T.C.A. § 49-7-2104 provides that an individual may not act as an athlete agent in Tennessee without holding a Certificate of Registration as an Athlete Agent in Tennessee. If a student-athlete, or someone acting on the student’s behalf, initiates communication with the agent, the agent must submit an application for registration as an Athlete Agent in Tennessee within 7 days of the initial contact. 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.
T.C.A. § 49-7-2110 requires all agency contracts between a student-athlete and athlete agent to include a statement that the athlete agent is registered as an athlete agent in Tennessee and list any other states in which the agent is registered as an athlete agent, among other requirements.
T.C.A. § 49-7-2111 sets out requirements to notify educational institutions when a student-athlete enters into a contract. Additionally, when an educational institution becomes aware of any violation of the notice requirements listed in the statute, it must notify the secretary of state and any professional league or players’ association of the violation.
Prohibits entities from denying an individual any service, financial aid, or other benefit because of race, color or national origin.
Prohibits entities from providing a different service or benefit or providing these in a different manner from those provided to others under the program.
Prohibits segregation or separate treatment in any manner related to receiving program services or benefits.
Prohibits entities from requiring different standards or conditions as prerequisites for serving individuals.
Encourages the participation of minorities as members of planning or advisory bodies for programs receiving federal funds.
Prohibits discriminatory activity in a facility built in whole or part with Federal funds.
Requires information and services to be provided in languages other than English when significant numbers of beneficiaries are of limited English speaking ability.
Requires entities to notify the respective population about applicable programs.
Prohibits locating facilities in any way that would limit or impede access to a Federally funded service or benefit.
Requires assurance of nondiscrimination in purchasing of services.
Under what legal authority does the Secretary of State accept service of process?
Service of Process is issued under the following statutes:
Tennessee’s Long-Arm Statutes, Tennessee Code Annotated (T.C.A.) Title 20, Chapter 2, Part 2.
The Tennessee Business Corporation Act, T.C.A. Title 48, Chapters 11-27
Tennessee Nonprofit Corporation Act, T.C.A. Title 48, Chapters 51-68
Tennessee Limited Liability Company Act ,T.C.A. Title 48,Chapters 201-248
The Tennessee Revised Limited Liability Company Act, T.C.A. Title 48, Chapter 249
The Tennessee Revised Uniform Partnership Act, T.C.A. Title 61, Chapter 1
The Hague Convention is preprinted as an annotation to Rule 4, 28 U.S.C.A., Fed. R. Civ. P., Rules 1011, (1992) (Annotation to Rule 4).
Who must comply?
State and local government: Agencies distributing federal assistance or entities distributing federal assistance to the state or local government entity.
Higher education: college, university, or other post-secondary institution
Local education agency or system of vocational education, or other school system
An entire corporation, partnership, or other private organization, or an entire sole proprietorship
The entire plant or private corporation or other organization which is a geographically separate facility to which federal financial assistance is extended.
What is Title VI?
Title VI of the 1964 Civil Rights Act says, ”No person in the United States shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefit of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” 42 U.S.C.§2000d
What does Title VI not do?
Does not apply to Federal assistance provided through insurance or guaranty contracts, (e.g. FHA loan insurance).
Does not apply to employment, except where employment practices result in discrimination against program beneficiaries or where the purpose of the Federal assistance is to provide employment.
Does not apply to direct benefit programs such as Social Security.
Does not apply only to contracts and set-aside programs.
How many summonses do the Division of Business Services process annually?
The Division of Business Services processes over 13,800 summonses annually.
How does Title VI apply to Public Policy?
Title VI is a mechanism that directs the federal financial assistance, which drives or promotes economic development. By legislative mandate, Title VI examines the following public policy issues:
Accessibility for all persons
Infrastructure development
Accountability in public funds expenditures
Minority participation in decision making
Disparate impact
Program service delivery
Economic empowerment
Public-Private partnerships in part or whole with public funds
Environmental Justice
Site and location of facilities
How can I check on the status of a request for issuance of Service of Process?
The Service of Process Search allows you to check on the status of a Service of Process issuance by the defendant’s last name (or company name if a company) or by court docket number. This database reflects all non-archived processes served through the Tennessee Secretary of State as of three working days prior to the requested date. Service of Process records are archived on an annual basis.
What reason might a Service of Process filing be rejected by the Division of Business Services?
A Service of Process filing may be rejected for many reasons. Some of the most common reasons are:
An insufficient number of copies of the summons are submitted (an original and one certified copy are required for each defendant).
An address for an out-of-state defendant is not provided.
The defendant and/or agent for Service of Process has a Tennessee address requiring Service of Process by the Sheriff of the county of the defendant and/or agent not by the Secretary of State.
The $20.00 filing fee is not enclosed.
The check, bank draft, or money order is not made payable to the “Tennessee Secretary of State.”
The original and/or certified copy of the summons is not signed by the Clerk or Deputy Clerk.
The Clerk’s certified stamp, seal, or imprint is not affixed to the summons.
The process is to be served on an insurance company requiring Service of Process through the Commissioner of the Tennessee Department of Commerce and Insurance.
The action is instituted in a court outside Tennessee.
What “Programs or Activities” are covered by Title VI?
To ensure the broad, institution wide application of Title VI and other civil rights statutes Congress passed The Civil Rights Restoration Act of 1987. This act clarifies the definition of “programs and activities” covered by the nondiscrimination provisions of civil rights statutes. The revised definition states that discrimination is prohibited throughout an entire agency or institution, if any part of that agency or institution receives Federal financial assistance.
Examples:
(A) a department, agency, special purpose district, or other instrumentality of a state or local government; or (B) the entity of such state or local government that distributes such assistance and each such department or agency (and each other state or local government entity) to which the assistance is extended, in the case of assistance to a state or local government;
(A) a college, university, or other postsecondary institution, or a public system of education; or system of vocational education, or other school system.
Title VI applies to discrimination throughout an agency, not just to actions involving the federally assisted program. Therefore, if an agency receives any federal financial assistance for any program or activity the entire agency is required to comply with Title VI, not just that particular program. Example: The Harriet Tubman Express program receives money from HUD, the agency /division that Harriet Tubman Express programs are under (Health Services) must also be in compliance with Title VI rules and regulations.
What is Federal Financial Assistance?
Federal financial assistance means more than just money. It is also aid that enhances the ability to improve or expand allocation of a recipient’s own resources.
Examples:
Student aid (releases recipient’s funds for other uses)
Training of employees (permits better use of the employer)