[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: 29CFR500.48]



[Page 22-23]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 500_MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION--Table of 

Contents

 

 Subpart B_Registration of Farm Labor Contractors and Employees of Farm 

     Labor Contractors Engaged in Farm Labor Contracting Activities

 

Sec.  500.48  Issuance of certificate.



    The Administrator or authorized representative shall:



[[Page 23]]



    (a) Review each application received and determine whether such 

application is complete and properly executed;

    (b) When appropriate, notify the applicant in writing of any 

incompleteness or error in the application and return the application 

for correction and completion;

    (c) Determine, after appropriate investigation, whether the 

applicant has complied with the requirements of the Act and these 

regulations, and if appropriate, issue a Certificate of



Registration or a Farm Labor Contractor Employee Certificate of 

Registration authorizing the performance of one or more activities 

permitted under the Act;

    (d) Authorize the activity of transporting a migrant or seasonal 

agricultural worker, subject to the maximum number of workers authorized 

to be transported under the vehicle liability policy and as indicated on 

the face of the Certificate of Registration, only upon receipt of:

    (1) A statement in the manner prescribed by the Secretary 

identifying each vehicle to be used, or caused to be used, by the 

applicant for the transportation of any migrant or seasonal agricultural 

worker during the period for which registration is sought;

    (2) Written proof that every such vehicle which is under the 

applicant's ownership or control, is in compliance with the vehicle 

safety requirements of the Act and these regulations; and

    (3) Written proof that every such vehicle is in compliance with the 

insurance requirements of the Act and these regulations;

    (e) Authorize the activity of driving a vehicle to transport a 

migrant or seasonal agricultural worker only upon receipt of (1) A 

doctor's certificate on the prescribed form, with an initial application 

for a Certificate of Registration or a Farm Labor Contractor Employee 

Certificate, and, when applying for a renewal, a new completed doctor's 

certificate if the previous doctor's certificate is more than three 

years old; and (2) evidence of a valid and appropriate license, as 

provided by State law, to operate the vehicle; and

    (f) Authorize the activity of housing a migrant agricultural worker 

only upon receipt of (1) A statement identifying each facility or real 

property to be used for housing a migrant agricultural worker during the 

period for which registration is sought; and (2) if the facility or real 

property is or will be owned or controlled by the applicant, written 

proof that the facility or real property complies with the applicable 

Federal and State standards of health and safety. Such written proof may 

be either a certification issued by a State or local health authority or 

other appropriate agency, or a copy of a written request for the 

inspection of a facility or real property made to the appropriate State 

or local agency at least forty-five days prior to the date on which the 

facility or real property is to be occupied by migrant agricultural 

workers, dated and signed by the applicant or other person who owns or 

controls the facility or real property. If housing authorization is 

issued based on a written request for inspection and the housing 

facility or real property is subsequently inspected and does not meet 

the appropriate standards, the housing authorization is null and void. 

Should the required written proof for housing authorization be 

unavailable at the time of filing an application, the applicant must 

attest in writing that the applicant will not house any migrant 

agricultural worker in any facility or real property owned or controlled 

by the applicant, until such applicant shall have submitted all 

necessary written proof and obtained a Farm Labor Contractor Certificate 

of Registration showing that housing in the facility or real property is 

authorized by the Secretary of Labor. In such event, if otherwise 

eligible, the applicant will be issued a Certificate of Registration 

without a housing authorization. This certificate may be amended to 

include an authorization to house at such time as the required proof is 

forthcoming.



[48 FR 36741, Aug. 12, 1983, as amended at 61 FR 24865, May 16, 1996]