[Rev. 11/21/2013 11:27:44
AM--2013]
CHAPTER 398 - INTERCOLLEGIATE ATHLETICS
GENERAL PROVISIONS
NRS 398.005 Definitions.
NRS 398.045 “Institution”
defined.
NRS 398.055 “National
collegiate athletic association” defined.
NRS 398.061 “Proceeding”
defined.
IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION
NRS 398.155 Proceedings:
General requirements.
NRS 398.165 Proceedings:
Record.
NRS 398.175 Proceedings:
Transcription of oral statements.
NRS 398.185 Proceedings:
Evidence.
NRS 398.195 Proceedings:
Person presiding.
NRS 398.205 Proceedings:
Decision and findings.
NRS 398.215 Proceedings:
Judicial review.
NRS 398.225 National
collegiate athletic associations: Compliance with procedural standards; basis
of findings; nature of penalties and sanctions.
NRS 398.235 National
collegiate athletic associations: Prohibited activities.
NRS 398.245 Enforcement
of provisions: Injunctions and other relief.
NRS 398.255 Remedies
cumulative.
UNIFORM ATHLETES’ AGENTS ACT
General Provisions
NRS 398.400 Short
title.
NRS 398.402 Applicability
of provisions to person who sells or offers to sell services as athlete’s
agent.
NRS 398.403 Confidentiality
of information obtained in connection with application or investigation;
exceptions; effect on privilege.
NRS 398.404 Definitions.
NRS 398.408 “Athlete’s
agent” defined.
NRS 398.412 “Athletic
director” defined.
NRS 398.416 “Contract
for endorsement” defined.
NRS 398.420 “Contract
for professional sports services” defined.
NRS 398.424 “Contract
of agency” defined.
NRS 398.428 “Intercollegiate
sport” defined.
NRS 398.432 “Person”
defined.
NRS 398.436 “Record”
defined.
NRS 398.440 “Registration”
defined.
NRS 398.444 “State”
defined.
NRS 398.446 “Student
athlete” defined.
Certificate of Registration to Act as Athlete’s Agent
NRS 398.448 Registration
required to act as athlete’s agent; limited exception; contract of agency void
if in violation of section.
NRS 398.452 Submission
of application for registration to Secretary of State; application is public
record; required contents and disclosures of application.
NRS 398.456 Submission
of application by person who holds registration or licensure in another state.
NRS 398.460 Issuance
of certificate of registration; grounds for denial by Secretary of State.
NRS 398.464 Renewal
of registration; period for which initial certificate and renewal are valid.
NRS 398.468 Grounds
for suspension, revocation or refusal to renew registration; issuance of
temporary certificate of registration authorized.
NRS 398.472 Adoption
of regulations establishing fees; authority of Secretary of State to adopt
other regulations.
Conditions and Requirements Applicable to Athletes’ Agents
NRS 398.476 Secretary
of State appointed agent for service of process for nonresident athlete’s
agent; issuance of subpoenas by Secretary of State.
NRS 398.480 Retention
and inspection of records; duty to file updated information.
Contracts of Agency
NRS 398.482 Required
contents of contract; contract void if does not contain required warning;
athlete’s agent required to give record of contract to student athlete.
NRS 398.484 Athlete’s
agent and student athlete required to give notice of entering into contract.
NRS 398.488 Cancellation
of contract by student athlete.
Liability for Violation of Rules; Prohibited Conduct
NRS 398.490 Liability
of athlete’s agent or student athlete to institution for damages caused by
violation; award of attorney’s fees and costs; accrual of right of action;
joint and several liability; section does not restrict other rights and
remedies.
NRS 398.492 Liability
of person other than athlete’s agent or student athlete to institution for
damages caused by violation; award of attorney’s fees and costs.
NRS 398.496 Prohibition
on certain conduct by athlete’s agent; penalties for violation of Act,
regulations and certain orders.
Investigation and Prosecution
of Violations; Sanctions
NRS 398.600 Investigation
by Secretary of State; prosecution by Attorney General or county district
attorney at request of Secretary of State.
NRS 398.610 Summary
order to cease and desist violation; authorized sanctions; notice and hearing;
limitation on sanctions; recovery of costs.
NRS 398.620 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.
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GENERAL PROVISIONS
NRS 398.005 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 398.045, 398.055 and 398.061 have
the meanings ascribed to them in those sections.
(Added to NRS by 1989, 811; A 1991, 112; 2001, 1304)
NRS 398.045 “Institution” defined. “Institution”
means a public or private institution that offers educational services beyond
the secondary level. The term includes:
1. A postsecondary educational institution
as defined in NRS 394.099.
2. A university as defined in NRS 396.838.
(Added to NRS by 1989, 811)
NRS 398.055 “National collegiate athletic association” defined. “National collegiate athletic association”
means a group of institutions in 40 or more states who are governed by the
rules of the association relating to athletic competition.
(Added to NRS by 1989, 811)
NRS 398.061 “Proceeding” defined. “Proceeding”
means a proceeding by a national collegiate athletic association or an
institution involving an institution located in this state or persons
associated with an institution located in this state that may result in the
imposition of a sanction for a violation of a rule of a national collegiate
athletic association, including any related investigative action.
(Added to NRS by 1991, 110)
IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETIC
ASSOCIATION
NRS 398.155 Proceedings: General requirements.
1. In any proceeding, all parties against
whom a sanction may be imposed must be afforded an opportunity for a hearing
after reasonable notice. The notice must include:
(a) A statement of the time, place and nature of
the proceeding;
(b) A reference to the particular rules governing
the proceeding; and
(c) A short and plain statement of the violations
alleged and the facts underlying the allegations.
2. A party to a proceeding may be
represented by counsel, is entitled to confront and respond to all witnesses
and evidence related to the allegations against the party and may call
witnesses on his or her own behalf.
3. At least 30 days before any proceeding,
all parties to a proceeding shall provide to all other parties all affidavits
or other evidence to be introduced at the proceeding.
4. All written statements introduced as
evidence at a proceeding must be notarized and signed under oath by the person
making the statement.
5. Informal disposition may be made of any
proceeding by stipulation, settlement or default. If an informal disposition is
made, the parties to the proceeding may waive the requirements of findings of
fact and a decision.
(Added to NRS by 1991, 111)
NRS 398.165 Proceedings: Record. A
record must be kept of all proceedings. The record must include:
1. All pleadings, motions and rulings;
2. All evidence received or considered;
3. All matters officially noticed;
4. Questions, offers of proof, objections
and rulings thereon;
5. Findings of fact and exceptions
thereto; and
6. The decision rendered in the
proceeding.
(Added to NRS by 1991, 111)
NRS 398.175 Proceedings: Transcription of oral statements. At the request of any party to a proceeding,
oral statements made at the proceeding must be transcribed.
(Added to NRS by 1991, 111)
NRS 398.185 Proceedings: Evidence.
1. Irrelevant, immaterial or unduly
repetitious evidence must be excluded from a proceeding. Evidence may be admitted
if it is of the type commonly relied upon by reasonable, prudent persons in the
conduct of their affairs.
2. The laws of this state relating to
privilege must be observed in all proceedings.
3. Objections to evidentiary matters may
be made and must be noted in the record of a proceeding.
4. Evidence may be received in written
form if it will result in an expedited proceeding and will not substantially
prejudice a party.
(Added to NRS by 1991, 111; A 1997, 1614)
NRS 398.195 Proceedings: Person presiding. A
person presiding over a proceeding must be impartial and shall not communicate
with a party to the proceeding concerning any issue of fact or law except upon
notice and opportunity to participate by all parties.
(Added to NRS by 1991, 111)
NRS 398.205 Proceedings: Decision and findings. A
decision must be rendered a reasonable time after the conclusion of a
proceeding. The decision and the findings of fact must be based on substantial
evidence in the record, and must be supported by a preponderance of such
evidence.
(Added to NRS by 1991, 111)
NRS 398.215 Proceedings: Judicial review. Parties
aggrieved by the decision in a proceeding are entitled to judicial review in
district court in the same manner that decisions of state agencies are reviewed
pursuant to chapter 233B of NRS.
(Added to NRS by 1991, 112)
NRS 398.225 National collegiate athletic associations: Compliance with
procedural standards; basis of findings; nature of penalties and sanctions.
1. A national collegiate athletic
association shall not impose a sanction on any institution located in this
state, its employees, student athletes, students or boosters, for a violation
of the rules of the association, or impose a sanction on an institution located
in this state or its athletic conference for failure of the institution to
impose sanctions on its employees, student athletes, students or boosters,
unless the association complies with the minimum procedural standards set forth
in NRS 398.155 to 398.255,
inclusive.
2. Any finding of a violation by a
national collegiate athletic association must be based upon and supported by a
preponderance of evidence that:
(a) Is of the type commonly relied upon by
reasonable and prudent persons in the conduct of their affairs; and
(b) Has been submitted and received in a hearing
held and conducted in conformance with the provisions of NRS
398.155 to 398.255, inclusive.
3. Any penalty or sanction imposed by a
national collegiate athletic association must be reasonable in light of the
nature and gravity of the violation and must be consistent with penalties and
sanctions previously imposed by the national collegiate athletic association
upon other member institutions for violations of similar nature and gravity.
(Added to NRS by 1991, 111; A 1997, 1614)
NRS 398.235 National collegiate athletic associations: Prohibited
activities. A national collegiate
athletic association shall not:
1. Prevent an institution located in this
state, its athletic conference or its student athletes, from athletic
competition, free from sanctions, against other institutions, unless the
minimum procedural standards required by NRS 398.155
to 398.255, inclusive, are observed.
2. Threaten with sanctions an institution
that seeks redress under the provisions of NRS 398.155
to 398.255, inclusive.
3. Impair the rights or privileges of
membership of any institution as a consequence of any rights granted under the
provisions of NRS 398.155 to 398.255,
inclusive.
(Added to NRS by 1991, 112)
NRS 398.245 Enforcement of provisions: Injunctions and other relief.
1. A district court may enjoin a national
collegiate athletic association or institution from violating the provisions of
NRS 398.155 to 398.255,
inclusive. In addition to any other relief granted, a party who brings an
action for injunctive relief must be awarded costs and reasonable attorney’s
fees if successful in the action.
2. In addition to costs and reasonable
attorney’s fees, a national collegiate athletic association is liable to the
aggrieved institution for an amount equal to 100 percent of the monetary loss
per year or portion of a year which is suffered during the period that any
monetary loss occurs as a result of a penalty imposed in violation of the
provisions of NRS 398.155 to 398.255,
inclusive. To calculate monetary loss for the purposes of this subsection, “100
percent of the monetary loss per year” shall be deemed to be equal to the gross
amount realized by the affected athletic program during the immediately
preceding calendar year.
(Added to NRS by 1991, 112)
NRS 398.255 Remedies cumulative. The
remedies provided in NRS 398.155 to 398.255, inclusive, are cumulative and in addition to
any other remedies provided by law.
(Added to NRS by 1991, 112)
UNIFORM ATHLETES’ AGENTS ACT
General Provisions
NRS 398.400 Short title. The
provisions of NRS 398.400 to 398.620,
inclusive, may be cited as the Uniform Athletes’ Agents Act.
(Added to NRS by 2001, 1299; A 2003, 2125)
NRS 398.402 Applicability of provisions to person who sells or offers to
sell services as athlete’s agent.
1. The provisions of NRS 398.400 to 398.620,
inclusive, apply to a person who sells or offers to sell his or her services as
an athlete’s agent if:
(a) The offer is made in this state; or
(b) The offer is accepted in this state.
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 2003, 2124)
NRS 398.403 Confidentiality of information obtained in connection with
application or investigation; exceptions; 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 398.600 concerning possible violations of NRS 398.400 to 398.620,
inclusive; and
(b) Information or documents filed with the
Secretary of State in connection with an application for registration filed
pursuant to NRS 398.400 to 398.620,
inclusive, which 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 398.600 to the Attorney General or
appropriate district attorney for the purpose of prosecuting a criminal action
pursuant to NRS 398.400 to 398.620,
inclusive.
3. The Secretary of State may disclose any
information obtained in connection with an investigation conducted pursuant to NRS 398.600 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 NRS 398.400 to 398.620,
inclusive, 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 2003, 2124; A 2007, 2102)
NRS 398.404 Definitions. As
used in NRS 398.400 to 398.620,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 398.408 to 398.446,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 1298; A 2003, 2125)
NRS 398.408 “Athlete’s agent” defined. “Athlete’s
agent” means a natural person who enters into a contract of agency with a
student athlete or, directly or indirectly, recruits or solicits a student
athlete to enter into such a contract. The term includes a natural person who
represents to the public that he or she is an athlete’s agent. The term does
not include a spouse, parent, sibling, grandparent or guardian of the student
athlete or a natural person acting solely on behalf of a professional sports
team or sports organization.
(Added to NRS by 2001, 1298)
NRS 398.412 “Athletic director” defined. “Athletic
director” means a natural person responsible for administering the overall
athletic program of an institution or, if an institution has separately
administered athletic programs for male students and female students, the
athletic program for males or for females, as appropriate.
(Added to NRS by 2001, 1298)
NRS 398.416 “Contract for endorsement” defined. “Contract
for endorsement” means an agreement under which a student athlete is employed
to use, or receives consideration for using, on behalf of the other party any
value that the student athlete may have because of publicity, reputation,
following or fame obtained because of athletic ability or performance.
(Added to NRS by 2001, 1298)
NRS 398.420 “Contract for professional sports services” defined. “Contract for professional sports services”
means an agreement under which a natural person is employed, or agrees to
render services, as a player on a professional sports team, with a professional
sports organization or as a professional athlete.
(Added to NRS by 2001, 1298)
NRS 398.424 “Contract of agency” defined. “Contract
of agency” means an agreement in which a student athlete authorizes a person to
negotiate or solicit on behalf of the student athlete a contract for
endorsement or a contract for professional sports services.
(Added to NRS by 2001, 1299)
NRS 398.428 “Intercollegiate sport” defined. “Intercollegiate
sport” means a sport played at the collegiate level for which the requirements
of eligibility for participation by a student athlete are established by a
national association for the promotion or regulation of collegiate athletics.
(Added to NRS by 2001, 1299)
NRS 398.432 “Person” defined. “Person”
includes a government and a governmental subdivision, agency or
instrumentality.
(Added to NRS by 2001, 1299)
NRS 398.436 “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 2001, 1299)
NRS 398.440 “Registration” defined. “Registration”
means registration as an athlete’s agent pursuant to NRS
398.400 to 398.620, inclusive.
(Added to NRS by 2001, 1299; A 2003, 2125)
NRS 398.444 “State” defined. “State”
includes the District of Columbia, the United States Virgin Islands and any
territory or insular possession subject to the jurisdiction of the United
States.
(Added to NRS by 2001, 1299)
NRS 398.446 “Student athlete” defined. “Student
athlete” means a natural person who engages in, is eligible to engage in or may
be eligible in the future to engage in any intercollegiate sport. For the
purposes of a particular sport, the term does not include a person who is
permanently ineligible to participate in that sport.
(Added to NRS by 1989, 812; A 2001, 1304)
Certificate of Registration to Act as Athlete’s Agent
NRS 398.448 Registration required to act as athlete’s agent; limited
exception; contract of agency void if in violation of section.
1. Except as otherwise provided in
subsection 2, a person shall not act as an athlete’s agent in this state
without holding a certificate of registration under NRS
398.460 or 398.468.
2. Before being issued a certificate of
registration, a person may act as an athlete’s agent in this state for all
purposes except signing a contract of agency if:
(a) A student athlete or another person acting on
behalf of the student athlete initiates communication with the person so
acting; and
(b) Within 7 days after an initial act as an
athlete’s agent, the person so acting submits an application for registration.
3. A contract of agency resulting from
conduct in violation of this section is void, and the athlete’s agent shall
return any consideration received under the contract.
(Added to NRS by 2001, 1299)
NRS 398.452 Submission of application for registration to Secretary of
State; application is public record; required contents and disclosures of
application. An applicant for
registration shall submit an application to the Secretary of State in a form
prescribed by the Secretary of State. The application must be accompanied by
the appropriate fee established by the Secretary of State pursuant to NRS 398.472. An application filed pursuant to this
section is a public record. The application must be in the name of a natural
person and, except as otherwise provided in NRS 398.456,
be signed or otherwise authenticated by the applicant under penalty of perjury
and state or contain:
1. The name of the applicant and the
address of his or her principal place of business;
2. The name of the applicant’s business or
employer, if applicable;
3. Any business or occupation engaged in
by the applicant for the 5 years next preceding the date of submission of the
application;
4. A description of the applicant’s:
(a) Formal training as an athlete’s agent;
(b) Practical experience as an athlete’s agent;
and
(c) Educational background relating to the applicant’s
activities as an athlete’s agent;
5. The names and addresses of three
natural persons not related to the applicant who are willing to serve as
references;
6. The name, sport and last known team for
each person for whom the applicant acted as an athlete’s agent during the 5
years next preceding the date of submission of the application;
7. The names and addresses of all persons
who are:
(a) With respect to the athlete’s agent’s
business if it is not a corporation, the partners, members, officers, managers,
associates or sharers of profits of the business; and
(b) With respect to a corporation employing the
athlete’s agent, the officers, directors and shareholders having an interest of
5 percent or more;
8. Whether the applicant or any person named
pursuant to subsection 7 has been convicted of a crime that, if committed in
this state, would be a crime involving moral turpitude or a felony, and
identify the crime;
9. Whether there has been any
administrative or judicial determination that the applicant or any person named
pursuant to subsection 7 has made a false, misleading, deceptive or fraudulent
representation;
10. Any instance in which the conduct of
the applicant or any person named pursuant to subsection 7 resulted in the
imposition of a sanction, suspension or declaration of ineligibility to
participate in an interscholastic or intercollegiate athletic event on a
student athlete or an institution;
11. Any sanction, suspension or
disciplinary action taken against the applicant or any person named pursuant to
subsection 7 arising out of occupational or professional conduct; and
12. Whether there has been any denial of
an application for, suspension or revocation of, or refusal to renew, the
registration or licensure of the applicant or any person named pursuant to
subsection 7 as an athlete’s agent in any state.
(Added to NRS by 2001, 1299)
NRS 398.456 Submission of application by person who holds registration or
licensure in another state. A
natural person who has submitted an application for, and holds a certificate
of, registration or licensure as an athlete’s agent in another state may submit
a copy of the application and certificate instead of submitting an application
in the form prescribed under NRS 398.452. The copy
of the application and certificate must be accompanied by the appropriate fee
established by the Secretary of State pursuant to NRS
398.472. The Secretary of State shall accept the copy of the application
and certificate from the other state as an application for registration in this
state if the application to the other state:
1. Was submitted to the other state within
6 months next preceding the submission of the application in this state and the
applicant certifies that the information contained in the application is
current;
2. Contains information substantially
similar to or more comprehensive than that required in an application submitted
in this state; and
3. Was signed by the applicant under
penalty of perjury.
(Added to NRS by 2001, 1300)
NRS 398.460 Issuance of certificate of registration; grounds for denial by
Secretary of State.
1. Except as otherwise provided in
subsection 2, the Secretary of State shall issue a certificate of registration
to a natural person who complies with NRS 398.452
or whose application has been accepted under NRS
398.456.
2. The Secretary of State may refuse to
issue a certificate of registration if the Secretary of State determines that
the applicant has engaged in conduct that has a significant adverse effect on
the applicant’s fitness to act as an athlete’s agent. In making this
determination, the Secretary of State may consider whether the applicant has:
(a) Been convicted of a crime that, if committed
in this state, would be a crime involving moral turpitude or a felony relating
to the applicant’s fitness to act as an athlete’s agent;
(b) Made a materially false, misleading,
deceptive or fraudulent representation in his or her application or as an
athlete’s agent;
(c) Engaged in conduct that would disqualify the
applicant from serving in a fiduciary capacity;
(d) Engaged in conduct prohibited by NRS 398.496;
(e) Had registration or licensure as an athlete’s
agent suspended, revoked or denied, or been refused renewal of registration or
licensure as an athlete’s agent, in any state;
(f) Engaged in conduct whose consequence was that
a sanction, suspension or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event was imposed on a student
athlete or an institution; or
(g) Engaged in conduct that significantly
adversely reflects on the applicant’s credibility, honesty or integrity.
3. In making a determination pursuant to
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) Any other relevant conduct of the applicant.
(Added to NRS by 2001, 1301; A 2003, 2698)
NRS 398.464 Renewal of registration; period for which initial certificate
and renewal are valid.
1. An athlete’s agent may apply to renew a
registration by submitting an application for renewal in a form prescribed by
the Secretary of State. The application must be accompanied by the appropriate
fee established by the Secretary of State pursuant to NRS
398.472. An application filed pursuant to this section is a public record.
The application for renewal must be signed by the applicant under penalty of
perjury and must contain current information on all matters required for an
original registration.
2. A natural person who has submitted an
application for renewal of registration or licensure in another state, instead
of submitting an application for renewal in the form prescribed pursuant to
subsection 1, may file a copy of the application and a valid certificate of
registration or licensure from the other state. The copy of the application and
certificate must be accompanied by the appropriate fee established by the
Secretary of State pursuant to NRS 398.472. The
Secretary of State shall accept the copy of the application and certificate
from the other state as an application for renewal in this state if the
application to the other state:
(a) Was submitted in the other state within 6
months next preceding the filing in this state and the applicant certifies that
the information contained in the application is current;
(b) Contains information substantially similar to
or more comprehensive than that required in an application for renewal
submitted in this state; and
(c) Was signed by the applicant under penalty of
perjury.
3. A certificate of registration or a
renewal of registration is valid for 2 years.
(Added to NRS by 2001, 1301)
NRS 398.468 Grounds for suspension, revocation or refusal to renew registration;
issuance of temporary certificate of registration authorized.
1. The Secretary of State may suspend,
revoke or refuse to renew a registration for conduct that would have justified
denial of registration under subsection 2 of NRS
398.460.
2. The Secretary of State may issue a
temporary certificate of registration while an application for registration or
renewal of registration is pending.
(Added to NRS by 2001, 1302)
NRS 398.472 Adoption of regulations establishing fees; authority of
Secretary of State to adopt other regulations.
1. The Secretary of State shall adopt
regulations establishing fees for:
(a) An initial application for registration;
(b) An application for registration based upon a
certificate of registration or licensure issued by another state;
(c) An application for renewal of registration;
and
(d) An application for renewal of registration
based upon an application for renewal of registration or licensure submitted in
another state.
2. The fees established pursuant to
subsection 1 must be sufficient to cover the costs of administration of the
Uniform Athletes’ Agents Act.
3. The Secretary of State may adopt:
(a) Regulations further defining such words and
terms as are necessary for an understanding of the provisions of NRS 398.400 to 398.620,
inclusive, and any regulations adopted pursuant thereto; and
(b) Such other regulations as the Secretary of
State determines necessary to carry out the provisions of NRS 398.400 to 398.620,
inclusive.
(Added to NRS by 2001, 1302; A 2003, 2125)
Conditions and Requirements Applicable to Athletes’ Agents
NRS 398.476 Secretary of State appointed agent for service of process for
nonresident athlete’s agent; issuance of subpoenas by Secretary of State.
1. By acting as an athlete’s agent in this
state, a nonresident natural person appoints the Secretary of State as his or
her agent for service of process in any civil action in this state related to
his or her acting as an athlete’s agent in this state.
2. The Secretary of State may issue
subpoenas for any material that is relevant to the administration of the
Uniform Athletes’ Agents Act.
(Added to NRS by 2001, 1299)
NRS 398.480 Retention and inspection of records; duty to file updated
information.
1. An athlete’s agent shall retain the
following records for 5 years:
(a) The name and address of each natural person
the agent represents;
(b) Any contract of agency into which the agent
enters; and
(c) Any direct cost the agent incurs in
recruiting or soliciting a student athlete to enter into a contract of agency.
2. Records required by this section to be
retained:
(a) Are open to inspection by the Secretary of
State during normal business hours; and
(b) May be maintained in any form of data storage
if they are readily accessible to the Secretary of State.
3. If the information contained in a
document filed with the Secretary of State as part of an application for registration
is or becomes inaccurate or incomplete, the registered person shall file
correcting information within 30 days.
(Added to NRS by 2001, 1302; A 2003, 2125)
Contracts of Agency
NRS 398.482 Required contents of contract; contract void if does not contain
required warning; athlete’s agent required to give record of contract to
student athlete.
1. A contract of agency must be in a
record signed or otherwise authenticated by the parties.
2. The contract must state or contain:
(a) The amount of and method of calculating the
consideration to be paid by the student athlete for services to be provided by
the athlete’s 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;
(b) The name of any person not listed in the
agent’s application for registration or renewal of registration who will be
compensated because the student athlete signed the contract;
(c) A description of any expenses that the
student athlete agrees to reimburse;
(d) A description of the services to be provided
to the student athlete;
(e) The duration of the contract; and
(f) The date of execution.
3. The contract must contain, in close
proximity to the signature of the student athlete, a conspicuous notice in
boldface capital letters:
WARNING TO STUDENT
ATHLETE
IF YOU SIGN THIS CONTRACT:
(1) YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE AS
A STUDENT ATHLETE IN YOUR SPORT;
(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72
HOURS AFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE’S AGENT MUST
NOTIFY THE ATHLETIC DIRECTOR; AND
(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS
AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR
ELIGIBILITY.
4. A contract of agency which does not
contain the required warning is void and unenforceable. The student athlete
need not pay any consideration under it or return any consideration received
from the athlete’s agent to induce the student athlete to enter into it.
5. The athlete’s agent shall give a record
of the signed or otherwise authenticated contract to the student athlete at the
time of execution.
(Added to NRS by 1989, 812; A 2001, 1305)
NRS 398.484 Athlete’s agent and student athlete required to give notice of
entering into contract.
1. Within 72 hours after entering into a
contract of agency or before the next scheduled athletic event in which the
student athlete may participate, whichever occurs first, the athlete’s agent
shall give notice, in a record, of the existence of the contract to the
athletic director of the institution at which the student athlete is enrolled
or the athlete’s agent has reasonable ground to believe the student athlete
intends to enroll.
2. Within 72 hours after entering into a
contract of agency or before the next scheduled athletic event in which the
student athlete may participate, whichever occurs first, the student athlete
shall inform the athletic director of the institution at which the student
athlete is enrolled that the student athlete has entered into the contract.
(Added to NRS by 2001, 1302)
NRS 398.488 Cancellation of contract by student athlete.
1. A student athlete may cancel a contract
of agency by giving notice of the cancellation to the athlete’s agent in a
record within 14 days after the contract is signed.
2. A student athlete may not waive the
right to cancel a contract of agency.
3. If a student athlete cancels a contract
of agency, he or she is not required to pay any consideration under the
contract or to return any consideration received from the athlete’s agent to induce
the student athlete to enter into the contract.
(Added to NRS by 2001, 1302)
Liability for Violation of Rules; Prohibited Conduct
NRS 398.490 Liability of athlete’s agent or student athlete to institution
for damages caused by violation; award of attorney’s fees and costs; accrual of
right of action; joint and several liability; section does not restrict other
rights and remedies.
1. An institution has a right of action
against an athlete’s agent or a former student athlete for damages caused by a
violation of the Uniform Athletes’ Agents Act. In such an action, the court may
award to the prevailing party costs and reasonable attorney’s fees.
2. Damages of an institution pursuant to
subsection 1 include losses and expenses incurred because, as a result of the
conduct of the athlete’s agent or former student athlete, the educational
institution was injured by a violation of the Uniform Athletes’ Agent Act or
was penalized, disqualified or suspended from participation in athletics by a
national association for the promotion and regulation of athletics, by an
athletic conference or by reasonable self-imposed disciplinary action taken to
mitigate sanctions likely to be imposed by such an organization.
3. A right of action pursuant to this
section does not accrue until the institution discovers or by the exercise of
reasonable diligence should have discovered the violation by the athlete’s
agent or former student athlete.
4. Any liability of an athlete’s agent or
former student athlete pursuant to this section is joint and several.
5. This section does not restrict the
rights, remedies or defenses of any person under other law or in equity.
(Added to NRS by 1989, 812; A 2001, 1304)
NRS 398.492 Liability of person other than athlete’s agent or student
athlete to institution for damages caused by violation; award of attorney’s
fees and costs.
1. A person, other than an athlete’s agent
or student athlete, who causes a student athlete or an institution to violate a
rule of the national collegiate athletic association to which the institution
is a member, or aids in any such violation, is liable to the institution for
damages as provided in subsection 2 if:
(a) The person knew or reasonably should have
known that a rule was violated or would be violated; or
(b) The violation of the rule is a contributing
cause of:
(1) Disciplinary action, including loss of
eligibility, taken by the institution against a student athlete; or
(2) Disciplinary action taken by the
national collegiate athletic association against the institution or a student
athlete.
2. Damages that may be awarded against a
person who causes a violation of a rule of a national collegiate athletic
association, or aids in any such violation, include:
(a) Costs incurred by the institution relating to
any investigation or hearing conducted by the national collegiate athletic
association concerning the violation; and
(b) Lost revenues to the institution from:
(1) Lost contracts for televising athletic
events;
(2) A decline in ticket sales;
(3) Being prohibited from participating in
postseason athletic events and tournaments; and
(4) Other discernible opportunities
through which the institution would have realized revenue if the rule had not
been violated.
3. If an institution prevails in an action
brought pursuant to this section, it is entitled to an award of reasonable
attorney’s fees and costs.
(Added to NRS by 2001, 1302)
NRS 398.496 Prohibition on certain conduct by athlete’s agent; penalties for
violation of Act, regulations and certain orders.
1. An athlete’s agent shall not, with the
intent to induce a student athlete to enter into any contract:
(a) Give any materially false or misleading
information or make a materially false promise or representation;
(b) Furnish anything of value to the student
athlete before the student athlete enters into the contract; or
(c) Furnish anything of value to a natural person
other than the student athlete or another registered athlete’s agent.
2. An athlete’s agent shall not
intentionally:
(a) Initiate communication, direct or indirect,
with a student athlete to recruit or solicit the student athlete to enter into
a contract of agency, unless the agent is registered pursuant to NRS 398.400 to 398.620,
inclusive;
(b) Refuse or fail to retain or permit inspection
of records required to be retained pursuant to NRS
398.480;
(c) Fail to register when required pursuant to NRS 398.448;
(d) Include materially false or misleading
information in an application for registration or renewal of registration;
(e) Predate or postdate a contract of agency; or
(f) Fail to notify a student athlete, before the
student athlete signs or otherwise authenticates a contract of agency for a
particular sport, that the signing or authentication will make the student
athlete ineligible to participate as a student athlete in that sport.
3. A person who willfully violates:
(a) A provision of NRS
398.400 to 398.620, inclusive;
(b) A regulation adopted by the Secretary of
State pursuant to NRS 398.400 to 398.620, inclusive; or
(c) 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 NRS 398.400 to 398.620, inclusive,
Ê is guilty of
a gross misdemeanor and shall be punished by imprisonment in the county jail
for not more than 364 days, or by a fine of not more than $25,000, or by both
fine and imprisonment. In addition to any other penalty, the court shall order
the person to pay restitution.
4. A person who violates:
(a) A regulation adopted by the Secretary of
State pursuant to NRS 398.400 to 398.620, inclusive; or
(b) 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 NRS 398.400 to 398.620, inclusive,
Ê without
knowledge of the regulation or order, is guilty of a misdemeanor and shall be
punished by a fine of not more than $25,000.
5. The provisions of NRS 398.400 to 398.620,
inclusive, do not limit the power of the State of Nevada to punish a person for
conduct which constitutes a crime pursuant to any other law.
(Added to NRS by 2001, 1303; A 2003, 2125; 2013, 984)
Investigation and Prosecution of Violations; Sanctions
NRS 398.600 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 NRS
398.400 to 398.620, inclusive;
(2) A regulation adopted by the Secretary
of State pursuant to NRS 398.400 to 398.620, inclusive; 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 NRS
398.400 to 398.620, inclusive.
(b) Conduct such other investigations as the
Secretary of State finds necessary to aid in the enforcement of NRS 398.400 to 398.620,
inclusive, 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)
NRS 398.610 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 398.600, that a person has violated, or is about
to violate, any provision of NRS 398.400 to 398.620, inclusive, or any regulation or order of the
Secretary of State adopted or issued pursuant to NRS
398.400 to 398.620, inclusive, the Secretary of
State, in addition to any specific power granted by NRS
398.400 to 398.620, inclusive, 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 NRS
398.400 to 398.620, inclusive. The summary
order to cease and desist must specify the section of NRS
398.400 to 398.620, inclusive, or the
regulation or order of the Secretary of State adopted or issued pursuant to NRS 398.400 to 398.620,
inclusive, 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 398.600, that a person has violated any provision
of NRS 398.400 to 398.620,
inclusive, or any regulation or order of the Secretary of State adopted or
issued pursuant to NRS 398.400 to 398.620, inclusive, the Secretary of State, in
addition to any specific power granted by NRS 398.400
to 398.620, inclusive, 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’s agent;
(c) Suspend, revoke or refuse to renew the
registration of the person as an athlete’s 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 $25,000.
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’s 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)
NRS 398.620 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 NRS 398.400 to 398.620, inclusive, 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 NRS 398.400 to 398.620,
inclusive, 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)
