California Code of Regulations › Title 4 - Business Regulations › Division 9 - Division of Measurement Standards, Department of Food and Agriculture › Chapter 12 - Administration › Article 3 - Applicant Verification Regulations › Section 4900 - Limitations on Licensure of Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All
				  eligibility requirements contained herein shall be applied without regard to
				  the race, creed, color, gender, religion, or national origin of the individual
				  applying for the public benefit. This section shall apply to any natural person
				  applying to the Department of Food and Agriculture for issuance or renewal of a
				  license listed in subsection (b) of this regulation.
(b) Pursuant to Section
				  411 of the Personal Responsibility
				  and Work Opportunity Reconciliation Act of 1996, (PRAWORA) (Pub. L. No.
				  104-193), (8 U.S.C.S. §
										1621), and notwithstanding any
				  other provision of this division, aliens who are not qualified aliens,
				  nonimmigrant aliens under the Immigration and Nationality Act (INA) (8 U.S.C.S.
				  §
										1101
et seq
.), or
				  aliens paroled into the United States under Section
				  212(d)(5) of the
				  INA (8 U.S.C.S. §
										1182 (d)(5)), for
				  less than one year, are not eligible to receive or hold licenses or
				  registrations issued by the California Department of Food and Agriculture (the
				  "Department"), Division of Measurement Standards for "county sealer," "deputy
				  county sealer," "inspector," "device repairman," "device repair service" or
				  "weighmaster" as set forth in Business and Professions Code Sections
				  12203,
				  12532
				  or
				  12703,
				  except as provided in 8 U.S.C.S. Section
				  1621(c)(2). For
				  the purposes of this regulation, the term "license" includes any license,
				  registration or other indicia of authority issued by the Division of
				  Measurement Standards pursuant to the statutes listed in this
				  subsection.
(c) A qualified alien
				  is an alien who, at the time he or she applies for, receives, or attempts to
				  receive a license, is, under Section
				  431(b) & (c)
				  of the PRAWORA (8 U.S.C.S. §
										1641(b)), any of
				  the following:
(1) An alien lawfully admitted
				  for permanent residence under the INA (8 U.S.C.S. §
											1101
et
				  seq
.).
(2) An alien who is
				  granted asylum under Section
				  208 of the INA (8 U.S.C.S. §
											1158).
(3) A refugee who is admitted to the United
				  States under Section
				  207 of the INA (8 U.S.C.S. §
											1157).
(4) An alien who is paroled into the United
				  States under Section
				  212(d)(5) of the
				  INA (8 U.S.C.S. §
											1182(d)(5)) for a
				  period of at least one year.
(5) An
				  alien whose deportation is being withheld under Section
				  243(h) of the INA
				  (8 U.S.C.S. §
											1253(h)) (as in
				  effect immediately before the effective date of
				  Section
				  307 of division C of
				  Public Law
				  104-208) or Section
				  241(b)(3) of such
				  Act (8 U.S.C.S. §
											1251(b)(3)) (as
				  amended by Section
				  305(a) of division C of
				  Public Law
				  104-208).
(6) An alien who is granted conditional entry
				  pursuant to Section
				  203(a)(7) of the
				  INA as in effect prior to April 1, 1980. (8 U.S.C.S. §
											1153(a)(7)) (See
				  editorial note under 8 U.S.C.S. §
											1101, "Effective Date of 1980
				  Amendment.")
(7) An alien who is a
				  Cuban or Haitian entrant (as defined in Section
				  501(e) of the
				  Refugee Education Assistance Act of 1980 (8 U.S.C.S. §
											1522 note)).
(8) An alien who meets all of the conditions
				  of subparagraphs (A), (B), (C) and (D) below:
(A) The alien has been battered or subjected
				  to extreme cruelty in the United States by a spouse or a parent, or by a member
				  of the spouse's or parent's family residing in the same household as the alien,
				  and the spouse or parent of the alien consented to, or acquiesced in, such
				  battery or cruelty. For purposes of this subsection, the term "battered or
				  subjected to extreme cruelty" includes, but is not limited to being the victim
				  of any act or threatened act of violence including any forceful detention,
				  which results or threatens to result in physical or mental injury. Rape,
				  molestation, incest (if the victim is a minor), or forced prostitution shall be
				  considered as acts of violence.
(B)
				  There is a substantial connection between such battery or cruelty and the need
				  for the license to be issued or retained, in the opinion of the Department. For
				  purposes of this subsection, the following circumstances demonstrate a
				  substantial connection between the battery or cruelty and the need for the
				  license:
1. The license is needed to enable
				  the alien to become self-sufficient following separation from the
				  abuser.
2. The license is needed to
				  enable the alien to escape the abuser and/or the community in which the abuser
				  lives, or to ensure the safety of the alien from the abuser.
3. The license is needed due to a loss of
				  financial support resulting from the alien's separation from the
				  abuser.
4. The license is needed
				  because the battery or cruelty, separation from the abuser, or work absences or
				  lower job performance resulting from the battery or extreme cruelty or from
				  legal proceedings relating thereto (including resulting child support, child
				  custody, and divorce actions) cause the alien to lose his or her job or to earn
				  less or to require the alien to leave his or her job for safety
				  reasons.
5. The license is needed
				  because the alien requires medical attention or mental health counseling, or
				  has become disabled, as a result of the battery or extreme cruelty.
6. The license is needed because the loss of
				  a dwelling or source of income or fear of the abuser following separation from
				  the abuser jeopardizes the alien's ability to care for his or her children
				  (e.g., inability to house, feed, or clothe children or to put children into day
				  care for fear of being found by the abuser).
7. The license is needed to alleviate
				  nutritional risk or need resulting from the abuse or following separation from
				  the abuser.
8. The license is
				  needed to provide medical care during a pregnancy resulting from the abuser's
				  sexual assault or abuse of, or relationship with, the alien and/or to care for
				  any resulting children.
9. Where
				  medical coverage and/or health care services are needed to replace medical
				  coverage or health care services the alien had when living with the
				  abuser.
(C) The alien has
				  a petition that has been approved or has a petition pending which sets forth a
				  prima facie case for:
1. status as a spouse
				  or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of
				  Section 204(a)(1)(A) of
				  the INA (8 U.S.C.S. §
													1154(a)(1)(A)(ii), (iii) or
				  (iv)),
2. classification pursuant to clause (ii) or
				  (iii) of Section
				  204(a)(1)(B) of
				  the INA (8 U.S.C.S. §
													154(a)(1)(B)(ii) or
				  (iii)),
3. suspension of deportation and adjustment
				  of status pursuant to section
				  244(a)(3) of the
				  INA (8 U.S.C.S. sec.
				  1254) as in effect prior to April
				  1, 1997 [Pub.L.
				  104-208,
				  §
														501 (effective Sept. 30, 1996, pursuant to
				  §
													591);
				  Pub.L.
				  104-208,
				  §
														304 (effective April 1, 1997, pursuant to
				  §
													309);
				  Pub.L.
				  105-33,
				  §
														5581 (effective pursuant to §
													5582)] (incorrectly codified as
				  "cancellation of removal under Section
				  240 A of such Act [8 U.S.C.S.
				  §
													1229 b] (as in effect prior to
				  April 1, 1997).
4. status as a
				  spouse or child of a United States citizen pursuant to clause (i) of Section
				  204(a)(1)(A) of
				  the INA (8 U.S.C.S. §
													1154(a)(1)(A)(i))
				  or classification pursuant to clause (i) of Section
				  204(a)(1)(B) of
				  the INA (8 U.S.C.S. §
													1154(a)(1)(B)(i)),
				  or
5. cancellation of removal
				  pursuant to Section
				  204 A(b)(2) of the INA (8 U.S.C.S.
				  §
													1229 b(b)(2)).
(D) For the term of the license, the
				  individual responsible for the battery or cruelty does not reside in the same
				  household or family eligibility unit as the individual subjected to the battery
				  or cruelty.
(9) An alien
				  who meets all of the conditions of subparagraphs (A), (B), (C), (D) and (E)
				  below:
(A) The alien has a child who has been
				  battered or subjected to extreme cruelty in the United States by a spouse or a
				  parent of the alien (without the active participation of the alien in the
				  battery or cruelty), or by a member of the spouse's or parent's family residing
				  in the same household as the alien, and the spouse or parent consented or
				  acquiesced to such battery or cruelty. For purposes of this subsection, the
				  term "battered or subjected to extreme cruelty" includes, but is not limited
				  to, being the victim of any act or threatened act of violence including any
				  forceful detention, which results or threatens to result in physical or mental
				  injury. Rape, molestation, incest (if the victim is a minor), or forced
				  prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in
				  such battery or cruelty.
(C) There
				  is a substantial connection between such battery or cruelty and the need for
				  the license to be issued or retained, in the opinion of the Department. For
				  purposes of this subsection, the following circumstances demonstrate a
				  substantial connection between the battery or cruelty and the need for the
				  license:
1. The license is needed to enable
				  the alien's child to become self-sufficient following separation from the
				  abuser.
2. The license is needed to
				  enable the alien's child to escape the abuser and/or the community in which the
				  abuser lives, or to ensure the safety of the alien's child from the
				  abuser.
3. The license is needed
				  due to a loss of financial support resulting from the alien's child's
				  separation from the abuser.
4. The
				  license is needed because the battery or cruelty, separation from the abuser,
				  or work absences or lower job performance resulting from the battery or extreme
				  cruelty or from legal proceedings relating thereto (including resulting child
				  support, child custody, and divorce actions) cause the alien's child to lose
				  his or her job or to earn less or to require the alien's child to leave his or
				  her job for safety reasons.
5. The
				  license is needed because the alien's child requires medical attention or
				  mental health counseling, or has become disabled, as a result of the battery or
				  extreme cruelty.
6. The license is
				  needed because the loss of a dwelling or source of income or fear of the abuser
				  following separation from the abuser jeopardizes the alien's child's ability to
				  care for his or her children (e.g., inability to house, feed, or clothe
				  children or to put children into day care for fear of being found by the
				  abuser).
7. The license is needed
				  to alleviate nutritional risk or need resulting from the abuse or following
				  separation from the abuser.
8. The
				  license is needed to provide medical care during a pregnancy resulting from the
				  abuser's sexual assault or abuse of, or relationship with, the alien's child
				  and/or to care for any resulting children.
9. Where medical coverage and/or health care
				  services are needed to replace medical coverage or health care services the
				  alien's child had when living with the abuser.
(D) The alien meets the requirements of
				  subsection (c)(8)(C) above.
(E) For
				  the term of the license, the individual responsible for the battery or cruelty
				  does not reside in the same household or family eligibility unit as the
				  individual subjected to the battery or cruelty.
(10) An alien child who meets all of the
				  conditions of subparagraphs (A), (B) and (C) below:
(A) The alien child resides in the same
				  household as a parent who has been battered or subjected to extreme cruelty in
				  the United States by that parent's spouse or by a member of the spouse's family
				  residing in the same household as the parent and the spouse consented or
				  acquiesced to such battery or cruelty. For purposes of this subsection, the
				  term "battered or subjected to extreme cruelty" includes, but is not limited
				  to, being the victim of any act or threatened act of violence including any
				  forceful detention, which results or threatens to result in physical or mental
				  injury. Rape, molestation, incest (if the victim is a minor), or forced
				  prostitution shall be considered acts of violence.
(B) There is a substantial connection between
				  such battery or cruelty and the need for the license to be issued or retained,
				  in the opinion of the Department. For purposes of this subsection, the
				  following circumstances demonstrate a substantial connection between the
				  battery or cruelty and the need for the license:
1. The license is needed to enable the alien
				  child's parent to become self-sufficient following the separation from the
				  abuser.
2. The license is needed to
				  enable the alien child's parent to escape the abuser and/or the community in
				  which the abuser lives, or to ensure the safety of the alien child's parent
				  from the abuser.
3. The license is
				  needed due to a loss of financial support resulting from the alien child's
				  parent's separation from the abuser.
4. The license is needed because the battery
				  or cruelty, separation from the abuser, or work absences or lower job
				  performance resulting from the battery or extreme cruelty or from legal
				  proceedings relating thereto (including resulting child support, child custody,
				  and divorce actions) cause the alien child's parent to lose his or her job or
				  to earn less or to require the alien child's parent to leave his or her job for
				  safety reasons.
5. The license is
				  needed because the alien child's parent requires medical attention or mental
				  health counseling, or has become disabled, as a result of the battery or
				  extreme cruelty.
6. The license is
				  needed because the loss of a dwelling or source of income or fear of the abuser
				  following separation from the abuser jeopardizes the alien child's parent's
				  ability to care for his or her children (e.g., inability to house, feed, or
				  clothe children or to put children into day care for fear of being found by the
				  abuser).
7. The license is needed
				  to alleviate nutritional risk or need resulting from the abuse or following
				  separation from the abuser.
8. The
				  license is needed to provide medical care during a pregnancy resulting from the
				  abuser's sexual assault or abuse of, or relationship with, the alien child's
				  parent and/or to care for any resulting children.
9. Where medical coverage and/or health care
				  services are needed to replace medical coverage or health care services the
				  alien child's parent had when living with the abuser.
(C) The alien child meets the requirements of
				  subsection (c)(8)(C) above.