Illinois General Assembly - Full Text of HB4540
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Full Text of HB4540  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/5/2020, by Rep. Emanuel Chris Welch


New Act

    Creates the Illinois Athlete Agents Act of 2021. Requires licensure of agents for student-athletes with the Department of Financial and Professional Regulation and establishes qualifications for licensure and requirements for athlete agents. Creates provisions concerning the address of record and email address of record; powers and duties of the Department; application for licensure; restoration of license; grounds for disciplinary action; required form of contracts; right to cancel the contract; notice to educational institutions; injunctive action and cease and desist orders; investigations, notice, and hearings; restoration from disciplinary status; summary suspension of a license; and administrative review. Establishes recordkeeping requirements for athlete agents. Prohibits athlete agents from engaging in specified conduct, subject to criminal and civil penalties. Includes other provisions. Preempts home rule powers. Effective January 1, 2021.

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HB4540LRB101 16286 SPS 65659 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Illinois Athlete Agents Act of 2021.
6    Section 5. Declaration of public policy. Practice as an
7athlete agent in the State of Illinois is hereby declared to
8affect the public health, safety, and well-being of its
9citizens and to be subject to regulation and control in the
10public interest. It is further declared that the practice as an
11athlete agent, as defined in this Act, merits the confidence of
12the public, and that only qualified persons shall be authorized
13to engage in such practice in the State of Illinois. This Act
14shall be liberally construed to best carry out this purpose.
15    Section 10. Definitions. In this Act:
16    "Address of record" means the designated address recorded
17by the Department in the applicant's or licensee's application
18file or license file maintained by the Department's licensure
19maintenance unit.
20    "Agency contract" means an agreement in which a
21student-athlete authorizes a person to negotiate or solicit on
22behalf of the student-athlete a professional-sports-services



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1contract or an endorsement contract.
2    "Athlete agent" means an individual who enters into an
3agency contract with a student-athlete or, directly or
4indirectly, recruits or solicits a student-athlete to enter
5into an agency contract. "Athlete agent" includes an individual
6who represents to the public that the individual is an athlete
8    "Athletic director" means an individual responsible for
9administering the overall athletic program of an educational
10institution or, if an educational institution has separately
11administered athletic programs for male students and female
12students, the athletic program for males or the athletic
13program for females, as appropriate.
14    "Contact" means a communication, direct or indirect,
15between an athlete agent and a student-athlete, to recruit or
16solicit the student-athlete to enter into an agency contract.
17    "Department" means the Department of Financial and
18Professional Regulation.
19    "Email address of record" means the designated email
20address recorded by the Department in the applicant's
21application file or the licensee's license file as maintained
22by the Department's licensure maintenance unit.
23    "Endorsement contract" means an agreement under which a
24student-athlete is employed or receives consideration to use on
25behalf of the other party any value that the student-athlete
26may have because of publicity, reputation, following, or fame



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1obtained because of athletic ability or performance.
2    "Intercollegiate sport" means a sport played at the
3collegiate level for which eligibility requirements for
4participation by a student-athlete are established by a
5national association for the promotion or regulation of
6collegiate athletics.
7    "Licensed athlete agent" means an individual who is
8licensed under this Act to engage as an athlete agent in
10    "Professional-sports-services contract" means an agreement
11under which an individual is employed, or agrees to render
12services, as a player on a professional sports team, with a
13professional sports organization, or as a professional
15    "Record" means information that is inscribed on a tangible
16medium or that is stored in an electronic or other medium and
17is retrievable in perceivable form.
18    "Secretary" means the Secretary of Financial and
19Professional Regulation or a person authorized by the Secretary
20to act in the Secretary's stead.
21    "Student-athlete" means an individual who engages in, is
22eligible to engage in, or may be eligible in the future to
23engage in, any intercollegiate sport. If an individual is
24permanently ineligible to participate in a particular
25intercollegiate sport, the individual is not a student-athlete
26for purposes of that sport.



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1    Section 15. Address of record; email address of record. All
2applicants and licensees shall:
3        (1) provide a valid address and email address to the
4    Department, which shall serve as the address of record and
5    email address of record, respectively, at the time of
6    application for licensure or renewal of a license; and
7        (2) inform the Department of any change of address of
8    record or email address of record within 14 days after such
9    change either through the Department's website or by
10    contacting the Department's licensure maintenance unit.
11    Section 20. Exemptions. Nothing in this Act shall be
12construed to prohibit practice as an athlete agent for the
14        (1) Practice as an athlete agent by officers and
15    employees of the United States government within the scope
16    of their employment.
17        (2) Practice as an athlete agent by any person licensed
18    in this State under any other Act from engaging in the
19    practice for which he is licensed.
20        (3) Practice as an athlete agent by a spouse, parent,
21    sibling, grandparent, or guardian of the student-athlete
22    or an individual acting solely on behalf of a professional
23    sports team or professional sports organization.



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1    Section 25. Restrictions and limitations.
2    (a) No person without a license under this Act or who is
3otherwise exempt from this Act shall: (i) in any manner hold
4himself or herself out to the public as a licensed athlete
5agent; (ii) attach the title "licensed athlete agent" to his or
6her name; or (iii) render or offer to render to any individual,
7athlete, or other person or entity any services or activities
8constituting the practice of an athlete agent as defined in
9this Act.
10    (b) A person shall be construed to practice, render, or
11offer to practice as an athlete agent, within the meaning and
12intent of this Act, if that person: (i) by verbal claim, sign,
13advertisement, letterhead, card, or any other means,
14represents himself or herself to be an athlete agent or through
15the use of some title implies that he or she is an athlete
16agent or is licensed under this Act; (ii) holds himself or
17herself out as able to perform or does perform services or work
18defined in this Act as the practice of an athlete agent; or
19(iii) provides services as an athlete agent as set forth in
20this Act.
21    Section 30. Powers and duties of the Department. The
22Department shall, subject to the provisions of this Act,
23exercise the following functions, powers, and duties:
24        (1) Ascertain the fitness and qualifications of
25    applicants for licensure.



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1        (2) Adopt rules required for the administration of this
2    Act.
3        (3) Conduct hearings on proceedings to refuse to issue,
4    renew, or restore licenses or to revoke, suspend, place on
5    probation, or reprimand licenses issued under provisions
6    of this Act.
7        (4) Issue licenses to those who meet the requirements
8    under this Act.
9        (5) Conduct investigations related to possible
10    violations of this Act.
11    Section 35. Applications for licenses.
12    (a) Applications for licenses shall be made to the
13Department in writing on forms or electronically as prescribed
14by the Department and shall be accompanied by the required fee,
15which shall not be refundable. All applications shall contain
16information that, in the judgment of the Department, will
17enable the Department to pass on the qualifications of the
18applicant for a license as an athlete agent.
19    (b) Applicants have 3 years from the date of application to
20complete the application process. If the process has not been
21completed in 3 years, the application shall be denied, the fee
22shall be forfeited, and the applicant must reapply and meet the
23requirements in effect at the time of reapplication.
24    Section 40. Qualifications for licensure. A person is



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1qualified for licensure as an athlete agent if that person:
2        (1) is at least 21 years of age;
3        (2) has not engaged or is not engaged in any practice
4    or conduct that would be grounds for disciplining a
5    licensee under this Act;
6        (3) has complied with all other requirements of this
7    Act and rules adopted to implement this Act.
8    Section 45. Active licenses prior to Public Act 100-534. A
9person who was actively licensed under the Illinois Athlete
10Agents Act prior to the effective date of Public Act 100-534
11may have his or her license restored upon application in
12writing on forms or electronically to the Department, payment
13of the fee as set by rule, and any other proof acceptable to
14the Department as determined by rule.
15    Section 50. Licenses; renewals; restoration; person in
16military service.
17    (a) The expiration date and renewal period for each license
18issued under this Act shall be set by rule. The holder of a
19license may renew such license during the month preceding the
20expiration date by paying the required fee and meeting all
21other requirements as determined by rule.
22    (b) An athlete agent who has permitted his or her license
23to expire or had his or her license placed on inactive status
24may have his or her license restored by making application to



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1the Department and filing proof acceptable to the Department of
2his or her fitness to have his or her license restored,
3including, but not limited to, sworn evidence certifying to
4active practice in another jurisdiction satisfactory to the
5Department and paying the required restoration fee as
6determined by rule.
7    (c) An athlete agent whose license has expired while
8engaged (i) in federal service on active duty with the Armed
9Forces of the United States or the State Militia called into
10service or training, or (ii) in training or education under the
11supervision of the United States before induction into the
12military service, may have the license restored or reinstated
13without paying any lapsed reinstatement, renewal, or
14restoration fees if, within 2 years after termination other
15than by dishonorable discharge of such service, training, or
16education, the Department is furnished with satisfactory
17evidence that the licensee has been so engaged in the practice
18of athletic agency and that such service, training, or
19education has been so terminated.
20    Section 55. Inactive status. A person licensed under this
21Act who notifies the Department, in writing on forms or
22electronically as prescribed by the Department, may place his
23or her license on inactive status and shall be excused from
24payment of renewal fees until the Department is notified in
25writing of that person's desire to resume active status. Any



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1athlete agent whose license is in an inactive status shall not
2practice as an athlete agent in the State of Illinois.
3    Section 60. Fees.
4    (a) The fees for the administration and enforcement of this
5Act, including, but not limited to, original licensure,
6renewal, and restoration fees, shall be set by the Department
7by rule. The fees shall not be refundable.
8    (b) All fees and other moneys collected as authorized under
9this Act shall be deposited into the General Professions
10Dedicated Fund.
11    Section 65. Returned checks; fines. Any person who delivers
12a check or other payment to the Department that is returned to
13the Department unpaid by the financial institution upon which
14it is drawn shall pay to the Department, in addition to the
15amount already owed to the Department, a fine of $50. The fines
16imposed by this Section are in addition to any other discipline
17provided under this Act for unlicensed practice or practice on
18a nonrenewed license. The Department shall notify the person
19that payment of fees and fines shall be paid to the Department
20by certified check or money order within 30 calendar days of
21the notification. If, after the expiration of 30 days from the
22date of the notification, the person has failed to submit the
23necessary remittance, then the Department shall automatically
24terminate the license or deny the application, without hearing.



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1If, after termination or denial, the person seeks a license,
2then he or she shall apply to the Department for restoration or
3issuance of the license and pay all fees and fines due to the
4Department. The Department may establish a fee for the
5processing of an application for restoration of a license to
6pay all expenses of processing this application. The Secretary
7may waive the fines due under this Section in individual cases
8where the Secretary finds that the fines would be unreasonable
9or unnecessarily burdensome.
10    Section 70. Grounds for disciplinary action.
11    (a) The Department may refuse to issue or renew a license,
12or may revoke, suspend, place on probation, reprimand, or take
13other disciplinary or nondisciplinary action as the Department
14may deem proper, including imposing fines not to exceed $10,000
15for each violation, with regard to any license issued under the
16provisions of this Act, for any one or combination of the
17following reasons:
18        (1) Making a material misstatement in furnishing
19    information to the Department.
20        (2) Negligence, incompetence, gross malpractice, or
21    misconduct in the practice of athletic agency.
22        (3) Failing to comply with any provision of this Act or
23    any rule adopted by the Department pursuant to this Act.
24        (4) Conviction of or entry of a plea of guilty or nolo
25    contendere, finding of guilt, jury verdict, or entry of



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1    judgment or sentencing, including, but not limited to,
2    convictions, preceding sentences of supervision,
3    conditional discharge, or first offender probation under
4    the law of any jurisdiction of the United States that is
5    (i) a felony or (ii) a misdemeanor, an essential element of
6    which is dishonesty, that is directly related to the
7    practice of athletic agency.
8        (5) Fraud or any misrepresentation in applying for or
9    procuring a license under this Act or in connection with
10    applying for renewal or restoration of a license under this
11    Act.
12        (6) Aiding or assisting another in violating any
13    provision of this Act or its rules.
14        (7) Failing to provide information in response to a
15    written request made by the Department within 60 days after
16    receipt of such written request.
17        (8) Engaging in dishonorable, unethical, or
18    unprofessional conduct of a character likely to deceive,
19    defraud, or harm the public.
20        (9) Habitual or excessive use or abuse of drugs defined
21    in law as controlled substances, alcohol, narcotics,
22    stimulants, or any other substances that results in the
23    inability to practice with reasonable judgment, skill, or
24    safety.
25        (10) Discipline by another state, territory, foreign
26    country, the District of Columbia, the United States



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1    government, or any other government agency if at least one
2    of the grounds for discipline is the same or substantially
3    equivalent to those set forth in this Act.
4        (11) A finding by the Department that the licensee,
5    after having his or her license placed on probationary
6    status, has violated the terms of probation or failed to
7    comply with such terms.
8        (12) Willfully making or filing false records or
9    reports in his or her practice, including, but not limited
10    to, false records filed with State agencies or departments.
11        (13) Inability to practice the profession with
12    reasonable judgment, skill, or safety as a result of
13    physical illness, including, but not limited to,
14    deterioration through the aging process, loss of motor
15    skill, mental illness, or disability.
16        (14) Solicitation of professional services other than
17    permitted advertising.
18        (15) Conviction of or cash compromise of a charge or
19    violation of the Illinois Controlled Substances Act
20    regulating narcotics.
21        (16) Gross, willful, or continued overcharging for
22    professional services, including filing false statements
23    for collection of fees for which services are not rendered.
24        (17) Practicing under a false or, except as provided by
25    law, an assumed name.
26        (18) Any instance in which the conduct of the applicant



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1    or licensee resulted in the imposition of a sanction,
2    suspension, or declaration of ineligibility to participate
3    in an interscholastic or intercollegiate athletic event on
4    a student-athlete or educational institution.
5        (19) Failure to pay a fine authorized under this Act
6    within 60 days or as provided by an order authorized under
7    this Act.
8    (b) In enforcing this Section, the Department, upon a
9showing of a possible violation, may order a licensee or
10applicant to submit to a mental or physical examination, or
11both, at the expense of the Department. The Department may
12order the examining physician to present testimony concerning
13his or her examination of the licensee or applicant. No
14information shall be excluded by reason of any common law or
15statutory privilege relating to communications between the
16licensee or applicant and the examining physician. The
17examining physicians shall be specifically designated by the
18Department. The licensee or applicant may have, at his or her
19own expense, another physician of his or her choice present
20during all aspects of the examination. Failure of a licensee or
21applicant to submit to any such examination when directed,
22without reasonable cause as defined by rule, shall be grounds
23for either the immediate suspension of his or her license or
24immediate denial of his or her application.
25    If the Secretary immediately suspends the license of a
26licensee for his or her failure to submit to a mental or



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1physical examination when directed, a hearing must be convened
2by the Department within 15 days after the suspension and
3completed without appreciable delay.
4    If the Secretary otherwise suspends a license pursuant to
5the results of the licensee's mental or physical examination, a
6hearing must be convened by the Department within 15 days after
7the suspension and completed without appreciable delay. The
8Department shall have the authority to review the licensee's
9record of treatment and counseling regarding the relevant
10impairment or impairments to the extent permitted by applicable
11federal statutes and regulations safeguarding the
12confidentiality of medical records.
13    Any licensee suspended under this subsection (b) shall be
14afforded an opportunity to demonstrate to the Department that
15he or she can resume practice in compliance with the acceptable
16and prevailing standards under the provisions of his or her
18    (c) The determination by a circuit court that a licensee is
19subject to involuntary admission or judicial admission as
20provided in the Mental Health and Developmental Disabilities
21Code operates as an automatic suspension. The suspension will
22end only upon a finding by a court that the licensee is no
23longer subject to the involuntary admission or judicial
24admission and issues an order so finding and discharging the
25licensee; and upon review of the order by the Secretary or his
26or her designee, the licensee may be allowed to resume his or



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1her practice.
2    (d) The Department may refuse to issue or may suspend
3without hearing as provided for in the Code of Civil Procedure
4the license of any person who fails to file a return, to pay
5the tax, penalty, or interest shown in a filed return, or to
6pay any final assessment of the tax, penalty, or interest as
7required by any tax Act administered by the Illinois Department
8of Revenue, until the requirements of any such tax Act are
10    (e) In cases where the Department of Healthcare and Family
11Services has previously determined that a licensee or a
12potential licensee is more than 30 days delinquent in the
13payment of child support and has subsequently certified the
14delinquency to the Department, the Department shall refuse to
15issue or renew or shall revoke or suspend that person's license
16or shall take other disciplinary action against that person
17based solely upon the certification of delinquency made by the
18Department of Healthcare and Family Services in accordance with
19paragraph (5) of subsection (a) of Section 2105-15 of the
20Department of Professional Regulation Law of the Civil
21Administration Code of Illinois.
22    Section 75. Required form of contract.
23    (a) An agency contract must be in a record, signed or
24otherwise authenticated by the parties.
25    (b) An agency contract must state or contain the following:



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1        (1) the amount and method of calculating the
2    consideration to be paid by the student-athlete for
3    services to be provided by the athlete agent under the
4    contract and any other consideration the athlete agent has
5    received or will receive from any other source for entering
6    into the contract or for providing the services;
7        (2) the name of any person not listed in the
8    application for licensure or renewal of licensure who will
9    be compensated because the student-athlete signed the
10    agency contract;
11        (3) a description of any expenses that the
12    student-athlete agrees to reimburse;
13        (4) a description of the services to be provided to the
14    student-athlete;
15        (5) the duration of the contract; and
16        (6) the date of execution.
17    (c) An agency contract must contain, in close proximity to
18the signature of the student-athlete, a conspicuous notice in
19boldface type in capital letters stating:



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2    AND
6    (d) An agency contract that does not conform to this
7Section is voidable by the student-athlete. If a
8student-athlete voids an agency contract, then the
9student-athlete is not required to pay any consideration under
10the contract or to return any consideration received from the
11athlete agent to induce the student-athlete to enter into the
13    (e) The athlete agent shall give a record of the signed or
14otherwise authenticated agency contract to the student-athlete
15at the time of execution.
16    Section 80. Student-athlete's right to cancel.
17    (a) A student-athlete may cancel an agency contract by
18giving notice of the cancellation to the athlete agent in a
19record within 14 days after the contract is signed.
20    (b) A student-athlete may not waive the right to cancel an
21agency contract.
22    (c) If a student-athlete cancels an agency contract, then
23the student-athlete is not required to pay any consideration
24under the contract or to return any consideration received from



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1the athlete agent to induce the student-athlete to enter into
2the contract.
3    Section 85. Notice to educational institution.
4    (a) Within 72 hours after entering into an agency contract
5or before the next scheduled athletic event in which the
6student-athlete may participate, whichever occurs first, the
7athlete agent shall give notice in a record of the existence of
8the contract to the athletic director of the educational
9institution at which the student-athlete is enrolled or the
10athlete agent has reasonable grounds to believe the
11student-athlete intends to enroll.
12    (b) Within 72 hours after entering into an agency contract
13or before the next athletic event in which the student-athlete
14may participate, whichever occurs first, the student-athlete
15shall inform the athletic director of the educational
16institution at which the student-athlete is enrolled that he or
17she has entered into an agency contract.
18    Section 90. Required records.
19    (a) An athlete agent shall retain the following records for
20a period of 5 years:
21        (1) the name and address of each individual represented
22    by the athlete agent;
23        (2) any agency contract entered into by the athlete
24    agent; and



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1        (3) any direct costs incurred by the athlete agent in
2    the recruitment or solicitation of a student-athlete to
3    enter into an agency contract.
4    (b) Records required by subsection (a) of this Section to
5be retained shall be open to inspection by the Department
6during normal business hours.
7    Section 95. Injunctive action; cease and desist order.
8    (a) If any person violates the provisions of this Act, then
9the Secretary, in the name of the People of the State of
10Illinois, through the Attorney General or the State's Attorney
11of the county in which the violation is alleged to have
12occurred, may petition for an order enjoining the violation or
13for an order enforcing compliance with this Act. Upon the
14filing of a verified petition, the court with appropriate
15jurisdiction may issue a temporary restraining order, without
16notice or bond, and may preliminarily and permanently enjoin
17the violation. If it is established that the person has
18violated or is violating the injunction, then the court may
19punish the offender for contempt of court. Proceedings under
20this Section are in addition to, and not in lieu of, all other
21remedies and penalties provided by this Act.
22    (b) Whenever, in the opinion of the Department, a person
23violates any provision of this Act, the Department may issue a
24rule to show cause why an order to cease and desist should not
25be entered against that person. The rule shall clearly set



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1forth the grounds relied upon by the Department and shall allow
2at least 7 days from the date of the rule to file an answer
3satisfactory to the Department. Failure to answer to the
4satisfaction of the Department shall cause an order to cease
5and desist to be issued.
6    Section 100. Investigations; notice and hearing.
7    (a) The Department may investigate the actions of any
8applicant or of any person or entity holding or claiming to
9hold a license under this Act.
10    (b) The Department, shall before disciplining an applicant
11or licensee, at least 30 days prior to the date set for the
12hearing, (i) notify in writing the accused of the charges made
13and the time and place for the hearing on the charges, (ii)
14direct the applicant or licensee to file a written answer to
15the charges under oath within 20 days after the service of the
16notice, and (iii) inform the applicant or licensee that failure
17to file a written answer to the charges will result in a
18default being entered against the applicant or licensee.
19    (c) Written or electronic notice, and any notice in the
20subsequent proceeding, may be served by personal delivery, by
21email, or by mail to the applicant or licensee at his or her
22address of record or email address of record.
23    (d) At the time and place fixed in the notice, the hearing
24officer appointed by the Secretary shall proceed to hear the
25charges and the parties or their counsel shall be accorded



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1ample opportunity to present any statement, testimony,
2evidence, and argument as may be pertinent to the charges or to
3their defense. The hearing officer may continue the hearing
4from time to time.
5    (e) In case the licensee or applicant, after receiving the
6notice, fails to file an answer, his or her license may, in the
7discretion of the Secretary, be suspended, revoked, or placed
8on probationary status, or be subject to whatever disciplinary
9action the Secretary considers proper, including limiting the
10scope, nature, or extent of the person's practice or imposition
11of a fine, without hearing, if the act or acts charges
12constitute sufficient grounds for the action under this Act.
13    Section 105. Record of proceedings; transcript.
14    (a) The Department, at its expense, shall provide a
15certified shorthand reporter to take down the testimony and
16preserve a record of all proceedings at the hearing of any case
17in which a license may be revoked, suspended, placed on
18probationary status, reprimanded, fined, or subjected to other
19disciplinary action with reference to the license when a
20disciplinary action is authorized under this Act and rules. The
21notice of hearing, complaint, and all other documents in the
22nature of pleadings and written motions filed in the
23proceedings, the transcript of the testimony, the report of the
24hearing officer, and the orders of the Department shall be the
25record of the proceedings. The record may be made available to



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1any person interested in the hearing upon payment of the fee
2required by Section 2105-115 of the Department of Professional
3Regulation Law.
4    (b) The Department may contract for court reporting
5services, and if it does so, the Department shall provide the
6name and contact information for the certified shorthand
7reporter who transcribed the testimony at a hearing to any
8person interested, who may obtain a copy of the transcript of
9any proceedings at a hearing upon payment of the fee specified
10by the certified shorthand reporter.
11    Section 110. Subpoenas; depositions; oaths. The Department
12has the power to subpoena documents, books, records, or other
13materials and to bring before it any person and to take
14testimony either orally or by deposition, or both, with the
15same fees and mileage and in the same manner as prescribed in
16civil cases in the courts of this State.
17    The Secretary, the designated hearing officer, and other
18parties designated by the Department have the power to
19administer oaths to witnesses at any hearing that the
20Department is authorized to conduct, and any other oaths
21authorized in any Act administered by the Department.
22    Section 115. Compelling testimony. Any circuit court, upon
23application of the Department or designated hearing officer may
24enter an order requiring the attendance of witnesses and their



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1testimony, and the production of documents, papers, files,
2books, and records in connection with any hearing or
3investigation. The court may compel obedience to its order by
4proceedings for contempt.
5    Section 120. Hearing; motion for rehearing.
6    (a) The hearing officer appointed by the Secretary shall
7hear evidence in support of the formal charges and evidence
8produced by the licensee. At the conclusion of the hearing, the
9hearing officer shall present to the Secretary a written report
10of his or her findings of fact, conclusions of law, and
12    (b) At the conclusion of the hearing, a copy of the hearing
13officer's report shall be served upon the applicant or
14licensee, either personally or as provided in this Act for the
15service of the notice of hearing. Within 20 calendar days after
16such service, the applicant or licensee may present to the
17Department a motion, in writing, for a rehearing that shall
18specify the particular grounds for rehearing. The Department
19may respond to the motion for rehearing within 20 calendar days
20after its service on the Department. If no motion for rehearing
21is filed, then upon the expiration of the time specified for
22filing such a motion, or upon denial of a motion for rehearing,
23the Secretary may enter an order in accordance with the
24recommendations of the hearing officer. If the applicant or
25licensee orders from the reporting service and pays for a



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1transcript of the record within the time for filing a motion
2for rehearing, the 20 calendar day period within which a motion
3may be filed shall commence upon delivery of the transcript to
4the applicant or licensee.
5    (c) If the Secretary disagrees in any regard with the
6report of the hearing officer, the Secretary may issue an order
7contrary to the report.
8    (d) Whenever the Secretary is not satisfied that
9substantial justice has been done, the Secretary may order a
10hearing by the same or another hearing officer.
11    (e) At any point in any investigation or disciplinary
12proceeding provided for in this Act, both parties may agree to
13a negotiated consent order. The consent order shall be final
14upon signature of the Secretary.
15    Section 125. Hearing officer. Notwithstanding any
16provision in this Act, the Secretary has the authority to
17appoint an attorney duly licensed to practice law in the State
18of Illinois to serve as the hearing officer in any action for
19refusal to issue or renew a license or discipline a license.
20The hearing officer shall have full authority to conduct the
21hearing. The hearing officer shall report his or her findings
22of fact, conclusions of law, and recommendations to the
24    Section 130. Order or certified copy; prima facie proof. An



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1order or certified copy thereof, over the seal of the
2Department and purporting to be signed by the Secretary, is
3prima facie proof that:
4        (1) the signature is the genuine signature of the
5    Secretary; and
6        (2) the Secretary is duly appointed and qualified.
7    Section 135. Restoration from disciplinary status.
8    (a) At any time after the successful completion of a term
9of probation, suspension, or revocation of a license issued
10under this Act, the Department may restore the license to the
11licensee, unless after an investigation and a hearing the
12Department determines that restoration is not in the public
14    (b) Where circumstances of suspension or revocation so
15indicate, the Department may require an examination of the
16licensee prior to restoring his or her license.
17    (c) No person whose license has been revoked as authorized
18in this Act may apply for restoration of that license or permit
19until such time as provided for in the Civil Administrative
20Code of Illinois.
21    (d) A license that has been suspended or revoked shall be
22considered nonrenewed for purposes of restoration and a
23licensee restoring his or her license from suspension or
24revocation must comply with the requirements for restoration as
25set forth in Section 55 of this Act and any related rules



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2    Section 140. Surrender of license. Upon the revocation or
3suspension of a license, the licensee shall immediately
4surrender his or her license to the Department. If the licensee
5fails to do so, then the Department has the right to seize the
7    Section 145. Summary suspension of a license. The Secretary
8may summarily suspend a license, without a hearing,
9simultaneously with the institution of proceedings for a
10hearing provided for in Section 105 of this Act, if the
11Secretary finds that evidence in the Secretary's possession
12indicates that the continuation of practice as an athlete agent
13would constitute an imminent danger to the public. If the
14Secretary summarily suspends a license without a hearing, a
15hearing must be commenced within 30 days after the suspension
16has occurred and concluded as expeditiously as practical.
17    Section 150. Administrative review.
18    (a) All final administrative decisions of the Department
19are subject to judicial review under the Administrative Review
20Law and all rules adopted under the Administrative Review Law.
21The term "administrative decision" is defined as in Section
223-101 of the Code of Civil Procedure.
23    (b) Proceedings for judicial review shall be commenced in



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1the circuit court of the county in which the party applying for
2review resides, but if the party is not a resident of Illinois,
3the venue shall be in Sangamon County.
4    (c) The Department shall not be required to certify any
5record to the court or file any answer in court or to otherwise
6appear in any court in a judicial review proceeding, unless
7until the Department has received from the plaintiff payment of
8the costs of furnishing and certifying the record, which costs
9shall be determined by the Department.
10    (d) Failure on the part of the plaintiff to file a receipt
11in court shall be grounds for dismissal of the action.
12    (e) During the pendency and hearing of any and all judicial
13proceedings incident to a disciplinary action the sanctions
14imposed upon the accused by the Department shall remain in full
15force and effect.
16    Section 155. Unlicensed practice; violation; civil
18    (a) Any person who practices, offers to practice, attempts
19to practice, or holds himself or herself out to practice as an
20athlete agent without being licensed or exempt under this Act
21shall, in addition to any other penalty provided by law, pay a
22civil penalty to the Department in an amount not to exceed
23$10,000 for each offense, as determined by the Department. The
24civil penalty shall be assessed by the Department after a
25hearing is held in accordance with the provisions set forth in



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1this Act regarding the provision of a hearing for the
2discipline of a licensee.
3    (b) The Department may investigate any actual, alleged, or
4suspected unlicensed activity.
5    (c) The civil penalty shall be paid within 60 days after
6the effective date of the order imposing the civil penalty. The
7order shall constitute a final judgment and may be filed and
8execution had thereon in the same manner as any judgment from
9any court of record.
10    (e) A person or entity not registered under this Act who
11has violated any provision of this Act or its rules is guilty
12of a Class A misdemeanor for the first offense and a Class 4
13felony for a second and subsequent offenses.
14    Section 160. Illinois Administrative Procedure Act;
15application. The Illinois Administrative Procedure Act is
16expressly adopted and incorporated in this Act as if all of the
17provisions of that Act were included in this Act, except that
18the provision of subsection (d) of Section 10-65 of the
19Illinois Administrative Procedure Act, which provides that at
20hearings the licensee has the right to show compliance with all
21lawful requirements for retention or continuation or renewal of
22the license, is specifically excluded. The Department shall not
23be required to annually verify email addresses as specified in
24paragraph (2) of subsection (a) of Section 10-75 of the
25Illinois Administrative Procedure Act. For the purpose of this



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1Act, the notice required under Section 10-25 of the Illinois
2Administrative Procedure Act is considered sufficient when
3mailed or emailed to the address of record.
4    Section 165. Home rule. The regulation and licensing as an
5athlete agent are exclusive powers and functions of the State.
6A home rule unit may not regulate or license an athlete agent
7or the practice as an athlete agent, except as provided under
8Section 20 of this Act. This Section is a denial and limitation
9of home rule powers and functions under subsection (h) of
10Section 6 of Article VII of the Illinois Constitution.
11    Section 170. Relation to electronic signatures in Global
12and National Commerce Act. This Act modifies, limits, and
13supersedes the federal Electronic Signatures in Global and
14National Commerce Act, 15 U.S.C. Section 7001, et seq., but
15does not modify, limit, or supersede Section 101(c) of that
16Act, 15 U.S.C. Section 7001(c), or authorize electronic
17delivery of any of the notices described in Section 103(b) of
18that Act, 15 U.S.C. Section 7003(b).
19    Section 997. Severability. The provisions of this Act are
20severable under Section 1.31 of the Statute on Statutes.
21    Section 999. Effective date. This Act takes effect January
221, 2021.