The rule draft will be posted on the department’s website for 14 days in order to solicit comments from small businesses on potential economic impact.
Agency contact person:
Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, Wisconsin 53708; telephone 608-266-0955; email at DSPSAdminRules@wisconsin.gov. Place where comments are to be submitted and deadline for submission:
Comments may be submitted to Jon Derenne, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, 4822 Madison Yards Way, P.O. Box 8366, Madison, WI 53708-8366, or by email to DSPSAdminRules@wisconsin.gov. Comments must be received on or before the public hearing scheduled for 11:00 AM on August 28, 2020 to be included in the record of rule-making proceedings. ------------------------------------------------------------------------------------------------------------
TEXT OF RULE
Section 1. SPS 150.02 is repealed and recreated to read:
SPS 150.02 Definitions; generally. As used in chs. SPS 150 to 154: (1) “Athlete agent” has the meaning given in s. 440.99 (2), Stats. (2) “Department” means the department of safety and professional services.
(3) “Educational institution” has the meaning given in s. 440.99 (4r), Stats. (4) “Registration” has the meaning given in s. 440.99 (9), Stats. (5) “State” has the meaning given in s. 440.99 (10), Stats. (6) “Student athlete” has the meaning given in s. 440.99 (11), Stats. Section 2. SPS 151.01 is repealed and recreated to read:
SPS 151.01 Definitions; this chapter. As used in this chapter:
(1) “Former service member” has the meaning provided in s. 440.09 (1) (a), Stats. (2) “Service member” has the meaning provided in s. 440.09 (1) (b), Stats. Section 3. SPS 151.02 is repealed and recreated to read:
SPS 151.02 Applications. An applicant for an athlete agent certificate of registration under s. 440.9915 (1), Stats. shall submit all the following to the department: (1) A completed application form provided by the department.
(3) For applicants who have a pending criminal charge or have been convicted of a crime, subject to ss. 111.321, 111.322, and 111.335, Stats., all related information necessary for the department to determine whether the circumstances of the pending criminal charge or conviction are substantially related to the practice of an athlete agent. Section 4. SPS 151.02 (note) is created to read:
Note: Application forms are available on the department’s website at https://dsps.wi.gov/pages/Home.aspx, or by request from the Department of Safety and Professional Services, P.O. Box 8935, Madison, WI 53708, or call (608) 266−2112. Section 5. SPS 151.03 is repealed.
Section 6. SPS 151.04 is repealed and recreated to read:
SPS 151.04 Reciprocity; generally. (1) An individual registered as an athlete agent in another state may apply for a certificate of registration as an athlete agent in this state by submitting to the department all the following:
(a) A copy of the application for registration in the other state.
(b) A statement identifying any material change in information or verifying there is no material change in information on the application for registration in the other state.
(c) A copy of the certificate of registration from the other state.
(d) The fee required under s. 440.05 (2), Stats. (2) The department shall issue a certificate of registration to an applicant who has submitted the materials required in s. SPS 151.04 (1) if all of the following are true: (a) The application and registration requirements of the other state are substantially similar to or more restrictive than the requirements for registration under s. 440.992, Stats. (b) The registration of the other state has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
Section 7. SPS 151.05 is repealed.
Section 8. SPS 151.06 and 151.07 are created to read:
SPS 151.06 Reciprocity for service members, former service members, and spouses of service members or former service members.
(1) A service member, former service member, or spouse of a service member or former service member who resides in this state, may apply for a reciprocal credential by submitting the documentation and fee required in s. SPS 151.04 (1). (2) The department shall issue a certificate of registration to a service member, former service member, or spouse of a service member or former service member if the following are true:
(a) The individual holds a license, certification, registration, or permit that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under a certification of registration as an athlete agent.
(b) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a license, certification, registration, or permit that qualifies the individual to perform acts authorized under a certification of registration as an athlete agent.
SPS 151.07 Renewal.
(1) An athlete agent registered under ss. SPS 151.02, 151.04, or 151.06 may renew a certificate of registration by submitting a completed renewal application form provided by the department and the fee required under s. 440.03 (9) (a), Stats. (2) An athlete agent registered under s. SPS 151.06 may renew a certificate of registration by submitting all the following: (a) A copy of the application for renewal in the other state.
(b) A copy of the renewed certificate of registration from the other state.
(3) An athlete agent registered under s. SPS 151.04 may renew a certificate of registration by submitting the documentation required in sub. (2), and if the following are true: (a) The application and registration requirements of the other state are substantially similar to or more restrictive than the requirements for registration under s. 440.992, Stats. (b) The registration of the other state has not been revoked or suspended and no action involving the individual’s conduct as an athlete agent is pending against the individual or the individual’s registration in any state.
Section 9. Chapter SPS 152 and 153 are repealed.
Section 10. SPS 154.01 (4g) and (4r) are created to read:
SPS 154.01 (4g) If convicted of a crime in this or another state, failing to submit to the department within 30 days a copy of the complaint or other information which describes the nature of the crime and the judgment of conviction.
(4r) If the subject of an administrative, judicial, or other governing body determination or sanction, failing to submit to the department within 30 days a copy of the final judgment if any of the following are true:
(a) A determination has been made that the athlete agent has made a false, misleading, deceptive or fraudulent representation.
(b) A determination that the conduct of the athlete agent 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 educational institution.
(c) Any sanction, suspension, or disciplinary action is being taken against the athlete agent arising out of occupational or professional conduct.
Section 11. SPS 154.01 (7) is repealed.
Section 12. SPS 154.01 (12), (13) and (14) are created to read:
