N.Y. Comp. Codes R. & Regs. Tit. 12 § 197.4 - Issuance, denial and revocation of permits and certificates
(a) Based on information contained in the
application and on the results of investigation and hearing, if a hearing is
held, the commissioner shall issue or deny an application for a farm labor
contractor certificate, a farm labor camp commissary permit, or a migrant labor
certificate.
(b) The commissioner
may revoke, suspend or refuse to issue or renew a certificate or permit:
(1) if he finds that the applicant or permit
or certificate holder has violated the Labor Law, or has been convicted of any
crime or offense related to his activity under the certificate or permit, or
involves an unreasonable risk to the safety or welfare of employees or the
public, or has made misrepresentations or false statements in his application,
or has given false or misleading information to workers who are recruited or
hired, or is not a person of good character or responsibility, or is not in
fact the real party in interest in any such application or certificate of
registration;
(2) upon notification
by the State Department of Health that the applicant or permit or certificate
holder has failed to comply with the State sanitary code for migrant labor
camps (10 NYCRR Part 15).
(c) The commissioner shall not refuse to
issue, nor shall he suspend or revoke, a certificate or permit unless an
opportunity to be heard, as provided in section
197.11 of
this Part, has been given to the applicant or permit or certificate holder;
provided, however, that pending the determination of such hearing the
commissioner may temporarily suspend a certificate or permit if, in his
opinion, its suspension for such period is necessary to effectuate the purposes
of the Labor Law and this Part.
(d)
The commissioner or his authorized representative shall have the right to
inquire, by investigation or hearing, into the circumstances surrounding the
use of the permit or certificate in order that a determination can be made as
to the issuance or denial of a certificate or permit. The investigation and
hearing may include but shall not be limited to questioning of the applicant
and other probable parties of interest. Failure by the applicant to fully
disclose other parties of interest shall be sufficient cause for denial of the
application.
(e) If a certificate
or permit is denied or revoked, the applicant may not submit an application for
a new certificate or permit until 24 months have elapsed from the date of the
denial or revocation, provided that, for good cause shown, the commissioner may
reduce the disqualification period. A previously denied applicant must submit
any new application at least 90 days prior to the date when the applicant plans
to perform services in New York State.
(f) A farm labor contractor certificate,
migrant labor certificate or farm labor camp commissary permit shall be valid
from the date of issuance until the following March 30th, unless earlier
revoked as provided in subdivision (b) of this section. A certificate or permit
may not be assigned or transferred.
Notes
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