[Code of Federal Regulations] [Title 29, Volume 3] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 29CFR500.0] [Page 9-11] TITLE 29--LABOR CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of Contents Subpart A_General Provisions Sec. 500.0 Introduction. Subpart A_General Provisions Sec. 500.0 Introduction. 500.1 Purpose and scope. 500.2 Compliance with State laws and regulations. 500.3 Effective date of the Act; transition period; repeal of the Farm Labor Contractor Registration Act. 500.4 Effect of prior judgments and final orders obtained under the Farm Labor Contractor Registration Act. 500.5 Filing of applications, notices and documents. 500.6 Accuracy of information, statements and data. 500.7 Investigation authority of the Secretary. 500.8 Prohibition on interference with Department of Labor officials. 500.9 Discrimination prohibited. 500.10 Waiver of rights prohibited. 500.20 Definitions. Applicability of the Act: Exemptions 500.30 Persons not subject to the Act. Subpart B_Registration of Farm Labor Contractors and Employees of Farm Labor Contractors Engaged in Farm Labor Contracting Activities Registration Requirements: General 500.40 Registration in general. 500.41 Farm labor contractor is responsible for actions of his farm labor contractor employee. 500.42 Certificate of Registration to be carried and exhibited. 500.43 Effect of failure to produce certificate. Applications and Renewal of Farm Labor Contractor and Farm Labor Contractor Employee Certificates 500.44 Form of application. 500.45 Contents of application. 500.46 Filing an application. 500.47 Place for filing application. Action on Application 500.48 Issuance of certificate. 500.50 Duration of certificate. 500.51 Refusal to issue or to renew, or suspension or revocation of certificate. 500.52 Right to hearing. 500.53 Nontransfer of certificate. 500.54 Change of address. 500.55 Changes to or amendments of certificate authority. 500.56 Replacement of Certificate of Registration or Farm Labor Contractor Employee Certificate. Additional Obligations of Farm Labor Contractors and Farm Labor Contractor Employees 500.60 Farm labor contractors' recruitment, contractual and general obligations. 500.61 Farm Labor contractors must comply with all worker protections and all other statutory provisions. 500.62 Obligations of a person holding a valid Farm Labor Contractor Employee Certificate of Registration. Subpart C_Worker Protections General 500.70 Scope of worker protections. 500.71 Utilization of only registered farm labor contractors. 500.72 Agreements with workers. 500.73 Required purchase of goods or services solely from any person prohibited. Recruiting, Hiring and Providing Information to Migrant Agricultural Workers 500.75 Disclosure of information. Hiring and Providing Information to Seasonal Agricultural Workers 500.76 Disclosure of information. Employment Information Furnished 500.77 Accuracy of information furnished. 500.78 Information in foreign language. Wages and Payroll Standards 500.80 Payroll records required. 500.81 Payment of wages when due. Subpart D_Motor Vehicle Safety and Insurance for Transportation of Migrant and Seasonal Agricultural Workers, Housing Safety and Health for Migrant Workers Motor Vehicle Safety 500.100 Vehicle safety obligations. 500.101 Promulgation and adoption of vehicle standards. 500.102 Applicability of vehicle safety standards. 500.103 Activities not subject to vehicle safety standards. [[Page 10]] 500.104 Department of Labor standards for passenger automobiles and station wagons and transportation of seventy-five miles or less. 500.105 DOT standards adopted by the Secretary. Insurance 500.120 Insurance policy or liability bond is required for each vehicle used to transport any migrant or seasonal agricultural worker. 500.121 Coverage and level of insurance required. 500.122 Adjustments in insurance requirements when workers' compensation coverage is provided under State law. 500.123 Property damage insurance required. 500.124 Liability bond in lieu of insurance policy. 500.125 Qualifications and eligibility of insurance carrier or surety. 500.126 Duration of insurance or liability bond. 500.127 Limitations on cancellation of insurance or liability bond of registered farm labor contractors. 500.128 Cancellation of insurance policy or liability bond not relief from insurance requirements. Housing Safety and Health 500.130 Application and scope of safety and health requirement. 500.131 Exclusion from housing safety and health requirement. 500.132 Applicable Federal standards: ETA and OSHA housing standards. 500.133 Substantive Federal and State safety and health standards defined. 500.134 Compliance with State standards. 500.135 Certificate of housing inspection. Subpart E_Enforcement 500.140 General. 500.141 Concurrent actions. 500.142 Representation of the Secretary. 500.143 Civil money penalty assessment. 500.144 Civil money penalties--payment and collection. 500.145 Registration determinations. 500.146 Continuation of matters involving violations of FLCRA. 500.147 Continuation of matters involving violations of section 106 of MSPA. Agreements With Federal and State Agencies 500.155 Authority. 500.156 Scope of agreements with Federal agencies. 500.157 Scope of agreements with State agencies. 500.158 Functions delegatable. 500.159 Submission of plan. 500.160 Approved State plans. 500.161 Audits. 500.162 Reports. Central Public Registry 500.170 Establishment of registry. Subpart F_Administrative Proceedings General 500.200 Establishment of procedures and rules of practice. 500.201 Applicability of procedures and rules. Procedures Relating to Hearing 500.210 Written notice of determination required. 500.211 Contents of notice. 500.212 Request for hearing. Procedures Relating to Substituted Service 500.215 Change of address. 500.216 Substituted service. 500.217 Responsibility of Secretary for service. Rules of Practice 500.219 General. 500.220 Service of determinations and computation of time. 500.221 Commencement of proceeding. 500.222 Designation of record. 500.223 Caption of proceeding. Referral for Hearing 500.224 Referral to Administrative Law Judge. 500.225 Notice of docketing. 500.226 Service upon attorneys for the Department of Labor--number of copies. Procedures Before Administrative Law Judge 500.231 Appearances; representation of the Department of Labor. 500.232 Consent findings and order. Post-Hearing Procedures 500.262 Decision and order of Administrative Law Judge. Modification or Vacation of Order of Administrative Law Judge 500.263 Authority of the Secretary. 500.264 Procedures for initiating review. 500.265 Implementation by the Secretary. 500.266 Responsibility of the Office of Administrative Law Judges. 500.267 Filing and Service. 500.268 Final decision of the Secretary. 500.269 Stay pending decision of the Secretary. [[Page 11]] Record 500.270 Retention of official record. 500.271 Certification of official record. Authority: Pub. L. 97-470, 96 Stat. 2583 (29 U.S.C. 1801-1872); Secretary's Order No. 4-2001, 66 FR 29656. Source: 48 FR 36741, Aug. 12, 1983, unless otherwise noted. (a) The Migrant and Seasonal Agricultural Worker Protection Act (MSPA), hereinafter referred to as MSPA or the Act, repeals and replaces the Farm Labor Contractor Registration Act of 1963, as amended, hereinafter referred to as FLCRA or the Farm Labor Contractor Registration Act. Prior judgments and final orders obtained under FLCRA continue in effect as stated in Sec. 500.4. (b) These regulations include provisions necessitated by the Immigration Reform and Control Act's (IRCA) amendment to the Immigration and Nationality Act (INA). IRCA amended MSPA to remove section 106 thereof prohibiting the employment of illegal aliens. Matters concerning certificate actions or the assessment of civil money penalties, for a violation of section 106 of MSPA which occurred prior to June 1, 1987, continue through final administrative determination as stated in Sec. 500.147. [48 FR 36741, Aug. 12, 1983, as amended at 54 FR 13328, Mar. 31, 1989]