TITLE 44

LABOR

CHAPTER 16

FARM LABOR CONTRACTOR LICENSING

44-1606.  Department — Licensing duties — License — Term — Renewal fee. (1) The department shall issue licenses to persons who are at least eighteen (18) years of age and who have shown themselves to be fit, competent and qualified to engage in the business of farm labor contracting. Factors to be considered by the department in making this determination shall include, but not be limited to, the following:

(a)  Whether an applicant has unsatisfied judgments or administrative decisions requiring the payment of unpaid wages;

(b)  Whether an applicant has worker’s compensation coverage for each employee;

(c)  Whether an applicant has paid unemployment insurance contributions when due;

(d)  Whether an applicant has violated any provision of this chapter or the rules adopted hereunder;

(e)  Whether an applicant was ever denied a license or had a license revoked, suspended or not renewed under the farm labor contractor laws of any jurisdiction;

(f)  Whether an applicant has employed an agent who has had a farm labor contractor license denied, suspended, revoked or not renewed or who has otherwise violated any provisions of this chapter or the rules adopted hereunder; and

(g)  Whether an applicant, when required by law, has failed or refused to seek food, water, shelter or medical attention, or to provide any other goods or services required for the safety and health of the applicant’s employees.

(2)  The industrial commission shall make records available to the department, including records that are otherwise exempt from disclosure under section 74-105, Idaho Code, for the purpose of determining an applicant’s qualifications under subsection (1)(b) of this section. Records disclosed under this subsection shall not be further disclosed by the department.

(3)  The department shall issue a license within fifteen (15) business days of receipt of a completed application if the department determines the applicant to be fit, competent and qualified to engage in the business of farm labor contracting. An application shall be deemed completed when all required information and documentation has been submitted to the department.

(4)  The license shall not be transferable or assignable.

(5)  The first year of licensing shall run from April 1st to the following March 31st and each license shall expire on March 31st following the date of its issuance unless sooner revoked or otherwise terminated by the department. Beginning January 1, 2004, the licensing year shall run from January 1st to the following December 31st and each license shall expire on December 31st following the date of its issuance unless sooner revoked or otherwise terminated by the department.

(6)  A license may be renewed annually upon payment of a nonrefundable fee of two hundred fifty dollars ($250) and by providing the following:

(a)  Proof of financial responsibility as required by section 44-1604, Idaho Code;

(b)  A certificate of insurance as required by section 44-1603(2)(e), Idaho Code; and

(c)  A certificate of insurance as required by section 44-1603(2)(f), Idaho Code.

The department may require any person seeking renewal to file a new application showing the person to be fit, competent and qualified to continue to engage in the business of farm labor contracting.

(7)  The department shall maintain a central public registry of all persons issued a farm labor contractor’s license.

History:

[44-1606, added 2002, ch. 328, sec. 1, p. 923; am. 2015, ch. 141, sec. 119, p. 468.]