[Rev. 6/2/2018 5:10:58 PM--2017]

CHAPTER 398A - REVISED UNIFORM ATHLETE AGENTS ACT

GENERAL PROVISIONS

NRS 398A.010        Short title.

NRS 398A.015        Definitions.

NRS 398A.020        “Agency contract” defined.

NRS 398A.025        “Athlete agent” defined.

NRS 398A.030        “Athletic director” defined.

NRS 398A.035        “Educational institution” defined.

NRS 398A.040        “Endorsement contract” defined.

NRS 398A.045        “Enrolled” defined.

NRS 398A.050        “Intercollegiate sport” defined.

NRS 398A.055        “Interscholastic sport” defined.

NRS 398A.060        “Licensed, registered or certified professional” defined.

NRS 398A.065        “Person” defined.

NRS 398A.070        “Professional sports services contract” defined.

NRS 398A.075        “Record” defined.

NRS 398A.080        “Recruit or solicit” defined.

NRS 398A.085        “Registration” defined.

NRS 398A.090        “Sign” defined.

NRS 398A.095        “State” defined.

NRS 398A.100        “Student athlete” defined.

NRS 398A.105        Uniformity of interpretation.

NRS 398A.110        Applicability of provisions to person who sells or offers to sell services as athlete agent.

NRS 398A.115        Confidentiality of certain information obtained in connection with investigation or application for registration; disclosure of information for criminal prosecution or other investigations or proceedings; effect on privilege.

NRS 398A.120        Relation to Electronic Signatures in Global and National Commerce Act.

NRS 398A.125        Administration by Secretary of State: Regulations; agent for service of process for nonresident athlete agent; subpoena power.

CERTIFICATE OF REGISTRATION TO ACT AS ATHLETE AGENT

NRS 398A.200        Registration required to act as athlete agent; limited exception; contract of agency void if in violation of section.

NRS 398A.210        Submission of application for registration to Secretary of State; required contents and disclosures of application; registration of person registered as athlete agent in another state. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.210        Submission of application for registration to Secretary of State; required contents and disclosures of application; registration of person registered as athlete agent in another state. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.220        Issuance of certificate of registration; grounds for denial by Secretary of State; renewal of registration; period for which initial certificate and renewal are valid. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.220        Issuance of certificate of registration; grounds for denial by Secretary of State; renewal of registration; period for which initial certificate and renewal are valid. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.230        Statement concerning obligation for child support required for issuance or renewal of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.240        Suspension of registration; reinstatement of suspended registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 398A.250        Grounds to limit, suspend, revoke or refuse to renew registration.

NRS 398A.260        Issuance of temporary certificate of registration authorized.

NRS 398A.270        Adoption of regulations establishing fees.

AGENCY CONTRACTS AND RECORDS

NRS 398A.350        Required information and provisions for agency contract; separate record acknowledging consequence of signing; contract may be voided if nonconforming.

NRS 398A.360        Required notice regarding contract and certain communications by athlete agent and student athlete; educational institution required to notify certain persons of violations by athlete agent.

NRS 398A.370        Retention and inspection of records.

NRS 398A.380        Cancellation of contract by student athlete or parent or guardian of minor student athlete.

PROHIBITED ACTS AND ENFORCEMENT

NRS 398A.400        Prohibited acts; penalty.

NRS 398A.410        Action for damages.

NRS 398A.420        Investigation by Secretary of State; prosecution by Attorney General or county district attorney at request of Secretary of State.

NRS 398A.430        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.

NRS 398A.440        Summary order to cease and desist violation; authorized sanctions; notice and hearing; limitation on sanctions; recovery of costs.

_________

GENERAL PROVISIONS

      NRS 398A.010  Short title.  This chapter may be cited as the Revised Uniform Athlete Agents Act (2015).

      (Added to NRS by 2017, 1710)

      NRS 398A.015  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 398A.020 to 398A.100, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 2017, 1710)

      NRS 398A.020  “Agency contract” defined.  “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the athlete a professional sports services contract or endorsement contract.

      (Added to NRS by 2017, 1710)

      NRS 398A.025  “Athlete agent” defined.  “Athlete agent”:

      1.  Means an individual, whether or not registered under this chapter, who:

      (a) Directly or indirectly recruits or solicits a student athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for a student athlete as a professional athlete or member of a professional sports team or organization;

      (b) For compensation or in anticipation of compensation related to a student athlete’s participation in athletics:

             (1) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or

             (2) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; or

      (c) In anticipation of representing a student athlete for a purpose related to the athlete’s participation in athletics:

             (1) Gives consideration to the student athlete or another person;

             (2) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits or career management decisions; or

             (3) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts or taxes; but

      2.  Does not include an individual who:

      (a) Acts solely on behalf of a professional sports team or organization; or

      (b) Is a licensed, registered or certified professional and offers or provides services to a student athlete customarily provided by members of the profession, unless the individual:

             (1) Also recruits or solicits the athlete to enter into an agency contract;

             (2) Also, for compensation, procures employment or offers, promises, attempts or negotiates to obtain employment for the athlete as a professional athlete or member of a professional sports team or organization; or

             (3) Receives consideration for providing the services calculated using a different method than for an individual who is not a student athlete.

      (Added to NRS by 2017, 1710)

      NRS 398A.030  “Athletic director” defined.  “Athletic director” means the individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

      (Added to NRS by 2017, 1711)

      NRS 398A.035  “Educational institution” defined.  “Educational institution” includes a public or private elementary school, secondary school, technical or vocational school, community college, college and university.

      (Added to NRS by 2017, 1711)

      NRS 398A.040  “Endorsement contract” defined.  “Endorsement contract” means an agreement under which a student athlete is employed or receives consideration to use on behalf of the other party any value that the athlete may have because of publicity, reputation, following or fame obtained because of athletic ability or performance.

      (Added to NRS by 2017, 1711)

      NRS 398A.045  “Enrolled” defined.  “Enrolled” means registered for courses and attending athletic practice or class. “Enrolls” has a corresponding meaning.

      (Added to NRS by 2017, 1711)

      NRS 398A.050  “Intercollegiate sport” defined.  “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student athlete are established by a national association that promotes or regulates collegiate athletics.

      (Added to NRS by 2017, 1711)

      NRS 398A.055  “Interscholastic sport” defined.  “Interscholastic sport” means a sport played between educational institutions that are not community colleges, colleges or universities.

      (Added to NRS by 2017, 1711)

      NRS 398A.060  “Licensed, registered or certified professional” defined.  “Licensed, registered or certified professional” means an individual licensed, registered or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant or member of a profession, other than that of athlete agent, who is licensed, registered or certified by the state or a nationally recognized organization that licenses, registers or certifies members of the profession on the basis of experience, education or testing.

      (Added to NRS by 2017, 1711)

      NRS 398A.065  “Person” defined.  “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency or instrumentality or other legal entity.

      (Added to NRS by 2017, 1711)

      NRS 398A.070  “Professional sports services contract” defined.  “Professional sports services contract” means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.

      (Added to NRS by 2017, 1711)

      NRS 398A.075  “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 2017, 1711)

      NRS 398A.080  “Recruit or solicit” defined.  “Recruit or solicit” means attempt to influence the choice of an athlete agent by a student athlete or, if the athlete is a minor, a parent or guardian of the athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.

      (Added to NRS by 2017, 1712)

      NRS 398A.085  “Registration” defined.  “Registration” means registration as an athlete agent under this chapter.

      (Added to NRS by 2017, 1712)

      NRS 398A.090  “Sign” defined.  “Sign” means, with present intent to authenticate or adopt a record:

      1.  To execute or adopt a tangible symbol; or

      2.  To attach to or logically associate with the record an electronic symbol, sound or process.

      (Added to NRS by 2017, 1712)

      NRS 398A.095  “State” defined.  “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.

      (Added to NRS by 2017, 1712)

      NRS 398A.100  “Student athlete” defined.  “Student athlete” means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.

      (Added to NRS by 2017, 1712)

      NRS 398A.105  Uniformity of interpretation.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

      (Added to NRS by 2017, 1722)

      NRS 398A.110  Applicability of provisions to person who sells or offers to sell services as athlete agent.

      1.  The provisions of this chapter apply to a person who sells or offers to sell his or her services as an athlete agent if the offer is:

      (a) Made in this State;

      (b) Accepted in this State;

      (c) Accepted by a resident of this State; or

      (d) Accepted by a student athlete who is enrolled at an educational institution.

      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 2017, 1712)

      NRS 398A.115  Confidentiality of certain information obtained in connection with investigation or application for registration; disclosure of information for criminal prosecution or other investigations or proceedings; 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 398A.420 concerning possible violations of this chapter; and

      (b) Information or documents filed with the Secretary of State in connection with an application for registration filed pursuant to this chapter that 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 398A.420 to the Attorney General or appropriate district attorney for the purpose of prosecuting a criminal action pursuant to this chapter.

      3.  The Secretary of State may disclose any information obtained in connection with an investigation conducted pursuant to NRS 398A.420 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 this chapter 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 2017, 1712)

      NRS 398A.120  Relation to Electronic Signatures in Global and National Commerce Act.  This chapter modifies, limits or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001 et seq., but does not modify, limit or supersede Section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. § 7003(b).

      (Added to NRS by 2017, 1722)

      NRS 398A.125  Administration by Secretary of State: Regulations; agent for service of process for nonresident athlete agent; subpoena power.

      1.  The Secretary of State may adopt regulations to carry out the provisions of this chapter.

      2.  By acting as an athlete agent in this State, a nonresident individual appoints the Secretary of State as the individual’s agent for service of process in any civil action in this State related to the individual acting as an athlete agent in this State.

      3.  The Secretary of State may issue a subpoena for material that is relevant to the administration of this chapter.

      (Added to NRS by 2017, 1713)

CERTIFICATE OF REGISTRATION TO ACT AS ATHLETE AGENT

      NRS 398A.200  Registration required to act as athlete agent; limited exception; contract of agency void if in violation of section.

      1.  Except as otherwise provided in subsection 2, an individual may not act as an athlete agent in this State without holding a certificate of registration under this chapter.

      2.  Before being issued a certificate of registration under this chapter, an individual may act as an athlete agent in this State for all purposes except signing an agency contract if:

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

      (b) Not later than 7 days after an initial act that requires the individual to register as an athlete agent, the individual submits an application for registration as an athlete agent in this State.

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

      (Added to NRS by 2017, 1713)

      NRS 398A.210  Submission of application for registration to Secretary of State; required contents and disclosures of application; registration of person registered as athlete agent in another state. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:

      (a) The name and date and place of birth of the applicant and the following contact information for the applicant:

             (1) The address of the applicant’s principal place of business;

             (2) Work and mobile telephone numbers; and

             (3) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;

      (b) The name of the applicant’s business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form and the nature of the business;

      (c) Each social media account with which the applicant or the applicant’s business or employer is affiliated;

      (d) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time;

      (e) A description of the applicant’s:

             (1) Formal training as an athlete agent;

             (2) Practical experience as an athlete agent; and

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

      (f) The name of each student athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete’s sport and last known team;

      (g) The name and address of each person that:

             (1) Is a partner, member, officer, manager, associate or profit sharer or directly or indirectly holds an equity interest of 5 percent or greater of the athlete agent’s business if it is not a corporation; and

             (2) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5 percent or greater in the corporation;

      (h) A description of the status of any application by the applicant, or any person named under paragraph (g), for a state or federal business, professional or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand or censure related to the license;

      (i) Whether the applicant, or any person named under paragraph (g), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State and, if so, identification of:

             (1) The crime;

             (2) The law enforcement agency involved; and

             (3) If applicable, the date of the conviction and the fine or penalty imposed;

      (j) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence or incapacity and, if so, the date and a full explanation of each proceeding;

      (k) Whether the applicant, or any person named under paragraph (g), has an unsatisfied judgment or a judgment of continuing effect, including spousal support or a domestic order in the nature of child support, which is not current at the date of the application;

      (l) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

      (m) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (g), made a false, misleading, deceptive or fraudulent representation;

      (n) Each instance in which conduct of the applicant, or any person named under paragraph (g), resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution;

      (o) Each sanction, suspension or disciplinary action taken against the applicant, or any person named under paragraph (g), arising out of occupational or professional conduct;

      (p) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (g), as an athlete agent in any state;

      (q) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

      (r) If the applicant is certified or registered by a professional league or players association:

             (1) The name of the league or association;

             (2) The date of certification or registration, and the date of expiration of the certification or registration, if any; and

             (3) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

      (s) Any additional information required by the Secretary of State.

      2.  Instead of proceeding under subsection 1, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this State by submitting to the Secretary of State:

      (a) A copy of the application for registration in the other state;

      (b) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury;

      (c) A copy of the certificate of registration from the other state; and

      (d) The information required by NRS 398A.230.

      3.  Except as otherwise provided in NRS 398A.230, the Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection 2 if the Secretary of State determines:

      (a) The application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

      (b) The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      4.  For purposes of implementing subsection 3, the Secretary of State may:

      (a) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and

      (b) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

      (Added to NRS by 2017, 1713)

      NRS 398A.210  Submission of application for registration to Secretary of State; required contents and disclosures of application; registration of person registered as athlete agent in another state. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for registration as an athlete agent shall submit an application for registration to the Secretary of State in a form prescribed by the Secretary of State. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least the following:

      (a) The name and date and place of birth of the applicant and the following contact information for the applicant:

             (1) The address of the applicant’s principal place of business;

             (2) Work and mobile telephone numbers; and

             (3) Any means of communicating electronically, including a facsimile number, electronic mail address, and personal and business or employer websites;

      (b) The name of the applicant’s business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organization form and the nature of the business;

      (c) Each social media account with which the applicant or the applicant’s business or employer is affiliated;

      (d) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration or certification held by the applicant during that time;

      (e) A description of the applicant’s:

             (1) Formal training as an athlete agent;

             (2) Practical experience as an athlete agent; and

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

      (f) The name of each student athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the athlete’s sport and last known team;

      (g) The name and address of each person that:

             (1) Is a partner, member, officer, manager, associate or profit sharer or directly or indirectly holds an equity interest of 5 percent or greater of the athlete agent’s business if it is not a corporation; and

             (2) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5 percent or greater in the corporation;

      (h) A description of the status of any application by the applicant, or any person named under paragraph (g), for a state or federal business, professional or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal or termination of the license and any reprimand or censure related to the license;

      (i) Whether the applicant, or any person named under paragraph (g), has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State and, if so, identification of:

             (1) The crime;

             (2) The law enforcement agency involved; and

             (3) If applicable, the date of the conviction and the fine or penalty imposed;

      (j) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incapacity and, if so, the date and a full explanation of each proceeding;

      (k) Whether the applicant, or any person named under paragraph (g), has an unsatisfied judgment or a judgment of continuing effect, including spousal support or a domestic order in the nature of child support, which is not current at the date of the application;

      (l) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;

      (m) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (g), made a false, misleading, deceptive or fraudulent representation;

      (n) Each instance in which conduct of the applicant, or any person named under paragraph (g), resulted in the imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution;

      (o) Each sanction, suspension or disciplinary action taken against the applicant, or any person named under paragraph (g), arising out of occupational or professional conduct;

      (p) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (g), as an athlete agent in any state;

      (q) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;

      (r) If the applicant is certified or registered by a professional league or players association:

             (1) The name of the league or association;

             (2) The date of certification or registration, and the date of expiration of the certification or registration, if any; and

             (3) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and

      (s) Any additional information required by the Secretary of State.

      2.  Instead of proceeding under subsection 1, an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this State by submitting to the Secretary of State:

      (a) A copy of the application for registration in the other state;

      (b) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and

      (c) A copy of the certificate of registration from the other state.

      3.  The Secretary of State shall issue a certificate of registration to an individual who applies for registration under subsection 2 if the Secretary of State determines:

      (a) The application and registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

      (b) The registration has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      4.  For purposes of implementing subsection 3, the Secretary of State may:

      (a) Cooperate with national organizations concerned with athlete agent issues and agencies in other states which register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this chapter; and

      (b) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

      (Added to NRS by 2017, 1713, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 398A.220  Issuance of certificate of registration; grounds for denial by Secretary of State; renewal of registration; period for which initial certificate and renewal are valid. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Except as otherwise provided in subsection 2 and NRS 398A.230, the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with subsection 1 of NRS 398A.210.

      2.  The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under subsection 1 of NRS 398A.210 if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:

      (a) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State;

      (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 NRS 398A.400;

      (e) Had a registration as an athlete agent suspended, revoked or denied in any state;

      (f) Been refused renewal of registration as an athlete agent in any state;

      (g) Engaged in conduct resulting in imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution; or

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

      3.  In making a determination under 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) Other relevant conduct of the applicant.

      4.  An athlete agent registered under subsection 1 may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.

      5.  An athlete agent registered under subsection 3 of NRS 398A.210 may renew the registration by proceeding under subsection 4 or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state, the renewed registration from the other state and the information required by NRS 398A.230. Except as otherwise provided in NRS 398A.230, the Secretary of State shall renew the registration if the Secretary of State determines:

      (a) The registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

      (b) The renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      6.  A certificate of registration or renewal of registration under this chapter is valid for 2 years

      (Added to NRS by 2017, 1716)

      NRS 398A.220  Issuance of certificate of registration; grounds for denial by Secretary of State; renewal of registration; period for which initial certificate and renewal are valid. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  Except as otherwise provided in subsection 2, the Secretary of State shall issue a certificate of registration to an applicant for registration who complies with subsection 1 of NRS 398A.210.

      2.  The Secretary of State may refuse to issue a certificate of registration to an applicant for registration under subsection 1 of NRS 398A.210 if the Secretary of State determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:

      (a) Pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in this State;

      (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 NRS 398A.400;

      (e) Had a registration as an athlete agent suspended, revoked or denied in any state;

      (f) Been refused renewal of registration as an athlete agent in any state;

      (g) Engaged in conduct resulting in imposition of a sanction, suspension or declaration of ineligibility to participate in an interscholastic, intercollegiate or professional athletic event on a student athlete or a sanction on an educational institution; or

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

      3.  In making a determination under 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) Other relevant conduct of the applicant.

      4.  An athlete agent registered under subsection 1 may apply to renew the registration by submitting an application for renewal in a form prescribed by the Secretary of State. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration.

      5.  An athlete agent registered under subsection 3 of NRS 398A.210 may renew the registration by proceeding under subsection 4 or, if the registration in the other state has been renewed, by submitting to the Secretary of State copies of the application for renewal in the other state and the renewed registration from the other state. The Secretary of State shall renew the registration if the Secretary of State determines:

      (a) The registration requirements of the other state are substantially similar to or more restrictive than this chapter; and

      (b) The renewed registration has not been suspended or revoked and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.

      6.  A certificate of registration or renewal of registration under this chapter is valid for 2 years.

      (Added to NRS by 2017, 1716, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 398A.230  Statement concerning obligation for child support required for issuance or renewal of registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  In addition to any other requirements set forth in this chapter:

      (a) An individual who applies for registration or the renewal of registration as an athlete agent pursuant to NRS 398A.210 or 398A.220, respectively, must include the social security number of the applicant in the application submitted to the Secretary of State.

      (b) An applicant described in paragraph (a) shall submit to the Secretary of State the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Secretary of State shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for registration or the renewal of registration as an athlete agent; or

      (b) A separate form prescribed by the Secretary of State.

      3.  Registration as an athlete agent may not be issued or renewed by the Secretary of State if the applicant:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Secretary of State shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 2017, 1717)

      NRS 398A.240  Suspension of registration; reinstatement of suspended registration. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Secretary of State receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to an individual who is registered as an athlete agent, the Secretary of State shall deem the registration to be suspended at the end of the 30th day after the date on which the court order was issued unless the Secretary of State receives a letter issued to the registrant by the district attorney or other public agency pursuant to NRS 425.550 stating that the registrant has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Secretary of State shall reinstate a registration as an athlete agent that has been suspended by a district court pursuant to NRS 425.540 if the Secretary of State receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the individual whose registration was suspended stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 2017, 1718)

      NRS 398A.250  Grounds to limit, suspend, revoke or refuse to renew registration.

      1.  The Secretary of State may limit, suspend, revoke or refuse to renew a registration of an individual registered under subsection 1 of NRS 398A.220 for conduct that would have justified refusal to issue a certificate of registration under subsection 2 of NRS 398A.220.

      2.  The Secretary of State may suspend or revoke the registration of an individual registered under subsection 3 of NRS 398A.210 or renewed under subsection 5 of NRS 398A.220 for any reason for which the Secretary of State could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under subsection 2 of NRS 398A.220.

      (Added to NRS by 2017, 1718)

      NRS 398A.260  Issuance of temporary certificate of registration authorized.  The Secretary of State may issue a temporary certificate of registration as an athlete agent while an application for registration or renewal of registration is pending.

      (Added to NRS by 2017, 1718)

      NRS 398A.270  Adoption of regulations establishing fees.  The Secretary of State shall adopt regulations establishing fees for:

      1.  An initial application for registration.

      2.  Registration based on a certificate of registration issued by another state.

      3.  An application for renewal of registration.

      4.  Renewal of registration based on a renewal of registration in another state.

      (Added to NRS by 2017, 1718)

AGENCY CONTRACTS AND RECORDS

      NRS 398A.350  Required information and provisions for agency contract; separate record acknowledging consequence of signing; contract may be voided if nonconforming.

      1.  An agency contract must be in a record signed by the parties.

      2.  An agency contract must contain:

      (a) A statement that the athlete agent is registered as an athlete agent in this State and a list of any other states in which the agent is registered as an athlete agent;

      (b) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the 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;

      (c) The name of any person not listed in the agent’s application for registration or renewal of registration which will be compensated because the athlete signed the contract;

      (d) A description of any expenses the athlete agrees to reimburse;

      (e) A description of the services to be provided to the athlete;

      (f) The duration of the contract; and

      (g) The date of execution.

      3.  Subject to subsection 7, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:

 

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

       (a) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

       (b) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

       (c) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.

 

      4.  An agency contract must be accompanied by a separate record signed by the student athlete or, if the athlete is a minor, the parent or guardian of the athlete acknowledging that signing the contract may result in the loss of the athlete’s eligibility to participate in the athlete’s sport.

      5.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.

      6.  At the time an agency contract is executed, the athlete agent shall give the student athlete or, if the athlete is a minor, the parent or guardian of the athlete a copy in a record of the contract and the separate acknowledgment required by subsection 4.

      7.  If a student athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection 3 must be revised accordingly.

      (Added to NRS by 2017, 1718)

      NRS 398A.360  Required notice regarding contract and certain communications by athlete agent and student athlete; educational institution required to notify certain persons of violations by athlete agent.

      1.  Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the athlete is enrolled or at which the agent has reasonable grounds to believe the athlete intends to enroll.

      2.  Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete shall inform the athletic director of the educational institution at which the athlete is enrolled that the athlete has entered into an agency contract and the name and contact information of the athlete agent.

      3.  If an athlete agent enters into an agency contract with a student athlete and the athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.

      4.  If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:

      (a) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or

      (b) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment.

      5.  An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student athlete is enrolled before the agent communicates or attempts to communicate with:

      (a) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or

      (b) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.

      6.  If a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall notify in a record the athletic director of any educational institution at which the athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.

      7.  An educational institution that becomes aware of a violation of this chapter by an athlete agent shall notify the Secretary of State and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation.

      8.  As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.

      (Added to NRS by 2017, 1719)

      NRS 398A.370  Retention and inspection of records.

      1.  An athlete agent shall create and retain for 5 years records of the following:

      (a) The name and address of each individual represented by the agent;

      (b) Each agency contract entered into by the agent; and

      (c) The direct costs incurred by the agent in the recruitment or solicitation of each student athlete to enter into an agency contract.

      2.  Records described in subsection 1 are open to inspection by the Secretary of State during normal business hours.

      (Added to NRS by 2017, 1721)

      NRS 398A.380  Cancellation of contract by student athlete or parent or guardian of minor student athlete.

      1.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent not later than 14 days after the contract is signed.

      2.  A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may not waive the right to cancel an agency contract.

      3.  If a student athlete, parent or guardian cancels an agency contract, the athlete, parent or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the athlete to enter into the contract.

      (Added to NRS by 2017, 1720)

PROHIBITED ACTS AND ENFORCEMENT

      NRS 398A.400  Prohibited acts; penalty.

      1.  An athlete agent, with the intent to influence a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:

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

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

      (c) Furnish anything of value to an individual other than the athlete or another registered athlete agent.

      2.  An athlete agent may not intentionally do any of the following or encourage any other individual to do any of the following on behalf of the agent:

      (a) Initiate contact, directly or indirectly, with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, to recruit or solicit the athlete, parent or guardian to enter an agency contract unless registered under this chapter;

      (b) Fail to create or retain or to permit inspection of the records required by NRS 398A.370;

      (c) Fail to register when required by NRS 398A.200;

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

      (e) Predate or postdate an agency contract; or

      (f) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, before the athlete, parent or guardian signs an agency contract for a particular sport that the signing may make the athlete ineligible to participate as a student athlete in that sport.

      3.  The provisions of this chapter do not limit the power of the State of Nevada to punish a person for conduct that constitutes a crime pursuant to any other law.

      4.  An athlete agent who violates this section is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not more than $50,000 or by both fine and imprisonment. In addition to any other penalty, the court shall order the person to pay restitution.

      (Added to NRS by 2017, 1721)

      NRS 398A.410  Action for damages.

      1.  An educational institution or student athlete may bring an action for damages against an athlete agent if the institution or athlete is adversely affected by an act or omission of the agent in violation of this chapter. An educational institution or student athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student athlete at the time of the act or omission and enrolled in the institution:

      (a) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a state or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or

      (b) Suffers financial damage.

      2.  A plaintiff that prevails in an action under this section may recover actual damages and costs and reasonable attorney’s fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student athlete and shall refund any consideration paid to the agent by or on behalf of the athlete.

      (Added to NRS by 2017, 1721)

      NRS 398A.420  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 this chapter;

             (2) A regulation adopted by the Secretary of State pursuant to this chapter; 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 this chapter.

      (b) Conduct such other investigations as the Secretary of State finds necessary to aid in the enforcement of this chapter 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; A 2017, 1722) — (Substituted in revision for NRS 398.600)

      NRS 398A.430  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 this chapter, 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 this chapter 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; A 2017, 1724) — (Substituted in revision for NRS 398.620)

      NRS 398A.440  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 398A.410, that a person has violated, or is about to violate, any provision of this chapter or any regulation or order of the Secretary of State adopted or issued pursuant to this chapter, the Secretary of State, in addition to any specific power granted by this chapter 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 this chapter. The summary order to cease and desist must specify the section of this chapter or the regulation or order of the Secretary of State adopted or issued pursuant to this chapter 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 398A.700, that a person has violated any provision of this chapter or any regulation or order of the Secretary of State adopted or issued pursuant to this chapter, the Secretary of State, in addition to any specific power granted by this chapter, 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 agent;

      (c) Suspend, revoke or refuse to renew the registration of the person as an athlete 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 $50,000.

      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 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; A 2017, 1722) — (Substituted in revision for NRS 398.610)