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(d) Time for promulgation of regulations for stand
ards implementing requirements; revision of
standards The Secretary shall, by regulations promulgated in accordance with section 1861 of this title not later than the effective date of this chapter, prescribe the standards required for the purposes of implementing this section. Any subsequent revision of such standards shall also be accomplished by regulation promulgated in accordance with such section. (Pub. L. 97-470, title IV, $ 401, Jan. 14, 1983, 96 Stat. 2594.)
REFERENCES IN TEXT Part II of the Interstate Commerce Act, referred to in subsec. (b)(2)(C) and (3), which was classified to chapter 8 (8 301 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, $ 4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV ($ 10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49.
The effective date of this chapter, referred to in subsecs. (b)(2)(D) and (d), is the effective date of Pub. L. 97-470, which is ninety days from the date of enactment of Pub. L. 97-470, which was approved Jan. 14, 1983.
(B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall, in promulgating regulations under subparagraph (A), consider, among other factors,
(i) the type of vehicle used,
(iii) the distance which such workers will be carried in the vehicle,
(iv) the type of roads and highways on which such workers will be carried in the vehicle,
(v) the extent to which a proposed standard would cause an undue burden on agricultural employers, agricultural associations, or farm labor contractors.
(C) Standards prescribed by the Secretary under subparagraph (A) shall be in addition to, and shall not supersede or modify, any standard under part II of the Interstate Commerce Act (49 App. U.S.C. 301 et seq.), or any successor provision of subtitle IV of title 49, or regulations issued thereunder, which is independently applicable to transportation to which this section applies. A violation of any such standard shall also constitute a violation under this chapter.
(D) In the event that the Secretary fails for any reason to prescribe standards under subparagraph (A) by the effective date of this chapter, the standards prescribed under section 3102 of title 49, relating to the transportation of migrant workers, shall, for purposes of paragraph (1)A), be deemed to be the standards prescribed by the Secretary under this paragraph, and shall, as appropriate and reasonable in the circumstances, apply (1) without regard to the mileage and boundary line limitations contained in such section, and (ii) until superseded by standards actually prescribed by the Secretary in accordance with this paragraph.
(3) The level of the insurance required by paragraph (1)(C) shall be at least the amount currently required for common carriers of passengers under part II of the Interstate Commerce Act (49 App. U.S.C. 301 et seq.), and any successor provision of subtitle IV of title 49, and regulations prescribed thereunder. (c) Adjustments of insurance requirements in the
event of workers' compensation coverage If an agricultural employer, agricultural association, or farm labor contractor is the employ. er of any migrant or seasonal agricultural worker for purposes of a State workers' compensation law and such employer provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by such State law, the following adjustments in the requirements of subsection (b)(1)(C) of this section relating to having an insurance policy or liability bond apply:
(1) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law.
(2) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law.
CODIFICATION In subsec. (b)(2)(D), "section 3102 of title 49" was substituted for "section 204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a))" on authority of Pub. L. 97-449, $ 6(a), Jan. 12, 1983, 96 Stat. 2443, the first section of which enacted subtitle I (f 101 et seq.) and chapter 31 (3 3101 et seq.) of subtitle II of Title 49, Transportation.
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1812 of this title.
8 1842. Confirmation of registration
No person shall utilize the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the farm labor contractor possesses a certificate of registration which is valid and which authorizes the activity for which the contractor is utilized. In making that determination, the person may rely upon either possession of a certificate of registration, or confirmation of such registration by the Department of Labor. The Secretary shall maintain a central public registry of all persons issued a certificate of registration. (Pub. L. 97-470, title IV, § 402, Jan. 14, 1983, 96 Stat. 2595.)
8 1843. Information on employment conditions
Each farm labor contractor, without regard to any other provisions of this chapter, shall obtain at each place of employment and make available for inspection to every worker he furnishes for employment, a written statement of the conditions of such employment as described in sections 1821(b) and 1831(b) of this title. (Pub. L. 97-470, title IV, $ 403, Jan. 14, 1983, 96 Stat. 2595.)
8 1844. Compliance with written agreements
8 1853. Administrative sanctions (a) Applicability to contracting activity or worker (a) Civil money penalties for violations; criteria for protection
assessment No farm labor contractor shall violate, with- (1) Subject to paragraph (2), any person who out justification, the terms of any written
commits a violation of this chapter or any reguagreements made with an agricultural employ- lation under this chapter, may be assessed a er or an agricultural association pertaining to civil money penalty of not more than $1,000 for any contracting activity or worker protection each violation. under this chapter.
(2) In determining the amount of any penalty
to be assessed under paragraph (1), the Secre(b) Statutory liability
tary shall take into account (A) the previous Written agreements under this section do not record of the person in terms of compliance relieve a person of any responsibility that such with this chapter and with comparable requireperson would otherwise have under this chap- ments of the Farm Labor Contractor Registrater.
tion Act of 1963 [7 U.S.C. 2041 et seq.), and
with regulations promulgated under this chap(Pub. L. 97-470, title IV, $ 404, Jan. 14, 1983, 96
ter and such Act, and (B) the gravity of the vioStat. 2596.)
lation. SUBCHAPTER V-GENERAL PROVISIONS
(b) Administrative review
(1) The person assessed shall be afforded an PART A-ENFORCEMENT PROVISIONS
opportunity for agency hearing, upon request
made within thirty days after the date of issu8 1851. Criminal sanctions
ance of the notice of assessment. In such hear. (a) Violations of chapter or regulations
ing, all issues shall be determined on the record
pursuant to section 554 of title 5. If no hearing Any person who willfully and knowingly vio
is requested as herein provided, the assessment lates this chapter or any regulation under this shall constitute a final and unappealable order. chapter shall be fined not more than $1,000 or (2) If a hearing is requested, the initial sentenced to prison for a term not to exceed agency decision shall be made by an adminisone year, or both. Upon conviction for any sub
trative law judge, and such decision shall sequent violation of this chapter or any regula- become the final order unless the Secretary tion under this chapter, the defendant shall be modifies or vacates the decision. Notice of fined not more than $10,000 or sentenced to intent to modify or vacate the decision of the prison for a term not to exceed three years, or administrative law judge shall be issued to the both.
parties within thirty days after the decision of (b) Violations of section 1816 of this title
the administrative law judge. A final order
which takes effect under this paragraph shall If a farm labor contractor who commits a vio
be subject to review only as provided under sublation of section 1816 of this title has been re
section (c) of this section. fused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm
(c) Judicial review labor contractor whose certificate has been sus- Any person against whom an order imposing pended or revoked, the contractor shall, upon a civil money penalty has been entered after an conviction, be fined not more than $10,000 or agency hearing under this section may obtain sentenced to prison for a term not to exceed review by the United States district court for three years, or both.
any district in which he is located or the United (Pub. L. 97-470, title V, $ 501, Jan. 14, 1983, 96
States District Court for the District of ColumStat. 2596.)
bia by filing a notice of appeal in such court
within thirty days from the date of such order, $ 1852. Judicial enforcement
and simultaneously sending a copy of such
notice by registered mail to the Secretary. The (a) Injunctive relief
Secretary shall promptly certify and flle in The Secretary may petition any appropriate
such court the record upon which the penalty district court of the United States for tempo
was imposed. The findings of the Secretary rary or permanent injunctive relief if the Secre
shall be set aside only if found to be unsupporttary determines that this chapter, or any regu
ed by substantial evidence as provided by seclation under this chapter, has been violated.
tion 706(2)(E) of title 5. Any final decision,
order, or judgment of such District Court con(b) Control of civil litigation
cerning such review shall be subject to appeal Except as provided in section 518(a) of title
as provided in chapter 83 of title 28. 28, relating to litigation before the Supreme (d) Failure to pay assessment; maintenance of action Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litiga- it has become a final and unappealable order,
If any person fails to pay an assessment after tion brought under this chapter, but all such litigation shall be subject to the direction and
or after the court has entered final judgment in control of the Attorney General.
favor of the agency, the Secretary shall refer
the matter to the Attorney General, who shall (Pub. L. 97-470, title V, $ 502, Jan. 14, 1983, 96 recover the amount assessed by action in the Stat. 2596.)
appropriate United States district court. In
such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review. (e) Payment of penalties into Treasury of United
States All penalties collected under authority of this section shall be paid into the Treasury of the United States. (Pub. L. 97-470, title V, $ 503, Jan. 14, 1983, 96 Stat. 2596.)
REFERENCES IN TEXT The Farm Labor Contractor Registration Act of 1963, referred to in subsec. (aX2), is Pub, L. 88-582, Sept. 7, 1964, 78 Stat. 920, as amended, which was classified generally to chapter 52 ($ 2041 et seq.) of Title 7, Agriculture, and was repealed by Pub. L. 97-470, title V, $ 523, Jan. 14, 1983, 96 Stat. 2600. See section 1801 et seq. of this title.
8 1855. Discrimination prohibited (a) Prohibited activities
No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has, with just cause, filed any complaint or institut. ed, or caused to be instituted, any proceeding under or related to this chapter, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this chapter. (b) Proceedings for redress of violations
A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, the Secretary shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) of this section and order all appropriate relief, including rehiring or reinstatement of the worker, with back pay, or damages. (Pub. L. 97-470, title V, $ 505, Jan. 14, 1983, 96 Stat. 2598.)
8 1854. Private right of action (a) Maintenance of civil action in district court by ag
grieved person Any person aggrieved by a violation of this chapter or any regulation under this chapter by a farm labor contractor, agricultural employer, agricultural association, or other person may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein. (b) Appointment of attorney and commencement of
action Upon application by a complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action. (c) Award of damages or other equitable relief;
amount; criteria; appeal (1) If the court finds that the respondent has intentionally violated any provision of this chapter or any regulation under this chapter, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of up to $500 per plaintiff per violation, or other equitable relief, except that (A) multiple infractions of a single provi. sion of this chapter or of regulations under this chapter shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff; and (B) if such complaint is certified as a class action, the court shall award no more than the lesser of up to $500 per plaintiff per violation, or up to $500,000 or other equitable relief.
(2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation.
(3) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28. (Pub. L. 97-470, title V, 8 504, Jan. 14, 1983, 96 Stat. 2597.)
8 1856. Waiver of rights
Agreements by employees purporting to waive or to modify their rights under this chapter shall be void as contrary to public policy, except that a waiver or modification of rights in favor of the Secretary shall be valid for purposes of enforcement of this chapter. (Pub. L. 97-470, title V, $ 506, Jan. 14, 1983, 96 Stat. 2598.)
PART B-ADMINISTRATIVE PROVISIONS
8 1861. Rules and regulations
The Secretary may issue such rules and regulations as are necessary to carry out this chapter, consistent with the requirements of chapter 5 of title 5. (Pub. L. 97-470, title V, Š 511, Jan. 14, 1983, 96 Stat. 2598.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1841 of this title.
8 1862. Authority to obtain information (a) Investigation and inspection authority concerning
places, records, etc. To carry out this chapter the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), question such persons and gather such information to determine compliance with this chapter, or regulations prescribed under this chapter. (b) Attendance and testimony of witnesses, and pro
duction of evidence; subpena authority The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this chapter, the authority contained in sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50), relating to the attendance of witnesses and the production of books, papers, and documents, shall be available to the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary in good faith. (c) Prohibited activities
It shall be a violation of this chapter for any person to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection, or law enforcement function pursuant to this chapter during the performance of such duties. (Pub. L. 97-470, title V, $ 512, Jan. 14, 1983, 96 Stat. 2598.)
(b) Delegation of authority pursuant to written State
plan Any delegation to a State agency pursuant to subsection (a)(2) of this section shall be made only pursuant to a written State plan which
(1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and
(2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency's performance of functions so delegated will be at least comparable to the performance of such functions by the
Department of Labor. (Pub. L. 97-470, title V, § 513, Jan. 14, 1983, 96 Stat. 2599.)
PART C-MISCELLANEOUS PROVISIONS
8 1871. State laws and regulations
This chapter is intended to supplement State law, and compliance with this chapter shall not excuse any person from compliance with appropriate State law and regulation. (Pub. L. 97-470, title V, $ 521, Jan. 14, 1983, 96 Stat. 2599.)
SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1823 of this title.
8 1872. Transition provision
The Secretary may deny a certificate of registration to any farm labor contractor, as defined in this chapter, who has a judgment outstand. ing against him under the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.), or is subject to a final order of the Secretary under that Act assessing a civil money penalty which has not been paid. Any findings under the Farm Labor Contractor Registration Act of 1963 may also be applicable to determi. nations of willful and knowing violations under this chapter. (Pub. L. 97-470, title V, $ 522, Jan. 14, 1983, 96 Stat. 2599.)
8 1863. Agreements with Federal and State agencies
(a) Scope of agreements
The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b) of this section, to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this chapter, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section.