§1813 — Title 29 Labor | U.S. Code

Summary

The Secretary can refuse to give, refuse to renew, suspend, or cancel a farm labor contractor registration, including registrations for employees of a farm labor contractor, if the applicant or holder: (1) lied on the application; (2) is not the real person in control and that real person is disqualified; (3) did not follow this law or its rules; (4) failed to pay a court judgment or failed to obey a final order under this law or the Farm Labor Contractor Registration Act of 1963; (5) within the last 5 years was convicted of certain crimes related to gambling or alcohol tied to farm labor work, or of serious felonies such as robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, narcotics crimes, murder, rape, serious assault, prostitution, peonage, or smuggling/harboring people who entered the U.S. illegally; or (6) was found to have violated parts (1) or (2) of 8 U.S.C. 1324a(a). A person who is refused, suspended, or canceled has 30 days from the notice to ask for an agency hearing. If no hearing is asked for, the action becomes final and cannot be appealed. If a hearing is asked for, an administrative law judge makes the first decision. The Secretary can change that decision within 30 days. After a final order, the person may appeal to a U.S. district court within 30 days and must send a copy to the Secretary by registered mail. The Secretary must file the case record. A court can overturn the Secretary’s findings only if they lack substantial evidence as described in section 706(2)(E) of title 5. Further appeals follow chapter 83 of title 28.

Title 29, §1813

Labor — Source: USLM XML via OLRC

(a)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 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.

(b)(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. 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)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. 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.

Notes & Related Subsidiaries

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 AmendmentAmendment by Pub. L. 99–603 applicable to employment, recruitment, referral, 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 a note under section 1802 of this title.

Effective Date

Section effective 90 days from Jan. 14, 1983, see section 524 of Pub. L. 97–470, set out as a note under section 1801 of this title.

§1813 Registration Determinations

Summary

Title 29, §1813

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata