50 States in 50* Days - Utah Athlete Agent Regulation

Yeah, yeah, yeah - Utah isn't next on the list and 50 days passed by several hundred days ago. Oh well. As the Utes prepare to face Alabama and as the result of a special request, Utah is up next.

Utah is another state that has adopted the Uniform Athlete Agent Act. The Utah Uniform Athlete Agent Act is administered by the Division of Occupational and Professional Licensing (DOPL).

The DOPL site is loaded with information including all the forms you will need to register and links to laws and rules and more. It will cost you $510 to register and the registration expires for all athlete agents on September 30 every year. It will the cost $510 to renew your registration, which can be accomplished online.

The site also provides information on the Athlete Agent Licensing Board. The Board has five members and consists of one public member and four athlete agent members. Currently, only two of the spots are filled. One thing that caught my attention in reading the Utah Uniform Athlete Agent Act was this:

In addition, the Athlete Agents Licensing Board shall designate one of its members on a permanent or rotating basis to:
(i) assist the division in reviewing complaints concerning the
unlawful or unprofessional conduct of a licensee; and
(ii) advise the division in its investigation of these complaints.

Seems to me that an athlete agent assisting in the review of complaints on other athlete agents, particularly those who are competition and then advising the division in its investigation creates a number of potential problems. Hopefully the public member is the one who is designated to fill this role.

The DOPL site allows users to see who is registered and get fairly detailed info on athlete agents who are registered in Utah by going to the Verify a License link on the left. As of this writing, it looks as though most of the agents registered haven't gotten around to renewing as only eight of the 26 agents who have previously registered are listed as "ACTIVE".

If you plan to recruit student-athletes at the University of Utah, make sure to contact the compliance office first. According to the compliance office website:

All athletic agents must receive initial permission from the Compliance Office prior to contacting any student-athlete of the University of Utah. Severe repercussions are possible for violation of this rule, both to the agent and to the student-athlete.

The Utah State Aggies compliance office requires athlete agents to register before contacting a studet-athlete.

More on Andre Smith and Improper Contact with a Sports Agent

Tony Barnhart of the Atlanta Journal Constitution wrote about why Smith's suspension will be good for Alabama. In it he had these pearls of wisdom:

As a college athlete you have every right to talk to an agent and attempt to do what is best for your future. But you don’t have a right to keep playing college football. Choices have consequences. Bad choices have very bad consequences.

Andrew Brandt of the National Football Post, after making it clear that he has no knowledge of the violation, makes an important observation and addresses the reality of the situation in his Tuesday Thoughts:

That would not only violate the rule of coach Nick Saban but also the NFLPA rule for contact with juniors. Despite those rules, the competition from agents for a player like Smith would be intense and widespread, perhaps leading to improper contact that Saban discovered.

Mike Florio of ProFootballTalk recently posted that Junior Rule Violations Run Rampant:

A league source tells us that, in its second year of existence, the NFL Players Association’s rule prohibiting agents from talking to underclassmen prior to their entry into the pool of players who’ll be drafted in April isn’t working.

If this situation is indeed a result of improper contact with an agent, Andre Smith isn't the only one who is going to be punished. The agent(s) involved could also face punishment. As Darren Heitner of SportsAgentBlog.com recently covered, Alabama might not be the best place for an agent to get into trouble. Stay tuned.

For more on the "Junior Rule" - check out this post from February.

50 States in 50* Days - Colorado (UPDATED)

The last time we looked at Colorado's athlete agent regulation, I noted that Colorado did NOT have a registration requirement. Well, that and more has changed.

The Colorado Uniform Athlete Agent Act took effect in July of this year and applies to offenses committed on or after January 1, 2009. Colorado joins the ranks of states who have adopted the Uniform Athlete Agent Act.

The Department of Regulatory Agencies (DORA) held a few public information sessions to let Colorado athlete agents know about the upcoming changes.

As of January 1, 2009, you may not practice as an athlete agent in Colorado without holding a certificate of registration. To register, head to the Office of Athlete Agent Registration's site to get all the information that you need. Registration will set you back $435 and compliance will be a yearly effort as all registrations expire on November 30 every year.

Did Improper Contact with a Sports Agent Lead to the Suspension of an All-American?

As several outlets have reported, All-American tackle Andre Smith has been suspended by Alabama for the Sugar Bowl. "Sources" informed the Mobile Press Register that the suspension is "thought to be tied to an improper association with a sports agent". The Tuscaloosa News has confirmed "that Smith was being investigated by the school about improper contact with a sports agent."

ESPN.com's Chris Low covers the Bad News for Alabama, Smith and leaves us with this:

The bigger question with Smith becomes the specifics of his improper dealings with an agent and when everything occurred.

Saban's message to his team, though, was loud and clear: Messing around with an agent is a quick ticket out of town ... even if you're Andre Smith.

More on this story will undoubtedly come out on Tuesday. Stay tuned for more as this story develops.

Going International? - Player Agents and FIBA

Will 2009 be the year you take your representation practice global? If so, make sure you know what you're getting into. For those representing basketball players, FIBA provides a wealth of information on their website.

Earlier this year, FIBA Assist Magazine interviewed FIBA Secretary General Patrick Baumann about the role of player agents in FIBA's structure. The interview covers a ton of info on what FIBA's goal is with their agent regulation progam. Here are some highlights:

• "FIBA certified agents will be the only ones allowed to make business for international transfers of players."
• "...if you want to deal with international transfers, you need to become a FIBA-certified agent."
• Yes, there is a test. Upcoming tests will be held in San Juan, Puerto Rico and in Geneva, Switzerland.
• "In about three years we will not have a single person operating in the international scale and dealing with international transfers who is not a FIBA licensed agent."
• FIBA originally estimated that about 200 people would end up becoming certified, but they already have over 130.
  
• Info about who is required to become certified, what is will cost and on the Arbitral Tribunal (FAT) is also covered.
  

For more on how FIBA deals' with agents, visit FIBA's Agent Corner.

So you want to know what agents are certified? FIBA's got you covered with their database, searchable by name or country. As of today, 21 agents in the US are registered with FIBA.

Trouble? The FIBA Arbitral Tribunal (FAT) is there for the resolution of disputes between players, agents and clubs. To read some of the FAT decisions, head here.

Happy Holidays to all and best wishes for a wonderful 2009!

The NFLPA Dishes on How Players Can Get the Scoop on Agents

NFLPlayers.com has posted a great rundown on the importance of agent selection. Below are some highlights, but I recommend checking out the entire read at "Get the Scoop on Potential Agents From the NFLPA."

Highlights include:

“We have files on every agent,” said NFLPA Director of Salary Cap and Agent Administration Mark Levin. “We can tell a player what contracts an agent has negotiated, who they represent, what fees they charge and most importantly...”

"...players must always remember that this is a business relationship and that they are the boss..."

"Sometimes it is in the players’ best interest to have separate, independent people providing services beyond contract negotiation. By doing so, players can create a system of checks and balances with one professional reviewing the work of the others."

For more information on NFLPA agent regulations, head here.