Chapter 45. Farm Labor Contractor Registration
Regulation .01 Resident Agent.LinkCopy Citation
A resident agent shall be an adult or other person as required by Labor and Employment Article, §7-302(b)(9), Annotated Code of Maryland, who:
A.
Is a domiciliary of Maryland; and
B.
Has agreed to serve as resident agent for the farm labor contractor.
Regulation .02 Security to Assure Compliance.LinkCopy Citation
A.
After receipt of a certified record of violation pursuant to Labor and Employment Article, §7-312, Annotated Code of Maryland, the Commissioner may require a farm labor contractor to post a surety bond or other security:
(1)
Maintained in the sum of $10,000 for each farm labor contractor required to post security;
(2)
Signed by the farm labor contractor as principal;
(3)
Signed by a surety company authorized to do business in this State as surety;
(4)
Payable to the State of Maryland as obligee; and
(5)
Conditioned on the compliance of the farm labor contractor with the provisions of the laws and regulations of this State.
B.
The bond shall provide the required coverage for the full period during which the farm labor contractor's license is valid.
C.
The surety company which has issued the bond shall notify the Commissioner of the cancellation of the bond at least 30 days before the cancellation.
D.
The Commissioner may certify the record of a proceeding in which a farm labor contractor has been found to have violated the provisions of the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland, or of any rule, regulation, or order of the Commissioner.
Regulation .03 Vehicle Liability Insurance.LinkCopy Citation
A.
A farm labor contractor may not use, or cause to be used, a vehicle to transport migrant agricultural workers in this State unless the farm labor contractor has purchased an insurance policy in amounts not less than the following:
B.
The insurance policy shall be obtained from a company authorized to do business as an insurance company in this State.
C.
A certificate of insurance in the required amounts shall be filed with the Commissioner before the issuance of a license.
D.
The insurance company which has issued the insurance policy shall notify the Commissioner of the cancellation of the policy at least 30 days before the cancellation.
Regulation .04 Citations.LinkCopy Citation
A.
Issuance.
(1)
If, after investigation, the Commissioner believes a farm labor contractor or agricultural operation has violated a provision of either the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland, or a regulation adopted to carry out this Act, the Commissioner shall, with reasonable promptness, issue a citation to the farm labor contractor or agricultural operation.
(2)
A citation shall:
(a)
Be in writing;
(b)
Describe with particularity the nature of the alleged violation;
(c)
Reference the provision of law or regulation allegedly violated; and
(d)
State the penalty, if any, that the Commissioner proposes to assess under the Farm Labor Contractor Act, Labor and Employment Article, Title 7, Annotated Code of Maryland.
(3)
A citation shall be accompanied by a notice that informs a party cited that, within 15 working days after receipt of the citation, the party may submit to the Commissioner a written notice of contest to the citation or penalty.
(4)
A citation may not be issued after the expiration of 6 months following the occurrence of an alleged violation.
B.
Enforcement.
(1)
A party to whom a citation is issued may file with the Commissioner a written notice of contest to the citation or proposed penalty. The notice shall be:
(a)
In writing; and
(b)
Postmarked within 15 working days of the date on which the party received the citation.
(2)
If a party does not file proper notice of contest, the citation and any penalty proposed in it become final upon the expiration of 15 working days following the party's receipt of the citation.
(3)
If a party files a notice of contest in accordance with this regulation, the Commissioner shall set and conduct a hearing and issue a written determination in accordance with the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Chapter annotations
Authority: Labor and Employment Article, §§2-106(b)(6) and 7-403; State Government Article, §10-206; Annotated Code of Maryland
History: Effective date: May 20, 1985 (12:10 Md. R. 960)
History: Regulation .02 amended effective March 2, 1992 (19:4 Md. R. 472)
History: Regulation .03 amended effective March 2, 1992 (19:4 Md. R. 472)
History: Regulation .05A, B, and D amended effective March 2, 1992 (19:4 Md. R. 472)
History: Regulation .06C amended effective March 2, 1992 (19:4 Md. R. 472)
History: Regulation .07 adopted effective March 2, 1992 (19:4 Md. R. 472)
History: Chapter revised effective September 3, 2012 (39:17 Md. R. 1148)