(1) Except as otherwise provided in Subsection (2), the division shall issue a certificate of registration to an applicant for registration who complies with Subsection 58-87-202(1). (2) The division may refuse to issue a certificate of registration to an applicant for registration under Subsection 58-87-202(1) if the division 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 division may consider whether the applicant has: (a) pleaded guilty or no contest to, has been convicted of, or has charges pending for, any crime that would be considered a felony in this state or any other crime that, when considered with the functions and duties of the profession, bears a substantial relationship to the applicant's ability to safely or competently perform as an athlete agent; (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 Section 58-87-401 prohibits; (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 division shall consider: (a) how recently the conduct occurred; (b) the nature of the conduct and the context in which the conduct 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 the division approves. 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 58-87-202(2) may renew the registration by proceeding under Subsection (4) or, if the registration in the other state has been renewed, by submitting to the division copies of the application for renewal in the other state and the renewed registration from the other state. The division shall renew the registration if the division 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 a renewal of a registration is valid for two years.
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