ||||||||||||||||||||||||
6 | Section 2. Definitions. In this Act:
| ||||||||||||||||||||||||
7 | (1) "Agency contract" means an agreement in which a | ||||||||||||||||||||||||
8 | student-athlete
authorizes a person to negotiate or | ||||||||||||||||||||||||
9 | solicit on behalf of the student-athlete a
| ||||||||||||||||||||||||
10 | professional-sports-services contract or an endorsement | ||||||||||||||||||||||||
11 | contract.
| ||||||||||||||||||||||||
12 | (2) "Athlete agent" means an individual who enters into | ||||||||||||||||||||||||
13 | an agency contract
with
a
student-athlete or, directly or | ||||||||||||||||||||||||
14 | indirectly, recruits or solicits a
student-athlete to | ||||||||||||||||||||||||
15 | enter into an
agency contract. The term includes an | ||||||||||||||||||||||||
16 | individual who represents to the public
that the individual
| ||||||||||||||||||||||||
17 | is an athlete agent. The term does not include a spouse, | ||||||||||||||||||||||||
18 | parent, sibling,
grandparent, or
guardian of the | ||||||||||||||||||||||||
19 | student-athlete or an individual acting solely on behalf of | ||||||||||||||||||||||||
20 | a
professional sports
team or professional sports | ||||||||||||||||||||||||
21 | organization.
| ||||||||||||||||||||||||
22 | (3) "Athletic director" means an individual | ||||||||||||||||||||||||
23 | responsible for administering
the overall
athletic program | ||||||||||||||||||||||||
24 | of an educational institution or, if an educational
| ||||||||||||||||||||||||
25 | institution has separately
administered athletic programs | ||||||||||||||||||||||||
26 | for male students and female students, the
athletic program | ||||||||||||||||||||||||
27 | for
males or the athletic program for females, as | ||||||||||||||||||||||||
28 | appropriate.
| ||||||||||||||||||||||||
29 | (4) "Contact" means a communication, direct or | ||||||||||||||||||||||||
30 | indirect, between an
athlete
agent and a
student-athlete, | ||||||||||||||||||||||||
31 | to recruit or solicit the student-athlete to enter into an
| ||||||||||||||||||||||||
32 | agency contract.
|
| |||||||
| |||||||
1 | (4.5) "Department" means the Department of | ||||||
2 | Professional Regulation.
| ||||||
3 | (4.6) "Director" means the Director of Professional | ||||||
4 | Regulation.
| ||||||
5 | (5) "Endorsement contract" means an agreement under | ||||||
6 | which a
student-athlete is
employed or receives | ||||||
7 | consideration to use on behalf of the other party any
value | ||||||
8 | that the student-athlete may have because of publicity, | ||||||
9 | reputation,
following, or fame obtained
because of | ||||||
10 | athletic
ability or performance.
| ||||||
11 | (6) "Intercollegiate sport" means a sport played at the | ||||||
12 | collegiate level
for
which
eligibility requirements for | ||||||
13 | participation by a student-athlete are established
by a | ||||||
14 | national
association for the promotion or regulation of | ||||||
15 | collegiate athletics.
| ||||||
16 | (7) "Person" means an individual, corporation, | ||||||
17 | business trust, estate,
trust,
partnership,
limited | ||||||
18 | liability company, association, joint venture, government; | ||||||
19 | governmental
subdivision,
agency, or instrumentality; | ||||||
20 | public corporation, or any other legal or
commercial | ||||||
21 | entity.
| ||||||
22 | (8) "Professional-sports-services contract" means an | ||||||
23 | agreement under which
an
individual is employed, or agrees | ||||||
24 | to render services, as a player on a
professional sports | ||||||
25 | team,
with a professional sports organization, or as a | ||||||
26 | professional athlete.
| ||||||
27 | (9) "Record" means information that is inscribed on a | ||||||
28 | tangible medium or
that
is stored
in an electronic or other | ||||||
29 | medium and is retrievable in perceivable form.
| ||||||
30 | (10) "Registration" means registration as an athlete | ||||||
31 | agent pursuant to
this
Act.
| ||||||
32 | (11) "State" means a State of the United States, the | ||||||
33 | District of Columbia,
Puerto Rico,
the United States Virgin | ||||||
34 | Islands, or any territory or insular possession
subject to | ||||||
35 | the jurisdiction
of the United States.
| ||||||
36 | (12) "Student-athlete" means an individual who engages |
| |||||||
| |||||||
1 | in, is eligible to
engage in, or
may be eligible in the | ||||||
2 | future to engage in, any intercollegiate sport. If an
| ||||||
3 | individual is
permanently ineligible to participate in a | ||||||
4 | particular intercollegiate sport,
the individual is not a
| ||||||
5 | student-athlete for purposes of that sport.
| ||||||
6 | Section 2.1. Powers and duties of the Department. The | ||||||
7 | Department may exercise the following powers and duties
subject | ||||||
8 | to the provisions of this Act:
| ||||||
9 | (1) To prescribe forms of application for certificates | ||||||
10 | of registration.
| ||||||
11 | (2) To pass upon the qualifications of applicants for | ||||||
12 | certificates of
registration and issue certificates of | ||||||
13 | registration to those found to be
fit and qualified.
| ||||||
14 | (3) To conduct hearings on proceedings to revoke, | ||||||
15 | suspend, or otherwise
discipline or to refuse to issue or | ||||||
16 | renew certificates of registration.
| ||||||
17 | (4) To formulate rules when required for the
| ||||||
18 | administration and enforcement of this Act.
| ||||||
19 | Section 3. Service of process; subpoenas.
| ||||||
20 | (a) By acting as an athlete agent in this State, a | ||||||
21 | nonresident individual
appoints
the Department as the | ||||||
22 | individual's agent for service
of process in
any civil action | ||||||
23 | in this
State related to the individual's acting as an athlete | ||||||
24 | agent in this State.
| ||||||
25 | (b) The Department may issue subpoenas for any material
| ||||||
26 | that
is
relevant to the administration of this Act.
| ||||||
27 | Section 4. Athlete agents; registration required; void
| ||||||
28 | contracts.
| ||||||
29 | (a) Except as otherwise provided in subsection (b), an | ||||||
30 | individual may not
act
as
an athlete agent in this State | ||||||
31 | without holding a certificate of registration
under Section 6 | ||||||
32 | or 8.
| ||||||
33 | (b) Before being issued a certificate of registration, an |
| |||||||
| |||||||
1 | individual may act
as
an
athlete agent in this state for all | ||||||
2 | purposes except signing an agency contract,
if:
| ||||||
3 | (1) a student-athlete or another person acting on | ||||||
4 | behalf of the
student-athlete initiates communication with | ||||||
5 | the individual; and
| ||||||
6 | (2) within seven days after an initial act as an | ||||||
7 | athlete agent, the
individual
submits an application for | ||||||
8 | registration as an athlete agent in this State.
| ||||||
9 | (c) An agency contract resulting from conduct in violation | ||||||
10 | of this Section
is
void
and the athlete agent shall return any | ||||||
11 | consideration received under the
contract.
| ||||||
12 | Section 5. Registration as athlete agent; form;
| ||||||
13 | requirements.
An applicant for registration shall submit an | ||||||
14 | application for
registration
to the
Department in a form | ||||||
15 | prescribed by the
Department.
An application filed under
this | ||||||
16 | Section is a public record. The application must be in the name | ||||||
17 | of an
individual and, except
as otherwise provided in | ||||||
18 | subsection (b), signed or otherwise authenticated by
the | ||||||
19 | applicant under
penalty of perjury and state or contain:
| ||||||
20 | (1) the name of the applicant and the address of the | ||||||
21 | applicant's principal
place of business;
| ||||||
22 | (2) the name of the applicant's business or employer, | ||||||
23 | if applicable;
| ||||||
24 | (3) any business or occupation engaged in by the | ||||||
25 | applicant for the five
years next preceding the date of | ||||||
26 | submission of the application;
| ||||||
27 | (4) a description of the applicant's:
| ||||||
28 | (A) formal training as an athlete agent;
| ||||||
29 | (B) practical experience as an athlete agent; and
| ||||||
30 | (C) educational background relating to the | ||||||
31 | applicant's activities as
an athlete agent;
| ||||||
32 | (5) the names and addresses of three individuals not | ||||||
33 | related to the
applicant who are willing to serve as | ||||||
34 | references;
| ||||||
35 | (6) the name, sport, and last known team for each |
| |||||||
| |||||||
1 | individual for whom the
applicant acted as an athlete agent | ||||||
2 | during the five years next preceding the
date of submission | ||||||
3 | of
the application;
| ||||||
4 | (7) the names and addresses of all persons who are:
| ||||||
5 | (A) with respect to the athlete agent's business if | ||||||
6 | it is not a
corporation, the partners, members, | ||||||
7 | officers, managers, associates, or
profit-sharers of | ||||||
8 | the
business; and
| ||||||
9 | (B) with respect to a corporation employing the | ||||||
10 | athlete agent, the
officers, directors, and any | ||||||
11 | shareholder of the corporation having an interest
of | ||||||
12 | five percent or
greater;
| ||||||
13 | (8) whether the applicant or any person named pursuant | ||||||
14 | to paragraph (7)
has been convicted of a crime that, if | ||||||
15 | committed in this State, would be a
crime involving moral
| ||||||
16 | turpitude or a felony, and identify the crime;
| ||||||
17 | (9) whether there has been any administrative or | ||||||
18 | judicial determination
that the applicant or any person | ||||||
19 | named pursuant to paragraph (7) has made a
false, | ||||||
20 | misleading,
deceptive, or fraudulent representation;
| ||||||
21 | (10) any instance in which the conduct of the applicant | ||||||
22 | or any person
named pursuant to paragraph (7) resulted in | ||||||
23 | the imposition of a sanction,
suspension, or
declaration of | ||||||
24 | ineligibility to participate in an interscholastic or
| ||||||
25 | intercollegiate athletic event on a
student-athlete or | ||||||
26 | educational institution;
| ||||||
27 | (11) any sanction, suspension, or disciplinary action | ||||||
28 | taken against the
applicant or any person named pursuant to | ||||||
29 | paragraph (7) arising out of
occupational or
professional | ||||||
30 | conduct; and
| ||||||
31 | (12) whether there has been any denial of an | ||||||
32 | application for, suspension
or
revocation of, or refusal to | ||||||
33 | renew, the registration or licensure of the
applicant or | ||||||
34 | any person
named pursuant to paragraph (7) as an athlete | ||||||
35 | agent in any State.
|
| |||||||
| |||||||
1 | Section 5.5. Public records.
| ||||||
2 | (a) All information required by the Department of any | ||||||
3 | applicant
for registration shall be a public record, except | ||||||
4 | financial information.
| ||||||
5 | (b) If a registrant changes his or her name style, address, | ||||||
6 | or
employment from that which appears on his or her current | ||||||
7 | registration,
he or she shall notify the Department of the | ||||||
8 | change within 30 days after
it occurs.
| ||||||
9 | (c) All public records of the Department, when duly | ||||||
10 | certified by
the Director, shall be received as prima facie | ||||||
11 | evidence in any State
administrative or judicial proceedings.
| ||||||
12 | Section 6. Certificate of registration; issuance or | ||||||
13 | denial;
renewal.
| ||||||
14 | (a) Except as otherwise provided in subsection (b), the
| ||||||
15 | Department
shall
issue a certificate of registration to an | ||||||
16 | individual who complies with Section
5(a) or whose
application | ||||||
17 | has been accepted under Section 5(b).
| ||||||
18 | (b) The Department may refuse to issue a certificate of
| ||||||
19 | registration if the
Department determines that the applicant | ||||||
20 | has engaged in conduct
that has a significant
adverse effect on | ||||||
21 | the applicant's fitness to act as an athlete agent. In
making | ||||||
22 | the determination,
the Department may consider whether the | ||||||
23 | applicant has:
| ||||||
24 | (1) been convicted of a crime that, if committed in | ||||||
25 | this State, would be
a
crime involving moral turpitude or a | ||||||
26 | felony;
| ||||||
27 | (2) made a materially false, misleading, deceptive, or | ||||||
28 | fraudulent
representation in the application or as an | ||||||
29 | athlete agent;
| ||||||
30 | (3) engaged in conduct that would disqualify the | ||||||
31 | applicant from serving in
a fiduciary capacity;
| ||||||
32 | (4) engaged in conduct prohibited by Section 14;
| ||||||
33 | (5) had a registration or licensure as an athlete agent | ||||||
34 | suspended,
revoked,
or denied or been refused renewal of | ||||||
35 | registration or licensure as an athlete
agent in any State;
|
| |||||||
| |||||||
1 | (6) engaged in conduct the consequence of which was | ||||||
2 | that a sanction,
suspension, or declaration of | ||||||
3 | ineligibility to participate in an
interscholastic or | ||||||
4 | intercollegiate
athletic event was imposed on a | ||||||
5 | student-athlete or educational institution; or
| ||||||
6 | (7) engaged in conduct that significantly adversely | ||||||
7 | reflects on the
applicant's credibility, honesty, or | ||||||
8 | integrity.
| ||||||
9 | (c) In making a determination under subsection (b), the
| ||||||
10 | Department
shall
consider:
| ||||||
11 | (1) how recently the conduct occurred;
| ||||||
12 | (2) the nature of the conduct and the context in which | ||||||
13 | it occurred; and
| ||||||
14 | (3) any other relevant conduct of the applicant.
| ||||||
15 | (d) An athlete agent may apply to renew a registration by | ||||||
16 | submitting an
application for renewal in a form prescribed by | ||||||
17 | the Department.
An application filed
under this Section is a | ||||||
18 | public record. The application for renewal must be
signed by | ||||||
19 | the
applicant under penalty of perjury and must contain current | ||||||
20 | information on all
matters required in
an original | ||||||
21 | registration.
| ||||||
22 | (e) An individual who has submitted an application for | ||||||
23 | renewal of
registration
or
licensure in another State, in lieu | ||||||
24 | of submitting an application for renewal in
the form prescribed
| ||||||
25 | pursuant to subsection (d), may file a copy of the application | ||||||
26 | for renewal and
a valid certificate
of registration or | ||||||
27 | licensure from the other State. The Department
shall accept the
| ||||||
28 | application for renewal from the other State as an application | ||||||
29 | for renewal in
this State if the
application to the other | ||||||
30 | State:
| ||||||
31 | (1) was submitted in the other State within six months | ||||||
32 | next preceding the
filing in this State and the applicant | ||||||
33 | certifies the information contained in
the application for
| ||||||
34 | renewal is current;
| ||||||
35 | (2) contains information substantially similar to or | ||||||
36 | more comprehensive
than that required in an application for |
| |||||||
| |||||||
1 | renewal submitted in this State; and
| ||||||
2 | (3) was signed by the applicant under penalty of | ||||||
3 | perjury.
| ||||||
4 | (f) A certificate of registration or a renewal of a | ||||||
5 | registration is valid
for
2
years.
| ||||||
6 | Section 7. Suspension, revocation, or refusal to renew
| ||||||
7 | registration.
| ||||||
8 | (a) The Department may suspend, revoke, or refuse to renew | ||||||
9 | a
registration for conduct that would have justified denial of | ||||||
10 | registration
under Section 6(b).
| ||||||
11 | (b) The Department may deny, suspend, revoke, or refuse to
| ||||||
12 | renew
a
certificate of registration or licensure only after | ||||||
13 | proper notice and an
opportunity for a hearing.
The Illinois | ||||||
14 | Administrative Procedure Act applies to this Act.
| ||||||
15 | Section 8. Temporary registration.
| ||||||
16 | (a) The Department may issue a
temporary certificate of | ||||||
17 | registration while an application for registration or
renewal | ||||||
18 | of
registration is pending.
| ||||||
19 | (b) A temporary certificate shall be issued by the | ||||||
20 | Department to
an individual who holds a certificate, | ||||||
21 | registration, or license as an
athlete agent in another State | ||||||
22 | and submits a copy of the certificate,
registration, or license | ||||||
23 | in lieu of submitting an application in the
form prescribed | ||||||
24 | pursuant to Section 5.
| ||||||
25 | (c) A temporary certificate issued pursuant to subsection | ||||||
26 | (b) of this
Section shall be valid for 30 days or until such | ||||||
27 | time as the Department
receives an application in accordance | ||||||
28 | with Section 5.
| ||||||
29 | (d) A temporary certificate shall be considered as issued | ||||||
30 | upon the
Department's receipt of a copy of a certificate in | ||||||
31 | accordance with
subsection (b) of this Section.
| ||||||
32 | Section 8.5. Expiration of registration.
| ||||||
33 | (a) Registrations shall expire at midnight on June 30 of |
| |||||||
| |||||||
1 | each
odd-numbered year.
| ||||||
2 | (b) Failure to renew a registration prior to its expiration
| ||||||
3 | shall cause the registration to become nonrenewed and it shall | ||||||
4 | be
unlawful thereafter for the registrant to engage, offer to | ||||||
5 | engage, or
hold himself or herself out as engaging as a | ||||||
6 | registered athlete agent
under the registration unless the | ||||||
7 | registration is restored or reissued
as defined by rule.
| ||||||
8 | Section 9. Fees.
| ||||||
9 | (a) The initial application fee for a certificate shall be | ||||||
10 | fixed
by the Department by rule.
| ||||||
11 | (b) All other fees not set forth in this Act shall be fixed | ||||||
12 | by
rule.
| ||||||
13 | (c) If an applicant for initial registration applies for | ||||||
14 | licensure
during the second half of the biennial period, he or | ||||||
15 | she shall be
required to pay only one-half of the amount fixed | ||||||
16 | by the Department for
initial application.
| ||||||
17 | (d) Any change of a registration that requires the issuance | ||||||
18 | of a
new registration shall be completed on a form required by | ||||||
19 | the Department
and accompanied by a $10 handling fee.
| ||||||
20 | (e) All fees and fines collected under this Act shall be | ||||||
21 | deposited
into the General Professions Dedicated Fund.
| ||||||
22 | Section 10. Required form of contract.
| ||||||
23 | (a) An agency contract must be in a record, signed or | ||||||
24 | otherwise
authenticated
by
the parties.
| ||||||
25 | (b) An agency contract must state or contain:
| ||||||
26 | (1) the amount and method of calculating the | ||||||
27 | consideration to be paid by
the student-athlete for | ||||||
28 | services to be provided by the athlete agent under the
| ||||||
29 | contract and any
other consideration the athlete agent has | ||||||
30 | received or will receive from any
other source for
entering | ||||||
31 | into the contract or for providing the services;
| ||||||
32 | (2) the name of any person not listed in the | ||||||
33 | application for registration
or
renewal of registration | ||||||
34 | who will be compensated because the student-athlete
signed |
| |||||||
| |||||||
1 | the agency
contract;
| ||||||
2 | (3) a description of any expenses that the | ||||||
3 | student-athlete agrees to
reimburse;
| ||||||
4 | (4) a description of the services to be provided to the | ||||||
5 | student-athlete;
| ||||||
6 | (5) the duration of the contract; and
| ||||||
7 | (6) the date of execution.
| ||||||
8 | (c) An agency contract must contain, in close proximity to | ||||||
9 | the signature of
the
student-athlete, a conspicuous notice in | ||||||
10 | boldface type in capital letters
stating:
| ||||||
11 | WARNING TO STUDENT-ATHLETE
| ||||||
12 | IF YOU SIGN THIS CONTRACT:
| ||||||
13 | (1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A | ||||||
14 | STUDENT-ATHLETE IN YOUR
SPORT;
| ||||||
15 | (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS | ||||||
16 | AFTER
ENTERING INTO THIS CONTRACT OR BEFORE YOUR NEXT | ||||||
17 | SCHEDULED ATHLETIC EVENT,
WHICHEVER OCCURS FIRST, BOTH YOU | ||||||
18 | AND YOUR ATHLETE AGENT
MUST NOTIFY YOUR ATHLETIC DIRECTOR; | ||||||
19 | AND
| ||||||
20 | (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER | ||||||
21 | SIGNING
IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE | ||||||
22 | YOUR
ELIGIBILITY.
| ||||||
23 | (d) An agency contract that does not conform to this | ||||||
24 | Section is voidable by
the
student-athlete. If a | ||||||
25 | student-athlete voids an agency contract, the
student-athlete | ||||||
26 | is not required
to pay any consideration under the contract or | ||||||
27 | to return any consideration
received from the
athlete agent to | ||||||
28 | induce the student-athlete to enter into the contract.
| ||||||
29 | (e) The athlete agent shall give a record of the signed or | ||||||
30 | otherwise
authenticated
agency contract to the student-athlete | ||||||
31 | at the time of execution.
| ||||||
32 | Section 11. Notice to educational institution.
| ||||||
33 | (a) Within 72 hours after entering into an agency contract | ||||||
34 | or before the
next
scheduled athletic event in which the | ||||||
35 | student-athlete may participate,
whichever occurs first, the
|
| |||||||
| |||||||
1 | athlete agent shall give notice in a record of the existence of | ||||||
2 | the contract to
the athletic director
of the educational | ||||||
3 | institution at which the student-athlete is enrolled or the
| ||||||
4 | athlete agent has
reasonable grounds to believe the | ||||||
5 | student-athlete intends to enroll.
| ||||||
6 | (b) Within 72 hours after entering into an agency contract | ||||||
7 | or before the
next
athletic event in which the student-athlete | ||||||
8 | may participate, whichever occurs
first, the student-athlete | ||||||
9 | shall inform the athletic director of the
educational | ||||||
10 | institution at
which the student-athlete
is enrolled that he or | ||||||
11 | she has entered into an agency contract.
| ||||||
12 | Section 12. Student-athlete's right to cancel.
| ||||||
13 | (a) A student-athlete may cancel an agency contract by | ||||||
14 | giving notice of the
cancellation to the athlete agent in a | ||||||
15 | record within 14 days after the contract
is signed.
| ||||||
16 | (b) A student-athlete may not waive the right to cancel an | ||||||
17 | agency contract.
| ||||||
18 | (c) If a student-athlete cancels an agency contract, the | ||||||
19 | student-athlete is
not
required to pay any consideration under | ||||||
20 | the contract or to return any
consideration received from
the | ||||||
21 | athlete agent to induce the student-athlete to enter into the | ||||||
22 | contract.
| ||||||
23 | Section 13. Required records.
| ||||||
24 | (a) An athlete agent shall retain the following records for | ||||||
25 | a period of 5
years:
| ||||||
26 | (1) the name and address of each individual represented | ||||||
27 | by the
athlete
agent;
| ||||||
28 | (2) any agency contract entered into by the athlete | ||||||
29 | agent; and
| ||||||
30 | (3) any direct costs incurred by the athlete agent in | ||||||
31 | the recruitment or
solicitation of a student-athlete to | ||||||
32 | enter into an agency contract.
| ||||||
33 | (b) Records required by subsection (a) to be retained are | ||||||
34 | open to inspection
by
the Department during normal business |
| |||||||
| |||||||
1 | hours.
| ||||||
2 | Section 14. Prohibited conduct.
| ||||||
3 | (a) An athlete agent, with the intent to induce a | ||||||
4 | student-athlete to enter
into
an
agency contract, may not:
| ||||||
5 | (1) give any materially false or misleading | ||||||
6 | information or make a
materially false promise or | ||||||
7 | representation;
| ||||||
8 | (2) furnish anything of value to a student-athlete | ||||||
9 | before the
student-athlete
enters into the agency | ||||||
10 | contract; or
| ||||||
11 | (3) furnish anything of value to any individual other | ||||||
12 | than the
student-athlete or another registered athlete | ||||||
13 | agent.
| ||||||
14 | (b) An athlete agent may not intentionally:
| ||||||
15 | (1) initiate contact with a student-athlete unless | ||||||
16 | registered under this
Act;
| ||||||
17 | (2) refuse or fail to retain or permit inspection of | ||||||
18 | the records required
to be
retained by Section 13;
| ||||||
19 | (3) fail to register when required by Section 4;
| ||||||
20 | (4) provide materially false or misleading information | ||||||
21 | in an application
for
registration or renewal of | ||||||
22 | registration;
| ||||||
23 | (5) predate or postdate an agency contract; or
| ||||||
24 | (6) fail to notify a student-athlete before the | ||||||
25 | student-athlete signs or
otherwise authenticates an agency | ||||||
26 | contract for a particular sport that the
signing or | ||||||
27 | authentication
may make the student-athlete ineligible to | ||||||
28 | participate as a student-athlete in
that sport.
| ||||||
29 | Section 15. Criminal penalties. An athlete agent who | ||||||
30 | violates Section 14 is
guilty of a Class A misdemeanor.
| ||||||
31 | Section 16. Civil remedies.
| ||||||
32 | (a) An educational institution has a right of action | ||||||
33 | against an athlete
agent
or a
former student-athlete for |
| |||||||
| |||||||
1 | damages caused by a violation of this Act. In
an action under | ||||||
2 | this
Section, the court may award to the prevailing party costs | ||||||
3 | and reasonable
attorney's fees.
| ||||||
4 | (b) Damages of an educational institution under subsection | ||||||
5 | (a) include
losses
and
expenses incurred because, as a result | ||||||
6 | of the conduct of an athlete agent or
former student-athlete, | ||||||
7 | the educational institution was injured by a violation
of this | ||||||
8 | Act
or was penalized,
disqualified, or suspended from | ||||||
9 | participation in athletics by a national
association for the
| ||||||
10 | promotion and regulation of athletics, by an athletic | ||||||
11 | conference, or by
reasonable self-imposed
disciplinary action | ||||||
12 | taken to mitigate sanctions likely to be imposed by such an
| ||||||
13 | organization.
| ||||||
14 | (c) A right of action under this Section does not accrue | ||||||
15 | until the
educational
institution discovers or by the exercise | ||||||
16 | of reasonable diligence would have
discovered the
violation by | ||||||
17 | the athlete agent or former student-athlete.
| ||||||
18 | (d) Any liability of the athlete agent or the former | ||||||
19 | student-athlete under
this
Section is several and not joint.
| ||||||
20 | (e) This Act does not restrict rights, remedies, or | ||||||
21 | defenses of any
person under
law or equity.
| ||||||
22 | Section 17. Grounds for disciplinary action.
| ||||||
23 | (a) The Department may
refuse to issue or to renew or may | ||||||
24 | revoke, suspend, place on probation,
reprimand, or take other | ||||||
25 | disciplinary action as the Department may deem
proper, | ||||||
26 | including fines not to exceed $5,000 for each violation, with
| ||||||
27 | regard to any registration for any one or combination of the | ||||||
28 | following
causes:
| ||||||
29 | (1) Violation of this Act or its rules.
| ||||||
30 | (2) Conviction of any crime under the laws of any U.S.
| ||||||
31 | jurisdiction that is a felony or that is a misdemeanor, an | ||||||
32 | essential
element of which is dishonesty, or of any crime | ||||||
33 | that directly relates
to the practice of the profession.
| ||||||
34 | (3) Making any misrepresentation for the purpose of | ||||||
35 | obtaining a
registration.
|
| |||||||
| |||||||
1 | (4) Gross malpractice, prima facie evidence of which | ||||||
2 | may be a
conviction or judgment of malpractice in any court | ||||||
3 | of competent
jurisdiction.
| ||||||
4 | (5) Aiding or assisting another person in violating any | ||||||
5 | provision
of this Act or rules adopted pursuant to this | ||||||
6 | Act.
| ||||||
7 | (6) Failing, within 60 days, to provide information in | ||||||
8 | response to
a written request made by the Department that | ||||||
9 | was sent by certified or
registered mail to the | ||||||
10 | registrant's last known address.
| ||||||
11 | (7) Engaging in dishonorable, unethical, or | ||||||
12 | unprofessional conduct
of a character likely to deceive, | ||||||
13 | defraud, or harm the public.
| ||||||
14 | (8) Habitual or excessive use or addiction to alcohol, | ||||||
15 | narcotics,
stimulants, or any other chemical agent or drug | ||||||
16 | that results in the
inability to practice with reasonable | ||||||
17 | judgment or skill.
| ||||||
18 | (9) Discipline by another U.S. jurisdiction or foreign | ||||||
19 | nation if
at least one of the grounds for the discipline is | ||||||
20 | the same or
substantially equivalent to those set forth in | ||||||
21 | this Section.
| ||||||
22 | (10) Directly or indirectly giving to or receiving from | ||||||
23 | any
person, firm, corporation, partnership, or association | ||||||
24 | any fee,
commission, rebate, or other form of compensation | ||||||
25 | for any professional
services not actually or personally | ||||||
26 | rendered.
| ||||||
27 | (11) A finding by the Department that the registrant, | ||||||
28 | after having
his or her registration placed on probationary | ||||||
29 | status, has violated the
terms of probation.
| ||||||
30 | (12) Conviction by any court of competent | ||||||
31 | jurisdiction, either
within or without this State, of any | ||||||
32 | violation of any law governing the
practice of athlete | ||||||
33 | agents if the Department determines, after
investigation, | ||||||
34 | that the person has not been sufficiently rehabilitated
to | ||||||
35 | warrant the public trust.
| ||||||
36 | (13) A finding that registration has been applied for |
| |||||||
| |||||||
1 | or obtained
by fraudulent means.
| ||||||
2 | (14) Practicing, attempting to practice, or | ||||||
3 | advertising under a
name other than the full name as shown | ||||||
4 | on the registration or any other
legally authorized name.
| ||||||
5 | (15) Gross and willful overcharging for professional | ||||||
6 | services,
including filing false statements for collection | ||||||
7 | of fees or moneys for
which services are not rendered.
| ||||||
8 | (16) Failure to file a return, to pay the tax, penalty, | ||||||
9 | or
interest shown in a filed return, or to pay any final | ||||||
10 | assessment of tax,
penalty, or interest, as required by any | ||||||
11 | tax Act administered by the
Illinois Department of Revenue, | ||||||
12 | until such time as the requirements of
that tax Act are | ||||||
13 | satisfied.
| ||||||
14 | (17) Physical or mental disability, including | ||||||
15 | deterioration
through the aging process, or loss of | ||||||
16 | abilities and skills that result
in an inability to | ||||||
17 | practice the profession with reasonable judgment or
skill.
| ||||||
18 | (18) Material misstatement in furnishing information | ||||||
19 | to the
Department or to any other State agency.
| ||||||
20 | (19) Advertising in any manner that is false, | ||||||
21 | misleading, or
deceptive.
| ||||||
22 | (b) The Department shall deny any registration or renewal | ||||||
23 | under
this Act to any person who has defaulted on an | ||||||
24 | educational loan
guaranteed by the Illinois State Scholarship | ||||||
25 | Commission; however, the
Department may issue a registration or | ||||||
26 | renewal if the person in default
has established a satisfactory | ||||||
27 | repayment record as determined by the
Illinois State | ||||||
28 | Scholarship Commission.
| ||||||
29 | (c) Failure to continue to meet the requirements of this | ||||||
30 | Act
shall be deemed a violation of this Act.
| ||||||
31 | (d) The determination by a court that a registrant is | ||||||
32 | subject to
involuntary admission or judicial admission as | ||||||
33 | provided in the Mental
Health and Developmental Disabilities | ||||||
34 | Code will result in an automatic
suspension of his or her | ||||||
35 | registration. The suspension will end upon a
finding by a court | ||||||
36 | that the registrant is no longer subject to
involuntary |
| |||||||
| |||||||
1 | admission or judicial admission, the issuance of an order so
| ||||||
2 | finding and discharging the patient, and the recommendation of | ||||||
3 | the Board
to the Director that the registrant be allowed to | ||||||
4 | resume professional
practice.
| ||||||
5 | Section 18. Stenographer; record of proceedings.
The | ||||||
6 | Department, at its expense, shall provide a stenographer to
| ||||||
7 | take down the testimony and preserve a record of all | ||||||
8 | proceedings
initiated pursuant to this Act, the rules for the | ||||||
9 | administration of this
Act, or any other Act or rules relating | ||||||
10 | to this Act and proceedings for
restoration of any registration | ||||||
11 | issued under this Act. The notice of
hearing, complaint, | ||||||
12 | answer, and all other documents in the nature of
pleadings and | ||||||
13 | written motions and responses filed in the proceedings,
the | ||||||
14 | transcript of the testimony, all exhibits admitted into | ||||||
15 | evidence,
the report of the hearing officer, the conclusions of | ||||||
16 | law, and
recommendations to the Director, and the order shall | ||||||
17 | be the record of
the proceedings. The Department shall furnish | ||||||
18 | a transcript of the record
to any person interested in the | ||||||
19 | hearing upon payment of the fee required
under Section 2105-115 | ||||||
20 | of the Civil Administrative Code of Illinois
(Department of | ||||||
21 | Professional Regulation Law).
| ||||||
22 | Section 19. Court orders.
Any circuit court may, upon | ||||||
23 | application of the Department or its
designee or of the | ||||||
24 | applicant or registrant against whom proceedings are
pending, | ||||||
25 | enter an order requiring the attendance of witnesses and their
| ||||||
26 | testimony and the production of documents, papers, files, | ||||||
27 | books, and
records in connection with any hearing or | ||||||
28 | investigation. The court may
compel obedience to its order by | ||||||
29 | proceedings for contempt.
| ||||||
30 | Section 20. Subpoenas; administration of oaths.
The | ||||||
31 | Department has power to subpoena and bring before it any
person | ||||||
32 | in this State and to take testimony orally, by deposition, or
| ||||||
33 | both or to subpoena documents, exhibits, or other materials |
| |||||||
| |||||||
1 | with the
same fees and mileage and in the same manner as | ||||||
2 | prescribed by law in
judicial proceedings in civil cases in | ||||||
3 | circuit courts of this State.
| ||||||
4 | The Director has the power to administer oaths to witnesses | ||||||
5 | at any
hearing that the Department is authorized by law to | ||||||
6 | conduct. The
Director has the power to administer any other | ||||||
7 | oaths required or authorized
to be administered by the | ||||||
8 | Department under this Act.
| ||||||
9 | Section 21. Findings of fact; conclusions of law; | ||||||
10 | recommendations;
order.
Within 60 days of the Department's | ||||||
11 | receipt of the transcript of
any hearing that is conducted | ||||||
12 | pursuant to this Act or the rules for its
enforcement, any | ||||||
13 | other statute or rule requiring a hearing under this
Act or the | ||||||
14 | rules for its enforcement, or any hearing related to
| ||||||
15 | restoration of any registration issued pursuant to this Act, | ||||||
16 | the hearing
officer shall submit his or her written findings | ||||||
17 | and recommendations to
the Director.
| ||||||
18 | A copy of the findings of fact, conclusions of law, and
| ||||||
19 | recommendations submitted to the Director shall be served upon | ||||||
20 | the accused
person,
either personally or by registered or | ||||||
21 | certified mail. Within 20 days
after service, the accused | ||||||
22 | person may present to the Department a
written motion for a | ||||||
23 | rehearing, which shall state the particular grounds
therefor. | ||||||
24 | If the accused person orders and pays for a transcript
pursuant | ||||||
25 | to Section 18, the time elapsing thereafter and before the
| ||||||
26 | transcript is ready for delivery to him or her shall not be | ||||||
27 | counted as
part of the 20 days.
| ||||||
28 | The Director shall issue an order based on the findings of | ||||||
29 | fact,
conclusions of law, and recommendations.
| ||||||
30 | Section 22. Temporary suspension.
The Director may | ||||||
31 | temporarily suspend a person's registration
without a hearing, | ||||||
32 | simultaneously with the institution of proceedings
for a | ||||||
33 | hearing provided for in this Act, if the Director finds that
| ||||||
34 | evidence in his or her possession indicates that continuation |
| |||||||
| |||||||
1 | in
practice by that person would constitute an imminent danger | ||||||
2 | to the
public. In the event that the Director temporarily | ||||||
3 | suspends a
registration without a hearing, the Department shall | ||||||
4 | hold a hearing
within 30 days after the suspension has | ||||||
5 | occurred.
| ||||||
6 | Section 23. Administrative Review Law.
All final | ||||||
7 | administrative decisions of the Department are subject
to | ||||||
8 | judicial review pursuant to the Administrative Review Law and | ||||||
9 | its
rules. The term "administrative decision" is defined as in | ||||||
10 | Section 3-101
of the Code of Civil Procedure.
| ||||||
11 | Section 24. Illinois Administrative Procedure Act.
The | ||||||
12 | Illinois Administrative Procedure Act is hereby expressly
| ||||||
13 | adopted and incorporated herein as if all of the provisions of | ||||||
14 | that Act
were included in this Act, except that the provision | ||||||
15 | of subsection (d)
of Section 10-65 of the Illinois | ||||||
16 | Administrative Procedure Act that
provides that at hearings the | ||||||
17 | registrant has the right to show
compliance with all lawful | ||||||
18 | requirements for retention, continuation, or
renewal of the | ||||||
19 | registration is specifically excluded. For the purpose of
this | ||||||
20 | Act the notice required under Section 10-25 of the | ||||||
21 | Administrative
Procedure Act is deemed sufficient when mailed | ||||||
22 | to the last known address
of a party.
| ||||||
23 | Section 25. Certification of record; costs.
The Department | ||||||
24 | shall not be required to certify any record to the
court, to | ||||||
25 | file an answer in court, or to otherwise appear in any court
in | ||||||
26 | a judicial review proceeding, unless there is filed in the | ||||||
27 | court,
with the complaint, a receipt from the Department | ||||||
28 | acknowledging payment
of the costs of furnishing and certifying | ||||||
29 | the record. Failure on the
part of the plaintiff to file the | ||||||
30 | receipt in court is grounds for
dismissal of the action.
| ||||||
31 | Section 26. Returned checks; fines.
A person who delivers a | ||||||
32 | check or other payment to the Department
that is returned to |
| |||||||
| |||||||
1 | the Department unpaid by the financial institution
upon which | ||||||
2 | it is drawn shall pay to the Department, in addition to the
| ||||||
3 | amount already owed to the Department, a fine of $50. A fine | ||||||
4 | imposed under
this Section is in addition to any other | ||||||
5 | discipline provided under this
Act for unregistered practice or | ||||||
6 | practice on a nonrenewed registration.
The Department shall | ||||||
7 | notify the person that fees and fines
shall be paid to the | ||||||
8 | Department by certified check or money order within
30 calendar | ||||||
9 | days of the notification. If, after the expiration of 30
days | ||||||
10 | from the date of the notification, the person fails to submit
| ||||||
11 | the necessary remittance, the Department shall automatically | ||||||
12 | terminate
his or her registration or deny his or her | ||||||
13 | application without hearing.
If, after termination or denial, | ||||||
14 | the person seeks a registration, he or
she shall apply to the | ||||||
15 | Department for restoration or issuance of his or
her | ||||||
16 | registration and pay all fees and fines due to the Department. | ||||||
17 | The
Department may establish a fee for the processing of an | ||||||
18 | application for
restoration of a registration to pay all | ||||||
19 | expenses of processing the
application. The Director may waive | ||||||
20 | any fine due under this Section in
any individual case where | ||||||
21 | the Director finds that the fine would be
unreasonable or | ||||||
22 | unnecessarily burdensome.
| ||||||
23 | Section 27. Hearing officer.
The Director has the authority | ||||||
24 | to appoint any attorney duly
registered to practice law in the | ||||||
25 | State of Illinois to serve as the
hearing officer for any | ||||||
26 | action for refusal to issue or renew a
registration, for | ||||||
27 | discipline of a registrant, for sanctions, for
unregistered | ||||||
28 | practice, for restoration of a registration, or for any
other | ||||||
29 | action for which findings of fact, conclusions of law, and
| ||||||
30 | recommendations are required pursuant to Section 21 of this | ||||||
31 | Act. The
hearing officer shall have full authority to conduct | ||||||
32 | the hearing and
shall issue his or her findings of fact and | ||||||
33 | recommendations to the
Director pursuant to Section 21 of this | ||||||
34 | Act.
|
| |||||||
| |||||||
1 | Section 28. Enforcement; petition to court.
| ||||||
2 | (a) If any person violates the provisions of this Act, the
| ||||||
3 | Director, through the Attorney General or the State's Attorney | ||||||
4 | of any
county in which a violation is alleged to exist, may, in | ||||||
5 | the name of the
People of the State of Illinois, petition for | ||||||
6 | an order enjoining the
violation or for an order enforcing | ||||||
7 | compliance with this Act. Upon the
filing of a verified | ||||||
8 | petition in court, the court may issue a temporary
restraining | ||||||
9 | order without notice or bond and may preliminarily and
| ||||||
10 | permanently enjoin the violation. If it is established that the | ||||||
11 | person
has violated or is violating the injunction, the court | ||||||
12 | may punish the
offender for contempt of court.
| ||||||
13 | (b) If any person practices as a registered athlete agent | ||||||
14 | or holds
himself or herself out as a registrant without being | ||||||
15 | registered under
the provisions of this Act, then any person | ||||||
16 | registered under this Act,
any interested party, or any person | ||||||
17 | injured thereby, in addition to
those officers identified in | ||||||
18 | subsection (a) of this Section, may
petition for relief as | ||||||
19 | provided in subsection (a).
| ||||||
20 | (c) Whenever the Department has reason to believe that a | ||||||
21 | person
has violated the registration requirements of this Act | ||||||
22 | by practicing,
offering to practice, attempting to practice, or | ||||||
23 | holding himself or
herself out to practice as a registered | ||||||
24 | athlete agent without being
registered under this Act, the | ||||||
25 | Department may issue a rule to show cause
why an order to cease | ||||||
26 | and desist should not be entered against that
person. The rule | ||||||
27 | shall clearly set forth the grounds relied upon by the
| ||||||
28 | Department and shall provide a period of 7 days from the date | ||||||
29 | of the
rule to file an answer to the satisfaction of the | ||||||
30 | Department. Failure to
answer to the satisfaction of the | ||||||
31 | Department shall cause an order to
cease and desist to be | ||||||
32 | issued immediately.
| ||||||
33 | (d) Proceedings under this Section shall be in addition to, | ||||||
34 | and
not in lieu of, all other remedies and penalties that may | ||||||
35 | be provided by
law.
|
| |||||||
| |||||||
1 | Section 29. Unregistered practice; violation; civil | ||||||
2 | penalty.
| ||||||
3 | (a) Any person who practices, offers to practice, attempts | ||||||
4 | to
practice, or holds himself or herself out to practice | ||||||
5 | without being
registered under this Act shall, in addition to | ||||||
6 | any other penalty
provided by law, pay a civil penalty to the | ||||||
7 | Department in an amount not to
exceed $5,000 for each offense | ||||||
8 | as determined by the Department. The
civil penalty shall be | ||||||
9 | assessed by the Department after a hearing is
held in | ||||||
10 | accordance with the provisions set forth in this Act regarding
| ||||||
11 | the provision of a hearing for the discipline of a registrant.
| ||||||
12 | (b) The Department has the authority and power to | ||||||
13 | investigate any
and all registered activity.
| ||||||
14 | (c) A civil penalty imposed pursuant to this Section shall | ||||||
15 | be paid
within 60 days after the effective date of the order | ||||||
16 | imposing the civil
penalty. The order shall constitute a | ||||||
17 | judgment and may be filed and
execution had thereon in the same | ||||||
18 | manner as any judgment from any court
of record.
| ||||||
19 | Section 30. Electronic Signatures in Global and National
| ||||||
20 | Commerce Act. The provisions of this Act governing the legal | ||||||
21 | effect,
validity, or
enforceability of electronic records or | ||||||
22 | signatures, and of contracts formed or
performed with the
use | ||||||
23 | of such records or signatures conform to the requirements of | ||||||
24 | Section 102 of
the Electronic
Signatures in Global and National | ||||||
25 | Commerce Act, Pub. L. No. 106-229, 114 Stat.
464 (2000),
and | ||||||
26 | supersede, modify, and limit the Electronic Signatures in | ||||||
27 | Global and
National Commerce
Act.
| ||||||
28 | Section 31. Severability. If any provision of this Act or | ||||||
29 | its
application
to
any person or circumstance is held invalid, | ||||||
30 | the invalidity does not affect
other provisions or
applications | ||||||
31 | of this Act which can be given effect without the invalid
| ||||||
32 | provision or application,
and to this end the provisions of | ||||||
33 | this Act are severable.
|