Chapter 440

440.991 History History: 2003 a. 150; 2019 a. 180.

440.9915 440.9915 Registration as athlete agent; form; requirements; reciprocal registration.

440.9915(1) (1) An applicant for registration as an athlete agent shall submit an application for registration to the department in a form prescribed by the department. The applicant must be an individual, and the application must be signed by the applicant under penalty of perjury. The application must contain at least all of the following:

440.9915(1)(a) (a) The name, date, and place of birth of the applicant; the address of the applicant’s principal place of business; the work and mobile telephone numbers of the applicant; and means of communicating electronically with the applicant, including facsimile number, electronic mail address, and personal and business or employer Internet sites.

440.9915(1)(b) (b) A description of each business or employer, if applicable, of the applicant, including the name, mailing address, telephone number, organization form, and nature of the business of the applicant’s business or employer.

440.9915(1)(bm) (bm) Each social media account with which the applicant or the applicant’s business or employer is affiliated.

440.9915(1)(c) (c) Each business or occupation in which the applicant engaged within 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time.

440.9915(1)(d) (d) A description of all of the following:

440.9915(1)(d)1. 1. The applicant’s formal training as an athlete agent.

440.9915(1)(d)2. 2. The applicant’s practical experience as an athlete agent.

440.9915(1)(d)3. 3. The applicant’s educational background relating to his or her activities as an athlete agent.

440.9915(1)(e) (e) The name, or if the student athlete is a minor, the name of the parent or guardian of the minor, sport, and last-known team for each individual for whom the applicant acted as an athlete agent within 5 years before the date of the application.

440.9915(1)(f) (f) If the athlete agent’s business is not a corporation, the names and addresses of the partners, members, officers, managers, associates, or profit sharers of the business and of all persons directly or indirectly holding an equity interest of 5 percent or more of the business.

440.9915(1)(g) (g) If the athlete agent is employed by a corporation, the names and addresses of the officers and directors of the corporation and any shareholder of the corporation having an interest of 5 percent or more.

440.9915(1)(gm) (gm) A description of the status of any application by the applicant, or any person named under par. (f) or (g), for a state or federal business, professional, or occupational license, other than as an athlete agent, from a state or federal agency, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license.

440.9915(1)(h) (h) Whether the applicant or any person named under par. (f) or (g) has been convicted of, or has charges pending for, a crime that, if committed in this state, would be a felony, and a description of the crime, the law enforcement agency involved, and, if applicable, the date of the conviction and the fine or penalty imposed.

440.9915(1)(he) (he) Whether, within 15 years before the date of the application, the applicant, or any person named under par. (f) or (g), has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of incompetence and, if so, the date and a full explanation of each proceeding.

440.9915(1)(hm) (hm) Whether the applicant, or any person named under par. (f) or (g), has an unsatisfied judgment or a judgment of continuing effect, including for child or family support, maintenance, or spousal support that is not current at the date of the application.

440.9915(1)(hs) (hs) Whether, within 10 years before the date of the application, the applicant, or any person named under par. (f) or (g), was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt.

440.9915(1)(i) (i) Whether there has been any administrative or judicial determination that the applicant or any person named under par. (f) or (g) has made a false, misleading, deceptive, or fraudulent representation.

440.9915(1)(j) (j) Each instance in which the conduct of the applicant or any person named pursuant to par. (f) or (g) resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional sports event on a student athlete or a sanction on an educational institution.

440.9915(1)(k) (k) Each sanction, suspension, or disciplinary action taken against the applicant or any person named under par. (f) or (g) arising out of occupational or professional conduct.

440.9915(1)(L) (L) Whether there has been any denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant or any person named under par. (f) or (g) as an athlete agent in any state.

440.9915(1)(m) (m) Each state in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent.

440.9915(1)(n) (n) If the applicant is certified or registered by a professional league or players association, all of the following:

440.9915(1)(n)1. 1. The name of the league or association.

440.9915(1)(n)2. 2. The date of certification or registration, and the date of expiration of the certification or registration, if any.

440.9915(1)(n)3. 3. If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration.

440.9915(1)(o) (o) All additional information required by the department.

440.9915(2) (2) 

440.9915(2)(a) (a) Instead of proceeding under sub. (1), an individual registered as an athlete agent in another state may apply for registration as an athlete agent in this state by submitting to the department all of the following:

440.9915(2)(a)1. 1. A copy of the application for registration in the other state.

440.9915(2)(a)2. 2. A statement that identifies any material change in the information on the application for registration in the other state or verifies there is no material change in the information, signed under penalty of perjury.

440.9915(2)(a)3. 3. A copy of the certificate of registration from the other state.

440.9915(2)(b) (b) The department shall issue a certificate of registration to an individual who complies with par. (a) and pays the initial credential fee determined by the department under s. 440.03 (9) (a) if the department determines that all of the following are true:

440.9915(2)(b)1. 1. The application and registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

440.9915(2)(b)2. 2. 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.

440.9915(2)(c) (c) For purposes of implementing par. (b), the department may do all of the following:

440.9915(2)(c)1. 1. Cooperate with national organizations concerned with athlete agent issues and agencies in other states that register athlete agents to develop a common registration form and determine which states have laws that are substantially similar to or more restrictive than this subchapter.

440.9915(2)(c)2. 2. Exchange information, including information related to actions taken against registered athlete agents or their registrations, with those organizations and agencies.

440.9915 History History: 2003 a. 150; 2019 a. 180; 2021 a. 240 s. 30.

440.9915 Cross-reference Cross-reference: See also ch. SPS 151, Wis. adm. code.

440.992 440.992 Certificate of registration; issuance or denial; renewal.

440.992(1) (1) Except as otherwise provided in sub. (2), the department shall issue a certificate of registration to an individual who complies with s. 440.9915 (1) if the individual has paid the initial credential fee determined by the department under s. 440.03 (9) (a).

440.992(2) (2) The department may refuse to issue a certificate of registration to an applicant for registration under s. 440.9915 (1) if the department determines that the applicant has engaged in conduct that significantly adversely reflects on the applicant’s fitness to act as an athlete agent. In making the determination, the department may consider whether the applicant has done any of the following:

440.992(2)(a) (a) Subject to ss. 111.321, 111.322, and 111.335, been convicted of a crime that, if committed in this state, would be a felony.

440.992(2)(b) (b) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent.

440.992(2)(c) (c) Engaged in unprofessional conduct or conduct that would disqualify the applicant from serving in a fiduciary capacity.

440.992(2)(d) (d) Engaged in conduct prohibited by s. 440.996.

440.992(2)(e) (e) Had a registration as an athlete agent suspended, revoked, or denied or been refused renewal of registration as an athlete agent in any state.

440.992(2)(f) (f) Engaged in conduct resulting in imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional sports event on a student athlete or a sanction on an educational institution.

440.992(2)(g) (g) Engaged in conduct that adversely reflects on the applicant’s credibility, honesty, or integrity.

440.992(3) (3) In making a determination under sub. (2), the department shall consider each of the following:

440.992(3)(a) (a) How recently the conduct occurred.

440.992(3)(b) (b) The nature of the conduct and the context in which it occurred.

440.992(3)(c) (c) Any other relevant conduct of the applicant.

440.992(4) (4) An athlete agent registered under sub. (1) may apply to renew the registration by submitting an application for renewal in a form prescribed by the department. The applicant shall sign the application for renewal under penalty of perjury and include current information on all matters required in an original application for registration. Applications submitted under this subsection shall be open to inspection at all reasonable hours authorized by representatives of the department.

440.992(5) (5) An athlete agent registered under s. 440.9915 (2) may renew the registration by proceeding under sub. (4) or, if the registration in the other state has been renewed, by submitting to the department copies of the application for renewal in the other state and the renewed registration from the other state. The department shall renew the registration if it determines that all of the following are true:

440.992(5)(a) (a) The registration requirements of the other state are substantially similar to or more restrictive than this subchapter.

440.992(5)(b) (b) The renewed registration has not been suspended or revoked and no action involving the athlete agent’s conduct as an athlete agent is pending against the athlete agent or his or her registration in any state.

440.992(6) (6) A certificate of registration or a renewal of a registration is valid for 2 years.

440.992 History History: 2003 a. 150; 2005 a. 25; 2007 a. 20; 2019 a. 180.

440.992 Cross-reference Cross-reference: See also ch. SPS 151, Wis. adm. code.

440.9925 440.9925 Suspension, revocation, or refusal to renew registration.

440.9925(1) (1) The department may limit, suspend, revoke, or refuse to renew a registration of an individual issued a certificate of registration under s. 440.992 (1) for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2).

440.9925(1m) (1m) The department may suspend or revoke the registration of an individual issued a certificate of registration under s. 440.9915 (2) or renewed under s. 440.992 (5) for any reason for which the department could have refused to grant or renew registration or for conduct that would justify refusal to issue a certificate of registration under s. 440.992 (2).

440.9925(2) (2) The department may deny, limit, suspend, revoke, or refuse to renew a certificate of registration only after proper notice and an opportunity for a hearing.

440.9925 History History: 2003 a. 150; 2019 a. 180.

440.993 440.993 Temporary registration. The department may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. The department shall promulgate rules establishing requirements and procedures for applying for and issuing temporary certificates of registration.

440.993 History History: 2003 a. 150.

440.9935 440.9935 Renewal. The renewal date for certificates of registration issued under this subchapter is specified in s. 440.08 (2) (a), and the renewal fee for such certificates is determined by the department under s. 440.03 (9) (a). Renewal applications shall be submitted to the department on a form provided by the department.

440.9935 History History: 2003 a. 150; 2005 a. 25; 2007 a. 20.

440.9935 Cross-reference Cross-reference: See also ch. SPS 151, Wis. adm. code.

440.994 440.994 Required form of contract.

440.994(1) (1) An agency contract must be in a record, signed by the parties.

440.994(2) (2) An agency contract must contain all of the following:

440.994(2)(ag) (ag) A statement that the athlete agent is registered as an athlete agent in this state and a list of all other states in which the athlete agent is registered as an athlete agent.

440.994(2)(ar) (ar) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by the athlete agent under the contract and any other consideration that the athlete agent has received or will receive from any other source for entering into the contract or for providing the services.

440.994(2)(b) (b) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student athlete signed the agency contract.

440.994(2)(c) (c) A description of any expenses that the student athlete agrees to reimburse.

440.994(2)(d) (d) A description of the services to be provided to the student athlete.

440.994(2)(e) (e) The duration of the contract.

440.994(2)(f) (f) The date of execution.

440.994(3) (3) Subject to sub. (6), an agency contract must contain a conspicuous notice in boldface type and, in substantially the same form, the following:

WARNING TO STUDENT ATHLETE

IF YOU SIGN THIS CONTRACT:

1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT ATHLETE IN YOUR SPORT;

2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU MAY PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND

3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT ATHLETE IN YOUR SPORT.