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29 U.S.C. § 1854 — Criminal sanctions

Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1854 — Criminal sanctions

**(a) Violations of chapter or regulations** Any person who willfully and knowingly violates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. **(b) Violations of [section 1324a(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/a&num=0&edition=prelim)** If a farm labor contractor who commits a violation of paragraph (1) or (2) of [section 1324a(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/a&num=0&edition=prelim) has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both.

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Source file: Laws/federal/codes/united-states-code/title-29/section-1854-criminal-sanctions--a5e5576dd2.md
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Source location: Title 29, Chapter 20, § 1854; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md

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**(a) Violations of chapter or regulations** Any person who willfully and knowingly violates this chapter or any regulation under this chapter shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this chapter or any regulation under this chapter, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both. **(b) Violations of [section 1324a(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/a&num=0&edition=prelim)** If a farm labor contractor who commits a violation of paragraph (1) or (2) of [section 1324a(a) of title 8](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/a&num=0&edition=prelim) has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1816 — Registration determinations

**(a) Grounds for refusal to issue or renew, suspension, or revocation of certificate** In 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2041&num=0&edition=prelim) 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,

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1802 — State laws and regulations

This chapter is intended to supplement State law, and compliance with this chapter shall not excuse any person from compliance with appropriate State law and regulation.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1801 — Agreements with Federal and State agencies

**(a) Scope of agreements** The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section. **(b) Delegation of authority pursuant to written State plan** Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which— (1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and (2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency’s performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.

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Federal law — U.S. Code and appendices · legal_authorities

29 U.S.C. § 1854 — Private right of action

Page 754 TITLE 29—LABOR § 1852 § 1852. Judicial enforcement (a) Injunctive relief The Secretary may petition any appropriate district court of the United States for tem- porary or permanent injunctive relief if the Sec- retary determines that this chapter, or any reg- ulation under this chapter, has been violated. (b) Control of civil litigation Except as provided in section 518(a) of title 28, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and rep- resent the Secretary in any civil litigation brought under this chapter, but all such litiga- tion shall be subject to the direction and control of the Attorney General. (Pub. L. 97–470, title V, § 502, Jan. 14, 1983, 96 Stat. 2596.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 90 days from Jan. 14, 1983, see sec- tion 524 of Pub. L. 97–470, set out as a note under sec- tion 1801 of this title. § 1853. Administrative sanctions (a) Civil money penalties for violations; criteria for assessment (1) Subject to paragraph (2), any person who commits a violation of this chapter or any regu- lation under this chapter, may be assessed a civil money penalty of not more than $1,000 for each violation. (2) In determining the amount of any penalty to be assessed under paragraph (1), the Sec- retary shall take into account (A) the previous record of the person in terms of compliance with this chapter and with comparable requirements of the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et seq.], and with regula- tions promulgated under this chapter and such Act, and (B) the gravity of the violation. (b) Administrative review (1) The person assessed shall be afforded an op- portunity for agency hearing, upon request made within

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