Business Regulation (GBR) — Title 4. Athletics

In this title the following words have the meanings indicated.

“Boxing” includes sparring.

“Commission” means the State Athletic Commission.

“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.

“Mixed martial arts” means a competition in which contestants use interdisciplinary forms of fighting, including various forms of martial arts, involving:

“Mixed martial arts exhibition” means mixed martial arts where:

The Commission consists of 5 members appointed by the Governor with the advice of the Secretary.

Before taking office, each appointee to the Commission shall take the oath required by Article I, § 9 of the Maryland Constitution.

The Commission shall elect a chairman from among the members of the Commission.

The manner of election of the chairman and the chairman’s term of office shall be as the Commission determines.

The Commission shall set the times and places of its meetings.

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.

The Commission may employ a staff in accordance with the State budget.

The Commission shall have its general offices in Baltimore City.

The Commission shall control and have jurisdiction over all contests held in the State.

The Commission may:

The Commission shall:

In this subtitle, “license” means a license issued by the Commission.

In this subtitle, “license” includes:

Except as provided in subsection (b) of this section, this subtitle does not apply to:

Each boxer shall wear protective headgear in each amateur boxing match or exhibition.

This section does not apply to an individual authorized to participate as a wrestler or a contestant or to act as a manager, referee, judge, second, matchmaker, or promoter in a contest in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article.

A person may not participate as a wrestler or contestant in a contest in the State unless the person has an appropriate license.

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.

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.

The Commission shall pay the cost of the neurological examination required under this section from license fees collected under this subtitle.

Each applicant for a license to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that:

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:

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.

An applicant for a license shall:

The application shall contain the information that the Commission requires by regulation.

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.

The surety bond shall be:

A boxer license authorizes the licensee to participate as a boxer in a contest.

A wrestler license authorizes the licensee to participate as a wrestler in a contest.

A manager license authorizes the licensee to act as a manager of a contestant.

A referee license authorizes the licensee to act as a referee in a contest.

A judge license authorizes the licensee to act as a judge in a contest.

A second license authorizes the licensee to act as a second in a contest.

A matchmaker license authorizes the licensee to act as a matchmaker of a contest.

A promoter license authorizes the licensee to act as a promoter of a contest.

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.

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:

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.

The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

The Commission may administer oaths in a proceeding under this section.

If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

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:

The Commission shall pay the cost of the neurological examination required under this section from the license fees collected under this subtitle.

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.

A contestant shall be allowed to enter the ring only if:

The Commission shall set the length in rounds of each contest.

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

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.

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.

The advertisement shall be in a space that is at least 2 inches by 3 inches.

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.

The Commission may seek an ex parte, interlocutory, or final injunction from a circuit court if it concludes that a person:

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.

When seeking an injunction under this section, the Commission is not required to:

In this subtitle the following words have the meanings indicated.

“Athletic director” means an individual responsible for administering:

“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.

“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.

“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.

“License” means a license issued by the Secretary to act as an athlete agent.

“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.

“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.

“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.

“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.

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.

The Secretary may issue subpoenas for any material that is relevant to the administration of this subtitle.

Except as otherwise provided in subsection (b) of this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual may not act as an athlete agent in the State without holding a license under § 4–405 of this subtitle.

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:

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.

An applicant for a license shall:

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:

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.

Except as otherwise provided in subsection (b) of this section, the Secretary shall issue a license to an individual who:

In making a determination under subsection (b) of this section, the Secretary shall consider:

A license or a renewal is valid for 2 years.

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.

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.

The Secretary shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

The Secretary may administer oaths in a proceeding under this section.

If, after due notice, the person against whom the action is contemplated does not appear, the Secretary may hear and determine the matter.

An agency contract must be in a record signed or otherwise authenticated by the parties.

An agency contract must state or contain:

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:

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

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

YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY.”

The athlete agent shall give a record of the signed or otherwise authenticated agency contract to the student–athlete at the time of execution.

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.

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.

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.

A student-athlete may not waive the right to cancel an agency contract.

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.

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

Records required to be retained by subsection (a) of this section are open to inspection by the Secretary during normal business hours.

An athlete agent, with the intent to induce a student–athlete to enter into an agency contract, may not:

An athlete agent may not intentionally:

An athlete agent may not split a fee with or receive compensation from:

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.

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.

Any liability of the athlete agent or the former student-athlete under this section is several and not joint.

This subtitle does not restrict rights, remedies, or defenses of any person under law or equity.

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.

To determine the amount of the penalty, the Secretary shall consider:

The Secretary shall pay any penalty collected under this section into the General Fund of the State.