[Rev. 6/2/2018 5:10:52 PM--2017]

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. [Repealed.]

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 [Repealed.]

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 [Repealed.]

NRS 398.404           Definitions. [Repealed.]

NRS 398.408           “Athlete’s agent” defined. [Repealed.]

NRS 398.412           “Athletic director” defined. [Repealed.]

NRS 398.416           “Contract for endorsement” defined. [Repealed.]

NRS 398.420           “Contract for professional sports services” defined. [Repealed.]

NRS 398.424           “Contract of agency” defined. [Repealed.]

NRS 398.428           “Intercollegiate sport” defined. [Repealed.]

NRS 398.432           “Person” defined. [Repealed.]

NRS 398.436           “Record” defined. [Repealed.]

NRS 398.440           “Registration” defined. [Repealed.]

NRS 398.444           “State” defined. [Repealed.]

NRS 398.446           “Student athlete” defined. [Repealed.]

 

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. [Repealed.]

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 [Repealed.]

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 [Repealed.]

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 [Repealed.]

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 [Repealed.]

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 [Repealed.]

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 [Repealed.]

 

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. [Repealed.]

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 [Repealed.]

 

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. [Repealed.]

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 [Repealed.]

NRS 398.488           Cancellation of contract by student athlete. [Repealed.]

 

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. [Repealed.]

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. [Repealed.]

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

 

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. [Replaced in revision by NRS 398A.420.]

NRS 398.610           Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs. [Replaced in revision by NRS 398A.440.]

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. [Replaced in revision by NRS 398A.430.]

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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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.402  Applicability of provisions to person who sells or offers to sell services as athlete’s agent.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.403  Confidentiality of information obtained in connection with application or investigation; exceptions; effect on privilege.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.404  Definitions.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.408  “Athlete’s agent” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.412  “Athletic director” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.416  “Contract for endorsement” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.420  “Contract for professional sports services” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.424  “Contract of agency” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.428  “Intercollegiate sport” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.432  “Person” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.436  “Record” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.440  “Registration” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.444  “State” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.446  “Student athlete” defined.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.452  Submission of application for registration to Secretary of State; application is public record; required contents and disclosures of application.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.456  Submission of application by person who holds registration or licensure in another state.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.460  Issuance of certificate of registration; grounds for denial by Secretary of State.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.464  Renewal of registration; period for which initial certificate and renewal are valid.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.468  Grounds for suspension, revocation or refusal to renew registration; issuance of temporary certificate of registration authorized.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.472  Adoption of regulations establishing fees; authority of Secretary of State to adopt other regulations.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.480  Retention and inspection of records; duty to file updated information.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.484  Athlete’s agent and student athlete required to give notice of entering into contract.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.488  Cancellation of contract by student athlete.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      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.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

      NRS 398.496  Prohibition on certain conduct by athlete’s agent; penalties for violation of Act, regulations and certain orders.  Repealed. (See chapter 314, Statutes of Nevada 2017, at page 1726.)

 

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.  [Replaced in revision by NRS 398A.420.]

 

      NRS 398.610  Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs.  [Replaced in revision by NRS 398A.440.]

 

      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.  [Replaced in revision by NRS 398A.430.]