§1813 Registration determinations

Summary

The Secretary may refuse to give, renew, suspend, or cancel a registration certificate (including a farm labor contractor employee certificate) if the applicant or holder did things like: lie on the application; use someone else as the real applicant who is disqualified; break this law or its rules; fail to pay a court judgment or obey a final order under this law or the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.); be convicted within the last five years of certain crimes connected to farm labor contracting (including gambling or alcohol offenses in that work, or felonies such as robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, narcotics violations, murder, rape, serious assault, prostitution, peonage, or smuggling/harboring illegal entrants); or be found to have violated paragraph (1) or (2) of section 1324a(a) of title 8. A person who gets a notice of refusal, suspension, or cancellation has thirty days from that notice to ask for an agency hearing. Hearings are on the record under section 554 of title 5 and start with an administrative law judge. If no hearing is asked for, the action is final and cannot be appealed. The Secretary can change or cancel the judge’s decision within thirty days. After a final agency order, the person may file a notice of appeal in a U.S. district court within thirty days and must mail a copy to the Secretary. The Secretary will file the case record. The Secretary’s findings can be set aside only if unsupported by substantial evidence under section 706(2)(E) of title 5. District court rulings can be appealed as in chapter 83 of title 28.