(a) Initial certificates of farm labor contractors and farm labor
contractor employees. (1) An initial certificate issued under the Act
and these regulations shall expire twelve months from the
date of issuance unless earlier suspended or revoked.
(2) Certificates applied for during the period beginning April 14,
1983, and ending November 30, 1983, may be issued for a period of up to
twenty-four months for the purpose of an orderly transition to
registration under the Act.
(3) Certificates issued to employees of farm labor contractors shall
expire at the suspension, revocation or expiration of the farm labor
contractor's Certificate of Registration under which such employee was
authorized.
(b) Certificate renewal of farm labor contractors and farm labor
contractor employees. (1) A certificate issued under the Act and these
regulations may be temporarily extended by the filing of a properly
completed and signed application with the Secretary at least thirty days
prior to the expiration date. ``Filing'' may be accomplished by hand
delivery, certified mail, or regular mail.
(i) If the application for renewal is filed by regular mail or if it
is delivered in person by the applicant, it must be received by the
Department of Labor or an authorized representative of the Department of
Labor at least 30 days prior to the expiration date shown on the current
certificate.
(ii) If the application for renewal is filed by certified mail, it
must be mailed at least 30 days prior to the expiration date shown on
the current certificate.
Where timely application for renewal has been filed, the authority to
operate pursuant to a valid certificate under the Act and these
regulations shall continue until the renewal application has been
finally determined by the Secretary.
(2) A certificate issued under the Act and these regulations may be
renewed by the Secretary for additional twelve-month periods or for
periods in excess of twelve months but not in excess of twenty-four
months.
(3) Eligibility for renewals of certificates for more than twelve
months under the Act and these regulations shall be limited to those
farm labor contractors and farm labor contractor employees who have not
been cited during the preceding five years for a violation of the Act or
any regulation under the Act, or the Farm Labor Contractor Registration
Act or any regulation under such Act.
(c) Continuation of certain FLCRA certificates. (1) Certificates
issued under FLCRA, and in effect on April 14, 1983, that are valid for
the services performed under FLCRA, will be continued in effect and be
accepted as authorization to perform like services under the Act and
these regulations for the remainder of calendar year 1983. Such
certificates will be subject to the Act and these regulations with
respect to determinations to suspend, revoke or refuse renewal.
(2) Actions pending related to the suspension, revocation, or
refusal to issue or renew FLCRA certificates shall continue through to a
final determination. Any such certificate which is considered to be in
effect under title 29 CFR 40.21 pending a final determination, will be
considered valid under MSPA, provided application for a certificate
under MSPA is made no later than November 30, 1983.
[48 FR 36741, Aug. 12, 1983, as amended at 54 FR 13329, Mar. 31, 1989]
