1. The Alabama
Athlete Agents Regulatory Commission is continued in existence as the Alabama
Athlete Agents Commission (hereinafter "the Commission") and is established by
Alabama Code Section
8-26B-30.
2. The Commission performs duties set forth
in Title 8, Chapter 26B, of the Code of Alabama. The Commission shall have
authority to do all of the following:
a. New
Applications. Review, consider, and approve or deny, for reasons provided by
Alabama Code Section
8-26B-6, all new applications for
registration as an athlete agent in the State of Alabama upon receipt and
processing by the Secretary of State;
b. Reciprocal Registration Applications.
Review, consider, and approve or deny, for reasons provided by Alabama Code
Section 8-26B-6, all applications for
reciprocal registration as an athlete agent in the State of Alabama upon
receipt and processing by the Secretary of State;
c. Renewal Applications. Review, consider,
and approve or deny, for reasons provided by Alabama Code Section
8-26B-6, all applications for
registration renewal as an athlete agent in the State of Alabama upon receipt
and processing by the Secretary of State;
d. Temporary Registration Applications.
Review, consider, and make permanent all applications for temporary
registration as an athlete agent in the State of Alabama issued by the
Secretary of State after receipt and processing;
e. Review, consider, limit, suspend, revoke,
refuse to renew, or refuse to make permanent the registration or temporary
registration of an athlete agent, for reasons provided by Alabama Code Sections
8-26B-6 and
8-26B-7, and following the process
put forth in Rule
142-1-2-.01; and
f. Otherwise perform such duties as may be
necessary to meet the requirements of Alabama law regarding the registration
and certification of athlete agents in the State of Alabama.
3. Meetings. The Commission shall
meet quarterly in a properly noticed open public meeting and otherwise at the
call of the chair in compliance with the Alabama Open Meetings Law. A majority
of the Commission shall constitute a quorum to transact business. A majority
vote of the quorum on any matter coming before it shall constitute official
action of the Commission. The Commission may, in its discretion, permit any
individual in attendance the opportunity to speak before it. If necessary, to
discuss good name and character or otherwise in compliance with the Alabama
Open Meetings Act, the Commission may properly convene an executive session.
Any decision of the Commission following an executive session will be made in
public meeting and memorialized in the meeting minutes. If the members are
evenly divided on a particular matter, it will be continued to the Commission's
next meeting. If a majority of the Commission members present desire further
information or records from any person not present or source not available in
the meeting, the Commission may recess or continue the matter to its next
meeting. Commission meeting minutes shall be public record.
4. For purposes of Title 8, Chapter 26B, of
the Code of Alabama and Chapters 142-1-1 and 142-1-2 of the Alabama
Administrative Code, all references to "the Secretary of State" shall mean "the
Office of the Secretary of State of Alabama." All duties and responsibilities
of the Secretary of State shall be performed by the Office of the Secretary of
State by and through appropriate designees.
5. Section
8-26B-30 requires the Secretary of
State to provides administrative support for the Commission and authorizes the
Secretary of State to administer Title 8, Chapter 26B. Accordingly, the
Secretary of State:
a. Serves to meet the
Commission's fiscal and budgetary requirements;
b. Employs personnel and arranges for
assistance, service, and supplies as needed by the Commission;
c. Develops and implements policies and
procedures for the Commission as needed;
d. Promulgates administrative rules necessary
for the Commission to perform its duties;
e. Publishes an annual register of State of
Alabama registered and certified athlete agents;
f. Provides a quarterly report to the
Commission of all registered and certified Alabama agents, along with any
suspensions, revocations, and disciplinary actions taken; and
g. Maintains official records of the
Commission and the Commission's Administrative Code.
6. The Secretary of State will issue a
certificate of registration to an individual who applies for new, reciprocal,
or renewal registration as an athlete agent in the State of Alabama and whose
application is processed and approved by the Commission.
7. The Secretary of State may issue a
temporary certificate of registration to an applicant whose application for
registration has been processed and is pending Commission review. The
Commission must determine whether to make such temporary certification
permanent at its next meeting. Refusal to make a temporary certification
permanent shall follow the process put forth in Rule
142-1-2-.01.
8. Notice of a Commission decision to deny an
applicant's new, reciprocal, or renewal registration as an athlete agent in the
State of Alabama will be promptly transmitted via U.S. Mail to the applicant by
the Secretary of State. The notice will articulate the basis for
denial.
9. The Secretary of State
is the custodian of the Commission's records. Requests for information
pertaining to the Commission may be submitted through the Office of the
Secretary of State via several methods:
a.
Mailing address: Office of the Secretary of State, P.O. Box 5616, Montgomery,
Alabama 36103-5616.
b. Telephone:
(334) 242-7200.
Notes
Ala. Admin. Code r. 142-1-1-.01
New Rule: Filed December 5,
2001; effective January 9, 2002.
Amended by
Alabama
Administrative Monthly Volume XXXV, Issue No. 04, January 31,
2017, eff. 2/19/2017.
Amended by
Alabama
Administrative Monthly Volume XXXIX, Issue No. 09, June 30, 2021,
eff. 8/14/2021.
Amended by
Alabama
Administrative Monthly Volume XLII, Issue No. 02, November 30,
2023, eff. 1/14/2024.
Author: Charles E. Grainger, Jr.; Jean Brown;
Brent Beal; High Evans; Taylor Freeman; Shemekwa Farrow; Michael L. Jones, Jr.;
Meridith H. Blackburn
Statutory Authority: Alabama Code §§
8-8-15,
8-26B-3,
8-26B-5,
8-26B-6,
8-26B-9,
8-26B-14;
8-26B-30,
13A-9-13.2;
41-1-60,
41-22-4.