[Rev. 11/21/2013 11:27:44 AM--2013]

CHAPTER 398 - INTERCOLLEGIATE ATHLETICS

GENERAL PROVISIONS

NRS 398.005           Definitions.

NRS 398.045           “Institution” defined.

NRS 398.055           “National collegiate athletic association” defined.

NRS 398.061           “Proceeding” defined.

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

NRS 398.155           Proceedings: General requirements.

NRS 398.165           Proceedings: Record.

NRS 398.175           Proceedings: Transcription of oral statements.

NRS 398.185           Proceedings: Evidence.

NRS 398.195           Proceedings: Person presiding.

NRS 398.205           Proceedings: Decision and findings.

NRS 398.215           Proceedings: Judicial review.

NRS 398.225           National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

NRS 398.235           National collegiate athletic associations: Prohibited activities.

NRS 398.245           Enforcement of provisions: Injunctions and other relief.

NRS 398.255           Remedies cumulative.

UNIFORM ATHLETES’ AGENTS ACT

General Provisions

NRS 398.400           Short title.

NRS 398.402           Applicability of provisions to person who sells or offers to sell services as athlete’s agent.

NRS 398.403           Confidentiality of information obtained in connection with application or investigation; exceptions; effect on privilege.

NRS 398.404           Definitions.

NRS 398.408           “Athlete’s agent” defined.

NRS 398.412           “Athletic director” defined.

NRS 398.416           “Contract for endorsement” defined.

NRS 398.420           “Contract for professional sports services” defined.

NRS 398.424           “Contract of agency” defined.

NRS 398.428           “Intercollegiate sport” defined.

NRS 398.432           “Person” defined.

NRS 398.436           “Record” defined.

NRS 398.440           “Registration” defined.

NRS 398.444           “State” defined.

NRS 398.446           “Student athlete” defined.

 

Certificate of Registration to Act as Athlete’s Agent

NRS 398.448           Registration required to act as athlete’s agent; limited exception; contract of agency void if in violation of section.

NRS 398.452           Submission of application for registration to Secretary of State; application is public record; required contents and disclosures of application.

NRS 398.456           Submission of application by person who holds registration or licensure in another state.

NRS 398.460           Issuance of certificate of registration; grounds for denial by Secretary of State.

NRS 398.464           Renewal of registration; period for which initial certificate and renewal are valid.

NRS 398.468           Grounds for suspension, revocation or refusal to renew registration; issuance of temporary certificate of registration authorized.

NRS 398.472           Adoption of regulations establishing fees; authority of Secretary of State to adopt other regulations.

 

Conditions and Requirements Applicable to Athletes’ Agents

NRS 398.476           Secretary of State appointed agent for service of process for nonresident athlete’s agent; issuance of subpoenas by Secretary of State.

NRS 398.480           Retention and inspection of records; duty to file updated information.

 

Contracts of Agency

NRS 398.482           Required contents of contract; contract void if does not contain required warning; athlete’s agent required to give record of contract to student athlete.

NRS 398.484           Athlete’s agent and student athlete required to give notice of entering into contract.

NRS 398.488           Cancellation of contract by student athlete.

 

Liability for Violation of Rules; Prohibited Conduct

NRS 398.490           Liability of athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs; accrual of right of action; joint and several liability; section does not restrict other rights and remedies.

NRS 398.492           Liability of person other than athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs.

NRS 398.496           Prohibition on certain conduct by athlete’s agent; penalties for violation of Act, regulations and certain orders.

 

Investigation and Prosecution of Violations; Sanctions

NRS 398.600           Investigation by Secretary of State; prosecution by Attorney General or county district attorney at request of Secretary of State.

NRS 398.610           Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs.

NRS 398.620           Powers of Secretary of State and certain other officers and employees in carrying out investigations and proceedings; issuance of subpoenas; enforcement of subpoena by court.

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GENERAL PROVISIONS

      NRS 398.005  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398.045, 398.055 and 398.061 have the meanings ascribed to them in those sections.

      (Added to NRS by 1989, 811; A 1991, 112; 2001, 1304)

      NRS 398.045  “Institution” defined.  “Institution” means a public or private institution that offers educational services beyond the secondary level. The term includes:

      1.  A postsecondary educational institution as defined in NRS 394.099.

      2.  A university as defined in NRS 396.838.

      (Added to NRS by 1989, 811)

      NRS 398.055  “National collegiate athletic association” defined.  “National collegiate athletic association” means a group of institutions in 40 or more states who are governed by the rules of the association relating to athletic competition.

      (Added to NRS by 1989, 811)

      NRS 398.061  “Proceeding” defined.  “Proceeding” means a proceeding by a national collegiate athletic association or an institution involving an institution located in this state or persons associated with an institution located in this state that may result in the imposition of a sanction for a violation of a rule of a national collegiate athletic association, including any related investigative action.

      (Added to NRS by 1991, 110)

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC ASSOCIATION

      NRS 398.155  Proceedings: General requirements.

      1.  In any proceeding, all parties against whom a sanction may be imposed must be afforded an opportunity for a hearing after reasonable notice. The notice must include:

      (a) A statement of the time, place and nature of the proceeding;

      (b) A reference to the particular rules governing the proceeding; and

      (c) A short and plain statement of the violations alleged and the facts underlying the allegations.

      2.  A party to a proceeding may be represented by counsel, is entitled to confront and respond to all witnesses and evidence related to the allegations against the party and may call witnesses on his or her own behalf.

      3.  At least 30 days before any proceeding, all parties to a proceeding shall provide to all other parties all affidavits or other evidence to be introduced at the proceeding.

      4.  All written statements introduced as evidence at a proceeding must be notarized and signed under oath by the person making the statement.

      5.  Informal disposition may be made of any proceeding by stipulation, settlement or default. If an informal disposition is made, the parties to the proceeding may waive the requirements of findings of fact and a decision.

      (Added to NRS by 1991, 111)

      NRS 398.165  Proceedings: Record.  A record must be kept of all proceedings. The record must include:

      1.  All pleadings, motions and rulings;

      2.  All evidence received or considered;

      3.  All matters officially noticed;

      4.  Questions, offers of proof, objections and rulings thereon;

      5.  Findings of fact and exceptions thereto; and

      6.  The decision rendered in the proceeding.

      (Added to NRS by 1991, 111)

      NRS 398.175  Proceedings: Transcription of oral statements.  At the request of any party to a proceeding, oral statements made at the proceeding must be transcribed.

      (Added to NRS by 1991, 111)

      NRS 398.185  Proceedings: Evidence.

      1.  Irrelevant, immaterial or unduly repetitious evidence must be excluded from a proceeding. Evidence may be admitted if it is of the type commonly relied upon by reasonable, prudent persons in the conduct of their affairs.

      2.  The laws of this state relating to privilege must be observed in all proceedings.

      3.  Objections to evidentiary matters may be made and must be noted in the record of a proceeding.

      4.  Evidence may be received in written form if it will result in an expedited proceeding and will not substantially prejudice a party.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.195  Proceedings: Person presiding.  A person presiding over a proceeding must be impartial and shall not communicate with a party to the proceeding concerning any issue of fact or law except upon notice and opportunity to participate by all parties.

      (Added to NRS by 1991, 111)

      NRS 398.205  Proceedings: Decision and findings.  A decision must be rendered a reasonable time after the conclusion of a proceeding. The decision and the findings of fact must be based on substantial evidence in the record, and must be supported by a preponderance of such evidence.

      (Added to NRS by 1991, 111)

      NRS 398.215  Proceedings: Judicial review.  Parties aggrieved by the decision in a proceeding are entitled to judicial review in district court in the same manner that decisions of state agencies are reviewed pursuant to chapter 233B of NRS.

      (Added to NRS by 1991, 112)

      NRS 398.225  National collegiate athletic associations: Compliance with procedural standards; basis of findings; nature of penalties and sanctions.

      1.  A national collegiate athletic association shall not impose a sanction on any institution located in this state, its employees, student athletes, students or boosters, for a violation of the rules of the association, or impose a sanction on an institution located in this state or its athletic conference for failure of the institution to impose sanctions on its employees, student athletes, students or boosters, unless the association complies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.

      2.  Any finding of a violation by a national collegiate athletic association must be based upon and supported by a preponderance of evidence that:

      (a) Is of the type commonly relied upon by reasonable and prudent persons in the conduct of their affairs; and

      (b) Has been submitted and received in a hearing held and conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Any penalty or sanction imposed by a national collegiate athletic association must be reasonable in light of the nature and gravity of the violation and must be consistent with penalties and sanctions previously imposed by the national collegiate athletic association upon other member institutions for violations of similar nature and gravity.

      (Added to NRS by 1991, 111; A 1997, 1614)

      NRS 398.235  National collegiate athletic associations: Prohibited activities.  A national collegiate athletic association shall not:

      1.  Prevent an institution located in this state, its athletic conference or its student athletes, from athletic competition, free from sanctions, against other institutions, unless the minimum procedural standards required by NRS 398.155 to 398.255, inclusive, are observed.

      2.  Threaten with sanctions an institution that seeks redress under the provisions of NRS 398.155 to 398.255, inclusive.

      3.  Impair the rights or privileges of membership of any institution as a consequence of any rights granted under the provisions of NRS 398.155 to 398.255, inclusive.

      (Added to NRS by 1991, 112)

      NRS 398.245  Enforcement of provisions: Injunctions and other relief.

      1.  A district court may enjoin a national collegiate athletic association or institution from violating the provisions of NRS 398.155 to 398.255, inclusive. In addition to any other relief granted, a party who brings an action for injunctive relief must be awarded costs and reasonable attorney’s fees if successful in the action.

      2.  In addition to costs and reasonable attorney’s fees, a national collegiate athletic association is liable to the aggrieved institution for an amount equal to 100 percent of the monetary loss per year or portion of a year which is suffered during the period that any monetary loss occurs as a result of a penalty imposed in violation of the provisions of NRS 398.155 to 398.255, inclusive. To calculate monetary loss for the purposes of this subsection, “100 percent of the monetary loss per year” shall be deemed to be equal to the gross amount realized by the affected athletic program during the immediately preceding calendar year.

      (Added to NRS by 1991, 112)

      NRS 398.255  Remedies cumulative.  The remedies provided in NRS 398.155 to 398.255, inclusive, are cumulative and in addition to any other remedies provided by law.

      (Added to NRS by 1991, 112)

UNIFORM ATHLETES’ AGENTS ACT

General Provisions

      NRS 398.400  Short title.  The provisions of NRS 398.400 to 398.620, inclusive, may be cited as the Uniform Athletes’ Agents Act.

      (Added to NRS by 2001, 1299; A 2003, 2125)

      NRS 398.402  Applicability of provisions to person who sells or offers to sell services as athlete’s agent.

      1.  The provisions of NRS 398.400 to 398.620, inclusive, apply to a person who sells or offers to sell his or her services as an athlete’s agent if:

      (a) The offer is made in this state; or

      (b) The offer is accepted in this state.

      2.  For the purpose of this section, an offer is made in this state, whether or not either party is present in this state, if the offer:

      (a) Originates in this state; or

      (b) Is directed by the offeror to a destination in this state and received where it is directed, or at a post office in this state if the offer is mailed.

      3.  For the purpose of this section, an offer is accepted in this state if the acceptance:

      (a) Is communicated to the offeror in this state; and

      (b) Has not previously been communicated to the offeror, orally or in writing, outside this state.

Ê Acceptance is communicated to the offeror in this state, whether or not either party is present in this state, if the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received where it is directed, or at any post office in this state if the acceptance is mailed.

      (Added to NRS by 2003, 2124)

      NRS 398.403  Confidentiality of information obtained in connection with application or investigation; exceptions; effect on privilege.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 239.0115, the following information and documents do not constitute public information and are confidential:

      (a) Information or documents obtained by the Secretary of State in connection with an investigation conducted pursuant to NRS 398.600 concerning possible violations of NRS 398.400 to 398.620, inclusive; and

      (b) Information or documents filed with the Secretary of State in connection with an application for registration filed pursuant to NRS 398.400 to 398.620, inclusive, which constitute commercial or financial information, or business practices, of a person for which that person is entitled to and has asserted a claim of privilege or confidentiality authorized by law.

      2.  The Secretary of State may submit any information or evidence obtained in connection with an investigation conducted pursuant to NRS 398.600 to the Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action pursuant to NRS 398.400 to 398.620, inclusive.

      3.  The Secretary of State may disclose any information obtained in connection with an investigation conducted pursuant to NRS 398.600 to any other governmental agency if the disclosure is provided for the purpose of a civil, administrative or criminal investigation or proceeding and the receiving agency represents in writing that, under applicable law, protections exist to preserve the integrity, confidentiality and security of the information.

      4.  The provisions of NRS 398.400 to 398.620, inclusive, do not create any privilege and do not diminish any privilege existing pursuant to common law, a specific statute or regulation, or otherwise.

      (Added to NRS by 2003, 2124; A 2007, 2102)

      NRS 398.404  Definitions.  As used in NRS 398.400 to 398.620, inclusive, unless the context otherwise requires, the words and terms defined in NRS 398.408 to 398.446, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2001, 1298; A 2003, 2125)

      NRS 398.408  “Athlete’s agent” defined.  “Athlete’s agent” means a natural person who enters into a contract of agency with a student athlete or, directly or indirectly, recruits or solicits a student athlete to enter into such a contract. The term includes a natural person who represents to the public that he or she is an athlete’s agent. The term does not include a spouse, parent, sibling, grandparent or guardian of the student athlete or a natural person acting solely on behalf of a professional sports team or sports organization.

      (Added to NRS by 2001, 1298)

      NRS 398.412  “Athletic director” defined.  “Athletic director” means a natural person responsible for administering the overall athletic program of an institution or, if an institution has separately administered athletic programs for male students and female students, the athletic program for males or for females, as appropriate.

      (Added to NRS by 2001, 1298)

      NRS 398.416  “Contract for endorsement” defined.  “Contract for endorsement” means an agreement under which a student athlete is employed to use, or receives consideration for using, 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.

      (Added to NRS by 2001, 1298)

      NRS 398.420  “Contract for professional sports services” defined.  “Contract for professional sports services” means an agreement under which a natural person 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.

      (Added to NRS by 2001, 1298)

      NRS 398.424  “Contract of agency” defined.  “Contract of agency” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a contract for endorsement or a contract for professional sports services.

      (Added to NRS by 2001, 1299)

      NRS 398.428  “Intercollegiate sport” defined.  “Intercollegiate sport” means a sport played at the collegiate level for which the requirements of eligibility for participation by a student athlete are established by a national association for the promotion or regulation of collegiate athletics.

      (Added to NRS by 2001, 1299)

      NRS 398.432  “Person” defined.  “Person” includes a government and a governmental subdivision, agency or instrumentality.

      (Added to NRS by 2001, 1299)

      NRS 398.436  “Record” defined.  “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.

      (Added to NRS by 2001, 1299)

      NRS 398.440  “Registration” defined.  “Registration” means registration as an athlete’s agent pursuant to NRS 398.400 to 398.620, inclusive.

      (Added to NRS by 2001, 1299; A 2003, 2125)

      NRS 398.444  “State” defined.  “State” includes the District of Columbia, the United States Virgin Islands and any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2001, 1299)

      NRS 398.446  “Student athlete” defined.  “Student athlete” means a natural person who engages in, is eligible to engage in or may be eligible in the future to engage in any intercollegiate sport. For the purposes of a particular sport, the term does not include a person who is permanently ineligible to participate in that sport.

      (Added to NRS by 1989, 812; A 2001, 1304)

Certificate of Registration to Act as Athlete’s Agent

      NRS 398.448  Registration required to act as athlete’s agent; limited exception; contract of agency void if in violation of section.

      1.  Except as otherwise provided in subsection 2, a person shall not act as an athlete’s agent in this state without holding a certificate of registration under NRS 398.460 or 398.468.

      2.  Before being issued a certificate of registration, a person may act as an athlete’s agent in this state for all purposes except signing a contract of agency if:

      (a) A student athlete or another person acting on behalf of the student athlete initiates communication with the person so acting; and

      (b) Within 7 days after an initial act as an athlete’s agent, the person so acting submits an application for registration.

      3.  A contract of agency resulting from conduct in violation of this section is void, and the athlete’s agent shall return any consideration received under the contract.

      (Added to NRS by 2001, 1299)

      NRS 398.452  Submission of application for registration to Secretary of State; application is public record; required contents and disclosures of application.  An applicant for registration shall submit an application to the Secretary of State in a form prescribed by the Secretary of State. The application must be accompanied by the appropriate fee established by the Secretary of State pursuant to NRS 398.472. An application filed pursuant to this section is a public record. The application must be in the name of a natural person and, except as otherwise provided in NRS 398.456, be signed or otherwise authenticated by the applicant under penalty of perjury and state or contain:

      1.  The name of the applicant and the address of his or her principal place of business;

      2.  The name of the applicant’s business or employer, if applicable;

      3.  Any business or occupation engaged in by the applicant for the 5 years next preceding the date of submission of the application;

      4.  A description of the applicant’s:

      (a) Formal training as an athlete’s agent;

      (b) Practical experience as an athlete’s agent; and

      (c) Educational background relating to the applicant’s activities as an athlete’s agent;

      5.  The names and addresses of three natural persons not related to the applicant who are willing to serve as references;

      6.  The name, sport and last known team for each person for whom the applicant acted as an athlete’s agent during the 5 years next preceding the date of submission of the application;

      7.  The names and addresses of all persons who are:

      (a) With respect to the athlete’s agent’s business if it is not a corporation, the partners, members, officers, managers, associates or sharers of profits of the business; and

      (b) With respect to a corporation employing the athlete’s agent, the officers, directors and shareholders having an interest of 5 percent or more;

      8.  Whether the applicant or any person named pursuant to subsection 7 has been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony, and identify the crime;

      9.  Whether there has been any administrative or judicial determination that the applicant or any person named pursuant to subsection 7 has made a false, misleading, deceptive or fraudulent representation;

      10.  Any instance in which the conduct of the applicant or any person named pursuant to subsection 7 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 an institution;

      11.  Any sanction, suspension or disciplinary action taken against the applicant or any person named pursuant to subsection 7 arising out of occupational or professional conduct; and

      12.  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 subsection 7 as an athlete’s agent in any state.

      (Added to NRS by 2001, 1299)

      NRS 398.456  Submission of application by person who holds registration or licensure in another state.  A natural person who has submitted an application for, and holds a certificate of, registration or licensure as an athlete’s agent in another state may submit a copy of the application and certificate instead of submitting an application in the form prescribed under NRS 398.452. The copy of the application and certificate must be accompanied by the appropriate fee established by the Secretary of State pursuant to NRS 398.472. The Secretary of State shall accept the copy of the application and certificate from the other state as an application for registration in this state if the application to the other state:

      1.  Was submitted to the other state within 6 months next preceding the submission of the application in this state and the applicant certifies that the information contained in the application is current;

      2.  Contains information substantially similar to or more comprehensive than that required in an application submitted in this state; and

      3.  Was signed by the applicant under penalty of perjury.

      (Added to NRS by 2001, 1300)

      NRS 398.460  Issuance of certificate of registration; grounds for denial by Secretary of State.

      1.  Except as otherwise provided in subsection 2, the Secretary of State shall issue a certificate of registration to a natural person who complies with NRS 398.452 or whose application has been accepted under NRS 398.456.

      2.  The Secretary of State may refuse to issue a certificate of registration if the Secretary of State determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant’s fitness to act as an athlete’s agent. In making this determination, the Secretary of State 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 relating to the applicant’s fitness to act as an athlete’s agent;

      (b) Made a materially false, misleading, deceptive or fraudulent representation in his or her application or as an athlete’s agent;

      (c) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

      (d) Engaged in conduct prohibited by NRS 398.496;

      (e) Had registration or licensure as an athlete’s agent suspended, revoked or denied, or been refused renewal of registration or licensure as an athlete’s agent, in any state;

      (f) Engaged in conduct whose consequence 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 an institution; or

      (g) Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty or integrity.

      3.  In making a determination pursuant to subsection 2, the Secretary of State 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.

      (Added to NRS by 2001, 1301; A 2003, 2698)

      NRS 398.464  Renewal of registration; period for which initial certificate and renewal are valid.

      1.  An athlete’s agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. The application must be accompanied by the appropriate fee established by the Secretary of State pursuant to NRS 398.472. An application filed pursuant to this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required for an original registration.

      2.  A natural person who has submitted an application for renewal of registration or licensure in another state, instead of submitting an application for renewal in the form prescribed pursuant to subsection 1, may file a copy of the application and a valid certificate of registration or licensure from the other state. The copy of the application and certificate must be accompanied by the appropriate fee established by the Secretary of State pursuant to NRS 398.472. The Secretary of State shall accept the copy of the application and certificate from the other state as an application for renewal in this state if the application to the other state:

      (a) Was submitted in the other state within 6 months next preceding the filing in this state 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 for renewal submitted in this state; and

      (c) Was signed by the applicant under penalty of perjury.

      3.  A certificate of registration or a renewal of registration is valid for 2 years.

      (Added to NRS by 2001, 1301)

      NRS 398.468  Grounds for suspension, revocation or refusal to renew registration; issuance of temporary certificate of registration authorized.

      1.  The Secretary of State may suspend, revoke or refuse to renew a registration for conduct that would have justified denial of registration under subsection 2 of NRS 398.460.

      2.  The Secretary of State may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

      (Added to NRS by 2001, 1302)

      NRS 398.472  Adoption of regulations establishing fees; authority of Secretary of State to adopt other regulations.

      1.  The Secretary of State shall adopt regulations establishing fees for:

      (a) An initial application for registration;

      (b) An application for registration based upon a certificate of registration or licensure issued by another state;

      (c) An application for renewal of registration; and

      (d) An application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.

      2.  The fees established pursuant to subsection 1 must be sufficient to cover the costs of administration of the Uniform Athletes’ Agents Act.

      3.  The Secretary of State may adopt:

      (a) Regulations further defining such words and terms as are necessary for an understanding of the provisions of NRS 398.400 to 398.620, inclusive, and any regulations adopted pursuant thereto; and

      (b) Such other regulations as the Secretary of State determines necessary to carry out the provisions of NRS 398.400 to 398.620, inclusive.

      (Added to NRS by 2001, 1302; A 2003, 2125)

Conditions and Requirements Applicable to Athletes’ Agents

      NRS 398.476  Secretary of State appointed agent for service of process for nonresident athlete’s agent; issuance of subpoenas by Secretary of State.

      1.  By acting as an athlete’s agent in this state, a nonresident natural person appoints the Secretary of State as his or her agent for service of process in any civil action in this state related to his or her acting as an athlete’s agent in this state.

      2.  The Secretary of State may issue subpoenas for any material that is relevant to the administration of the Uniform Athletes’ Agents Act.

      (Added to NRS by 2001, 1299)

      NRS 398.480  Retention and inspection of records; duty to file updated information.

      1.  An athlete’s agent shall retain the following records for 5 years:

      (a) The name and address of each natural person the agent represents;

      (b) Any contract of agency into which the agent enters; and

      (c) Any direct cost the agent incurs in recruiting or soliciting a student athlete to enter into a contract of agency.

      2.  Records required by this section to be retained:

      (a) Are open to inspection by the Secretary of State during normal business hours; and

      (b) May be maintained in any form of data storage if they are readily accessible to the Secretary of State.

      3.  If the information contained in a document filed with the Secretary of State as part of an application for registration is or becomes inaccurate or incomplete, the registered person shall file correcting information within 30 days.

      (Added to NRS by 2001, 1302; A 2003, 2125)

Contracts of Agency

      NRS 398.482  Required contents of contract; contract void if does not contain required warning; athlete’s agent required to give record of contract to student athlete.

      1.  A contract of agency must be in a record signed or otherwise authenticated by the parties.

      2.  The contract must state or contain:

      (a) The amount of and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete’s agent under the contract and any other consideration the agent has received or will receive from any other source for entering into the contract or providing the services;

      (b) The name of any person not listed in the agent’s application for registration or renewal of registration who will be compensated because the student athlete signed the 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.  The contract must contain, in close proximity to the signature of the student athlete, a conspicuous notice in boldface capital letters:

 

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

      (1) YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

      (2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE’S AGENT MUST NOTIFY THE ATHLETIC DIRECTOR; AND

      (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

 

      4.  A contract of agency which does not contain the required warning is void and unenforceable. The student athlete need not pay any consideration under it or return any consideration received from the athlete’s agent to induce the student athlete to enter into it.

      5.  The athlete’s agent shall give a record of the signed or otherwise authenticated contract to the student athlete at the time of execution.

      (Added to NRS by 1989, 812; A 2001, 1305)

      NRS 398.484  Athlete’s agent and student athlete required to give notice of entering into contract.

      1.  Within 72 hours after entering into a contract of agency or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete’s agent shall give notice, in a record, of the existence of the contract to the athletic director of the institution at which the student athlete is enrolled or the athlete’s agent has reasonable ground to believe the student athlete intends to enroll.

      2.  Within 72 hours after entering into a contract of agency or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the institution at which the student athlete is enrolled that the student athlete has entered into the contract.

      (Added to NRS by 2001, 1302)

      NRS 398.488  Cancellation of contract by student athlete.

      1.  A student athlete may cancel a contract of agency by giving notice of the cancellation to the athlete’s agent in a record within 14 days after the contract is signed.

      2.  A student athlete may not waive the right to cancel a contract of agency.

      3.  If a student athlete cancels a contract of agency, he or she is not required to pay any consideration under the contract or to return any consideration received from the athlete’s agent to induce the student athlete to enter into the contract.

      (Added to NRS by 2001, 1302)

Liability for Violation of Rules; Prohibited Conduct

      NRS 398.490  Liability of athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs; accrual of right of action; joint and several liability; section does not restrict other rights and remedies.

      1.  An institution has a right of action against an athlete’s agent or a former student athlete for damages caused by a violation of the Uniform Athletes’ Agents Act. In such an action, the court may award to the prevailing party costs and reasonable attorney’s fees.

      2.  Damages of an institution pursuant to subsection 1 include losses and expenses incurred because, as a result of the conduct of the athlete’s agent or former student athlete, the educational institution was injured by a violation of the Uniform Athletes’ Agent Act 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 right of action pursuant to this section does not accrue until the institution discovers or by the exercise of reasonable diligence should have discovered the violation by the athlete’s agent or former student athlete.

      4.  Any liability of an athlete’s agent or former student athlete pursuant to this section is joint and several.

      5.  This section does not restrict the rights, remedies or defenses of any person under other law or in equity.

      (Added to NRS by 1989, 812; A 2001, 1304)

      NRS 398.492  Liability of person other than athlete’s agent or student athlete to institution for damages caused by violation; award of attorney’s fees and costs.

      1.  A person, other than an athlete’s agent or student athlete, who causes a student athlete or an institution to violate a rule of the national collegiate athletic association to which the institution is a member, or aids in any such violation, is liable to the institution for damages as provided in subsection 2 if:

      (a) The person knew or reasonably should have known that a rule was violated or would be violated; or

      (b) The violation of the rule is a contributing cause of:

             (1) Disciplinary action, including loss of eligibility, taken by the institution against a student athlete; or

             (2) Disciplinary action taken by the national collegiate athletic association against the institution or a student athlete.

      2.  Damages that may be awarded against a person who causes a violation of a rule of a national collegiate athletic association, or aids in any such violation, include:

      (a) Costs incurred by the institution relating to any investigation or hearing conducted by the national collegiate athletic association concerning the violation; and

      (b) Lost revenues to the institution from:

             (1) Lost contracts for televising athletic events;

             (2) A decline in ticket sales;

             (3) Being prohibited from participating in postseason athletic events and tournaments; and

             (4) Other discernible opportunities through which the institution would have realized revenue if the rule had not been violated.

      3.  If an institution prevails in an action brought pursuant to this section, it is entitled to an award of reasonable attorney’s fees and costs.

      (Added to NRS by 2001, 1302)

      NRS 398.496  Prohibition on certain conduct by athlete’s agent; penalties for violation of Act, regulations and certain orders.

      1.  An athlete’s agent shall not, with the intent to induce a student athlete to enter into any contract:

      (a) Give any materially false or misleading information or make a materially false promise or representation;

      (b) Furnish anything of value to the student athlete before the student athlete enters into the contract; or

      (c) Furnish anything of value to a natural person other than the student athlete or another registered athlete’s agent.

      2.  An athlete’s agent shall not intentionally:

      (a) Initiate communication, direct or indirect, with a student athlete to recruit or solicit the student athlete to enter into a contract of agency, unless the agent is registered pursuant to NRS 398.400 to 398.620, inclusive;

      (b) Refuse or fail to retain or permit inspection of records required to be retained pursuant to NRS 398.480;

      (c) Fail to register when required pursuant to NRS 398.448;

      (d) Include materially false or misleading information in an application for registration or renewal of registration;

      (e) Predate or postdate a contract of agency; or

      (f) Fail to notify a student athlete, before the student athlete signs or otherwise authenticates a contract of agency for a particular sport, that the signing or authentication will make the student athlete ineligible to participate as a student athlete in that sport.

      3.  A person who willfully violates:

      (a) A provision of NRS 398.400 to 398.620, inclusive;

      (b) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (c) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000, or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      4.  A person who violates:

      (a) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

      (b) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive,

Ê without knowledge of the regulation or order, is guilty of a misdemeanor and shall be punished by a fine of not more than $25,000.

      5.  The provisions of NRS 398.400 to 398.620, inclusive, do not limit the power of the State of Nevada to punish a person for conduct which constitutes a crime pursuant to any other law.

      (Added to NRS by 2001, 1303; A 2003, 2125; 2013, 984)

Investigation and Prosecution of Violations; Sanctions

      NRS 398.600  Investigation by Secretary of State; prosecution by Attorney General or county district attorney at request of Secretary of State.

      1.  The Secretary of State may, within or outside this state:

      (a) Investigate any violation of:

             (1) A provision of NRS 398.400 to 398.620, inclusive;

             (2) A regulation adopted by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive; or

             (3) An order denying, suspending or revoking the effectiveness of a registration, or an order to cease and desist, issued by the Secretary of State pursuant to NRS 398.400 to 398.620, inclusive.

      (b) Conduct such other investigations as the Secretary of State finds necessary to aid in the enforcement of NRS 398.400 to 398.620, inclusive, and any regulation or order adopted or issued by the Secretary of State pursuant thereto.

      2.  If the Secretary of State determines that a violation specified in paragraph (a) of subsection 1 has occurred, the Attorney General may prosecute the violation at the request of the Secretary of State.

      3.  If the Attorney General declines to prosecute such a violation, the district attorney of the appropriate county may prosecute the violation at the request of the Secretary of State.

      (Added to NRS by 2003, 2121)

      NRS 398.610  Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs.

      1.  If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398.600, that a person has violated, or is about to violate, any provision of NRS 398.400 to 398.620, inclusive, or any regulation or order of the Secretary of State adopted or issued pursuant to NRS 398.400 to 398.620, inclusive, the Secretary of State, in addition to any specific power granted by NRS 398.400 to 398.620, inclusive, may, without a prior hearing, issue a summary order against the person, directing the person to cease and desist from any further acts that constitute or would constitute such a violation until he or she is in compliance with NRS 398.400 to 398.620, inclusive. The summary order to cease and desist must specify the section of NRS 398.400 to 398.620, inclusive, or the regulation or order of the Secretary of State adopted or issued pursuant to NRS 398.400 to 398.620, inclusive, which the Secretary of State reasonably believes has been or is about to be violated.

      2.  If the Secretary of State reasonably believes, whether or not based upon an investigation conducted pursuant to NRS 398.600, that a person has violated any provision of NRS 398.400 to 398.620, inclusive, or any regulation or order of the Secretary of State adopted or issued pursuant to NRS 398.400 to 398.620, inclusive, the Secretary of State, in addition to any specific power granted by NRS 398.400 to 398.620, inclusive, after giving notice by registered or certified mail and conducting a hearing in an administrative proceeding, unless the right to notice and hearing is waived by the person against whom the sanction is imposed, may:

      (a) Issue an order against the person to cease and desist;

      (b) Censure the person if he or she is a registered athlete’s agent;

      (c) Suspend, revoke or refuse to renew the registration of the person as an athlete’s agent; or

      (d) If it is determined that the violation was willful, issue an order against the person imposing an administrative fine of not more than $25,000.

      3.  If the person to whom notice is given pursuant to subsection 2 does not request a hearing within 45 days after receipt of the notice, the person waives his or her right to a hearing and the Secretary of State shall issue a permanent order. If the person requests a hearing, the Secretary of State shall set the matter for hearing not less than 15 or more than 60 days after the Secretary of State receives the request for a hearing. The Secretary of State shall promptly notify the parties by registered or certified mail of the time and place set for the hearing.

      4.  The imposition of the sanctions provided in this section is limited as follows:

      (a) If the Secretary of State revokes the registration of an athlete’s agent, the imposition of that sanction precludes the imposition of an administrative fine pursuant to subsection 2; and

      (b) The imposition by the Secretary of State of one or more sanctions pursuant to subsection 2 with respect to a specific violation precludes the Secretary of State from later imposing any other sanction pursuant to subsection 2 with respect to that violation.

      5.  For the purpose of determining any sanction to be imposed pursuant to subsection 2, the Secretary of State shall consider, among other factors, how recently the conduct occurred, the nature of the conduct and the context in which it occurred, and any other relevant conduct of the applicant.

      6.  If a sanction is imposed pursuant to this section, the Secretary of State may recover the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, from the person against whom the sanction is imposed.

      (Added to NRS by 2003, 2122)

      NRS 398.620  Powers of Secretary of State and certain other officers and employees in carrying out investigations and proceedings; issuance of subpoenas; enforcement of subpoena by court.

      1.  For the purposes of an investigation or proceeding pursuant to NRS 398.400 to 398.620, inclusive, the Secretary of State or any officer or employee designated by the Secretary of State by regulation, order or written direction may conduct hearings, administer oaths and affirmations, render findings of fact and conclusions of law, subpoena witnesses and compel their attendance, take evidence and require the production, by subpoena or otherwise, of books, papers, correspondence, memoranda, agreements or other documents or records which the Secretary of State or the Secretary of State’s designated officer or employee determines to be relevant or material to the investigation or proceeding. A person whom the Secretary of State or a designated officer or employee does not consider to be the subject of an investigation is entitled to reimbursement at the rate of 25 cents per page for copies of documents which he or she is required by subpoena to produce. The Secretary of State or a designated officer or employee may require or permit a person to file a statement, under oath or otherwise as the Secretary of State or a designated officer or employee determines, as to the facts and circumstances concerning the matter to be investigated.

      2.  If the activities constituting an alleged violation for which the information is sought would be a violation of NRS 398.400 to 398.620, inclusive, had the activities occurred in this state, the Secretary of State may issue and apply to enforce subpoenas in this state at the request of an agency or Secretary of State of another state.

      3.  If a person does not testify or produce the documents required by the Secretary of State or a designated officer or employee pursuant to subpoena, the Secretary of State or designated officer or employee may apply to the court for an order compelling compliance. A request for an order of compliance may be addressed to:

      (a) The district court in and for the county where service may be obtained on the person refusing to testify or produce the documents, if the person is subject to service of process in this state; or

      (b) A court of another state having jurisdiction over the person refusing to testify or produce the documents, if the person is not subject to service of process in this state.

      (Added to NRS by 2003, 2123)