LD 229
pg. 8
Page 7 of 19 An Act to Enact the Uniform Athlete Agents Act Page 9 of 19
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LR 465
Item 1

 
It is the intent of this section to require that records
concerning registration of athletes be open to the public. The
provision in subsection (a) [Maine cite subsection 1] about an
application being a public record is bracketed because it is not
necessary in States which have other applicable law causing the
records to be open to the public.

 
Subsection (b) [Maine cite subsection 2] provides for
reciprocal use of applications in States which have adopted
the Uniform Act. The need for an agent to comply with
substantially different application procedures in multiple
jurisdictions is eliminated. It is the first of a number of
reciprocity provisions found in the act which are intended to
ease the burden placed on agents by substantially different
registration requirements and to simplify enforcement of the
act. Absence of reciprocity provisions in existing acts is a
primary reason why the Uniform Act is needed.

 
§236.__Certificate of registration; issuance or denial;
renewal

 
1.__Issuance of certificate.__Except as otherwise provided
in subsection 2, the commissioner shall issue a certificate of
registration to an individual who complies with section 235,
subsection 1 or whose application has been accepted under
section 235, subsection 2.

 
2.__Refusal to issue certificate.__The commissioner may
refuse to issue a certificate of registration if the
commissioner 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 commissioner may consider whether the
applicant has:

 
A.__Been convicted of a crime that, if committed in this
State, 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 section 244;

 
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;


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