Alabama Administrative Code › Title 142 - ALABAMA ATHLETE AGENTS COMMISSION › Chapter 142-1-2 - LIMITATION, SUSPENSION, REVOCATION, REFUSAL, PENALTY IMPOSITION, AND RECONSIDERATION › Section 142-1-2-.01 - Process to Limit, Suspend, Revoke, or Refuse to Make Permanent; Civil Penalties Assessed

Current through Register Vol. 42, No. 9, June 28, 2024
1. Upon
			 receipt of notice of alleged misconduct or grounds specified by Alabama Code
			 Sections 8-26B-6 and
			 8-26B-7, the Secretary of State, on
			 behalf of the Commission, may initiate action to limit, suspend, revoke, refuse
			 to renew, or refuse to make permanent the Alabama registration or temporary
			 registration of an athlete agent and/or assess a civil penalty. Such action
			 must adhere to the following process:
a.
			 First, the athlete agent must promptly receive written notice of the alleged
			 misconduct or specific ground(s) being considered to limit, suspend, revoke,
			 refuse to renew, or refuse to make permanent his or her Alabama registration or
			 temporary registration. Notice must also reference authority to assess civil
			 penalties. Notice will be sent via U.S. mail, properly addressed to the
			 registered mailing address of the athlete agent.
b. Prior to consideration by the Commission,
			 the Secretary of State will conduct a fact-finding process to provide the
			 registered athlete agent with a meaningful opportunity to respond to the
			 noticed allegation(s). The registered athlete agent may choose to respond in
			 person, electronically by video conference, or in writing.
c. Hearing. If the athlete agent seeks to
			 appear in person or electronically by video conference, he or she must advise
			 the Secretary of State within ten (10) days from the date the notice was
			 postmarked to the agent's registered mailing address. Untimely requests will
			 not be accepted. For timely requests, a hearing will be scheduled, accordingly,
			 within thirty (30) days from the date the agent's request was postmarked and
			 properly addressed. A staff attorney for the Secretary of State will serve as
			 the hearing officer. An appropriate non-attorney designee of the Secretary of
			 State will present supporting evidence for each noticed allegation at the
			 hearing. The athlete agent may retain and have legal counsel present at the
			 hearing; however, the athlete agent will be required to present his/her case
			 and provide all evidence to the hearing officer directly. Legal counsel present
			 for the athlete agent, if any, may be consulted during breaks or as otherwise
			 permitted by the hearing officer.
d. Written Response. If the athlete agent
			 seeks to respond in writing, he or she must submit any written comments and
			 supporting documentation or evidence within thirty (30) days from the date the
			 notice was postmarked to the agent's registered mailing address. Untimely
			 responses will not be accepted. All timely written comments, supporting
			 documentation, and evidence will be reviewed by a staff attorney for the
			 Secretary of State.
e. Upon
			 conclusion of the fact-finding process, whether by hearing or in writing, the
			 staff attorney for the Secretary of State will provide a written report to the
			 Commission summarizing the evidence received, including any testimony or
			 correspondence. Evidence may be incorporated into the report as exhibits, as
			 appropriate. In the event no response is received from the agent, whether by
			 hearing or in writing, the staff attorney for the Secretary of State will
			 prepare a report to the Commission stating the same and summarizing all
			 evidence available for consideration. The report will determine whether
			 sufficient evidence was received to support the allegation(s). The report will
			 be the official record of the fact-finding process.