Title 7. Farm Labor Contractors — Subtitle 3

An applicant for a license shall:

The application shall state:

If information required under subsection (b) of this section changes, the applicant or, if a license has been issued, the licensee shall give the Commissioner notice of the change within 10 days after the applicant or licensee knows or should have known of the change.

Information in an application or in a notice of change may not be used to imply legal responsibility on an agricultural operation for the care, custody, or activities of a migrant agricultural worker whom a farm labor contractor provides.

The Commissioner shall make application forms reasonably available at convenient locations throughout the State.

The Commissioner shall issue a license to each applicant who meets the requirements of this subtitle.

The Commissioner shall attach to each license issued under this section a photograph of the licensee.

carry the license; and

show the license:

fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

fraudulently or deceptively uses a license;

knowingly makes any misrepresentation in the application;

is not the real party in interest in the application for a license and the real party in interest:

fails to comply with any provision of this title;

fails to comply with any regulation that the Commissioner adopts;

fails to comply with an order that the Commissioner passes;

fails to satisfy a judgment that the Commissioner obtains under this title;

knowingly gives a migrant agricultural worker who is recruited or hired false or misleading information about the existence or conditions of employment;

fails, without just cause, to comply with any agreement or arrangement with an agricultural operation or with a migrant agricultural worker;

is found by the Secretary of Health to have violated a regulation of the Secretary on housing, sanitation, or safety for migrant agricultural workers;

has had a farm labor contractor registration certificate suspended or revoked by the United States Department of Labor or by another state for a reason that would justify suspension or revocation of a license in this State;

has been convicted of a felony under a law of the State or under federal law; or

during the past 5 years, has been convicted of a misdemeanor in connection with performing a farm labor contracting service if the misdemeanor relates to:

Except as provided in § 10-226 of the State Government Article or in § 7-310 of this subtitle, before the Commissioner takes any final action under § 7-308 of this subtitle, the Commissioner shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commissioner.

The Commissioner shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commissioner may hear and determine the matter.

If, after an investigation, the Commissioner has reason to believe that a person is performing a farm labor contracting service for consideration in the State without a license, the Commissioner may pass an order to require the person immediately to cease performing the farm labor contracting service.

The Commissioner shall give notice of the order and, if requested under subsection (d) of this section, hold a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

An order passed under this section shall be:

Subject to subsection (b) of this section, the Commissioner may require a farm labor contractor to post a surety bond or other security if the Commissioner:

The Commissioner may not require security on the basis of an administrative decision that a court nullifies.

The Commissioner may require security in an amount that the Commissioner considers adequate to ensure compliance with the laws of the State.