Section 4-407 – Hearing
(a) Except as provided in § 10-226 of the State Government Article, before the Secretary takes any final action under § 4-405(b), § 4-406, or § 4-416 of this subtitle, the Secretary shall give the person against whom the action is contemplated an opportunity for a hearing before the Secretary. (b) The Secretary shall give notice and […]
Section 4-408 – Payment of Moneys Collected
The Secretary shall pay all moneys collected under this subtitle into the General Fund of the State.
Section 4-409 – Agency Contract
(a) An agency contract must be in a record signed or otherwise authenticated by the parties. (b) An agency contract must state or contain: (1) 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 the athlete agent […]
Section 4-410 – Notice of Agency Contract to Athletic Director
(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or […]
Section 4-411 – Cancellation of Contract
(a) A student-athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after the contract is signed. (b) A student-athlete may not waive the right to cancel an agency contract. (c) If a student-athlete cancels an agency contract, the student-athlete is not required to pay any […]
Section 4-412 – Retention of Records by Athlete Agent
(a) An athlete agent shall retain the following records for a period of 5 years: (1) the name of each individual represented by the athlete agent; (2) the address of each individual represented by the athlete agent; (3) any agency contract entered into by the athlete agent; and (4) any direct costs incurred by the athlete agent in the recruitment […]
Section 4-413 – Prohibited Activities
(a) An athlete agent, with the intent to induce a student–athlete to enter into an agency contract, may not: (1) give any materially false or misleading information or make a materially false promise or representation; (2) furnish anything of value to a student–athlete before the student–athlete enters into the agency contract; (3) furnish anything of value to any individual […]
Section 4-414 – Prohibited Activities — Penalty
An athlete agent who violates § 4-413 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
Section 4-415 – Right of Action by Educational Institution
(a) (1) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by violation of this subtitle. (2) In an action under this section, the court may award to the prevailing party costs and reasonable attorney’s fees. (b) Damages to an educational institution under subsection (a) of this section include […]
Section 4-416 – Civil Penalty
(a) Except as otherwise provided in this subtitle and subject to the provisions of § 4-407 of this subtitle, the Secretary may assess a civil penalty against a person who violates any provision of this subtitle not to exceed $25,000. (b) To determine the amount of the penalty, the Secretary shall consider: (1) the seriousness of the violation; […]