Ohio Revised Code Search
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Section 4771.01 | Athlete agent definitions.
...As used in this chapter: (A) "Agent contract" means any contract or agreement pursuant to which an athlete authorizes or empowers or agrees to authorize or empower at some later date an athlete agent to do any of the following: (1) Negotiate or solicit an agreement on behalf of the athlete with one or more professional sports teams for the employment of the athlete by a professional sports team; (2) Negotiate or ... |
Section 4771.02 | Athlete agent contract with athlete - requirements.
...(A) No athlete agent shall enter into an agent contract with an athlete unless the agent complies with all of the following agent contract requirements: (1) The agent contract is in writing on a form approved by the Ohio athletic commission and includes all agreements between the parties. (2) The agent contract includes in boldface, twelve-point type, on the initial page of the agent contract, the following langua... |
Section 4771.03 | Action on agent contract.
...No athlete agent shall commence or maintain an action in any court in this state on the basis of any agent contract entered into in this state unless the contract complies with section 4771.02 of the Revised Code. |
Section 4771.04 | Status of agent contracts.
...Any agent contract entered into in violation of this chapter shall be void and unenforceable. An agent contract entered into in this state or an agent contract entered into with an athlete who is enrolled in an educational institution or institution of higher education located in this state shall be governed by Ohio law. |
Section 4771.05 | Athletic commission duties.
...The Ohio athletic commission, established under section 3773.33 of the Revised Code, shall do all of the following: (A) Review the application form of an applicant for registration as an athlete agent; (B) Issue and renew biennial certificates of registration for an athlete agent pursuant to this chapter; (C) Maintain records of every athlete agent registered in this state, including the agent's business and resid... |
Section 4771.06 | Certificate of registration required.
...No person shall serve as an athlete agent in this state unless the person holds a current and valid certificate of registration as an athlete agent issued under section 4771.08 of the Revised Code, a temporary certificate issued under section 4771.08 of the Revised Code, or a temporary certificate of convenience issued under section 4771.09 of the Revised Code. |
Section 4771.07 | Applying for registration.
...(A) Each individual who desires to serve as an athlete agent within this state shall first file an application for registration with the Ohio athletic commission. The applicant shall apply using a form prescribed by the commission and shall provide all the following information: (1) The name and residential address of the applicant; (2) The address of the primary location in which the applicant wishes to conduct bu... |
Section 4771.08 | Issuing certificate of registration or temporary certificate.
... (A) Upon receipt of all the materials required for application for registration under section 4771.07 of the Revised Code, the Ohio athletic commission shall evaluate the information provided and issue a certificate of registration to the applicant, unless the commission finds that the applicant or an employee or representative of the applicant has committed any of the acts described in division (A) of section 4771.... |
Section 4771.09 | Issuing certificate of convenience.
...(A) The Ohio athletic commission may issue an eligible person a certificate of convenience to conduct business as an athlete agent when a registered athlete agent is deceased, or declared incompetent or physically infirm by the judgment of a court of competent jurisdiction. The commission may issue a certificate of convenience upon either receiving approval to do so from a probate court or finding that the last will ... |
Section 4771.10 | Continuing education.
...The commission may require each registered athlete agent to complete not more than six hours of continuing education during a biennial registration in programs to be determined or approved by the commission. If the commission imposes continuing education requirements on athlete agents, not less than two of the six hours of continuing education shall be devoted to ethics. A continuing education program shall promote ... |
Section 4771.11 | Proof of security.
...(A) Prior to issuing a certificate of registration, the Ohio athletic commission shall require an athlete agent to submit proof of one of the following securities: (1) A surety bond in the amount of fifteen thousand dollars in favor of the state of Ohio for the benefit of any person who is injured by a violation of this chapter or rules adopted under this chapter; (2) A certificate of deposit in favor of, or a savi... |
Section 4771.12 | Fees of agent.
...(A) Fees charged by an athlete agent for services provided to an athlete may be negotiated between the parties. (B)(1) Except as provided in division (B)(2) of this section, an athlete agent shall establish an interest-bearing trust fund or similar account in a depository approved by the Ohio athletic commission to be used for the deposit of all revenues received on behalf of an athlete. An athlete agent shall depos... |
Section 4771.13 | Investments of athletes.
...No athlete agent shall act on behalf of an athlete as a "dealer" or "investment advisor," as defined in section 1707.01 of the Revised Code, unless the athlete agent complies with Chapter 1707. of the Revised Code. An athlete agent shall disclose to an athlete and the Ohio athletic commission any ownership interest the athlete agent has in an entity referred to by the athlete agent in advising the athlete con... |
Section 4771.14 | Maintaining records.
...(A) An athlete agent shall maintain all of the following records: (1) The name and address of each athlete for whom the athlete agent performs services as an athlete agent in exchange for compensation; (2) The amount of fees or compensation received for the performance of services for each athlete; (3) A copy of the contract entered into between the athlete agent and each athlete; (4) Any other information the O... |
Section 4771.15 | Authorized conduct.
...An athlete agent may engage in the following conduct: (A) Provide or send written materials to an athlete if the athlete agent simultaneously submits an identical copy of the materials to the athletic director or the director's designee, or person of similar position, at the educational institution or institution of higher education in which the athlete is enrolled, or to the institution of higher education to which... |
Section 4771.16 | Advertisements.
...No athlete agent shall publish or cause to be published any false, fraudulent, or misleading notice, advertisement, or information with knowledge that it is false, fraudulent, or misleading. All advertisements of an athlete agent shall contain the name and registered business address of the athlete agent and some indication that the athlete agent is registered with the Ohio athletic commission. As used in this secti... |
Section 4771.17 | Prohibited acts.
...No athlete agent shall do any of the following: (A) Provide false information or make false promises or representations concerning the employment of an athlete; (B) Engage in any conduct that demonstrates bad faith or dishonesty in connection with the performance of services as an athlete agent; (C) Commingle money or property of an athlete with the agent's own money or property; (D) Offer anything of value to a ... |
Section 4771.18 | Disciplinary actions.
... (A) The Ohio athletic commission may, except as provided in division (B) of this section, refuse to grant or renew a registration, or may suspend or revoke a registration of an athlete agent upon proof satisfactory to the commission that the athlete agent or an employee or representative of the athlete agent has done any of the following: (1) Made false or misleading statements of a material nature in an applicati... |
Section 4771.19 | Civil actions.
...A person who is injured by a violation of this chapter may initiate a civil action for legal and equitable relief against an athlete agent in a court having jurisdiction over the matter. The plaintiff also may name the surety, the named holder of any security required of an athlete agent under this chapter, or the carrier of malpractice insurance for an athlete agent as additional parties to the action. This cause of... |
Section 4771.20 | Civil actions - institution of higher education.
...(A) An institution of higher education may bring a civil action against an athlete agent who violates this chapter for compensatory damages, punitive or exemplary damages, and equitable relief as the court finds appropriate. A court may grant equitable relief to a plaintiff under this section to prevent harm that could result from the acts or omissions of an athlete or athlete agent if the court finds a reasonable l... |
Section 4771.21 | Jurisdiction - service of process.
...Any person who conducts business in this state as an athlete agent consents to the jurisdiction of the courts of this state, whether or not the person is registered as an athlete agent with the Ohio athletic commission. If an athlete agent conducts business in this state and thereafter leaves this state with intent to defraud creditors or to avoid service of process in an action brought under this chapter, the athle... |
Section 4771.22 | Athlete agents registration fund.
... The Ohio athletic commission shall deposit all money it receives under this chapter to the credit of the occupational licensing and regulatory fund, created under section 4743.05 of the Revised Code. |
Section 4771.23 | Compliance with law regarding sanctions for human trafficking.
...The Ohio athletic commission shall comply with section 4776.20 of the Revised Code. |
Section 4771.99 | Penalty.
...(A) Whoever violates section 4771.06 or division (J) or (K) of section 4771.17 of the Revised Code is guilty of a misdemeanor of the first degree. (B) An athlete agent who violates division (C) of section 4771.02 of the Revised Code is guilty of a misdemeanor of the first degree. |
Section 4772.01 | Definitions.
... As used in this chapter: (A) "Certified mental health assistant" means an individual who, under physician supervision, provides mental health care by engaging in any of the activities authorized under section 4772.09 of the Revised Code. (B) "Controlled substance" has the same meaning as in section 3719.01 of the Revised Code. (C) "Drug database" means the database established and maintained by the state board... |