H.B. 341

1

UNIFORM ATHLETE AGENTS ACT
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Paul Ray
5 Senate Sponsor: Jerry W. Stevenson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Uniform Athlete Agents Act related to the board and licensure.
10 Highlighted Provisions:
11 This bill:
12 . eliminates the Athlete Agents Licensing Board;
13 . eliminates a reference to licensure by the division; and
14 . makes technical and conforming amendments.
15 Monies Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 15-9-103, as last amended by Laws of Utah 2008, Chapter 382
22 15-9-107, as last amended by Laws of Utah 2008, Chapter 382
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 15-9-103 is amended to read:
26 15-9-103. Administration -- Rulemaking -- Service of process.
27 (1) (a) This chapter shall be administered by the [Division of Occupational and

28 Professional Licensing] division and is subject to the requirements of Title 58, Chapter 1,
29 Division of Occupational and Professional Licensing Act, so long as the requirements of Title
30 58, Chapter 1, are not inconsistent with the requirements of this chapter.
31 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
32 division may make rules necessary to implement [the provisions of] this chapter.
33 (2) By acting as an athlete agent in this state, a nonresident individual appoints the
34 director of the division as the individual's agent for service of process in any civil action in this
35 state related to the individual's acting as an athlete agent in this state.
36 [(3) (a) There is created the Athlete Agents Licensing Board consisting of four athlete
37 agents and one member of the general public.]
38 [(b) The Athlete Agents Licensing Board shall be appointed and serve in accordance
39 with Section 58-1-201 .]
40 [(c) The duties and responsibilities of the Athlete Agents Licensing Board are in
41 accordance with Sections 58-1-202 and 58-1-203 .]
42 [(d) In addition, the Athlete Agents Licensing Board shall designate one of its members
43 on a permanent or rotating basis to:]
44 [(i) assist the division in reviewing complaints concerning the unlawful or
45 unprofessional conduct of a licensee; and]
46 [(ii) advise the division in its investigation of these complaints.]
47 [(e) A member of the Athlete Agents Licensing Board who has, under Subsection
48 (3)(d), reviewed a complaint or advised in its investigation may be disqualified from
49 participating with the board when the board serves as a presiding officer in an adjudicative
50 proceeding concerning the complaint.]
51 Section 2. Section 15-9-107 is amended to read:
52 15-9-107. Suspension, revocation, or refusal to renew registration.
53 (1) The division may suspend, revoke, or refuse to renew a registration for conduct that
54 would have justified denial of registration under Subsection 15-9-106 (2).
55 (2) The division may suspend, revoke, or refuse to renew a certificate of registration
56 [or licensure] only after proper notice and an opportunity for a hearing. Title 63G, Chapter 4,
57 Administrative Procedures Act, applies to this chapter.

Legislative Review Note
as of 2-8-10 10:27 AM

Office of Legislative Research and General Counsel