New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter II - DIVISION OF LABOR STANDARDS
Subchapter I - Certification For Recruitment And Employment Of Farm Workers
Part 197 - Regulation Relating To The Granting Of Farm Labor Contractor Certificates Of Registration, Migrant Labor Registration Certificates, And Farm Labor Camp Commissary Permits
Section 197.4 - Issuance, denial and revocation of permits and certificates

Universal Citation: 12 NY Comp Codes Rules and Regs § 197.4

Current through Register Vol. 45, No. 52, December 27, 2023

(a) Based on information contained in the application and on the results of investigation and hearing, if a hearing is held, the commissioner shall issue or deny an application for a farm labor contractor certificate, a farm labor camp commissary permit, or a migrant labor certificate.

(b) The commissioner may revoke, suspend or refuse to issue or renew a certificate or permit:

(1) if he finds that the applicant or permit or certificate holder has violated the Labor Law, or has been convicted of any crime or offense related to his activity under the certificate or permit, or involves an unreasonable risk to the safety or welfare of employees or the public, or has made misrepresentations or false statements in his application, or has given false or misleading information to workers who are recruited or hired, or is not a person of good character or responsibility, or is not in fact the real party in interest in any such application or certificate of registration;

(2) upon notification by the State Department of Health that the applicant or permit or certificate holder has failed to comply with the State sanitary code for migrant labor camps (10 NYCRR Part 15).

(c) The commissioner shall not refuse to issue, nor shall he suspend or revoke, a certificate or permit unless an opportunity to be heard, as provided in section 197.11 of this Part, has been given to the applicant or permit or certificate holder; provided, however, that pending the determination of such hearing the commissioner may temporarily suspend a certificate or permit if, in his opinion, its suspension for such period is necessary to effectuate the purposes of the Labor Law and this Part.

(d) The commissioner or his authorized representative shall have the right to inquire, by investigation or hearing, into the circumstances surrounding the use of the permit or certificate in order that a determination can be made as to the issuance or denial of a certificate or permit. The investigation and hearing may include but shall not be limited to questioning of the applicant and other probable parties of interest. Failure by the applicant to fully disclose other parties of interest shall be sufficient cause for denial of the application.

(e) If a certificate or permit is denied or revoked, the applicant may not submit an application for a new certificate or permit until 24 months have elapsed from the date of the denial or revocation, provided that, for good cause shown, the commissioner may reduce the disqualification period. A previously denied applicant must submit any new application at least 90 days prior to the date when the applicant plans to perform services in New York State.

(f) A farm labor contractor certificate, migrant labor certificate or farm labor camp commissary permit shall be valid from the date of issuance until the following March 30th, unless earlier revoked as provided in subdivision (b) of this section. A certificate or permit may not be assigned or transferred.

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