Collapse to view only § 1816. Repealed.
- § 1811. Certificate of registration required
- § 1812. Issuance of certificate of registration
- § 1813. Registration determinations
- § 1814. Transfer or assignment; expiration; renewal
- § 1815. Notice of address change; amendment of certificate of registration
- § 1816. Repealed.
§ 1811. Certificate of registration required
(a) Persons engaged in any farm labor contracting activity
(b) Hire, employ, or use of any individual to perform farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violations
(c) Possession and exhibition of certificate
(d) Refusal or failure to produce certificate
(Pub. L. 97–470, title I, § 101, Jan. 14, 1983, 96 Stat. 2587.)
§ 1812. Issuance of certificate of registration
The Secretary, after appropriate investigation and approval, shall issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any person who has filed with the Secretary a written application containing the following:
(1) a declaration, subscribed and sworn to by the applicant, stating the applicant’s permanent place of residence, the farm labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require;
(2) a statement identifying each vehicle to be used to transport any migrant or seasonal agricultural worker and, if the vehicle is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with the requirements of section 1841 of this title with respect to each such vehicle;
(3) a statement identifying each facility or real property to be used to house any migrant agricultural worker and, if the facility or real property is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with section 1823 of this title with respect to each such facility or real property;
(4) a set of fingerprints of the applicant; and
(5) a declaration, subscribed and sworn to by the applicant, consenting to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.
(Pub. L. 97–470, title I, § 102, Jan. 14, 1983, 96 Stat. 2587.)
§ 1813. Registration determinations
(a) Grounds for refusal to issue or renew, suspension, or revocation of certificateIn accordance with regulations, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) if the applicant or holder—
(1) has knowingly made any misrepresentation in the application for such certificate;
(2) is not the real party in interest in the application or certificate of registration and the real party in interest is a person who has been refused issuance or renewal of a certificate, has had a certificate suspended or revoked, or does not qualify under this section for a certificate;
(3) has failed to comply with this chapter or any regulation under this chapter;
(4) has failed—
(A) to pay any court judgment obtained by the Secretary or any other person under this chapter or any regulation under this chapter or under the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.] or any regulation under such Act, or
(B) to comply with any final order issued by the Secretary as a result of a violation of this chapter or any regulation under this chapter or a violation of the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act;
(5) has been convicted within the preceding five years—
(A) of any crime under State or Federal law relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any farm labor contracting activities; or
(B) of any felony under State or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, prostitution, peonage, or smuggling or harboring individuals who have entered the United States illegally; or
(6) has been found to have violated paragraph (1) or (2) of section 1324a(a) of title 8.
(b) Administrative review procedures applicable
(1) The person who is refused the issuance or renewal of a certificate or whose certificate is suspended or revoked under subsection (a) shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of the refusal, suspension, or revocation. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5. If no hearing is requested as herein provided, the refusal, suspension, or revocation shall constitute a final and unappealable order.
(2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).
(c) Judicial review procedures applicable
(Pub. L. 97–470, title I, § 103, Jan. 14, 1983, 96 Stat. 2588; Pub. L. 99–603, title I, § 101(b)(1)(B), Nov. 6, 1986, 100 Stat. 3372.)
§ 1814. Transfer or assignment; expiration; renewal
(a) Transfer or assignment prohibited
(b) Expiration; renewals
(1) Unless earlier suspended or revoked, a certificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this chapter during the period beginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twenty-four months for the purpose of an orderly transition to registration under this chapter, (B) a certificate may be temporarily extended by the filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may renew a certificate for additional twelve-month periods or for periods in excess of twelve months but not in excess of twenty-four months.
(2) Eligibility for renewals for periods of more than twelve months shall be limited to farm labor contractors who have not been cited for a violation of this chapter, or any regulation under this chapter, or the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.], or any regulation under such Act, during the preceding five years.
(Pub. L. 97–470, title I, § 104, Jan. 14, 1983, 96 Stat. 2589.)
§ 1815. Notice of address change; amendment of certificate of registrationDuring the period for which the certificate of registration is in effect, each farm labor contractor shall—
(1) provide to the Secretary within thirty days a notice of each change of permanent place of residence; and
(2) apply to the Secretary to amend the certificate of registration whenever the farm labor contractor intends to—
(A) engage in another farm labor contracting activity,
(B) use, or cause to be used, another vehicle than that covered by the certificate to transport any migrant or seasonal agricultural worker, or
(C) use, or cause to be used, another real property or facility to house any migrant agricultural worker than that covered by the certificate.
(Pub. L. 97–470, title I, § 105, Jan. 14, 1983, 96 Stat. 2589.)
§ 1816. Repealed. Pub. L. 99–603, title I, § 101(b)(1)(C), Nov. 6, 1986, 100 Stat. 3372