29 U.S.C. § 1813 — Registration determinations

Page 747 TITLE 29—LABOR § 1813 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 fa- cility 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 avail- able to accept service of summons in any ac- tion against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavail- able to accept service. (Pub. L. 97–470, title I, § 102, Jan. 14, 1983, 96 Stat. 2587.) 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. § 1813. Registration determinations (a) Grounds for refusal to issue or renew, sus- pension, 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 hold- er— (1) has knowingly made any misrepresenta- tion in the application for such certificate; (2) is not the real party in interest in the ap- plication 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 cer- tificate; (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 Reg- istration 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, dis- tribution or possession of alcoholic bev- erages, 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, pros- titution, peonage, or smuggling or harboring individuals who have entered the United States illegally; or (6) has been found to have violated para- graph (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, sus- pension, or revocation. In such hearing, all issues shall be determined on the record pursu- ant to section 554 of title 5. If no hearing is re- quested as herein provided, the refusal, suspen- sion, 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 va- cate 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 sec- tion may obtain review by the United States district court for any district in which he is lo- cated 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 unsup- ported by substantial evidence as provided by section 706(2)(E) of title 5. Any final decision, order, or judgment of such District Court con- cerning such review shall be subject to appeal as provided in chapter 83 of title 28. (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.) Editorial Notes REFERENCES IN TEXT The Farm Labor Contractor Registration Act of 1963, referred to in subsec. (a)(4), is Pub. L. 88–582, Sept. 7, 1964, 78 Stat. 920, which was classified generally to chapter 52 (§ 2041 et seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97–470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of this title. AMENDMENTS 1986—Subsec. (a)(6). Pub. L. 99–603 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–603 applicable to employ- ment, recruitment, referral, or utilization of services of 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, referred to in subsec. (b)(2), is Pub. L. 88–582, Sept. 7, 1964, 78 Stat. 920, which was classified generally to chapter 52 (§ 2041 et seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97–470, title V, § 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of this title. 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. § 1815. Notice of address change; amendment of certificate of registration During the period for which the certificate of registration is in effect, each farm labor con- tractor 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 cer- tificate of registration whenever the farm labor contractor intends to— (A) engage in another farm labor con- tracting activity, (B) use, or cause to be used, another vehi- cle than that covered by the certificate to transport any migrant or seasonal agricul- tural 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.) 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. § 1816. Repealed. Pub. L. 99–603, title I, § 101(b)(1)(C), Nov. 6, 1986, 100 Stat. 3372 Section, Pub. L. 97–470, title I, § 106, Jan. 14, 1983, 96 Stat. 2589, prohibited employment of illegal aliens. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal applicable to employment, recruitment, refer- ral, or utilization of services of 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 an Effective Date of 1986 Amend- ment note under section 1802 of this title. SUBCHAPTER II—MIGRANT AGRICULTURAL WORKER PROTECTIONS § 1821. Information and recordkeeping require- ments (a) Written disclosure requirements imposed upon recruiters Each farm labor contractor, agricultural em- ployer, and agricultural association which re- cruits any migrant agricultural worker shall as- certain and disclose in writing to each such worker who is recruited for employment the fol- lowing information at the time of the worker’s recruitment: (1) the place of employment; (2) the wage rates to be paid; (3) the crops and kinds of activities on which the worker may be employed; (4) the period of employment; (5) the transportation, housing, and any other employee benefit to be provided, if any, and any costs to be charged for each of them; (6) the existence of any strike or other con- certed work stoppage, slowdown, or interrup- tion of operations by employees at the place of employment; (7) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers; and (8) whether State workers’ compensation in- surance is provided, and, if so, the name of the State workers’ compensation insurance car- rier, the name of the policyholder of such in-