Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) In determining whether an applicant
possesses satisfactory character, competency and responsibility, the Labor
Commissioner shall consider all information submitted in connection with the
application or otherwise obtained by the Labor Commissioner during the review
of an application. Information regarding past conduct, including criminal
history, substantially related to working conditions shall be examined to
determine an applicant's character, competency, and responsibility. Conduct or
conviction of a crime is substantially related to working conditions if it
evidences present or potential unfitness of an applicant to perform the
functions authorized by the license in a manner consistent with the
requirements of the Labor Code. The conduct or convictions considered
substantially related to working conditions shall include, but not be limited
to, the following:
(1) Any final
determination regarding a violation of a provision of the Labor Code or Title 8
of the California Code of Regulations;
(2) Crimes or acts involving dishonesty,
fraud, deceit, or theft with the intent to substantially benefit oneself or
another or to substantially harm another;
(3) Crimes involving physical violence
against persons within the last 7 years; or
(4) Crimes or other acts that indicate a
substantial or repeated disregard for the wages, health, safety, or welfare of
employees. "Other acts" include but are not limited to, actions or conduct
involving violations of law determined to be willful, repeated, or serious
within the meaning of the applicable statutory scheme and shall constitute a
"substantial or repeated disregard" for purposes of this
section.
(b) When
considering whether an applicant who falls within subdivision (a) has the
character, competency and responsibility to be licensed as a farm labor
contractor, the Labor Commissioner shall consider whether the applicant has
been rehabilitated. When considering whether the applicant has been
rehabilitated, the Labor Commissioner will consider the following criteria:
(1) For a felony conviction that is
substantially related to the qualifications, functions, or duties of a
licensee, seven (7) years have passed from the time of release from
incarceration or completion of probation without the occurrence of additional
criminal activity.
(2) For
misdemeanor convictions that are substantially related to the qualifications,
functions, or duties of a licensee, three (3) years have passed from the time
of release from incarceration or completion of probation without the occurrence
of additional criminal activity.
(3) For other act(s) that are substantially
related to the qualifications, functions, or duties of a licensee, three (3)
years have passed from the time of commission of the act(s), without the
occurrence of additional act(s) substantially related to the qualifications,
functions, or duties of a licensee.
(4) The amount of time needed to demonstrate
rehabilitation under this subdivision may be increased or decreased by taking
into account the following:
(A) The nature and
severity of the crime(s) or act(s) that are under consideration;
(B) Evidence of any crime(s) or act(s)
committed subsequent to the crime(s) or act(s) that are under consideration as,
or that were, the grounds for denial, suspension, or revocation, which also
could be considered as grounds for denial, suspension, or revocation.
(C) Evidence that applicant has successfully
completed the period of parole or probation and complied with its restitution
terms and all other sanctions lawfully imposed against the applicant.
(D) Consistent work history subsequent to the
release from incarceration, or the completion of probation if no incarceration
was imposed, subsequent to the time of commission of the act(s).
(E) Documents or testimony from credible
individuals who have personal knowledge of the applicant's life and activities
subsequent to the time of commission of the crime(s) or act(s) who can attest
to the applicant's or licensee's present fitness for licensure.
(F) Other relevant evidence, if any, of
rehabilitation submitted by the applicant or licensee. For example, relevant
evidence may include evidence of recovery from drug and/or alcohol addiction or
abuse or completion of a drug and/or alcohol aversion program if the crime(s)
or act(s) related to or involved drug and/or alcohol use; or evidence of
completion of an anger management program if the crime(s) or act(s)
demonstrated the applicant's or licensee's inability to control one's
temper.
(c) No
farm labor contractor license shall be issued to any applicant who has an
unsatisfied final judgment of a court or a final decision of an administrative
agency that would be covered by the surety bond deposited by the farm labor
contractor pursuant to Labor Code sections 273(c) or
1684(a)(3).
1. New
section filed 5-30-2014; operative 7-1-2014 (Register 2014, No.
22).
Note: Authority cited: Section
1699, Labor Code. Reference:
Sections 273,
1684 and
1699, Labor
Code.
