(1) CERTIFICATE OF
REGISTRATION.
(a) A person shall apply
annually to the department for issuance or renewal of a certificate of
registration to engage in activities as a migrant labor contractor on a form
prescribed by the department or on the form used to comply with
29 USC
1811(a). The fee for
issuance or renewal of the certificate of registration shall be $100.
Note: Section
103.91 (1),
Stats., prohibits a person from engaging in activities as a migrant labor
contractor unless the person obtains a certificate of registration from the
department. Section 103.91 (3),
Stats., requires a certificate to be renewed annually.
(b) The department shall review and make a
determination on a person's application under par. (a) within 20 working days
after the application is received. The department may extend the time period
for making a determination in order to determine whether s.
103.91 (4) (b), (c), or
(d), Stats., applies to the person.
Note: Sections
103.91 (4) (b), (c), and
(d), Stats., specify the circumstances for
denying, suspending, revoking, or not renewing a certificate of registration to
engage in activities as a migrant labor contractor based on delinquencies in
child or family support, taxes, or unemployment insurance
contributions.
(c) If the
department refuses to issue a certificate of registration to engage in migrant
labor contractor activities to a person or suspends, revokes, or refuses to
renew a person's certificate of registration to engage in migrant labor
contractor activities, the person may, within 20 days of the date of the
refusal, suspension, or revocation, file a written request for a hearing under
s.
DWD
301.135. The request shall specify the grounds for the
review and the relief sought.
(8) DUTIES. Every migrant labor contractor
shall do all of the following:
(a) Submit a
separate application for a migrant labor contractor employee identification
card on a form prescribed by the department or the form used to comply with
29 USC 1811
(b) for each officer, director, partner, or
agent of the migrant labor contractor at the time of application or within 10
days after hiring or contracting with such person.
(am) Provide to the department a copy of the
migrant labor contractor's certificate of registration as a farm labor
contractor issued pursuant to
29 USC 1811
(a) and the certificate of registration
issued to any individual hired, employed, or used by the migrant labor
contractor to perform farm labor contracting activities.
(b) Keep records that show all of the
following for each worker recruited:
1. Name
in full and home address.
2. All
fees and other consideration paid to the migrant labor contractor on account of
the labor or recruitment of the worker.
3. The cost to the migrant labor contractor
of goods and services provided to the worker.
4. All sums and the purpose for all sums
received from or on behalf of the worker.
(bm) Preserve the records specified in par.
(b) for a period of 3 years and make them available to the worker or the
department for inspection upon request.
(c) Provide a policy under s.
103.91 (8) (f),
Stats., the limits of which with respect to each vehicle shall be not less than
$100,000 for each seat in the vehicle, but in no event is the total insurance
required to be more than $5,000,000 for any one vehicle. For purposes of this
paragraph, the number of seats in the vehicle is the manufacturer's rated
capacity or, for vehicles fitted or customized after manufacture, the number of
seats prescribed in 29 CFR
500.105 (b) (3) (vi) (D).
This paragraph shall not apply if the migrant labor contractor furnishes
transportation only as the agent of an employer who has obtained a policy of
insurance against liability for damages arising out of the operation of motor
vehicles with coverage equivalent to the coverage required under this
paragraph.
(d) Provide a completed
Vehicle Mechanical Inspection Report Form WH-514 for each vehicle used to
transport individuals or property in connection with activities as a migrant
labor contractor.
Note: Form WH-514 is available for the U.S.
Department of Labor at
https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/wh514.pdf.
(e) Provide every worker recruited a written
work agreement as specified in ss.
103.90 to
103.97, Stats., and this
chapter. If recruitment of a worker is by telephone, the migrant labor
contractor shall provide the written work agreement as soon as reasonably
possible.