§ 13661. Application for Renewal of License.

(a) To apply for renewal of a farm labor contractor license, the applicant shall complete, sign, and submit the appropriate renewal application at DLSE's website (https://permits.dir.ca.gov/FLC_External/), or submit the appropriate physical application (DLSE 401-R or DLSE 401-S) to DLSE at least 60 days before expiration of a current license.

(b) A renewal applicant shall submit either a renewal application online at DLSE's website (https://permits.dir.ca.gov/FLC_External/) or submit a physical short form application (DLSE 401-S) only if each of the following conditions stated in subdivision (1) below exist. If all conditions are not met, a renewal applicant must submit an application for renewal using the regular renewal application pursuant to subdivision (c).

(1) The applicant for renewal attests under penalty of perjury to the following conditions.

(A) There have been no changes in the contractor business entity status or information which includes:

(i) no change in the form of the legal entity, including a change in partners, corporate officers, members of LLC, or sole proprietor; and

(ii) no change in: legal entity information previously provided, including business name(s), full name(s) of the sole proprietor, partners, corporate officers, or LLC members, whichever is applicable; address(es); telephone number(s); and percentage of interest of all persons with a financial and/or profit-sharing interest in the business;

(B) There are no outstanding civil citations, unpaid penalties, delinquent unpaid wages, or personal or employment tax liabilities, and all required tax returns have been filed; and

(C) No person who is a sole proprietor, partner, corporate officer, or LLC member has plead guilty or nolo contendere to or been convicted of a crime substantially related to working conditions or worker health or safety, either misdemeanor or felony, within the last 10 years.

(2) If the renewal applicant qualifies for renewal under subdivision (1), applicant shall provide the following required information and items using the online application or physical application as specified in subdivision (b) of this section.

(A) At the time the application is submitted, the renewal applicant pays (i) the license fee of $500, plus a filing fee of $10 (only if the application is submitted later than 60 days prior to expiration of the license), pursuant to Labor Code 1684(a)(4), and (ii) the examination fee of $100 pursuant to Labor Code section 1684(b)(1) unless the applicant is exempt from examination pursuant to Labor Code section 1684(c).

(B) The renewal applicant provides the farm labor contractor license number, applicant name(s), business name(s), physical business address, preferred mailing address, home address (no post office box allowed), business telephone number, mobile telephone number, preferred email address, number of employees, and total gross annual revenue for the business.

(C) The renewal applicant provides the following documents:

(i) An original Farm Labor Contractor Bond (DLSE 402 or on a surety's form) or a copy of the bond if submitting an online renewal application, if there has been a change in the amount of the bond based on a change in annual payroll under Labor Code section 1684(a)(3).

(ii) A copy of a valid and current workers compensation insurance policy certificate.

(iii) A copy of current proof of automobile liability insurance, if applicable. For each farm labor vehicle used to transport laborers, proof of liability insurance shall include the name and address of the coverage carrier, policy number, effective and expiration dates of the policy, coverage limits (including medical coverage) in the amounts of coverage as specified in section 13660(b)(10).

(iv) A copy of a driver's license, DMV certificate to permit operation of farm labor vehicle, and evidence of clean driving record from the DMV if there has been a change in any driver who will operate a vehicle to provide transportation to farm laborers in connection with the applicant's business activities or operations.

(v) A current list containing the name, physical address, and mailing address, if different, of each grower with whom you plan to contract in the near future and or with whom you have contracted during the past three years.

(vi) A current list of all individuals who will be employed by the applicant to perform the following: supervise, recruit, solicit, hire, furnish, employ, pay, transport (if applicable) or otherwise directs or measures the work of agricultural employees. For each individual state their full name and physical home address and indicate where each has, at any time, applied for a state farm labor contractor license and were denied that license, or who have been, at any time, licensed by the state as a farm labor contractor, provide the federal farm labor contractor certificate of registration number issued by the Department of Labor, if applicable, and the state farm labor contractor license number for each of these individuals.

(vii) A current list of the full name of any relatives (specified in section 13660(a)(17)) who have applied for a farm labor contractor license and have been denied or had their license revoked within the last 10 years.

(viii) A copy of the current federal certificate of registration card issued by the U.S. Department of Labor, if required to register under federal law.

(ix) Two current passport photos for sole proprietorship, a representative of a partnership, LLC, or corporation, as applicable for the type of business of the licensee.

(x) Acknowledgment that the applicant has submitted a tax information authorization (IRS Form 8821) to the Internal Revenue Service.

(xi) A copy of each quarterly payroll and contribution filing with the Employment Development Department consisting of the Quarterly Contribution Return and Report of Wages form (DE 9) and Quarterly Contribution Return and Report of Wages-Continuation form (DE 9C) for the year preceding the pending application and any applicable adjustments filed under Quarterly Contribution and Wage Adjustment Form (DE 9ADJ).

(xii) A copy of the most current registration with the agricultural commissioner for each county in which you have contracted with a grower.

(xiii) A copy of any certificate(s) showing completion of 8 hours of relevant educational classes for each license period.

(c) If the renewal applicant for a farm labor contractor license is ineligible to file for renewal of a farm labor contractor license under subdivision (b), the renewal applicant shall submit either an application for a regular renewal of a license online at DLSE's website (https://permits.dir.ca.gov/FLC_External/) or submit a physical regular renewal application (DLSE 401-R). Required information on the application shall include the following:

(1) Current state farm labor contractor license number.

(2) Provide all information required in subdivisions (a)(1) through (21) of section 13660, except that, for information required in subdivisions (a)(8) (individuals or business entities employed to perform regulated activities) and (a)(16) (personal record of responsible persons) of section 13660, the applicant shall indicate whether or not there has been a change to information provided in the previous application submitted to DLSE and, if yes, provide current information.

(3) Provide the following only if there are changes since the previous application:

(A) A copy of updated Articles of Incorporation (for a corporation) or Articles of Organization (for an LLC) for changes of corporate officers of a corporation or members of an LLC, as applicable to the type of business entity, as specified in section 13660(b)(2).

(B) A copy (for online applications) or an original (for submitting a physical application) of the Farm Labor Contractor Bond (DLSE 402 or on a form issued by the surety) for changes to either the gross annual payroll for all employees or the surety, as specified in section 13660(b)(4).

(C) Live scan fingerprint images for any changes to the sole proprietorship, partners of a partnership, corporate officers of a corporation, or members of an LLC, as specified in section 13660(b)(8).

(D) A copy of driver's license for changes to (i) the person taking the required examination (other legal photo identification is acceptable), (ii) the individual owner, partners, corporate officers, or LLC members, as applicable, and (iii) any person who operates a farm labor vehicle (if applicable), as specified in section 13660(b)(9).

(4) Provide an original or copy, as applicable, of all documents specified in section 13660(b)(3), (b)(5) through (b)(7), and (b)(10) through (b)(13) plus the following additional items:

(A) A copy of the applicant business's previous year filings with the Employment Development Department of Quarterly Contribution Returns and Report of Wages (DE 9 or DE 9C).

(B) A copy of most recent registration with the agricultural commissioner for each county in which the licensee contracted with a grower during the license period prior to renewal.

(5) A statement that applicant has satisfied all requirements imposed in a final court judgment, or Labor Commissioner Order, Decision or Award, or pursuant to an accord involving unpaid wages as required in Labor Code section 273(c).

HISTORY

1. New section filed 2-21-89; operative 3-23-89 (Register 89, No. 9).

2. Repealer and new section filed 5-30-2014; operative 7-1-2014 (Register 2014, No. 22).

Note

Note: Authority cited: Sections 273 and 1699, Labor Code. Reference: Sections 273, 1682, 1683, 1684, 1685, 1687, 1688, 1689, 1690, 1695, 1695.9, 1696, 1696.3, 1696.4, 1698.5 and 1699, Labor Code; Section 12519, Vehicle Code.