SB2542 96TH GENERAL ASSEMBLY

LRB096 16372 ASK 31636 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2542

Introduced 1/12/2010, by Sen. A. J. Wilhelmi

SYNOPSIS AS INTRODUCED:

New Act

Creates the Uniform Athlete Agents Act. Requires agents for student athletes to register with the Department of Professional Regulation and establishes registration procedures, criteria, and requirements for these athlete agents. Provides that all information required by the Department of any applicant for registration, except financial information, is a public record. Authorizes the Department to issue a temporary registration while a registration application or renewal of registration is pending. Provides disciplinary grounds. Establishes requirements for agency contracts subject to the Act. Requires both the athlete agent and the student-athlete to promptly notify the appropriate educational institution after the contract is entered into. Provides an educational institution damaged by a violation of the Act with a civil remedy against the involved athlete agent and the student athlete. Establishes record-keeping requirements for athlete agents. Prohibits athlete agents from engaging in specified conduct, subject to criminal and administrative penalties. Includes other provisions.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning athlete agents.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Uniform Athlete Agents Act.

Section 2. Definitions. In this Act:

(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) "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. The term includes an individual who represents to the public that the individual is an athlete agent. The term 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.

(3) "Athletic director" means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.

(4) "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.

(4.5) "Department" means the Department of Financial and Professional Regulation.

(4.6) "Secretary" means the Secretary of the Department of Financial and Professional Regulation.

(5) "Endorsement contract" means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.

(6) "Intercollegiate sport" means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.

(7) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation, or any other legal or commercial entity.

(8) "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.

(9) "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.

(10) "Registration" means registration as an athlete agent pursuant to this Act.

(11) "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.

(12) "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. If an individual is permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport.

Section 2.1. Powers and duties of the Department. The Department may exercise the following powers and duties subject to the provisions of this Act:

(1) To prescribe forms of application for certificates of registration.

(2) To pass upon the qualifications of applicants for certificates of registration and issue certificates of registration to those found to be fit and qualified.

(3) To conduct hearings on proceedings to revoke, suspend, or otherwise discipline or to refuse to issue or renew certificates of registration.

(4) To formulate rules when required for the administration and enforcement of this Act.

Section 3. Service of process; subpoenas.

(a) By acting as an athlete agent in this State, a nonresident individual appoints the Department as the individual's agent for service of process in any civil action in this State related to the individual's acting as an athlete agent in this State.

(b) The Department may issue subpoenas for any material that is relevant to the administration of this Act.

Section 4. Athlete agents; registration required; void contracts.

(a) Except as otherwise provided in subsection (b), an individual may not act as an athlete agent in this State without holding a certificate of registration under Section 6 or 8.

(b) Before being issued a certificate of registration, an individual may act as an athlete agent in this 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 seven days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in this 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.

Section 5. Registration as athlete agent; form; requirements. An applicant for registration shall submit an application for registration to the Department in a form prescribed by the Department. An application filed under this Section is a public record. The application must be in the name of an individual and, except as otherwise provided in subsection (b), 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 the five years next preceding the date of submission of the application;

(4) a description of the applicant's:

(A) formal training as an athlete agent;

(B) practical experience as an athlete agent; and

(C) 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 five years next preceding the date of submission of the application;

(7) the names and addresses of all persons who are:

(A) 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

(B) with respect to a corporation employing the athlete agent, the officers, directors, and any shareholder of the corporation having an interest of five percent or greater;

(8) whether the applicant or any person named pursuant to paragraph (7) has been convicted of a crime that, if committed in this 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 pursuant to paragraph (7) has made a false, misleading, deceptive, or fraudulent representation;

(10) any instance in which the conduct of the applicant or any person named pursuant to paragraph (7) 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 pursuant to paragraph (7) arising out of occupational or professional conduct; 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 pursuant to paragraph (7) as an athlete agent in any State.

(b) 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 prescribed pursuant to subsection (a). The Secretary of State shall accept the application and the certificate from the other State as an application for registration in this State if the application to the other State:

(1) was submitted in the other State within six months next preceding the submission of the application in this State and the applicant certifies that the information contained in the application is current;

(2) contains information substantially similar to or more comprehensive than that required in an application submitted in this State; and

(3) was signed by the applicant under penalty of perjury.

Section 5.5. Public records.

(a) All information required by the Department of any applicant for registration shall be a public record, except financial information.

(b) If a registrant changes his or her name style, address, or employment from that which appears on his or her current registration, he or she shall notify the Department of the change within 30 days after it occurs.

(c) All public records of the Department, when duly certified by the Secretary, shall be received as prima facie evidence in any State administrative or judicial proceedings.

Section 6. Certificate of registration; issuance or denial; renewal.

(a) Except as otherwise provided in subsection (b), the Department shall issue a certificate of registration to an individual who complies with Section 5(a) or whose application has been accepted under Section 5(b).

(b) The Department may refuse to issue a certificate of registration if the Department 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. In making the determination, the Department may consider whether the applicant has:

(1) been convicted of a crime that, if committed in this State, would be a crime involving moral turpitude or a felony;

(2) made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;

(3) engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;

(4) engaged in conduct prohibited by Section 14;

(5) 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;

(6) 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; or

(7) engaged in conduct that significantly adversely reflects on the applicant's credibility, honesty, or integrity.

(c) In making a determination under subsection (b), the Department 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) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Department. An application filed under this Section is a public record. 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 registration.

(e) 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 prescribed pursuant to subsection (d), may file a copy of the application for renewal and a valid certificate of registration or licensure from the other State. The Department shall accept the application for renewal from the other State as an application for renewal in this State if the application to the other State:

(1) was submitted in the other State within six months next preceding the filing in this State and the applicant certifies the information contained in the application for renewal is current;

(2) contains information substantially similar to or more comprehensive than that required in an application for renewal submitted in this State; and

(3) was signed by the applicant under penalty of perjury.

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

Section 7. Suspension, revocation, or refusal to renew registration.

(a) The Department may suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under Section 6(b).

(b) The Department may deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. The Illinois Administrative Procedure Act applies to this Act.

Section 8. Temporary registration.

(a) The Department may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.

(b) A temporary certificate shall be issued by the Department to an individual who holds a certificate, registration, or license as an athlete agent in another State and submits a copy of the certificate, registration, or license in lieu of submitting an application in the form prescribed pursuant to Section 5.

(c) A temporary certificate issued pursuant to subsection (b) of this Section shall be valid for 30 days or until such time as the Department receives an application in accordance with Section 5.

(d) A temporary certificate shall be considered as issued upon the Department's receipt of a copy of a certificate in accordance with subsection (b) of this Section.

Section 8.5. Expiration of registration.

(a) Registrations shall expire at midnight on June 30 of each odd-numbered year.

(b) Failure to renew a registration prior to its expiration shall cause the registration to become nonrenewed and it shall be unlawful thereafter for the registrant to engage, offer to engage, or hold himself or herself out as engaging as a registered athlete agent under the registration unless the registration is restored or reissued as defined by rule.

Section 9. Fees.

(a) The initial application fee for a certificate shall be fixed by the Department by rule.

(b) All other fees not set forth in this Act shall be fixed by rule.

(c) If an applicant for initial registration applies for licensure during the second half of the biennial period, he or she shall be required to pay only one-half of the amount fixed by the Department for initial application.

(d) Any change of a registration that requires the issuance of a new registration shall be completed on a form required by the Department and accompanied by a $10 handling fee.

(e) All fees and fines collected under this Act shall be deposited into the General Professions Dedicated Fund.

Section 10. Required form of 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 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 registration or renewal of registration 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 OR BEFORE YOUR NEXT SCHEDULED ATHLETIC EVENT, WHICHEVER OCCURS FIRST, 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) An agency contract that does not conform to this Section is voidable by the student-athlete. If a student-athlete voids 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.

(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.

Section 11. Notice to educational institution.

(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 that he or she has entered into an agency contract.

Section 12. Student-athlete's right to cancel.

(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.

Section 13. Required records.

(a) An athlete agent shall retain the following records for a period of 5 years:

(1) the name and address of each individual represented by the athlete agent;

(2) any agency contract entered into by the athlete agent; and

(3) 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 by subsection (a) to be retained are open to inspection by the Department during normal business hours.

Section 14. Prohibited conduct.

(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; or

(3) furnish anything of value to any individual other than the student-athlete or another registered athlete agent.

(b) An athlete agent may not intentionally:

(1) initiate contact with a student-athlete unless registered under this Act;

(2) refuse or fail to retain or permit inspection of the records required to be retained by Section 13;

(3) fail to register when required by Section 4;

(4) provide materially false or misleading information in an application for registration or renewal of registration;

(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.

Section 15. Criminal penalties. An athlete agent who violates Section 14 is guilty of a Class A misdemeanor.

Section 16. Civil remedies.

(a) An educational institution has a right of action against an athlete agent or a former student-athlete for damages caused by a violation of this Act. In an action under this Section, the court may award to the prevailing party costs and reasonable attorney's fees.

(b) Damages of an educational institution under subsection (a) 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 Act 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 Act does not restrict rights, remedies, or defenses of any person under law or equity.

Section 17. Grounds for disciplinary action.

(a) The Department may refuse to issue or to renew or may revoke, suspend, place on probation, reprimand, or take other disciplinary action as the Department may deem proper, including fines not to exceed $5,000 for each violation, with regard to any registration for any one or combination of the following causes:

(1) Violation of this Act or its rules.

(2) Conviction of any crime under the laws of any U.S. jurisdiction that is a felony or that is a misdemeanor, an essential element of which is dishonesty, or of any crime that directly relates to the practice of the profession.

(3) Making any misrepresentation for the purpose of obtaining a registration.

(4) Gross malpractice, prima facie evidence of which may be a conviction or judgment of malpractice in any court of competent jurisdiction.

(5) Aiding or assisting another person in violating any provision of this Act or rules adopted pursuant to this Act.

(6) Failing, within 60 days, to provide information in response to a written request made by the Department that was sent by certified or registered mail to the registrant's last known address.

(7) Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.

(8) Habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug that results in the inability to practice with reasonable judgment or skill.

(9) Discipline by another U.S. jurisdiction or foreign nation if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth in this Section.

(10) Directly or indirectly giving to or receiving from any person, firm, corporation, partnership, or association any fee, commission, rebate, or other form of compensation for any professional services not actually or personally rendered.

(11) A finding by the Department that the registrant, after having his or her registration placed on probationary status, has violated the terms of probation.

(12) Conviction by any court of competent jurisdiction, either within or without this State, of any violation of any law governing the practice of athlete agents if the Department determines, after investigation, that the person has not been sufficiently rehabilitated to warrant the public trust.

(13) A finding that registration has been applied for or obtained by fraudulent means.

(14) Practicing, attempting to practice, or advertising under a name other than the full name as shown on the registration or any other legally authorized name.

(15) Gross and willful overcharging for professional services, including filing false statements for collection of fees or moneys for which services are not rendered.

(16) Failure to file a return, to pay the tax, penalty, or interest shown in a filed return, or to pay any final assessment of tax, penalty, or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of that tax Act are satisfied.

(17) Physical or mental disability, including deterioration through the aging process, or loss of abilities and skills that result in an inability to practice the profession with reasonable judgment or skill.

(18) Material misstatement in furnishing information to the Department or to any other State agency.

(19) Advertising in any manner that is false, misleading, or deceptive.

(b) The Department shall deny any registration or renewal under this Act to any person who has defaulted on an educational loan guaranteed by the Illinois State Scholarship Commission; however, the Department may issue a registration or renewal if the person in default has established a satisfactory repayment record as determined by the Illinois State Scholarship Commission.

(c) Failure to continue to meet the requirements of this Act shall be deemed a violation of this Act.

(d) The determination by a court that a registrant is subject to involuntary admission or judicial admission as provided in the Mental Health and Developmental Disabilities Code will result in an automatic suspension of his or her registration. The suspension will end upon a finding by a court that the registrant is no longer subject to involuntary admission or judicial admission, the issuance of an order so finding and discharging the patient, and the recommendation of the Board to the Secretary that the registrant be allowed to resume professional practice.

Section 18. Stenographer; record of proceedings. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings initiated pursuant to this Act, the rules for the administration of this Act, or any other Act or rules relating to this Act and proceedings for restoration of any registration issued under this Act. The notice of hearing, complaint, answer, and all other documents in the nature of pleadings and written motions and responses filed in the proceedings, the transcript of the testimony, all exhibits admitted into evidence, the report of the hearing officer, the conclusions of law, and recommendations to the Secretary, and the order shall be the record of the proceedings. The Department shall furnish a transcript of the record to any person interested in the hearing upon payment of the fee required under Section 2105-115 of the Civil Administrative Code of Illinois (Department of Professional Regulation Law).

Section 19. Court orders. Any circuit court may, upon application of the Department or its designee or of the applicant or registrant against whom proceedings are pending, enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books, and records in connection with any hearing or investigation. The court may compel obedience to its order by proceedings for contempt.

Section 20. Subpoenas; administration of oaths. The Department has power to subpoena and bring before it any person in this State and to take testimony orally, by deposition, or both or to subpoena documents, exhibits, or other materials with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this State.

The Secretary has the power to administer oaths to witnesses at any hearing that the Department is authorized by law to conduct. The Secretary has the power to administer any other oaths required or authorized to be administered by the Department under this Act.

Section 21. Findings of fact; conclusions of law; recommendations; order. Within 60 days of the Department's receipt of the transcript of any hearing that is conducted pursuant to this Act or the rules for its enforcement, any other statute or rule requiring a hearing under this Act or the rules for its enforcement, or any hearing related to restoration of any registration issued pursuant to this Act, the hearing officer shall submit his or her written findings and recommendations to the Secretary.

A copy of the findings of fact, conclusions of law, and recommendations submitted to the Secretary shall be served upon the accused person, either personally or by registered or certified mail. Within 20 days after service, the accused person may present to the Department a written motion for a rehearing, which shall state the particular grounds therefor. If the accused person orders and pays for a transcript pursuant to Section 18, the time elapsing thereafter and before the transcript is ready for delivery to him or her shall not be counted as part of the 20 days.

The Secretary shall issue an order based on the findings of fact, conclusions of law, and recommendations.

Section 22. Temporary suspension. The Secretary may temporarily suspend a person's registration without a hearing, simultaneously with the institution of proceedings for a hearing provided for in this Act, if the Secretary finds that evidence in his or her possession indicates that continuation in practice by that person would constitute an imminent danger to the public. In the event that the Secretary temporarily suspends a registration without a hearing, the Department shall hold a hearing within 30 days after the suspension has occurred.

Section 23. Administrative Review Law. All final administrative decisions of the Department are subject to judicial review pursuant to the Administrative Review Law and its rules. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

Section 24. Illinois Administrative Procedure Act. The Illinois Administrative Procedure Act is hereby expressly adopted and incorporated herein as if all of the provisions of that Act were included in this Act, except that the provision of subsection (d) of Section 10-65 of the Illinois Administrative Procedure Act that provides that at hearings the registrant has the right to show compliance with all lawful requirements for retention, continuation, or renewal of the registration is specifically excluded. For the purpose of this Act the notice required under Section 10-25 of the Administrative Procedure Act is deemed sufficient when mailed to the last known address of a party.

Section 25. Certification of record; costs. The Department shall not be required to certify any record to the court, to file an answer in court, or to otherwise appear in any court in a judicial review proceeding, unless there is filed in the court, with the complaint, a receipt from the Department acknowledging payment of the costs of furnishing and certifying the record. Failure on the part of the plaintiff to file the receipt in court is grounds for dismissal of the action.

Section 26. Returned checks; fines. A person who delivers a check or other payment to the Department that is returned to the Department unpaid by the financial institution upon which it is drawn shall pay to the Department, in addition to the amount already owed to the Department, a fine of $50. A fine imposed under this Section is in addition to any other discipline provided under this Act for unregistered practice or practice on a nonrenewed registration. The Department shall notify the person that fees and fines shall be paid to the Department by certified check or money order within 30 calendar days of the notification. If, after the expiration of 30 days from the date of the notification, the person fails to submit the necessary remittance, the Department shall automatically terminate his or her registration or deny his or her application without hearing. If, after termination or denial, the person seeks a registration, he or she shall apply to the Department for restoration or issuance of his or her registration and pay all fees and fines due to the Department. The Department may establish a fee for the processing of an application for restoration of a registration to pay all expenses of processing the application. The Secretary may waive any fine due under this Section in any individual case where the Secretary finds that the fine would be unreasonable or unnecessarily burdensome.

Section 27. Hearing officer. The Secretary has the authority to appoint any attorney duly registered to practice law in the State of Illinois to serve as the hearing officer for any action for refusal to issue or renew a registration, for discipline of a registrant, for sanctions, for unregistered practice, for restoration of a registration, or for any other action for which findings of fact, conclusions of law, and recommendations are required pursuant to Section 21 of this Act. The hearing officer shall have full authority to conduct the hearing and shall issue his or her findings of fact and recommendations to the Secretary pursuant to Section 21 of this Act.

Section 28. Enforcement; petition to court.

(a) If any person violates the provisions of this Act, the Secretary, through the Attorney General or the State's Attorney of any county in which a violation is alleged to exist, may, in the name of the People of the State of Illinois, petition for an order enjoining the violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in court, the court may issue a temporary restraining order without notice or bond and may preliminarily and permanently enjoin the violation. If it is established that the person has violated or is violating the injunction, the court may punish the offender for contempt of court.

(b) If any person practices as a registered athlete agent or holds himself or herself out as a registrant without being registered under the provisions of this Act, then any person registered under this Act, any interested party, or any person injured thereby, in addition to those officers identified in subsection (a) of this Section, may petition for relief as provided in subsection (a).

(c) Whenever the Department has reason to believe that a person has violated the registration requirements of this Act by practicing, offering to practice, attempting to practice, or holding himself or herself out to practice as a registered athlete agent without being registered under this Act, the Department may issue a rule to show cause why an order to cease and desist should not be entered against that person. The rule shall clearly set forth the grounds relied upon by the Department and shall provide a period of 7 days from the date of the rule to file an answer to the satisfaction of the Department. Failure to answer to the satisfaction of the Department shall cause an order to cease and desist to be issued immediately.

(d) Proceedings under this Section shall be in addition to, and not in lieu of, all other remedies and penalties that may be provided by law.

Section 29. Unregistered practice; violation; civil penalty.

(a) Any person who practices, offers to practice, attempts to practice, or holds himself or herself out to practice without being registered under this Act shall, in addition to any other penalty provided by law, pay a civil penalty to the Department in an amount not to exceed $5,000 for each offense as determined by the Department. The civil penalty shall be assessed by the Department after a hearing is held in accordance with the provisions set forth in this Act regarding the provision of a hearing for the discipline of a registrant.

(b) The Department has the authority and power to investigate any and all registered activity.

(c) A civil penalty imposed pursuant to this Section shall be paid within 60 days after the effective date of the order imposing the civil penalty. The order shall constitute a judgment and may be filed and execution had thereon in the same manner as any judgment from any court of record.

Section 30. Relation to electronic signatures in Global and National Commerce Act. This Act modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.