California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 9 - Farm Labor Contractors › Article 1 - Application for Farm Labor Contractor License › Section 13660 - Application for License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To apply for a Farm Labor Contractor license pursuant to
						Labor Code section
						1684, the
						applicant shall complete, sign, and submit an online application along with
						required items and documents at DLSE's website
						(https://permits.dir.ca.gov/FLC_External/) for any initial or new license or
						license renewal. Alternatively, an applicant may submit to DLSE a complete and
						signed physical application for a new or initial license (DLSE 401-N), a
						regular license renewal (DLSE 401-R), or a short-form license renewal (DLSE
						401-S) and provide the items and documents pursuant to the respective
						application requirements as specified in this article. The applicant shall
						certify under penalty of perjury that the information provided on the
						application form, any supplementary documents, and any other information
						submitted by the applicant in support of the application is true and correct
						and executed by signature. If the place of execution is outside California, the
						certification must be sworn before a notary public or other officer authorized
						to take oaths and affirmations.
(a)
					 The application for an initial or new license (online form or DLSE 401-N) shall
					 contain the following information to be provided by the applicant:
(1) If the applicant is an individual (sole
					 proprietor), that individual's name, date of birth, driver's license number,
					 and Social Security number. If applicant is a corporation, the date of
					 incorporation. If applicant is a partnership, the date the partnership was
					 created and the name, date of birth, driver's license number, and Social
					 Security number of each partner. If applicant is a limited liability company
					 (LLC) the date of filing the articles of organization.
(2) All names under which the applicant is
					 doing business as or has done business as within the previous three
					 years;
(3) Current physical
					 business address (number, street, city or town, county, state, zip code) and
					 preferred mailing address if different than physical business address,
					 preferred email address, and home physical address of the applicant (if a sole
					 proprietor), for each partner in a partnership, each member of an LLC, or each
					 corporate officer of a corporation. If the current address information
					 subsequently changes, the applicant must immediately, but no later than five
					 (5) days thereafter, advise the Labor Commissioner of the change;
(4) Main business telephone number and mobile
					 telephone number used in conducting business;
(5) A copy of the Migrant and Seasonal Worker
					 Protection Act (29 U.S.C.
					 section 1811) certificate of registration
					 that has been issued to applicant, if the applicant is required to register as
					 a farm labor contractor under federal law;
(6) Identity of the legal form or type of
					 ownership of the farm labor contractor business (individual/sole proprietor,
					 partnership, corporation, limited liability company, or other business entity).
(A) If individual or sole proprietor
					 ownership, the full name of the owner, physical home address, mailing address,
					 if different, business telephone and mobile telephone number of owner, and
					 designation of an agent for service of process, if applicable, including
					 physical address and business telephone number and mobile telephone number of
					 the designated agent for service of process;
(B) If partnership, the full name, physical
					 home address, mailing address, if different, and business telephone number and
					 mobile telephone number of each partner used in conducting business;
(C) If corporation or LLC, the full name,
					 titles, physical home address, mailing address, if different, business
					 telephone number and mobile telephone number of each corporate officer,
					 managing agent and LLC member, and indicate whether the corporation or LLC is
					 in good standing with the Secretary of State;
(D) If a foreign corporation incorporated or
					 organized outside of California, in addition to the information required under
					 (C), provide the date a Statement and Designation by Foreign Corporation (form
					 S&DC-STK/NP) was filed with the Secretary of State.
(7) For all persons, except bona fide
					 salaried employees, or entities with a financial interest in the applicant's
					 business, including but not limited to partnerships, corporations, LLCs or
					 other business entities, the name and address of the person or entity and a
					 statement of the person or entity's percentage of financial or profit-sharing
					 interest in the applicant's business.
(8) Indicate whether the applicant will
					 utilize the services of any other individual or entity to recruit, solicit,
					 hire, furnish, employ, or transport agricultural workers, which includes but is
					 not limited to, foremen and crew bosses.
(A)
					 If yes, state for each individual or entity who will perform any of these
					 activities (i) the person or other entity's name, current physical address and
					 telephone number, Social Security number, and farm labor contractor license
					 number, if applicable, (ii) whether each individual or entity identified has at
					 any time within the last 10 years held a farm labor contractor license, and
					 (iii) provide federal certificate of registration issued by the U.S. Department
					 of Labor if the individual or entity is required to register under federal
					 law.
(B) If no, state who will
					 perform these activities.
(9) The names and physical addresses, mailing
					 address, if different, and email address of all growers with whom the applicant
					 plans to contract in the near future and, if applicable, with whom the
					 applicant has contracted during the past three years;
(10) The name and title of the person who
					 will take the written examination for the applicant and whether the person
					 prefers to take the examination in English or Spanish;
(11) State whether the applicant intends to
					 maintain a labor camp, lodging house, or other housing for workers. If yes,
					 state the physical address of the location of the housing, the local agency
					 which issued a license or permit to house workers, and the effective dates of
					 such license or permit;
(12)
					 Indicate that applicant will not sell or propose to sell intoxicating liquors,
					 including wine or beer, on the premises where the applicant operates;
(13) Indicate whether the applicant has
					 submitted to the Internal Revenue Service a tax information authorization form
					 (IRS Form 8821);
(14) Indicate
					 whether the applicant intends to provide transportation to employees, and:
(A) For each vehicle to be used for this
					 purpose, identify the owner, make, model and year, body type and capacity,
					 license plate number, vehicle identification number (VIN), and name, address,
					 and telephone number of the automobile liability insurance carrier;
(B) Identify the name, address, and driver's
					 license number of each individual who will operate any vehicle to provide
					 transportation;
(C) For any
					 additional vehicle which is subsequently sought to be used for the
					 transportation of employees which is not identified on the application, the
					 additional vehicle must be registered with DLSE not later than 7 days prior to
					 use of the vehicle for transportation of workers. For vehicles which are
					 subsequently registered, applicant or licensee must provide a copy of the
					 liability insurance coverage, and DMV certification, if applicable, for
					 operators, as required under subdivision (b)(10) and (11).
(15) Indicate whether applicant's farm labor
					 contractor operation will be conducted in connection with any other business
					 and, if so, the type of business and name, address, and telephone number of the
					 other business;
(16)
(A) Indicate whether any person identified
					 under subdivisions (a)(6) and (a)(7) of this section, within the last 10 years:
(i) owes any delinquent unpaid
					 wages;
(ii) has any unpaid
					 judgments outstanding;
(iii) owes
					 payroll taxes, personal, partnership or corporate income taxes, Social Security
					 taxes, or disability insurance taxes;
(iv) has plead guilty or nolo contendere to
					 or been convicted of a crime substantially related to working conditions or
					 workers' health or safety, either misdemeanor or felony. The term convicted
					 includes instances in which there was a suspension of sentence and probation
					 granted, and where judicial dismissal proceedings under Penal Code section
					 1203.4 et seq.
					 were undertaken;
(v) has had any
					 license or permit issued pursuant to the Labor Code or Business and Professions
					 Code, or both, that was suspended, revoked, or denied, or has had any
					 disciplinary action of any nature whatsoever imposed upon him, her, or it in
					 connection with the holding of a license or permit;
(vi) has violated or willfully aided or
					 abetted any person in the violation of any law in the State of California
					 regulating employment in agriculture, the payment of wages to farm employees,
					 or the conditions, terms or places of employment affecting the health and
					 safety of farm employees which are applicable to business activities or
					 operations of the licensee in his or her capacity as a farm labor
					 contractor.
(B) If any
					 person or entity identified in subdivision (A) above falls within subdivisions
					 (i) through (vi), the applicant shall submit an explanation regarding the
					 incident and documentation supporting the explanation, including but not
					 limited to, description of the violation or charge, date of incident, court or
					 agency name (federal, state or local), and the disposition, if any, of the
					 matter.
(17) Applicant
					 shall submit a list including the name and addresses of any of the following
					 relatives who the applicant knows has previously applied for or held a farm
					 labor contractor license and whether the license was denied or revoked within
					 the last 10 years: spouse, domestic partner, brother, brother-in law, sister,
					 sister-in-law, cousin, cousin-in-law, father, father-in-law, mother, mother-in
					 law, son, son-in-law, daughter, or daughter-in-law, aunt, or uncle of the
					 applicant if the applicant is an individual, of a partner if applicant is a
					 partnership, and of an officer or shareholder if applicant is a corporation,
					 LLC, or other business entity.
(18)
					 Indicate the total number of employees the applicant will employ, and provide
					 his or her state and federal tax employer identification numbers.
(19) Total gross annual revenue for the
					 applicant.
(20) The name and
					 address of an agent or representative designated by the applicant to speak on
					 behalf of the applicant for purposes of communicating with DLSE
					 personnel.
(21) Attest to express
					 certification statements regarding obligations which are acknowledged and made
					 when submitting an application that the applicant:
(A) Agrees to comply with the provisions of
					 Labor Code section
					 3700 which
					 require every employer to be insured against liability for workers
					 compensation.
(B) Is aware of and
					 agrees to comply with the provisions of Labor Code section
					 1684(a)(3)
					 to deposit with the Labor Commissioner and maintain a current surety
					 bond.
(C) Agrees, in the event the
					 transportation is provided for employees, to carry public liability insurance
					 on each vehicle used, as required by subdivision (b)(10) and to ascertain that
					 all individuals providing transportation are legally licensed and competent to
					 transport employees.
(D) Agrees, as
					 a condition of being licensed as a farm labor contractor by the Labor
					 Commissioner, to keep the Commissioner informed of any change in the licensee's
					 address and other contact information.
(E) Consents, pursuant to Labor Code section
					 1684(a)(1)(C),
					 to the designation of the Labor Commissioner by an appropriate civil court as
					 the licensee's agent to accept service of summons in any action against a
					 licensee relating to their activities as a farm labor contractor in the event
					 that applicant has left the jurisdiction in which the action is commenced or
					 otherwise become unavailable to accept service.
(F) Is aware of the responsibilities as
					 licensee and agrees to operate as a farm labor contractor in compliance with
					 the provisions of the California Labor Code and applicable regulations,
					 including provision of adequate safeguards for health and safety of workers and
					 proper payment to workers; and specifically:
(i) is aware of all applicable worker safety
					 requirements related to agricultural working conditions, including heat illness
					 injury prevention and pesticide use and exposure, and will comply with all
					 applicable requirements; and
(ii)
					 will provide all protective measures, materials and equipment necessary to
					 comply with heat illness injury prevention requirements (see Title 8,
					 California Code of Regulations, section
					 3395) at each work site where work
					 is to be performed.
(G)
					 Certifies that applicant has provided all facts required by the Labor
					 Commissioner to make its determination to issue a license to operate as a farm
					 labor contractor as to the applicant's character, competency, responsibility,
					 and the manner in which the applicant proposes to conduct operations.
(H) Is aware of the provisions of the Labor
					 Code and applicable regulations regarding grounds for revocation, suspension,
					 refusal to renew, or issue a license to operate as a farm labor contractor, and
					 that a violation or failure to comply with all licensing requirements
					 applicable to farm labor contractors, including regulations in Title 8 of the
					 California Code of Regulations sections
					 13660 through
					 13667.4, inclusive, will subject a
					 licensee to denial of an application, revocation, suspension, or failure to
					 renew a license.
(I) Is aware that
					 any material misrepresentation made in connection with the information provided
					 on the application or other documents submitted relating to the application is
					 grounds for denial or subsequent revocation of a
					 license.