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

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

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

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Source location: Title 29, Chapter 20, § 1816; chapter-020-migrant-and-seasonal-agricultural-worker-protection.md

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**(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, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1324a/a&num=0&edition=prelim). **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section554&num=0&edition=prelim). 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** Any person against whom an order has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the order was based. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by [section 706(2)(E) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section706/2/E&num=0&edition=prelim). Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28.

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

5 U.S.C. § 554 — Adjudications

**(a)** This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved— (1) a matter subject to a subsequent trial of the law and the facts de novo in a court; (2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under [section 3105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim); (3) proceedings in which decisions rest solely on inspections, tests, or elections; (4) the conduct of military or foreign affairs functions; (5) cases in which an agency is acting as an agent for a court; or (6) the certification of worker representatives. **(b)** Persons entitled to notice of an agency hearing shall be timely informed of— (1) the time, place, and nature of the hearing; (2) the legal authority and jurisdiction under which the hearing is to be held; and (3) the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. **(c)** The agency shall give all interested parties opportunity for— (1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and (2) to the extent that the parties are unable so to determine a controversy by consent, heari

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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. § 1812 — Definitions

As used in this chapter— (1) The term “agricultural association” means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (2) The term “agricultural employer” means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker. (3) The term “agricultural employment” means employment in any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 203(f)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/f&num=0&edition=prelim)), or [section 3121(g) of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3121/g&num=0&edition=prelim) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state. (4) The term “day-haul operation” means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day. (5) The term “employ” has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 ([29 U.S.C. 203(g)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203/g&num=0&edition=prelim)) for the purposes of implementing the requirements of that Ac

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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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8 U.S.C. § 1101 — Definitions

**(a)** As used in this chapter— (1) The term “administrator” means the official designated by the Secretary of State pursuant to [section 1104(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1104/b&num=0&edition=prelim). (2) The term “advocates” includes, but is not limited to, advises, recommends, furthers by overt act, and admits belief in. (3) The term “alien” means any person not a citizen or national of the United States. (4) The term “application for admission” has reference to the application for admission into the United States and not to the application for the issuance of an immigrant or nonimmigrant visa. (5) The term “Attorney General” means the Attorney General of the United States. (6) The term “border crossing identification card” means a document of identity bearing that designation issued to an alien who is lawfully admitted for permanent residence, or to an alien who is a resident in foreign contiguous territory, by a consular officer or an immigration officer for the purpose of crossing over the borders between the United States and foreign contiguous territory in accordance with such conditions for its issuance and use as may be prescribed by regulations. Such regulations shall provide that (A) each such document include a biometric identifier (such as the fingerprint or handprint of the alien) that is machine readable and (B) an alien presenting a border crossing identification card is not permitted to cross over the border into the United States unless the biometric identifier contained on the card matches the appropriate biometric characteristic of the alien. (7) The term “clerk of court” means a clerk of a naturalization court. (8) The terms “Commissioner” and “Deputy Commissioner” mean the Co

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

29 U.S.C. § 1816 — Untitled legal text

Page 748 TITLE 29—LABOR § 1814 an individual occurring on or after first day of seventh month beginning after Nov. 6, 1986, see section 101(b)(2) of Pub. L. 99–603, as amended, set out as a note under section 1802 of this title. 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. § 1814. Transfer or assignment; expiration; re- newal (a) Transfer or assignment prohibited A certificate of registration may not be trans- ferred or assigned. (b) Expiration; renewals (1) Unless earlier suspended or revoked, a cer- tificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this chapter during the period be- ginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twen- ty-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 peri- ods 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 Con- tractor 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.) Editorial Notes REFERENCES IN TEXT The Farm Labor Contractor Registration Act of 1963, refe

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7 U.S.C. § 2041 — Untitled legal text

Page 1395 TITLE 7—AGRICULTURE §§ 2041 to 2055 Editorial Notes REFERENCES IN TEXT The Food and Nutrition Act of 2008, referred to in subsecs. (a) and (c), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables. CODIFICATION Section was enacted as part of the Agricultural Act of 2014, and not as part of the Food and Nutrition Act of 2008 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ ‘‘Secretary’’ means the Secretary of Agriculture, see section 9001 of this title. § 2036d. Pilot projects to encourage the use of public-private partnerships committed to ad- dressing food insecurity (a) In general The Secretary may, on application of eligible entities, approve not more than 10 pilot projects to support public-private partnerships that ad- dress food insecurity and poverty. (b) Definitions For purposes of this section— (1) the term ‘‘eligible entity’’ means— (A) a nonprofit organization; (B) a community-based organization; (C) an institution of higher education; or (D) a private entity, as determined by the Secretary; and (2) the term ‘‘public agency’’ means a de- partment, agency, other unit, or instrumen- tality of Federal, State, or local government. (c) Project requirements Projects approved under this section shall— (1) be limited to 2 years in length; and (2) include a collaboration between one or more public agencies and one or more eligible entities that— (A) improves the effectiveness and impact of the supplemental nutrition assistance program; (B) develops food security solutions that are specific to the needs of a com

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