Md. Code, Business Regulation, Title 4

Md. Code, Business Regulation, Title 4
in effect

Md. Code, Business Regulation § 4-101

(a) In this title the following words have the meanings indicated. (b) “Boxing” includes sparring. (c) “Commission” means the State Athletic Commission. (d) (1) “Contest” means a boxing, kick boxing, or wrestling: (i) competition; (ii) exhibition; (iii) match; (iv) performance; or (v) show. (2) “Contest” includes a mixed martial arts: (i) competition; (ii) match; (iii) performance; or (iv) show. (3) “Contest” does not include a mixed martial arts exhibition. (e) “Contestant” means an individual who participates in a boxing, professional kick boxing, amateur kick boxing, professional mixed martial arts, or amateur mixed martial arts contest. (f) “Mixed martial arts” means a competition in which contestants use interdisciplinary forms of fighting, including various forms of martial arts, involving: (1) striking with the hands, feet, knees, or elbows; and (2) grappling by take–downs, throws, submissions, or choke holds. (g) “Mixed martial arts exhibition” means mixed martial arts where: (1) contact to the body is permitted in only a restrained manner; (2) contact to the head is not permitted; and (3) no contact is permitted that may result, or is intended to result, in physical harm to an opponent.

Md. Code, Business Regulation § 4-202

(a) The Commission consists of 5 members appointed by the Governor with the advice of the Secretary. (b) Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution. (c) (1) The term of a member is 6 years and begins on July 1. (2) The terms of members are staggered as required by the terms provided for members of the Commission on October 1, 1992. (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies. (4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. (d) (1) The Governor may remove a member for incompetence or misconduct. (2) Except as provided in paragraph (3) of this subsection and subject to paragraph (4) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Commission meetings held during any consecutive 12–month period while the member was serving on the Commission. (3) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public. (4) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.

Md. Code, Business Regulation § 4-203

(a) The Commission shall elect a chairman from among the members of the Commission. (b) The manner of election of the chairman and the chairman’s term of office shall be as the Commission determines.

Md. Code, Business Regulation § 4-204

(a) (1) A majority of the authorized membership of the Commission is a quorum. (2) The Commission may not act unless a majority of the authorized membership concurs. (b) The Commission shall set the times and places of its meetings. (c) (1) The chairman of the Commission is entitled to: (i) an annual salary of $6,000; and (ii) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (2) Each other member of the Commission is entitled to: (i) an annual salary of $4,000; and (ii) reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (d) While in office, each member of the Commission shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article. (e) The Commission may employ a staff in accordance with the State budget. (f) The Commission shall have its general offices in Baltimore City.

Md. Code, Business Regulation § 4-205

(a) The Commission shall control and have jurisdiction over all contests held in the State. (b) The Commission may: (1) adopt regulations to administer its office; (2) administer oaths; and (3) issue subpoenas for the attendance of witnesses to testify or to produce evidence. (c) The Commission shall: (1) adopt a seal; (2) adopt regulations to carry out this subtitle and Subtitle 3 of this title; (3) keep a record of its proceedings; (4) keep at its general offices all its books, documents, and papers; and (5) prepare notices and other papers for service.

Md. Code, Business Regulation § 4-208

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this subtitle and Subtitle 3 of this title and all regulations adopted under this subtitle and Subtitle 3 of this title shall terminate on July 1, 2031.

Md. Code, Business Regulation § 4-301

(a) In this subtitle, “license” means a license issued by the Commission. (b) In this subtitle, “license” includes: (1) a license to participate as a boxer in a contest; (2) a license to participate as a professional kick boxer in a contest; (3) a license to participate as an amateur kick boxer in a contest; (4) a license to participate as a wrestler in a contest; (5) a license to participate as a professional mixed martial arts contestant in a contest; (6) a license to participate as an amateur mixed martial arts contestant in a contest; (7) a license to act as a manager for a contestant; (8) a license to act as a referee in a contest; (9) a license to act as a judge in a contest; (10) a license to act as a second in a contest; (11) a license to act as a matchmaker of a contest; and (12) a license to act as a promoter of a contest.

Md. Code, Business Regulation § 4-302

(a) Except as provided in subsection (b) of this section, this subtitle does not apply to: (1) intercollegiate, interscholastic, or intramural boxing, kick boxing, or wrestling; (2) amateur boxing conducted under the supervision of a nationally recognized amateur organization; (3) martial arts where: (i) contact to the body is permitted in only a restrained manner; (ii) contact to the head is not permitted; and (iii) no contact is permitted that may result, or is intended to result, in physical harm to an opponent; or (4) a mixed martial arts exhibition. (b) Each boxer shall wear protective headgear in each amateur boxing match or exhibition.

Md. Code, Business Regulation § 4-303

(a) A person may not participate as a wrestler or contestant in a contest in the State unless the person has an appropriate license. (b) A person may not act as a manager, referee, judge, second, matchmaker, or promoter in a contest in the State unless the person has an appropriate license.

Md. Code, Business Regulation § 4-304

(a) A licensee shall be examined by a licensed physician who is chosen by the Commission and who specializes in neurology or neurosurgery prior to the licensee’s first appearance as a contestant in a kick boxing, boxing, or mixed martial arts contest following the issuance or renewal of a license. (b) The Commission shall pay the cost of the neurological examination required under this section from license fees collected under this subtitle.

Md. Code, Business Regulation § 4-304.1

§4–304.1. (a) Each applicant for a license to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that: (1) within the prior 30–day period, the applicant has been tested for the presence of: (i) antibodies to the human immunodeficiency virus (HIV); (ii) the antigen of virus hepatitis B; and (iii) antibodies to virus hepatitis C; and (2) the results of all tests are negative. (b) Whenever directed by the Commission, an individual who is licensed to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that: (1) within 30 days prior to participating in a contest, the individual has been tested for the presence of: (i) antibodies to the human immunodeficiency virus (HIV); (ii) the antigen of virus hepatitis B; and (iii) antibodies to virus hepatitis C; and (2) the results of all tests are negative. (c) A test for the presence of HIV conducted under the provisions of this section shall be conducted in accordance with the provisions of Title 4, Subtitle 3 and § 18–336 of the Health – General Article. (d) (1) If the Commission denies a license, suspends or revokes a license, denies renewal of a license, or does not allow an individual to participate in a contest because of the failure of the individual to comply with this section, the Commission shall keep the information confidential and may not disclose the reason for its action. (2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction.

Md. Code, Business Regulation § 4-305

(a) An applicant for a license shall: (1) submit to the Commission an application on the form that the Commission provides; and (2) pay to the Commission an application fee of: (i) $10 for a license to participate as a wrestler or contestant in a contest or to act as a second in a contest; (ii) $15 for a license to act as a referee or judge in a contest; (iii) $25 for a license to act as a manager of a contestant; (iv) $25 for a license to act as a matchmaker of a contest; or (v) $150 for a license to act as a promoter of a contest. (b) The application shall contain the information that the Commission requires by regulation.

Md. Code, Business Regulation § 4-306

(a) An applicant for a license to act as a promoter of a contest shall execute a surety bond to be given to the State for the benefit of each person who may be interested in the payment of the expenses incurred in connection with the contest. (b) The surety bond shall be: (1) in the amount of: (i) $2,000; or (ii) any greater amount that the Commission requires; (2) in a form that the Commission approves; (3) with a surety that the Commission approves; and (4) conditioned on the payment, within the time that the Commission sets, of all expenses incurred in connection with the contest.

Md. Code, Business Regulation § 4-308

(a) A boxer license authorizes the licensee to participate as a boxer in a contest. (b) (1) A professional kick boxer license authorizes the licensee to participate as a professional kick boxer in a contest. (2) An amateur kick boxer license authorizes the licensee to participate as an amateur kick boxer in a contest. (c) A wrestler license authorizes the licensee to participate as a wrestler in a contest. (d) (1) A professional mixed martial arts contestant license authorizes the licensee to participate as a professional mixed martial arts contestant in a contest. (2) An amateur mixed martial arts contestant license authorizes the licensee to participate as an amateur mixed martial arts contestant in a contest. (e) A manager license authorizes the licensee to act as a manager of a contestant. (f) A referee license authorizes the licensee to act as a referee in a contest. (g) A judge license authorizes the licensee to act as a judge in a contest. (h) A second license authorizes the licensee to act as a second in a contest. (i) A matchmaker license authorizes the licensee to act as a matchmaker of a contest. (j) A promoter license authorizes the licensee to act as a promoter of a contest.

Md. Code, Business Regulation § 4-310

(a) (1) Subject to the hearing provisions of § 4–311 of this subtitle, the Commission may deny a license to an applicant, reprimand a licensee, or suspend or revoke a license if the applicant or licensee: (i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another person; (ii) fraudulently or deceptively uses a license; (iii) violates this title; or (iv) violates a regulation adopted under this title. (2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Commission may impose a penalty of up to $5,000 for each violation. (ii) To determine the amount of the penalty imposed under this subsection, the Commission shall consider: 1. the seriousness of the violation; 2. the good faith of the violator; 3. any previous violations; 4. the assets of the violator; and 5. the harmful effect of the violation on the general public and the sporting industry. (b) In addition to the grounds in subsection (a) of this section, the Commission may deny a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license to an applicant or suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license if the Commission finds that the applicant or licensee is not fit, based on the neurological examination required under §§ 4–304 and 4–314 of this subtitle and the recommendation of the physician who made the examination. (c) Subject to the hearing provisions of § 4–311 of this subtitle, the Commission may suspend or revoke a boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant license and may order the boxer, amateur kick boxer, professional kick boxer, amateur mixed martial arts contestant, or professional mixed martial arts contestant to forfeit the purse or other compensation from the contest if the contestant: (1) refuses to submit to a drug test required under § 4–315(b) of this subtitle; or (2) submits a urine or blood sample that tests positive for the presence of a controlled dangerous substance defined in § 5–101 of the Criminal Law Article or other substance that the Commission prohibits by regulation, including human growth hormones, steroids, or other performance enhancing drugs. (d) (1) Subject to the hearing provisions of § 4–311 of this subtitle, the Commission shall deny a promoter license to an applicant or revoke a promoter license if the applicant or licensee: (i) fails to pay the boxing and wrestling tax required under Title 6 or Title 13 of the Tax – General Article; or (ii) holds or participates in a fake boxing, wrestling, or mixed martial arts contest. (2) If a person fails to pay the boxing and wrestling tax, the Commission shall: (i) impose a penalty not exceeding $5,000; and (ii) act to enforce the bond of the promoter.

Md. Code, Business Regulation § 4-311

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 4-310 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission. (b) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) The Commission may administer oaths in a proceeding under this section. (d) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

Md. Code, Business Regulation § 4-312

A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.

Md. Code, Business Regulation § 4-314

(a) The Commission shall require an individual to be examined by a licensed physician who is chosen by the Commission and who specializes in neurology or neurosurgery before the individual may participate as a contestant in a contest in the State if: (1) the individual has participated as a contestant in more than 12 contests in or out of the State; (2) a ringside physician recommends the examination; or (3) in 2 successive contests the individual: (i) receives a technical knockout as a result of a neurological injury; or (ii) is knocked out. (b) The Commission shall pay the cost of the neurological examination required under this section from the license fees collected under this subtitle. (c) On the basis of the neurological examination and the recommendation of the physician who conducts the examination, the Commission may find that the individual is not fit and may prohibit the individual from participating in a contest in the State.

Md. Code, Business Regulation § 4-315

(a) A contestant shall be allowed to enter the ring only if: (1) a physician approved by the Commission declares the contestant to be physically fit; and (2) the contestant has complied with § 4–304.1 of this subtitle. (b) (1) Each contestant in a contest shall submit to: (i) a chemical test of the urine or blood of the contestant to detect the presence of a controlled dangerous substance defined in § 5–101 of the Criminal Law Article or other substance that the Commission prohibits by regulation; and (ii) subject to paragraph (2) of this subsection, a test of the blood or urine of the contestant to detect the presence of performance enhancing drugs, including: 1. human growth hormones; and 2. anabolic steroids. (2) A contestant shall be required to submit to a blood or urine test under paragraph (1)(ii) of this subsection if: (i) there is reasonable cause to believe the contestant has used a substance prohibited by regulation; (ii) the contestant was randomly selected by lottery; or (iii) the contestant has a documented or otherwise verified history of drug use within the 5 years immediately preceding the date of the contest. (c) The Commission shall set the length in rounds of each contest. (d) (1) The Commission shall adopt regulations to ensure the safety of individuals who participate in amateur or professional mixed martial arts contests. (2) In developing the regulations, the Commission shall consider: (i) appropriate limits on acceptable maneuvers; (ii) time limits for contest rounds; and (iii) rules for termination of a contest.

Md. Code, Business Regulation § 4-316

A wrestler or contestant who participates in a fake contest: (1) for the first offense, shall be prohibited for a period of 6 months beginning immediately after the offense from participating in a contest that is held by a person licensed to act as a promoter of a contest; and (2) for the second offense, shall be disqualified from attendance at or participation in a contest that is held by a person licensed to act as a promoter of a contest.

Md. Code, Business Regulation § 4-317

(a) To protect the general public, the promoter of a contest shall have the price of seats at the contest published in at least 2 newspapers of general circulation in the county in which the contest is held. (b) The advertisement shall be in a space that is at least 2 inches by 3 inches.

Md. Code, Business Regulation § 4-319

A building or other structure that is used or intended to be used, wholly or partly, for a contest shall be ventilated properly and have fire exits and escapes in conformance with local law.

Md. Code, Business Regulation § 4-320

A promoter may not allow a person who does not have an appropriate license to participate as a wrestler or contestant in a contest or to act as a manager, referee, judge, second, or matchmaker in a contest.

Md. Code, Business Regulation § 4-321

A manager, second, matchmaker, promoter, or principal may not accept money or a gift from a boxer, exhibitor of boxing, kick boxer, wrestler, or mixed martial arts contestant in return for a special privilege or for discriminating in making a match.

Md. Code, Business Regulation § 4-322

(a) A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,000, six months imprisonment, or both. (b) (1) The Commission may impose on a person who violates any provision of this title a penalty not exceeding $5,000 for each violation. (2) In setting the amount of the penalty, the Commission shall consider: (i) the seriousness of the violation; (ii) the harm caused by the violation; (iii) the good faith of the violator; (iv) any history of previous violations by the violator; and (v) any other relevant factors. (3) The Commission shall pay any penalty collected under this subsection into the General Fund of the State.

Md. Code, Business Regulation § 4-323

(a) The Commission may seek an ex parte, interlocutory, or final injunction from a circuit court if it concludes that a person: (1) conducts or attempts to conduct a contest that is not under the control and jurisdiction of the Commission in violation of § 4-205(a) of this title; or (2) participates or attempts to participate in a contest in the absence of a valid license issued by the Commission in violation of § 4-303 of this subtitle. (b) The injunctive relief may be sought from the circuit court of any county in which the contest is to be held or where the individual who is alleged to be violating this subtitle resides or has its principal place of business. (c) When seeking an injunction under this section, the Commission is not required to: (1) file a bond; or (2) show a lack of adequate remedy at law.

Md. Code, Business Regulation § 4-401

(a) In this subtitle the following words have the meanings indicated. (b) (1) “Agency contract” means an agreement in which a student–athlete authorizes a person to negotiate or solicit on behalf of the student–athlete a professional–sports–services contract or an endorsement contract. (2) “Agency contract” includes a written agreement for current or future representation in which a student–athlete authorizes a person to assess and plan for the financial benefits that may arise out of the student–athlete’s professional sports career. (c) (1) “Athlete agent” means an individual who enters into an agency contract with a student–athlete or, directly or indirectly, recruits or solicits a student–athlete to enter into an agency contract. (2) “Athlete agent” includes an individual who: (i) represents to the public that the individual is an athlete agent; or (ii) facilitates or encourages a connection between a student–athlete and another athlete agent. (3) “Athlete agent” does not include a spouse, parent, sibling, grandparent, or guardian of the student–athlete, or an individual acting solely on behalf of a professional sports team or professional sports organization. (d) “Athletic director” means an individual responsible for administering: (1) the overall athletic program of an educational institution; or (2) the athletic program for males or the athletic program for females if an educational institution has separately administered athletic programs for male students and female students, as appropriate. (e) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete to recruit or solicit the student-athlete to enter into an agency contract. (f) “Endorsement contract” means an agreement under which a student-athlete is employed or receives consideration to use on behalf of another party for any value that the student-athlete may have due to publicity, reputation, following, or fame obtained due to athletic ability or performance. (g) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements of a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. (h) “License” means a license issued by the Secretary to act as an athlete agent. (i) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency or instrumentality, public corporation, or any other legal or commercial entity. (j) “Professional-sports-services contract” means an agreement under which an individual is employed or agrees to render services as a player on a professional sports team with a professional sports organization or as a professional athlete. (k) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (l) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (m) (1) “Student-athlete” means an individual who engages in, is eligible to engage in, or may be eligible in the future to engage in, any intercollegiate sport. (2) “Student-athlete” includes an individual who is or was a member of a sports team of a high school. (3) “Student-athlete” does not include an individual permanently ineligible to participate in a particular sport.

Md. Code, Business Regulation § 4-402

(a) By acting as an athlete agent in the State, a nonresident individual appoints the Secretary as the individual’s agent for service of process in any civil action in the State related to the individual’s acting as an athlete agent in the State. (b) The Secretary may issue subpoenas for any material that is relevant to the administration of this subtitle.

Md. Code, Business Regulation § 4-403

(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the State without holding a license under § 4-405 of this subtitle. (b) Before being issued a license, an individual may act as an athlete agent in the State for all purposes except signing an agency contract if: (1) a student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and (2) within 7 days after an initial act as an athlete agent, the individual submits an application for a license as an athlete agent in the State. (c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.

Md. Code, Business Regulation § 4-404

(a) An applicant for a license shall: (1) submit to the Secretary an application on the form the Secretary requires; and (2) pay to the Secretary a $25 application fee. (b) In addition to any other information required on the application, the application must be in the name of an individual and, except as otherwise provided in subsection (d) of this section, signed or otherwise authenticated by the applicant under penalty of perjury and state or contain: (1) the name of the applicant and the address of the applicant’s principal place of business; (2) the name of the applicant’s business or employer, if applicable; (3) any business or occupation engaged in by the applicant for 5 years before the date of the application; (4) a description of the applicant’s: (i) formal training as an athlete agent; (ii) practical experience as an athlete agent; and (iii) educational background relating to the applicant’s activities as an athlete agent; (5) the names and addresses of three individuals not related to the applicant who are willing to serve as references; (6) the name, sport, and last known team for each individual for whom the applicant acted as an athlete agent during the 5 years before the date of the application; (7) the names and addresses of all persons who are: (i) with respect to the athlete agent’s business if it is not a corporation, the partners, members, officers, managers, associates, or profit sharers of the business; and (ii) with respect to a corporation employing the athlete agent, the officer’s directors, and any shareholder of the corporation having an interest of 5% or greater; (8) whether the applicant or any person named in accordance with item (7) of this subsection has been convicted of a crime that, if committed in the State, would be a crime involving moral turpitude or a felony, and identify the crime; (9) whether there has been any administrative or judicial determination that the applicant or any person named in accordance with item (7) of this subsection has made a false, misleading, deceptive, or fraudulent representation; (10) any instance in which the conduct of the applicant or any person named in accordance with item (7) of this subsection 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; (11) any sanction, suspension, or disciplinary action taken against the applicant or any person named in accordance with item (7) of this subsection arising out of occupational or professional misconduct; and (12) whether there has been any denial of an application for, suspension or revocation of, or refusal to renew the registration or licensure of the applicant or any person named in accordance with item (7) of this subsection as an athlete agent in any state. (c) Notwithstanding subsection (b)(7) of this section, an applicant who is a member of the Bar of the Court of Appeals of Maryland need not provide the name and address of a person who is a partner, member, associate, or profit sharer in a law firm or professional corporation. (d) (1) An individual who has submitted an application for, and holds a certificate of registration or licensure as an athlete agent in another state, may submit a copy of the application and certificate in lieu of submitting an application in the form required under subsection (b) of this section. (2) The Secretary shall accept the application and the certificate from the other state as an application for a license in the State if the application to the other state: (i) was submitted in the other state 6 months before the submission of the application in the State and the applicant certifies that the information contained in the application is current; (ii) contains information substantially similar to or more comprehensive than that required in an application submitted in the State; and (iii) was signed by the applicant under penalty of perjury.

Md. Code, Business Regulation § 4-405

(a) Except as otherwise provided in subsection (b) of this section, the Secretary shall issue a license to an individual who: (1) complies with § 4-404(a) of this subtitle or whose application has been accepted under § 4-404(d) of this subtitle; and (2) pays to the Secretary a $1,000 license fee. (b) (1) Subject to the hearing provisions of § 4-407 of this subtitle, the Secretary may deny a license if the Secretary determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant’s fitness to act as an athlete agent. (2) In making the determination under paragraph (1) of this subsection, the Secretary may consider whether the applicant has: (i) been convicted of a crime that, if committed in the State, would be a crime involving moral turpitude or a felony; (ii) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (iii) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (iv) engaged in conduct prohibited by § 4-413 of this subtitle; (v) had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any state; (vi) engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; (vii) engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity; or (viii) failed to demonstrate financial stability. (c) In making a determination under subsection (b) of this section, the Secretary shall consider: (1) how recently the conduct occurred; (2) the nature of the conduct and the context in which it occurred; and (3) any other relevant conduct of the applicant. (d) (1) An athlete agent may apply to renew a license by: (i) submitting an application for renewal in a form required by the Secretary; and (ii) paying to the Secretary a $1,000 renewal fee. (2) The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original application for a license. (e) (1) An individual who has submitted an application for renewal of registration or licensure in another state, in lieu of submitting an application for renewal in the form required under subsection (d) of this section, may file a copy of the application for renewal and a valid certificate of registration or licensure from the other state. (2) The Secretary shall accept the application for renewal from the other state as an application for renewal in the State if the application for the other state: (i) was submitted in the other state within 6 months before the filing in the State and the applicant certifies the information contained in the application for renewal is current; (ii) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in the State; and (iii) was signed by the applicant under penalty of perjury. (f) A license or a renewal is valid for 2 years.

Md. Code, Business Regulation § 4-406

(a) Subject to the hearing provisions of § 4-407 of this subtitle, the Secretary may reprimand a licensee, suspend, or revoke a license for conduct that would have justified denial of a license under § 4-405(b) of this subtitle. (b) (1) Instead of or in addition to reprimanding the licensee or suspending or revoking a license under subsection (a) of this section, the Secretary may assess a civil penalty under § 4-416 of this subtitle. (2) The Secretary shall pay any penalty collected under this subsection into the General Fund of the State.

Md. Code, Business Regulation § 4-407

(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 hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. (c) The Secretary may administer oaths in a proceeding under this section. (d) If, after due notice, the person against whom the action is contemplated does not appear, the Secretary may hear and determine the matter.

Md. Code, Business Regulation § 4-409

(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 has received or will receive from any other source for entering into the contract or for providing the services; (2) the name of any person not listed in the application for a license or renewal of a license who will be compensated because the student–athlete signed the agency contract; (3) a description of any expenses that the student–athlete agrees to reimburse; (4) a description of the services to be provided to the student–athlete; (5) the duration of the contract; and (6) the date of execution. (c) An agency contract must contain, in close proximity to the signature of the student–athlete, a conspicuous notice in boldface type in capital letters stating: “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 ENTERING INTO THIS CONTRACT, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR; AND (3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.” (d) (1) An agency contract that does not conform to this section is voidable by the student–athlete. (2) If a student–athlete voids an agency contract under this section, the student–athlete is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student–athlete to enter into the contract. (e) The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student–athlete at the time of execution.

Md. Code, Business Regulation § 4-410

(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 the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. (b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled or in which the student-athlete intends to enroll that the student-athlete has entered into an agency contract.

Md. Code, Business Regulation § 4-411

(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 consideration under the contract or to return any consideration received from the athlete agent to induce the student-athlete to enter into the contract.

Md. Code, Business Regulation § 4-412

(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 or solicitation of a student-athlete to enter into an agency contract. (b) Records required to be retained by subsection (a) of this section are open to inspection by the Secretary during normal business hours.

Md. Code, Business Regulation § 4-413

(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 other than the student–athlete or another licensed athlete agent; or (4) solicit another individual who is not an athlete agent to commit an act on behalf of the athlete agent that is a violation of this subtitle. (b) An athlete agent may not intentionally: (1) initiate contact with a student–athlete unless licensed under this subtitle; (2) refuse or fail to retain or permit inspection of the records required to be retained by § 4–412 of this subtitle; (3) fail to obtain a license when required by § 4–403 of this subtitle; (4) provide materially false or misleading information in an application for a license or renewal of a license; (5) predate or postdate an agency contract; or (6) fail to notify a student–athlete before the student–athlete signs or otherwise authenticates an agency contract for a particular sport that the signing or authentication may make the student–athlete ineligible to participate as a student–athlete in that sport. (c) An athlete agent may not split a fee with or receive compensation from: (1) a professional sports league; (2) a professional sports franchise; (3) a representative or employee of a professional sports league or franchise; or (4) an employee of an educational institution in the State.

Md. Code, Business Regulation § 4-414

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.

Md. Code, Business Regulation § 4-415

(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 losses and expenses incurred because, as a result of the conduct of an athlete agent or former student-athlete, the educational institution was injured by a violation of this subtitle or was penalized, disqualified, or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference, or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization. (c) A right of action under this section does not accrue until the educational institution discovers, or by the exercise of reasonable diligence would have discovered, the violation by the athlete agent or former student-athlete. (d) Any liability of the athlete agent or the former student-athlete under this section is several and not joint. (e) This subtitle does not restrict rights, remedies, or defenses of any person under law or equity.

Md. Code, Business Regulation § 4-416

(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; (2) the harm caused by the violation; (3) the good faith of the violator; (4) any history of previous violations by the violator; and (5) any other relevant factors. (c) The Secretary shall pay any penalty collected under this section into the General Fund of the State.

Md. Code, Business Regulation § 4-417

In applying and construing this subtitle, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Md. Code, Business Regulation § 4-418

The provisions of this subtitle governing the legal effect, validity, or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures conform to the requirements of Section 102 of the Electronic Signatures in Global and National Commerce Act, Pub. L. No. 106-229, 114 Stat. 464 (2000), and supersede, modify, and limit the Electronic Signatures in Global and National Commerce Act.

Md. Code, Business Regulation § 4-419

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://mgaleg.maryland.gov/mgawebsite/Laws/StatutesFetched: 10/16/2026

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