The Administrator or authorized representative shall:
(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]
