Except as otherwise provided in this title or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Commissioner before the individual may perform a farm labor contracting service in the State for consideration.
An applicant for a license shall:
submit to the Commissioner:
an application on the form that the Commissioner provides; and
two recent, passport sized, color photographs of the applicant; and
pay to the Commissioner an application fee of $25.
The application shall state:
the permanent place of residence of the applicant;
each address where the applicant expects to reside while in the State;
each farm labor contracting service that the applicant will perform for consideration;
the name and address of each agricultural operation for whom the applicant will perform a farm labor contracting service, in the State, for consideration;
the name and permanent address of each person who will act as custodian of records of wages that are required under this title to be kept;
the number of migrant agricultural workers that the applicant expects to use in the State to perform a farm labor contracting service for consideration;
if the applicant will provide housing or cause housing to be provided to a migrant agricultural worker:
the name of each person who will provide the housing; and
each address where the housing will be provided;
if registration is required under the federal Migrant and Seasonal Agricultural Worker Protection Act, the registration identification number of the applicant;
the name of a resident agent who is acceptable to the Commissioner;
the consent of the applicant to service of process on the resident agent whenever the applicant leaves the State or otherwise is unavailable to accept service; and
other relevant information that the Commissioner requires.
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.
On receipt of an application for a license, the Commissioner shall investigate, as appropriate, to determine whether the applicant is entitled to be licensed.
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.
While a license is in effect, it authorizes the licensee to perform farm labor contracting services for consideration.
A license expires on the first March 1 after its effective date.
While a licensee is performing a farm labor contracting service in the State, the licensee shall:
carry the license; and
show the license:
to each person with whom the licensee intends to deal as a farm labor contractor; and
on request, to an authorized employee or official of the State.
Subject to the hearing provisions of § 7–309 of this subtitle, the Commissioner may deny a license to any applicant or suspend or revoke a license if the applicant or licensee:
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:
has been refused a license;
has had a license suspended or revoked; or
otherwise fails to qualify under this section for a license;
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:
gambling;
sale, distribution, or possession of an alcoholic beverage; or
sale, distribution, or possession of a controlled dangerous substance.
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.
The Commissioner may suspend a license summarily pending the determination of a hearing under § 7-309 of this subtitle if the Commissioner finds suspension necessary to prevent abuse of or injury to a migrant agricultural worker.
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:
served personally; or
sent by certified mail to the last known address of the person.
Within 7 days after service of an order under this section, the person may submit to the Commissioner a written request for a hearing.
Unless a person requests a hearing in accordance with paragraph (1) of this subsection, the order is final.
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:
finds that the farm labor contractor has violated a provision of this title or any order that the Commissioner passes or regulation that the Commissioner adopts; or
receives a certified record of the finding of a unit of another state or the United States that the farm labor contractor has violated any law that relates to:
registration as a farm labor contractor; or
the employment of, provision of housing for, or transportation of a migrant agricultural worker.
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.
Any person aggrieved by a final decision of the Commissioner in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.