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2005 Nevada Revised Statutes - Chapter 398 — Intercollegiate Athletics

CHAPTER 398 - INTERCOLLEGIATE ATHLETICS

GENERAL PROVISIONS

NRS 398.005 Definitions.

NRS 398.045 Institutiondefined.

NRS 398.055 Nationalcollegiate athletic association defined.

NRS 398.061 Proceedingdefined.

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETICASSOCIATION

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 Nationalcollegiate athletic associations: Compliance with procedural standards; basisof findings; nature of penalties and sanctions.

NRS 398.235 Nationalcollegiate athletic associations: Prohibited activities.

NRS 398.245 Enforcementof provisions: Injunctions and other relief.

NRS 398.255 Remediescumulative.

UNIFORM ATHLETES AGENTS ACT

General Provisions

NRS 398.400 Shorttitle.

NRS 398.402 Applicabilityof provisions to person who sells or offers to sell services as athletesagent.

NRS 398.403 Confidentialityof information obtained in connection with application or investigation;exceptions; effect on privilege.

NRS 398.404 Definitions.

NRS 398.408 Athletesagent defined.

NRS 398.412 Athleticdirector defined.

NRS 398.416 Contractfor endorsement defined.

NRS 398.420 Contractfor professional sports services defined.

NRS 398.424 Contractof agency defined.

NRS 398.428 Intercollegiatesport defined.

NRS 398.432 Persondefined.

NRS 398.436 Recorddefined.

NRS 398.440 Registrationdefined.

NRS 398.444 Statedefined.

NRS 398.446 Studentathlete defined.

Certificate of Registration to Act as Athletes Agent

NRS 398.448 Registrationrequired to act as athletes agent; limited exception; contract of agency voidif in violation of section.

NRS 398.452 Submissionof application for registration to Secretary of State; application is publicrecord; required contents and disclosures of application.

NRS 398.456 Submissionof application by person who holds registration or licensure in another state.

NRS 398.460 Issuanceof certificate of registration; grounds for denial by Secretary of State.

NRS 398.464 Renewalof registration; period for which initial certificate and renewal are valid.

NRS 398.468 Groundsfor suspension, revocation or refusal to renew registration; issuance oftemporary certificate of registration authorized.

NRS 398.472 Adoptionof regulations establishing fees; authority of Secretary of State to adoptother regulations.

Conditions and Requirements Applicable to Athletes Agents

NRS 398.476 Secretaryof State appointed agent for service of process for nonresident athletesagent; issuance of subpoenas by Secretary of State.

NRS 398.480 Retentionand inspection of records; duty to file updated information.

Contracts of Agency

NRS 398.482 Requiredcontents of contract; contract void if does not contain required warning;athletes agent required to give record of contract to student athlete.

NRS 398.484 Athletesagent and student athlete required to give notice of entering into contract.

NRS 398.488 Cancellationof contract by student athlete.

Liability for Violation of Rules; Prohibited Conduct

NRS 398.490 Liabilityof athletes agent or student athlete to institution for damages caused byviolation; award of attorneys fees and costs; accrual of right of action;joint and several liability; section does not restrict other rights andremedies.

NRS 398.492 Liabilityof person other than athletes agent or student athlete to institution fordamages caused by violation; award of attorneys fees and costs.

NRS 398.496 Prohibitionon certain conduct by athletes agent; penalties for violation of Act,regulations and certain orders.

Investigation and Prosecution of Violations; Sanctions

NRS 398.600 Investigationby Secretary of State; prosecution by Attorney General or county districtattorney at request of Secretary of State.

NRS 398.610 Summaryorder to cease and desist violation; authorized sanctions; notice and hearing;limitation on sanctions; recovery of costs.

NRS 398.620 Powersof Secretary of State and certain other officers and employees in carrying outinvestigations and proceedings; issuance of subpoenas; enforcement of subpoenaby court.

_________

GENERAL PROVISIONS

NRS 398.005 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS398.045, 398.055 and 398.061 have the meanings ascribed to themin those sections.

(Added to NRS by 1989, 811; A 1991, 112; 2001, 1304)

NRS 398.045 Institutiondefined. Institution means a public orprivate institution that offers educational services beyond the secondarylevel. The term includes:

1. A postsecondary educational institution as definedin NRS 394.099.

2. A university as defined in NRS 396.838.

(Added to NRS by 1989, 811)

NRS 398.055 Nationalcollegiate athletic association defined. Nationalcollegiate athletic association means a group of institutions in 40 or morestates who are governed by the rules of the association relating to athleticcompetition.

(Added to NRS by 1989, 811)

NRS 398.061 Proceedingdefined. Proceeding means a proceeding by anational collegiate athletic association or an institution involving aninstitution located in this state or persons associated with an institutionlocated in this state that may result in the imposition of a sanction for aviolation of a rule of a national collegiate athletic association, includingany related investigative action.

(Added to NRS by 1991, 110)

IMPOSITION OF SANCTIONS BY NATIONAL COLLEGIATE ATHLETICASSOCIATION

NRS 398.155 Proceedings:General requirements.

1. In any proceeding, all parties against whom asanction may be imposed must be afforded an opportunity for a hearing afterreasonable notice. The notice must include:

(a) A statement of the time, place and nature of theproceeding;

(b) A reference to the particular rules governing theproceeding; and

2. A party to a proceeding may be represented bycounsel, is entitled to confront and respond to all witnesses and evidencerelated to the allegations against him and may call witnesses on his ownbehalf.

3. At least 30 days before any proceeding, all partiesto a proceeding shall provide to all other parties all affidavits or otherevidence to be introduced at the proceeding.

4. All written statements introduced as evidence at aproceeding must be notarized and signed under oath by the person making thestatement.

5. Informal disposition may be made of any proceedingby stipulation, settlement or default. If an informal disposition is made, theparties to the proceeding may waive the requirements of findings of fact and adecision.

(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 rulingsthereon;

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 requestof any party to a proceeding, oral statements made at the proceeding must betranscribed.

(Added to NRS by 1991, 111)

NRS 398.185 Proceedings:Evidence.

1. Irrelevant, immaterial or unduly repetitiousevidence must be excluded from a proceeding. Evidence may be admitted if it isof the type commonly relied upon by reasonable, prudent persons in the conductof their affairs.

2. The laws of this state relating to privilege mustbe observed in all proceedings.

3. Objections to evidentiary matters may be made andmust be noted in the record of a proceeding.

4. Evidence may be received in written form if it willresult 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 aproceeding must be impartial and shall not communicate with a party to theproceeding concerning any issue of fact or law except upon notice andopportunity to participate by all parties.

(Added to NRS by 1991, 111)

NRS 398.205 Proceedings:Decision and findings. A decision must be rendereda reasonable time after the conclusion of a proceeding. The decision and thefindings of fact must be based on substantial evidence in the record, and mustbe supported by a preponderance of such evidence.

(Added to NRS by 1991, 111)

NRS 398.215 Proceedings:Judicial review. Parties aggrieved by the decisionin a proceeding are entitled to judicial review in district court in the samemanner that decisions of state agencies are reviewed pursuant to chapter 233B of NRS.

(Added to NRS by 1991, 112)

NRS 398.225 Nationalcollegiate athletic associations: Compliance with procedural standards; basisof findings; nature of penalties and sanctions.

1. A national collegiate athletic association shallnot impose a sanction on any institution located in this state, its employees,student athletes, students or boosters, for a violation of the rules of theassociation, or impose a sanction on an institution located in this state or itsathletic conference for failure of the institution to impose sanctions on itsemployees, student athletes, students or boosters, unless the associationcomplies with the minimum procedural standards set forth in NRS 398.155 to 398.255, inclusive.

2. Any finding of a violation by a national collegiateathletic association must be based upon and supported by a preponderance ofevidence that:

(a) Is of the type commonly relied upon by reasonableand prudent persons in the conduct of their affairs; and

(b) Has been submitted and received in a hearing heldand conducted in conformance with the provisions of NRS 398.155 to 398.255, inclusive.

3. Any penalty or sanction imposed by a nationalcollegiate athletic association must be reasonable in light of the nature andgravity of the violation and must be consistent with penalties and sanctionspreviously imposed by the national collegiate athletic association upon othermember institutions for violations of similar nature and gravity.

(Added to NRS by 1991, 111; A 1997, 1614)

NRS 398.235 Nationalcollegiate athletic associations: Prohibited activities. A national collegiate athletic association shall not:

1. Prevent an institution located in this state, itsathletic conference or its student athletes, from athletic competition, freefrom sanctions, against other institutions, unless the minimum proceduralstandards required by NRS 398.155 to 398.255, inclusive, are observed.

2. Threaten with sanctions an institution that seeksredress under the provisions of NRS 398.155to 398.255, inclusive.

3. Impair the rights or privileges of membership ofany 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 Enforcementof provisions: Injunctions and other relief.

1. A district court may enjoin a national collegiateathletic association or institution from violating the provisions of NRS 398.155 to 398.255, inclusive. In addition to anyother relief granted, a party who brings an action for injunctive relief mustbe awarded costs and reasonable attorneys fees if successful in the action.

2. In addition to costs and reasonable attorneysfees, a national collegiate athletic association is liable to the aggrievedinstitution for an amount equal to 100 percent of the monetary loss per year orportion of a year which is suffered during the period that any monetary lossoccurs as a result of a penalty imposed in violation of the provisions of NRS 398.155 to 398.255, inclusive. To calculate monetaryloss for the purposes of this subsection, 100 percent of the monetary loss peryear shall be deemed to be equal to the gross amount realized by the affectedathletic program during the immediately preceding calendar year.

(Added to NRS by 1991, 112)

NRS 398.255 Remediescumulative. The remedies provided in NRS 398.155 to 398.255, inclusive, are cumulative and inaddition to any other remedies provided by law.

(Added to NRS by 1991, 112)

UNIFORM ATHLETES AGENTS ACT

General Provisions

NRS 398.400 Shorttitle. The provisions of NRS 398.400 to 398.620, inclusive, may be cited as theUniform Athletes Agents Act.

(Added to NRS by 2001, 1299; A 2003, 2125)

NRS 398.402 Applicabilityof provisions to person who sells or offers to sell services as athletesagent.

1. The provisions of NRS398.400 to 398.620, inclusive, applyto a person who sells or offers to sell his services as an athletes 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 madein this state, whether or not either party is present in this state, if theoffer:

(a) Originates in this state; or

(b) Is directed by the offeror to a destination in thisstate and received where it is directed, or at a post office in this state ifthe offer is mailed.

3. For the purpose of this section, an offer isaccepted in this state if the acceptance:

(a) Is communicated to the offeror in this state; and

(b) Has not previously been communicated to theofferor, orally or in writing, outside this state.

Acceptanceis communicated to the offeror in this state, whether or not either party ispresent in this state, if the offeree directs it to the offeror in this statereasonably believing the offeror to be in this state and it is received whereit is directed, or at any post office in this state if the acceptance ismailed.

(Added to NRS by 2003, 2124)

NRS 398.403 Confidentialityof information obtained in connection with application or investigation;exceptions; effect on privilege.

1. Except as otherwise provided in subsections 2 and3, the following information and documents do not constitute public informationand are confidential:

(a) Information or documents obtained by the Secretaryof State in connection with an investigation conducted pursuant to NRS 398.600 concerning possible violationsof NRS 398.400 to 398.620, inclusive; and

(b) Information or documents filed with the Secretaryof State in connection with an application for registration filed pursuant to NRS 398.400 to 398.620, inclusive, which constitutecommercial or financial information, or business practices, of a person forwhich that person is entitled to and has asserted a claim of privilege orconfidentiality authorized by law.

2. The Secretary of State may submit any informationor evidence obtained in connection with an investigation conducted pursuant to NRS 398.600 to the Attorney General orappropriate district attorney for the purpose of prosecuting a criminal actionpursuant to NRS 398.400 to 398.620, inclusive.

3. The Secretary of State may disclose any informationobtained in connection with an investigation conducted pursuant to NRS 398.600 to any other governmentalagency if the disclosure is provided for the purpose of a civil, administrativeor criminal investigation or proceeding and the receiving agency represents inwriting that, under applicable law, protections exist to preserve theintegrity, confidentiality and security of the information.

4. The provisions of NRS398.400 to 398.620, inclusive, donot create any privilege and do not diminish any privilege existing pursuant tocommon law, a specific statute or regulation, or otherwise.

(Added to NRS by 2003, 2124)

NRS 398.404 Definitions. As used in NRS 398.400to 398.620, inclusive, unless thecontext otherwise requires, the words and terms defined in NRS 398.408 to 398.446, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 2001, 1298; A 2003, 2125)

NRS 398.408 Athletesagent defined. Athletes agent means anatural person who enters into a contract of agency with a student athlete or,directly or indirectly, recruits or solicits a student athlete to enter intosuch a contract. The term includes a natural person who represents to thepublic that he is an athletes agent. The term does not include a spouse,parent, sibling, grandparent or guardian of the student athlete or a naturalperson acting solely on behalf of a professional sports team or sportsorganization.

(Added to NRS by 2001, 1298)

NRS 398.412 Athleticdirector defined. Athletic director means anatural person responsible for administering the overall athletic program of aninstitution or, if an institution has separately administered athletic programsfor male students and female students, the athletic program for males or forfemales, as appropriate.

(Added to NRS by 2001, 1298)

NRS 398.416 Contractfor endorsement defined. Contract for endorsementmeans an agreement under which a student athlete is employed to use, orreceives consideration for using, on behalf of the other party any value thatthe student athlete may have because of publicity, reputation, following orfame obtained because of athletic ability or performance.

(Added to NRS by 2001, 1298)

NRS 398.420 Contractfor professional sports services defined. Contractfor professional sports services means an agreement under which a naturalperson is employed, or agrees to render services, as a player on a professionalsports team, with a professional sports organization or as a professionalathlete.

(Added to NRS by 2001, 1298)

NRS 398.424 Contractof agency defined. Contract of agency meansan agreement in which a student athlete authorizes a person to negotiate orsolicit on his behalf a contract for endorsement or a contract for professionalsports services.

(Added to NRS by 2001, 1299)

NRS 398.428 Intercollegiatesport defined. Intercollegiate sport meansa sport played at the collegiate level for which the requirements ofeligibility for participation by a student athlete are established by anational association for the promotion or regulation of collegiate athletics.

(Added to NRS by 2001, 1299)

NRS 398.432 Persondefined. Person includes a government and agovernmental subdivision, agency or instrumentality.

(Added to NRS by 2001, 1299)

NRS 398.436 Recorddefined. Record means information that is inscribedon a tangible medium or that is stored in an electronic or other medium and isretrievable in perceivable form.

(Added to NRS by 2001, 1299)

NRS 398.440 Registrationdefined. Registration means registration asan athletes agent pursuant to NRS 398.400to 398.620, inclusive.

(Added to NRS by 2001, 1299; A 2003, 2125)

NRS 398.444 Statedefined. State includes the District ofColumbia, the United States Virgin Islands and any territory or insularpossession subject to the jurisdiction of the United States.

(Added to NRS by 2001, 1299)

NRS 398.446 Studentathlete defined. Student athlete means anatural person who engages in, is eligible to engage in or may be eligible inthe future to engage in any intercollegiate sport. For the purposes of aparticular sport, the term does not include a person who is permanentlyineligible to participate in that sport.

(Added to NRS by 1989, 812; A 2001, 1304)(Substitutedin revision for NRS 398.075)

Certificate of Registration to Act as Athletes Agent

NRS 398.448 Registrationrequired to act as athletes agent; limited exception; contract of agency voidif in violation of section.

1. Except as otherwise provided in subsection 2, aperson shall not act as an athletes agent in this state without holding acertificate of registration under NRS398.460 or 398.468.

2. Before being issued a certificate of registration,a person may act as an athletes agent in this state for all purposes exceptsigning a contract of agency if:

(a) A student athlete or another person acting on hisbehalf initiates communication with the person so acting; and

(b) Within 7 days after an initial act as an athletesagent, the person so acting submits an application for registration.

3. A contract of agency resulting from conduct inviolation of this section is void, and the athletes agent shall return anyconsideration received under the contract.

(Added to NRS by 2001, 1299)

NRS 398.452 Submissionof application for registration to Secretary of State; application is publicrecord; required contents and disclosures of application. An applicant for registration shall submit an applicationto the Secretary of State in a form prescribed by him. The application must beaccompanied by the appropriate fee established by the secretary of statepursuant to NRS 398.472. An applicationfiled pursuant to this section is a public record. The application must be inthe name of a natural person and, except as otherwise provided in NRS 398.456, be signed or otherwiseauthenticated by the applicant under penalty of perjury and state or contain:

1. The name of the applicant and the address of hisprincipal place of business;

2. The name of the applicants business or employer,if applicable;

3. Any business or occupation engaged in by theapplicant for the 5 years next preceding the date of submission of theapplication;

4. A description of the applicants:

(a) Formal training as an athletes agent;

(b) Practical experience as an athletes agent; and

5. The names and addresses of three natural personsnot related to the applicant who are willing to serve as references;

6. The name, sport and last known team for each personfor whom the applicant acted as an athletes agent during the 5 years nextpreceding the date of submission of the application;

7. The names and addresses of all persons who are:

(a) With respect to the athletes agents business ifit is not a corporation, the partners, members, officers, managers, associatesor sharers of profits of the business; and

(b) With respect to a corporation employing theathletes agent, the officers, directors and shareholders having an interest of5 percent or more;

8. Whether the applicant or any person named pursuantto 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 orjudicial determination that the applicant or any person named pursuant tosubsection 7 has made a false, misleading, deceptive or fraudulentrepresentation;

10. Any instance in which the conduct of the applicantor any person named pursuant to subsection 7 resulted in the imposition of asanction, suspension or declaration of ineligibility to participate in aninterscholastic or intercollegiate athletic event on a student athlete or aninstitution;

11. Any sanction, suspension or disciplinary actiontaken against the applicant or any person named pursuant to subsection 7arising out of occupational or professional conduct; and

12. Whether there has been any denial of anapplication for, suspension or revocation of, or refusal to renew, theregistration or licensure of the applicant or any person named pursuant tosubsection 7 as an athletes agent in any state.

(Added to NRS by 2001, 1299)

NRS 398.456 Submissionof application by person who holds registration or licensure in another state. A natural person who has submitted an application for, andholds a certificate of, registration or licensure as an athletes agent inanother state may submit a copy of the application and certificate instead ofsubmitting an application in the form prescribed under NRS 398.452. The copy of the applicationand certificate must be accompanied by the appropriate fee established by theSecretary of State pursuant to NRS 398.472.The Secretary of State shall accept the copy of the application and certificatefrom the other state as an application for registration in this state if theapplication to the other state:

1. Was submitted to the other state within 6 monthsnext preceding the submission of the application in this state and theapplicant certifies that the information contained in the application iscurrent;

2. Contains information substantially similar to ormore comprehensive than that required in an application submitted in thisstate; and

3. Was signed by the applicant under penalty ofperjury.

(Added to NRS by 2001, 1300)

NRS 398.460 Issuanceof certificate of registration; grounds for denial by Secretary of State.

1. Except as otherwise provided in subsection 2, theSecretary of State shall issue a certificate of registration to a naturalperson who complies with NRS 398.452 orwhose application has been accepted under NRS398.456.

2. The Secretary of State may refuse to issue acertificate of registration if he determines that the applicant has engaged inconduct that has a significant adverse effect on his fitness to act as anathletes agent. In making this determination, the Secretary of State mayconsider whether the applicant has:

(a) Been convicted of a crime that, if committed inthis state, would be a crime involving moral turpitude or a felony relating tohis fitness to act as an athletes agent;

(b) Made a materially false, misleading, deceptive orfraudulent representation in his application or as an athletes agent;

(d) Engaged in conduct prohibited by NRS 398.496;

(e) Had registration or licensure as an athletes agentsuspended, revoked or denied, or been refused renewal of registration orlicensure as an athletes agent, in any state;

(f) Engaged in conduct whose consequence was that asanction, suspension or declaration of ineligibility to participate in aninterscholastic or intercollegiate athletic event was imposed on a studentathlete or an institution; or

(g) Engaged in conduct that significantly adverselyreflects on his 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 whichit occurred; and

(Added to NRS by 2001, 1301; A 2003, 2698)

NRS 398.464 Renewalof registration; period for which initial certificate and renewal are valid.

1. An athletes agent may apply to renew aregistration by submitting an application for renewal in a form prescribed bythe Secretary of State. The application must be accompanied by the appropriatefee established by the Secretary of State pursuant to NRS 398.472. An application filed pursuantto this section is a public record. The application for renewal must be signedby the applicant under penalty of perjury and must contain current informationon all matters required for an original registration.

2. A natural person who has submitted an applicationfor renewal of registration or licensure in another state, instead ofsubmitting an application for renewal in the form prescribed pursuant tosubsection 1, may file a copy of the application and a valid certificate ofregistration or licensure from the other state. The copy of the application andcertificate must be accompanied by the appropriate fee established by theSecretary of State pursuant to NRS 398.472.The Secretary of State shall accept the copy of the application and certificatefrom the other state as an application for renewal in this state if theapplication to the other state:

(a) Was submitted in the other state within 6 monthsnext preceding the filing in this state and the applicant certifies that theinformation contained in the application is current;

(b) Contains information substantially similar to ormore comprehensive than that required in an application for renewal submittedin this state; and

3. A certificate of registration or a renewal ofregistration is valid for 2 years.

(Added to NRS by 2001, 1301)

NRS 398.468 Groundsfor suspension, revocation or refusal to renew registration; issuance oftemporary certificate of registration authorized.

1. The Secretary of State may suspend, revoke orrefuse to renew a registration for conduct that would have justified denial ofregistration under subsection 2 of NRS398.460.

2. The Secretary of State may issue a temporarycertificate of registration while an application for registration or renewal ofregistration is pending.

(Added to NRS by 2001, 1302)

NRS 398.472 Adoptionof regulations establishing fees; authority of Secretary of State to adoptother regulations.

1. The Secretary of State shall adopt regulationsestablishing fees for:

(a) An initial application for registration;

(b) An application for registration based upon a certificateof registration or licensure issued by another state;

(d) An application for renewal of registration basedupon an application for renewal of registration or licensure submitted inanother state.

2. The fees established pursuant to subsection 1 mustbe sufficient to cover the costs of administration of the Uniform AthletesAgents Act.

3. The Secretary of State may adopt:

(a) Regulations further defining such words and termsas are necessary for an understanding of the provisions of NRS 398.400 to 398.620, inclusive, and any regulationsadopted pursuant thereto; and

(b) Such other regulations as he determines necessaryto carry out the provisions of NRS 398.400to 398.620, inclusive.

(Added to NRS by 2001, 1302; A 2003, 2125)

Conditions and Requirements Applicable to Athletes Agents

NRS 398.476 Secretaryof State appointed agent for service of process for nonresident athletesagent; issuance of subpoenas by Secretary of State.

1. By acting as an athletes agent in this state, anonresident natural person appoints the Secretary of State as his agent forservice of process in any civil action in this state related to his acting asan athletes agent in this state.

2. The Secretary of State may issue subpoenas for anymaterial that is relevant to the administration of the Uniform Athletes AgentsAct.

(Added to NRS by 2001, 1299)

NRS 398.480 Retentionand inspection of records; duty to file updated information.

1. An athletes agent shall retain the followingrecords for 5 years:

(a) The name and address of each natural person herepresents;

(b) Any contract of agency into which he enters; and

2. Records required by this section to be retained:

(a) Are open to inspection by the Secretary of Stateduring normal business hours; and

(b) May be maintained in any form of data storage ifthey are readily accessible to the Secretary of State.

3. If the information contained in a document filedwith the Secretary of State as part of an application for registration is orbecomes inaccurate or incomplete, the registered person shall file correctinginformation within 30 days.

(Added to NRS by 2001, 1302; A 2003, 2125)

Contracts of Agency

NRS 398.482 Requiredcontents of contract; contract void if does not contain required warning;athletes agent required to give record of contract to student athlete.

1. A contract of agency must be in a record signed orotherwise authenticated by the parties.

2. The contract must state or contain:

(a) The amount of and method of calculating theconsideration to be paid by the student athlete for services to be provided bythe athletes agent under the contract and any other consideration the agenthas received or will receive from any other source for entering into thecontract or providing the services;

(b) The name of any person not listed in the agentsapplication for registration or renewal of registration who will be compensatedbecause the student athlete signed the contract;

(d) A description of the services to be provided to thestudent athlete;

(e) The duration of the contract; and

(f) The date of execution.

3. The contract must contain, in close proximity tothe signature of the student athlete, a conspicuous notice in boldface capitalletters:

WARNING TO STUDENTATHLETE

IF YOU SIGN THIS CONTRACT:

(1) YOU WILL LOSE YOUR ELIGIBILITY TO COMPETE AS ASTUDENT ATHLETE IN YOUR SPORT;

(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURSAFTER ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETES AGENT MUSTNOTIFY HIM; AND

(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTERSIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.

4. A contract of agency which does not contain therequired warning is void and unenforceable. The student athlete need not payany consideration under it or return any consideration received from theathletes agent to induce him to enter into it.

5. The athletes agent shall give a record of thesigned or otherwise authenticated contract to the student athlete at the timeof execution.

(Added to NRS by 1989, 812; A 2001, 1305)(Substitutedin revision for NRS 398.095)

NRS 398.484 Athletesagent and student athlete required to give notice of entering into contract.

1. Within 72 hours after entering into a contract ofagency or before the next scheduled athletic event in which the student athletemay participate, whichever occurs first, the athletes agent shall give notice,in a record, of the existence of the contract to the athletic director of theinstitution at which the student athlete is enrolled or the athletes agent hasreasonable ground to believe the student athlete intends to enroll.

2. Within 72 hours after entering into a contract ofagency or before the next scheduled athletic event in which the student athletemay participate, whichever occurs first, the student athlete shall inform theathletic director of the institution at which he is enrolled that he hasentered into the contract.

(Added to NRS by 2001, 1302)

NRS 398.488 Cancellationof contract by student athlete.

1. A student athlete may cancel a contract of agencyby giving notice of the cancellation to the athletes agent in a record within14 days after the contract is signed.

2. A student athlete may not waive the right to cancela contract of agency.

3. If a student athlete cancels a contract of agency,he is not required to pay any consideration under the contract or to return anyconsideration received from the athletes agent to induce him to enter into thecontract.

(Added to NRS by 2001, 1302)

Liability for Violation of Rules; Prohibited Conduct

1. An institution has a right of action against anathletes agent or a former student athlete for damages caused by a violationof the Uniform Athletes Agents Act. In such an action, the court may award tothe prevailing party costs and reasonable attorneys fees.

2. Damages of an institution pursuant to subsection 1include losses and expenses incurred because, as a result of the conduct of theathletes agent or former student athlete, the educational institution wasinjured by a violation of the Uniform Athletes Agent Act or was penalized,disqualified or suspended from participation in athletics by a nationalassociation for the promotion and regulation of athletics, by an athleticconference or by reasonable self-imposed disciplinary action taken to mitigatesanctions likely to be imposed by such an organization.

3. A right of action pursuant to this section does notaccrue until the institution discovers or by the exercise of reasonablediligence should have discovered the violation by the athletes agent or formerstudent athlete.

4. Any liability of an athletes agent or formerstudent athlete pursuant to this section is joint and several.

5. This section does not restrict the rights, remediesor defenses of any person under other law or in equity.

(Added to NRS by 1989, 812; A 2001, 1304)(Substitutedin revision for NRS 398.085)

NRS 398.492 Liabilityof person other than athletes agent or student athlete to institution fordamages caused by violation; award of attorneys fees and costs.

1. A person, other than an athletes agent or studentathlete, who causes a student athlete or an institution to violate a rule ofthe national collegiate athletic association to which the institution is amember, or aids in any such violation, is liable to the institution for damagesas provided in subsection 2 if:

(a) The person knew or reasonably should have knownthat a rule was violated or would be violated; or

(b) The violation of the rule is a contributing causeof:

(1) Disciplinary action, including loss ofeligibility, taken by the institution against a student athlete; or

(2) Disciplinary action taken by the nationalcollegiate athletic association against the institution or a student athlete.

2. Damages that may be awarded against a person whocauses a violation of a rule of a national collegiate athletic association, oraids in any such violation, include:

(a) Costs incurred by the institution relating to anyinvestigation or hearing conducted by the national collegiate athleticassociation concerning the violation; and

(b) Lost revenues to the institution from:

(1) Lost contracts for televising athleticevents;

(2) A decline in ticket sales;

(3) Being prohibited from participating inpostseason athletic events and tournaments; and

(4) Other discernible opportunities throughwhich the institution would have realized revenue if the rule had not beenviolated.

3. If an institution prevails in an action broughtpursuant to this section, it is entitled to an award of reasonable attorneysfees and costs.

(Added to NRS by 2001, 1302)

NRS 398.496 Prohibitionon certain conduct by athletes agent; penalties for violation of Act,regulations and certain orders.

1. An athletes agent shall not, with the intent toinduce a student athlete to enter into any contract:

(a) Give any materially false or misleading informationor make a materially false promise or representation;

(b) Furnish anything of value to the student athletebefore the student athlete enters into the contract; or

2. An athletes agent shall not intentionally:

(a) Initiate communication, direct or indirect, with astudent athlete to recruit or solicit him to enter into a contract of agency,unless the agent is registered pursuant to NRS398.400 to 398.620, inclusive;

(b) Refuse or fail to retain or permit inspection ofrecords required to be retained pursuant to NRS398.480;

(d) Include materially false or misleading informationin 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 he signsor otherwise authenticates a contract of agency for a particular sport, thatthe signing or authentication will make him ineligible to participate as astudent athlete in that sport.

3. A person who willfully violates:

(a) A provision of NRS398.400 to 398.620, inclusive;

(b) A regulation adopted by the Secretary of Statepursuant to NRS 398.400 to 398.620, inclusive; or

(c) An order denying, suspending or revoking theeffectiveness of a registration, or an order to cease and desist, issued by theSecretary of State pursuant to NRS 398.400to 398.620, inclusive,

is guilty ofa gross misdemeanor and shall be punished by imprisonment in the county jailfor not more than 1 year, or by a fine of not more than $25,000, or by bothfine and imprisonment. In addition to any other penalty, the court shall orderthe person to pay restitution.

4. A person who violates:

(a) A regulation adopted by the Secretary of Statepursuant to NRS 398.400 to 398.620, inclusive; or

(b) An order denying, suspending or revoking theeffectiveness of a registration, or an order to cease and desist, issued by theSecretary of State pursuant to NRS 398.400to 398.620, inclusive,

withoutknowledge of the regulation or order, is guilty of a misdemeanor and shall bepunished by a fine of not more than $25,000.

5. The provisions of NRS398.400 to 398.620, inclusive, donot limit the power of the State of Nevada to punish a person for conduct whichconstitutes a crime pursuant to any other law.

(Added to NRS by 2001, 1303; A 2003, 2125)

Investigation and Prosecution of Violations; Sanctions

NRS 398.600 Investigationby Secretary of State; prosecution by Attorney General or county districtattorney at request of Secretary of State.

1. The Secretary of State may, within or outside thisstate:

(a) Investigate any violation of:

(1) A provision of NRS 398.400 to 398.620, inclusive;

(2) A regulation adopted by the Secretary ofState pursuant to NRS 398.400 to 398.620, inclusive; or

(3) An order denying, suspending or revoking theeffectiveness of a registration, or an order to cease and desist, issued by theSecretary of State pursuant to NRS 398.400to 398.620, inclusive.

(b) Conduct such other investigations as he findsnecessary to aid in the enforcement of NRS398.400 to 398.620, inclusive, andany regulation or order adopted or issued by the Secretary of State pursuantthereto.

2. If the Secretary of State determines that aviolation specified in paragraph (a) of subsection 1 has occurred, the AttorneyGeneral may prosecute the violation at the request of the Secretary of State.

3. If the Attorney General declines to prosecute sucha violation, the district attorney of the appropriate county may prosecute theviolation at the request of the Secretary of State.

(Added to NRS by 2003, 2121)

NRS 398.610 Summaryorder 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, oris about to violate, any provision of NRS398.400 to 398.620, inclusive, orany regulation or order of the Secretary of State adopted or issued pursuant toNRS 398.400 to 398.620, inclusive, the Secretary of State,in addition to any specific power granted by NRS398.400 to 398.620, inclusive, may,without a prior hearing, issue a summary order against the person, directinghim to cease and desist from any further acts that constitute or wouldconstitute such a violation until he is in compliance with NRS 398.400 to 398.620, inclusive. The summary order tocease and desist must specify the section of NRS398.400 to 398.620, inclusive, orthe regulation or order of the Secretary of State adopted or issued pursuant toNRS 398.400 to 398.620, inclusive, which the Secretary ofState 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 anyprovision of NRS 398.400 to 398.620, inclusive, or any regulation ororder 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 NRS398.400 to 398.620, inclusive, aftergiving notice by registered or certified mail and conducting a hearing in anadministrative proceeding, unless the right to notice and hearing is waived bythe person against whom the sanction is imposed, may:

(a) Issue an order against the person to cease anddesist;

(b) Censure the person if he is a registered athletesagent;

(d) If it is determined that the violation was willful,issue an order against the person imposing an administrative fine of not morethan $25,000.

3. If the person to whom notice is given pursuant tosubsection 2 does not request a hearing within 45 days after receipt of thenotice, he waives his right to a hearing and the Secretary of State shall issuea permanent order. If the person requests a hearing, the Secretary of Stateshall set the matter for hearing not less than 15 or more than 60 days after hereceives the request for a hearing. The Secretary of State shall promptlynotify the parties by registered or certified mail of the time and place setfor the hearing.

4. The imposition of the sanctions provided in thissection is limited as follows:

(a) If the Secretary of State revokes the registrationof an athletes agent, the imposition of that sanction precludes the impositionof an administrative fine pursuant to subsection 2; and

(b) The imposition by the Secretary of State of one ormore sanctions pursuant to subsection 2 with respect to a specific violationprecludes him from later imposing any other sanction pursuant to subsection 2with respect to that violation.

5. For the purpose of determining any sanction to beimposed pursuant to subsection 2, the Secretary of State shall consider, amongother factors, how recently the conduct occurred, the nature of the conduct andthe context in which it occurred, and any other relevant conduct of theapplicant.

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 attorneys fees, from the personagainst whom the sanction is imposed.

(Added to NRS by 2003, 2122)

NRS 398.620 Powersof Secretary of State and certain other officers and employees in carrying outinvestigations and proceedings; issuance of subpoenas; enforcement of subpoenaby court.

1. For the purposes of an investigation or proceedingpursuant to NRS 398.400 to 398.620, inclusive, the Secretary of Stateor any officer or employee designated by the Secretary of State by regulation,order or written direction may conduct hearings, administer oaths andaffirmations, render findings of fact and conclusions of law, subpoenawitnesses 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 hisdesignated officer or employee determines to be relevant or material to theinvestigation or proceeding. A person whom the Secretary of State or hisdesignated officer or employee does not consider to be the subject of aninvestigation is entitled to reimbursement at the rate of 25 cents per page forcopies of documents which he is required by subpoena to produce. The Secretaryof State or his designated officer or employee may require or permit a personto file a statement, under oath or otherwise as the Secretary of State or hisdesignated officer or employee determines, as to the facts and circumstancesconcerning the matter to be investigated.

2. If the activities constituting an alleged violationfor which the information is sought would be a violation of NRS 398.400 to 398.620, inclusive, had the activitiesoccurred in this state, the Secretary of State may issue and apply to enforcesubpoenas in this state at the request of an agency or Secretary of State ofanother state.

3. If a person does not testify or produce thedocuments required by the Secretary of State or a designated officer oremployee pursuant to subpoena, the Secretary of State or designated officer oremployee may apply to the court for an order compelling compliance. A request foran order of compliance may be addressed to:

(a) The district court in and for the county whereservice may be obtained on the person refusing to testify or produce thedocuments, if the person is subject to service of process in this state; or

(b) A court of another state having jurisdiction overthe person refusing to testify or produce the documents, if the person is notsubject to service of process in this state.

(Added to NRS by 2003, 2123)

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