§ 1812 TITLE 29—LABOR Page 718

(b) Hire, employ, or use of any individual to perform farm labor contracting activities by

farm labor contractor; liability of farm labor

contractor for violations

A farm labor contractor shall not hire, employ, or use any individual to perform farm

labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm

labor contractor employer, which authorizes the

activity for which such individual is hired, employed, or used. The farm labor contractor shall

be held responsible for violations of this chapter

or any regulation under this chapter by any employee regardless of whether the employee possesses a certificate of registration based on the

contractor’s certificate of registration.

(c) Possession and exhibition of certificate

Each registered farm labor contractor and registered farm labor contractor employee shall

carry at all times while engaging in farm labor

contracting activities a certificate of registration and, upon request, shall exhibit that certificate 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 denied 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.)

REFERENCES IN TEXT

The Wagner-Peyser Act, referred to in subsec. (d), is

act June 6, 1933, ch. 49, 48 Stat. 113, as amended, 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.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1854 of this title.

§ 1812. Issuance of certificate of registration

The Secretary, after appropriate investigation

and approval, shall issue a certificate of registration (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 permanent place of residence, the farm labor contracting activities for which the certificate is

requested, and such other relevant information 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 section 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

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 facility 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 available to accept service of summons in any action against the applicant, if the applicant has

left the jurisdiction in which the action is

commenced or otherwise has become unavailable to accept service.

(Pub. L. 97–470, title I, §102, Jan. 14, 1983, 96 Stat.

2587.)

§ 1813. Registration determinations

(a) Grounds for refusal to issue or renew, suspension, 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 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.