Section 43-4A-6. Issuance of certificate of registration; grounds for refusal to issue registration; application for renewal; two-year validity period for certificate

   (a) Except as otherwise provided in subsection (b) of this Code section, the Secretary of State shall issue a certificate of registration to an individual who complies with Code Section 43-4A-5.

(b) The Secretary of State may refuse to issue a certificate of registration if it is determined that the applicant has engaged in conduct that has a significant adverse effect on the applicant's fitness to act as an athlete agent. In making the determination, the Secretary of State may consider whether the applicant has:

   (1) Been convicted of a crime that, if committed in this state, would be a crime involving moral turpitude or a felony;

   (2) Made a material false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;

   (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

   (4) Engaged in conduct prohibited by this chapter;

   (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state;

   (6) Engaged in conduct the consequence of which 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 educational institution; or

   (7) Engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

(c) In making a determination under subsection (b) of this Code section, the Secretary of State shall consider:

   (1) How recently the conduct occurred;

   (2) The nature of the conduct and the context in which it occurred; and

   (3) Any other relevant conduct of the applicant.

(d) The refusal to grant a registration shall not be considered to be a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." Notice and hearing within the meaning of such chapter shall not be required. Notice of refusal to grant a registration shall be sent by registered mail or statutory overnight delivery or personal service setting forth the particular reasons for the refusal. The written notice shall be sent to the applicant's address of record with the Secretary of State, and the applicant shall be allowed to appear before the Secretary of State if the applicant requests to do so in writing.

(e) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Secretary of State. An application filed under this subsection is a public record.

(f) A certificate of registration or a renewal of a registration shall be valid for a period of up to two years.

Code 1981, § 43-4A-7, enacted by Ga. L. 1988, p. 651, § 1; Ga. L. 1989, p. 370, § 4; Ga. L. 2000, p. 1396, § 1; Ga. L. 2000, p. 1589, § 4; Ga. L. 2003, p. 774, § 8; Code 1981, § 43-4A-6, as redesignated by Ga. L. 2010, p. 376, § 2/SB 149.