Page 719 TITLE 29—LABOR § 1816

(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) of

this section 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) of this section.

(c) Judicial review procedures applicable

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.

(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.)

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, as amended, 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 of Title 7, Agriculture, and was repealed by Pub.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).

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment 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.

§ 1814. Transfer or assignment; expiration; renewal

(a) Transfer or assignment prohibited

A certificate of registration may not be transferred or assigned.

(b) Expiration; renewals

(1) Unless earlier suspended or revoked, a certificate shall expire twelve months from the

date of issuance, except that (A) certificates issued under this chapter during the period beginning December 1, 1982, and ending November 30,

1983, may be issued for a period of up to twentyfour months for the purpose of an orderly transition to registration under this chapter, (B) a

certificate may be temporarily extended by the

filing of an application with the Secretary at

least thirty days prior to its expiration date,

and (C) the Secretary may renew a certificate

for additional twelve-month periods or for periods in excess of twelve months but not in excess

of twenty-four months.

(2) Eligibility for renewals for periods of more

than twelve months shall be limited to farm

labor contractors who have not been cited for a

violation of this chapter, or any regulation

under this chapter, or the Farm Labor Contractor Registration Act of 1963 [7 U.S.C. 2041 et

seq.], or any regulation under such Act, during

the preceding five years.

(Pub. L. 97–470, title I, §104, Jan. 14, 1983, 96 Stat.

2589.)

REFERENCES IN TEXT

The Farm Labor Contractor Registration Act of 1963,

referred to in subsec. (b)(2), is Pub. L. 88–582, Sept. 7,

1964, 78 Stat. 920, as amended, 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.

§ 1815. Notice of address change; amendment of

certificate of registration

During the period for which the certificate of

registration is in effect, each farm labor contractor shall—

(1) provide to the Secretary within thirty

days a notice of each change of permanent

place of residence; and

(2) apply to the Secretary to amend the certificate of registration whenever the farm

labor contractor intends to—

(A) engage in another farm labor contracting activity,

(B) use, or cause to be used, another vehicle than that covered by the certificate to

transport any migrant or seasonal agricultural worker, or

(C) use, or cause to be used, another real

property or facility to house any migrant

agricultural worker than that covered by

the certificate.

(Pub. L. 97–470, title I, §105, Jan. 14, 1983, 96 Stat.

2589.)

§ 1816. Repealed. Pub. L. 99–603, title I,

§ 101(b)(1)(C), Nov. 6, 1986, 100 Stat. 3372

Section, Pub. L. 97–470, title I, §106, Jan. 14, 1983, 96

Stat. 2589, prohibited employment of illegal aliens.

EFFECTIVE DATE OF REPEAL

Repeal 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