§1813 Registration Determinations

Summary

The Secretary can deny, refuse to renew, suspend, or cancel a registration certificate for a farm labor contractor or a contractor’s employee. That can happen if the applicant or holder knowingly lied on the application; if someone else really should be the registrant and that person is disqualified; if they broke this law or its rules; if they failed to pay a court judgment or follow a final order under this law or the Farm Labor Contractor Registration Act; if they were convicted in the past five years of gambling- or alcohol-related crimes tied to farm labor contracting or of certain felonies (for example robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, drug violations, murder, rape, serious assaults, prostitution, peonage, or smuggling/harboring unlawfully entered persons); or if they violated certain immigration employment rules under 8 U.S.C. 1324a(a)(1) or (2). Anyone denied, suspended, or revoked gets a chance for an agency hearing if they ask within 30 days after the notice. The hearing record follows section 554 of Title 5. If no hearing is asked for, the action is final and cannot be appealed. If there is a hearing, an administrative law judge issues an initial decision that becomes final unless the Secretary changes it and gives notice within 30 days. After a final agency order, the person may appeal to a U.S. district court where they live or to the District of Columbia by filing an appeal within 30 days and sending a copy by registered mail to the Secretary. The Secretary must file the case record, and the court will set aside the Secretary’s findings only if they are not supported by substantial evidence under 5 U.S.C. 706(2)(E). Appeals from the district court follow chapter 83 of Title 28.