B.__Refuse or fail to retain or permit inspection of the records required to be retained by section 243;

C.__Fail to register when required by section 234;

D.__Provide materially false or misleading information in an application for registration or renewal of registration;

E.__Predate or postdate an agency contract; or

F.__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.

Comment

This section describes the conduct which gives rise to criminal penalties and civil liabilities under Sections 15 and 16 [Maine cite sections 245 and 246].

Subsection (a)(3) [Maine cite subsection 1, paragraph C] prohibits an athlete agent from making any payment or providing anything of value to an individual who is in a position to influence a student athlete to enter into an agency contract unless that individual is registered as an athlete agent. There have been numerous instances in which an athlete agent has made payment to or provided something of value to family members, friends or roommates of student athletes to enlist their services in inducing a student athlete to sign an agency contract usually without disclosure to the student athlete.

If a student athlete signs an agency contract in the form required by Section 10 [Maine cite section 240], there is no failure to notify under subsection (b)(6) [Maine cite subsection 2, paragraph F] because the agency contract includes the warning to student athlete required by Section 10(c) [Maine cite section 240, subsection 3].

§245.__Criminal penalties

An athlete agent who violates section 244 commits a Class E crime.