29 U.S.C. § 1812 — Issuance of certificate of registration

Page 746 TITLE 29—LABOR § 1811 tural employment, unless such full-time stu- dents or other individuals are required to be away from their permanent place of residence overnight or there are individuals under eight- een years of age who are providing transpor- tation on behalf of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricul- tural employment in accordance with clause (i) of this subparagraph by a person who is ex- empt under such clause. (H)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other in- dividuals whose principal occupation is not ag- ricultural employment to string or harvest shade grown tobacco and to engage in related and incidental agricultural employment, un- less there are individuals under eighteen years of age who are providing transportation on be- half of such person. (ii) Any person to the extent he is supplied with students or other individuals for agricul- tural employment in accordance with clause (i) of this subparagraph by a person who is ex- empt under such clause. (I) Any employee of any person described in subparagraphs (A) through (H) when per- forming farm labor contracting activities ex- clusively for such person. (b) Subchapter I of this chapter does not apply to any agricultural employer or agricultural as- sociation or to any employee of such an em- ployer or association. (Pub. L. 97–470, § 4, Jan. 14, 1983, 96 Stat. 2585.) Editorial Notes REFERENCES IN TEXT That Act, referred to in subsec. (a)(3)(B), is act June 23, 1947, ch. 120, 61 Stat. 136, known as the Labor Man- agement Relations Act, 1947, which is classified prin- cipally to chapter 7 (§ 141 et seq.) of this title. For com- plete classification of this Act to the Code, see section 141 of this title and Tables. 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. SUBCHAPTER I—FARM LABOR CONTRACTORS § 1811. Certificate of registration required (a) Persons engaged in any farm labor con- tracting activity No person shall engage in any farm labor con- tracting activity, unless such person has a cer- tificate of registration from the Secretary speci- fying which farm labor contracting activities such person is authorized to perform. (b) Hire, employ, or use of any individual to per- form farm labor contracting activities by farm labor contractor; liability of farm labor contractor for violations A farm labor contractor shall not hire, em- ploy, or use any individual to perform farm labor contracting activities unless such indi- vidual has a certificate of registration, or a cer- tificate of registration as an employee of the farm labor contractor employer, which author- izes the activity for which such individual is hired, employed, or used. The farm labor con- tractor shall be held responsible for violations of this chapter or any regulation under this chap- ter by any employee regardless of whether the employee possesses a certificate of registration based on the contractor’s certificate of registra- tion. (c) Possession and exhibition of certificate Each registered farm labor contractor and reg- istered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registra- tion and, upon request, shall exhibit that certifi- cate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee. (d) Refusal or failure to produce certificate The facilities and the services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser Act, shall be de- nied to any farm labor contractor upon refusal or failure to produce, when asked, a certificate of registration. (Pub. L. 97–470, title I, § 101, Jan. 14, 1983, 96 Stat. 2587.) Editorial Notes REFERENCES IN TEXT The Wagner-Peyser Act, referred to in subsec. (d), is act June 6, 1933, ch. 49, 48 Stat. 113, which is classified generally to chapter 4B (§ 49 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 49 of this title and Tables. 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. § 1812. Issuance of certificate of registration The Secretary, after appropriate investigation and approval, shall issue a certificate of reg- istration (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 perma- nent place of residence, the farm labor con- tracting activities for which the certificate is requested, and such other relevant informa- tion 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 sec- tion 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 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