No. 42198 (Amendment): Rule R156-9a. Uniform Athlete Agents Act Rule

(Amendment)

DAR File No.: 42198
Filed: 10/05/2017 01:50:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

S.B. 243, passed during the 2017 General Session, renamed and renumbered the Uniform Athlete Agents Licensing Act; accordingly, the Division is filing these amendments to make conforming changes to the Uniform Athlete Agents Licensing Act Rule, reflecting the new name, new title number, and new chapter number. The proposed amendments also make additional formatting and other changes for clarification.

Summary of the rule or change:

The proposed amendments to Rule R156-9a accomplish the following: 1) renumber the rule throughout, from Rule R156-9a to Rule R156-87; and 2) update the name of the rule to the "Revised" Uniform Athlete Agents Licensing Act Rule in Sections R156-9a-101, R156-9a-102, R156-9a-103, R156-9a-104, R156-9a-303, and R156-9a-502. Additional proposed amendments to the new Section R156-87-502 clarify that "unprofessional conduct" by an athlete agent includes: 1) failing to comply with the agency contract cancellation requirements of Section 58-87-303; and 2) failing to create records required by Section 58-87-304.

Statutory or constitutional authorization for this rule:

• Subsection 58-87-103(1)(b)
• Subsection 58-1-106(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments apply only to registered athlete agents and applicants for licensure in that classification. As a result, the Division estimates that the proposed amendments will have no impact on local governments.

small businesses:

The proposed amendments only make formatting corrections and clarify existing requirements, and they only apply to registered athlete agents and to applicants for licensure in that classification. As a result, the Division estimates that the proposed amendments will have no impact on small businesses.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only make formatting corrections and clarify existing requirements, and they only apply to registered athlete agents and to applicants for licensure in that classification. As a result, the Division estimates that the proposed amendments will have no impact on other persons.

Compliance costs for affected persons:

The proposed amendments only make formatting corrections and clarify existing requirements, and they only apply to registered athlete agents and to applicants for licensure in that classification. As a result, the Division estimates that the proposed amendments will have no impact on affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed amendments to Rule R156-9a accomplish the following: 1) renumber the rule throughout; 2) update the rule to add the word "revised" to the name of the rule; and 3) clarify that "unprofessional conduct" by an athlete agent includes: a) failing to comply with the agency contract cancellation requirements of the applicable statute, and b) failing to create records required by the applicable statute. The first two categories of amendment have no fiscal or non-fiscal impact. The clarifying amendments to the definition of "unprofessional conduct" have no fiscal or non-fiscal impact, as the statute already requires the actions to be taken as addressed in the amended rules. The rule amendments merely define violations of the statute as constituting "unprofessional conduct".

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Robyn Barkdull at the above address, by phone at 801-530-6727, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2017

This rule may become effective on:

12/08/2017

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-[9a]87. Revised Uniform Athlete Agents Act Rule.

R156-[9a]87-101. Title.

This rule shall be known as the " Revised Uniform Athlete Agents Act Rule".

 

R156-[9a]87-102. Definitions.

(1) "Unprofessional conduct" as defined in Title 58, Chapter 1[and Title 15, Chapter 9], is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-[9a]87-502.

 

R156-[9a]87-103. Authority.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title [15]58, Chapter [9]87.

 

R156-[9a]87-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107.

 

R156-[9a]87-303. Renewal Cycle - Procedure.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title [15]58, Chapter [9]87 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-[9a]87-502. Unprofessional Conduct.

"Unprofessional conduct" by an athlete agent includes:

(1) failing to comply with the agency contract requirements of Section 58-87-301;

([1]2) failing [as an athlete agent ]to notify an educational institution as required by Section 58-87-302[in accordance with the requirements of Section 15-9-111];

(3) failing to comply with the agency contract cancellation requirements of Section 58-87-303;

([2]4) failing to create, or to retain for a period of five years , [any ]records required by Section 58-87-304[containing the names, addresses, direct costs and agency contracts of each individual represented by the athlete agent]; and

([3]5) failing to allow Division investigative staff access to [any ]records in accordance with Section [15-9-113]58-87-304[; and

(4) failing as an athlete agent to comply with the requirements of Section 15-9-110].

 

KEY: licensing, athlete agent

Date of Enactment or Last Substantive Amendment: [July 17, 2001]2017

Notice of Continuation: January 7, 2016

Authorizing, and Implemented or Interpreted Law: [15-9]58-87-103(1)(b); 58-1-106(1)(a)

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