DLLR's Division of Occupational and Professional Licensing

 

Maryland Uniform Athlete Act - Maryland Licensure of Athlete Agents

 

Maryland Uniform Athlete Agent Act took  effect October 1, 2003; State joins 24 other states in adoption of uniform athlete agent laws.

On October 1, 2003 the Uniform Athlete Agent Act went into effect, replacing the Maryland Athlete Agents Act. Maryland joins 24 other states and the U.S. Virgin Islands in the adoption of uniform laws to govern the relationship between athlete agents and student-athletes at the high school and collegiate levels of sports competition.

The Uniform Athlete Agents Act provides for the uniform registration, certification, and background check of athlete agents seeking to represent student athletes who are or may be eligible to participate in intercollegiate sports, imposes specified contract terms on these agreements to the benefit of student athletes, and provides educational institutions with a right to notice along with a civil cause of action for damages resulting from a breach of specified duties.

The act requires agents to disclose their training, experience, and education, whether they or an associate have been convicted of a felony or crime of moral turpitude, have been administratively or judicially determined to have made false or deceptive representations, have had their agent's license denied, suspended, or revoked in any state, or have been the subject or cause of any sanction, suspension, or declaration of ineligibility.

Agents are required to maintain executed contracts and other specified records for a period of five years, including information about represented individuals and recruitment expenditures, which would be open to inspection by the state.

While the act imposes significant disclosure, registration, and record-keeping requirements on athlete agents, those who are issued a valid certificate of registration or licensure in one state would be able to cross-file that application (or a renewal thereof) in all other states that have adopted the act. This provision of the act simplifies regulatory compliance for agents, while at the same time facilitates the ability of all jurisdictions to obtain verifiable, uniform information on an agent's professional conduct in other states.

Contracts between an athlete agent and a student-athlete must be filed with the athletic director of the high school or college or university of the student-athlete within 72 hours after the contract is signed. Previously agents had five days to file contracts with athletic directors.

Impact for Maryland Licenses

This act changes the way athlete agents apply for licenses in Maryland and increases the length of the license period to two years. It also requires that certain provisions protecting student athletes be included in agent-athlete contracts. Athlete agents will first have to submit an initial application that will be reviewed to determine the athlete agent’s eligibility to hold a license in Maryland. The cost of this application is $25. Once the application is approved, the Department will send a license application. The fee for the license is $1,000. The license period is two years. Under the previous law, the license fee was $1,000 for a one-year license.A key addition to the licensing of athlete agents is the requirement that each agent at contain specific language that advises the student athlete of the consequences of signing a contract with an athlete agent. The language than must be included in an agent contract with a student athlete is as follows:

"WARNING TO STUDENT-ATHLETE IF YOU SIGN THIS CONTRACT:
YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT-ATHLETE IN YOUR SPORT;
IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND
YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY."

 
The Uniform Athlete Agents Act has been adopted by the following states:

Alabama
Arizona
Arkansas
Delaware
District of Columbia
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Maryland
Minnesota
Mississippi
Montana
Nevada
North Carolina
Oklahoma
Pennsylvania
Tennessee
Texas
Utah
North Dakota
U.S. Virgin Islands
Washington
West Virginia
 

The legislatures in the following states are considering adopting the Uniform Athlete Agents Act:

  • Connecticut
  • Maine
  • New Mexico
  • Idaho
  • Missouri
  • New York
  • Illinois
  • New Jersey
  • Wisconsin

Maryland Law