California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 6 - Division of Labor Standards Enforcement › Subchapter 14 - Foreign Labor Contractor Registration › Article 2 - Registration › Section 13853 - Application for Registration as a Foreign Labor Contractor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To register as a Foreign Labor Contractor, the applicant
						shall complete, sign and submit a written physical application for registration
						(DLSE 701) and provide the items and documents pursuant to the respective
						registration requirements as specified in this article by mail to: Labor
						Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street, Suite
						401, Oakland, CA 94612, or by email at foreignlaborcon@dir.ca.gov. The
						applicant shall certify under penalty of perjury that the information provided
						on the registration form, any supplementary documents, and any other
						information submitted by the applicant in support of the registration is true
						and correct. 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. The Labor Commissioner may make an online application
						available.
(a) The application for
					 registration (DLSE 701) shall indicate whether the application is for a new
					 (initial) registration or a renewal application and shall further contain the
					 following information to be provided by the applicant:
(1) The full legal name, identity of the
					 legal form or type of ownership of the foreign labor contractor business
					 (individual/sole proprietor, partnership, corporation, limited liability
					 company, or other business entity).
(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 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. If applicable,
					 a foreign business' main physical address shall similarly provide full
					 information regarding the applicant's physical location in a foreign country,
					 business telephone number, and, mobile telephone number.
(4) If the current contact information
					 subsequently changes, the applicant must immediately, but no later than ten
					 (10) days thereafter, advise the Labor Commissioner of the change.
(5) Domestic and international locations
					 where applicant is doing business (city, state, and country).
(6) The following information identifying and
					 providing contact information of individuals who have financial interests in
					 the applicant's business:
(A) If the applicant
					 is an individual (sole proprietor), that individual's full name, date of birth,
					 driver's license number, Social Security number or Taxpayer Identification
					 number, physical home address, mailing address, if different (include foreign
					 address and identification number, if applicable), business telephone and
					 mobile telephone number.
(B) If
					 applicant is a corporation, the date of incorporation and the name, date of
					 birth, driver's license number, Social Security number or Taxpayer
					 Identification number, physical home address, mailing address, if different
					 (include foreign address and identification number, if applicable), business
					 telephone and mobile telephone number of each corporate officer, and ownership
					 percentage, if any, of each officer. If a foreign corporation incorporated or
					 organized outside of California, also provide the date a Statement and
					 Designation by Foreign Corporation (Form S&DC-S/N) was filed with the
					 Secretary of State.
(C) If
					 applicant is a partnership, the date the partnership was created and the name,
					 date of birth, driver's license number, Social Security number or Taxpayer
					 Identification number, physical home address, mailing address, if different
					 (include foreign address and identification number, if applicable), business
					 telephone and mobile telephone number, and ownership percentage of each
					 partner.
(D) If applicant is a
					 limited liability company (LLC), the date of filing the articles of
					 organization, and the name, date of birth, driver's license number, Social
					 Security number or Taxpayer Identification number, physical home address,
					 mailing address, if different (include foreign address and identification
					 number, if applicable), business telephone and mobile telephone number, and
					 ownership percentage of each member.
(7) Indicate whether the applicant will
					 utilize the services of any other registered foreign labor contractor to
					 recruit or solicit foreign workers.
(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
					 (include foreign address, if applicable) and telephone number, Social Security
					 number or Tax Identification number, and foreign labor contractor registration
					 number;
(B) If no, state any other
					 individual or entity who will perform these activities on applicant's behalf
					 which includes, but is not limited to, employees of the applicant and provide
					 the information listed in subdivision (A) for each identified person or
					 entity.
(8) The names and
					 physical addresses, mailing address, if different (include foreign address, if
					 applicable), email address, business telephone and mobile telephone number of
					 all businesses with whom the applicant plans to contract in the next twelve
					 (12) months and, if applying for registration renewal, with whom the applicant
					 has contracted during the past two years.
(9) Indicate whether the applicant's foreign
					 labor contracting operation will be conducted in connection with any other
					 business, and, if so, the type of business and name, physical addresses,
					 mailing address, if different (include foreign address, if applicable), email
					 address, business telephone and mobile telephone number of the other
					 business.
(10) Indicate any
					 license, registration, or permit issued pursuant to any state or federal law,
					 or law of a foreign country, that any person or entity identified under
					 subdivisions (a)(1), (a)(2), and (a)(6) of this section has obtained within the
					 last 5 years.
(11)
(A) Indicate whether any person or entity
					 identified under subdivisions (a)(1), (a)(2), and (a)(6) of this section,
					 within the last 5 years:
(i) owes payroll
					 taxes, personal, partnership or corporate income taxes, Social Security taxes,
					 or disability insurance taxes;
(ii)
					 has plead guilty or nolo contendere to or been convicted of a crime involving
					 fraud or misrepresentation, 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;
(iii) has had any
					 license, registration, or permit issued pursuant to any state or federal law,
					 or law of a foreign country that was suspended, revoked or denied, or has had
					 any disciplinary action whatsoever of any nature imposed upon him, her, or it
					 in connection with the holding of a license or permit.
(B) If any person or entity identified in
					 subdivision (A) above falls within subdivisions (i) through (iii), 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,
					 local, or foreign country), and the disposition, if any, of the
					 matter.
(12) Indicate the
					 total number of employees the applicant will employ, if applicable, and provide
					 state and federal tax employer identification numbers, or similar employer
					 identification number required by a taxing authority in a foreign
					 country.
(13) Total gross annual
					 receipts for the applicant which amount shall not account for any deductions
					 for expenses, as specified in Section
					 13857(b).
(14) The name, address, business telephone
					 number and mobile telephone number of an agent or representative designated by
					 the applicant to speak on behalf of the applicant for purposes of communicating
					 with DLSE personnel.
(15) Attest to
					 express certification statements regarding obligations which are acknowledged
					 and made when submitting an application that the applicant:
(A) Agrees to comply with Labor Code section
					 3700, if
					 applicable, which requires every employer to be insured against liability for
					 workers' compensation.
(B) Is aware
					 of and agrees to comply with the provisions of Business and Professions Code
					 section
					 9998.1.5(b)(3)(A)
					 to deposit a surety bond with the Labor Commissioner and maintain an effective
					 bond at all times during the period of registration.
(C) Agrees, as a condition of being
					 registered as a foreign labor contractor by the Labor Commissioner, to keep the
					 Commissioner informed of any change in the registrant's address and other
					 contact information within ten (10) days of any change.
(D) Consents, pursuant to Business and
					 Professions Code section
					 9998.1.5(b)(1)(C),
					 to the designation of the Labor Commissioner by an appropriate civil court of
					 the Commissioner as the registrant's agent to accept service of summons in any
					 action against a registrant in the event that applicant has left the
					 jurisdiction in which the action is commenced or otherwise become unavailable
					 to accept service.
(E) Is aware of
					 the responsibilities as registrant and agrees to operate as a foreign labor
					 contractor in compliance with all applicable provisions of law, including the
					 Business and Professions Code and applicable regulations; and specifically,
					 certifies that the applicant has not been found by a court, the Secretary of
					 Labor, or the Labor Commissioner to have violated provisions of any of the
					 following:
(i) The federal Trafficking Victims
					 Protection Act of 2000 (Division A,
					 Public Law
					 106-386), as amended.
(ii) Requirements under Labor Code sections
					 1682 through
					 1699,
					 inclusive, which and apply to persons subject to farm labor contractor license
					 laws, including the prerequisites to obtaining a license.
(iii) Penal Code section
					 236.1, relating
					 to human trafficking.
(iv)
					 Requirements of any federal guest worker program.
(F) Certifies that applicant has provided all
					 facts required by the Labor Commissioner to make its determination to register
					 a foreign labor contractor as to the applicant's character, competency,
					 responsibility, and the manner and means in which the applicant proposes to
					 conduct operations.
(G) Is aware of
					 the provisions of the Business and Professions Code and applicable regulations
					 regarding grounds for revocation, suspension, refusal to renew, or grant
					 registration to operate as a foreign labor contractor, and that a violation for
					 failure to comply with all registration requirements applicable to foreign
					 labor contractors will subject a registrant to denial of an application
					 (initial or renewal), revocation, suspension.
(H) Is aware that any material
					 misrepresentation or omission 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
					 registration.