§ 1813. — Registration determinations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC1813]
TITLE 29--LABOR
CHAPTER 20--MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
SUBCHAPTER I--FARM LABOR CONTRACTORS
Sec. 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.
(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, Sec. 103, Jan. 14, 1983, 96 Stat. 2588; Pub.
L. 99-603, title I, Sec. 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 (Sec. 2041 et
seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97-470, title
V, Sec. 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.
