1682.  As used in this chapter:
   (a) "Person" includes any individual, firm, partnership,
association, limited liability company, or corporation.
   (b) "Farm labor contractor" designates any person who, for a fee,
employs workers to render personal services in connection with the
production of any farm products to, for, or under the direction of a
third person, or who recruits, solicits, supplies, or hires workers
on behalf of an employer engaged in the growing or producing of farm
products, and who, for a fee, provides in connection therewith one or
more of the following services:  furnishes board, lodging, or
transportation for those workers; supervises, times, checks, counts,
weighs, or otherwise directs or measures their work; or disburses
wage payments to these persons.
   (c) "License" means a license issued by the Labor Commissioner to
carry on the business, activities, or operations of a farm labor
contractor under this chapter.
   (d) "Licensee" means a farm labor contractor who holds a valid and
unrevoked license under this chapter.
   (e) "Fee" shall mean (1) the difference between the amount
received by a labor contractor and the amount paid out by him or her
to persons employed to render personal services to, for or under the
direction of a third person; (2) any valuable consideration received
or to be received by a farm labor contractor for or in connection
with any of the services described above, and shall include the
difference between any amount received or to be received by him or
her, and the amount paid out by him or her, for or in connection with
the rendering of such services.



1682.3.  "Farm labor contractor" includes any "day hauler."  "Day
hauler" means any person who is employed by a farm labor contractor
to transport, or who for a fee transports, by motor vehicle, workers
to render personal services in connection with the production of any
farm products to, for, or under the direction of a third person.




1682.4.  "Farm labor contractor" does not include a commercial
packing house engaged in both the harvesting and the packing of
citrus fruit or soft fruit for a client or customer.



1682.5.  This chapter does not apply to:
   (a) A nonprofit corporation or organization with respect to
services specified in subdivision (b) of Section 1682, which are
performed for its members.
   (b) Any person who performs the services specified in subdivision
(b) of Section 1682 only within the scope of his employment by the
third person on whose behalf he is so acting and not as an
independent contractor.



1682.7.  The Labor Commissioner shall ensure that the office
maintained in Fresno has suitable facilities and sufficient personnel
for the examination and licensing of farm labor contractors and for
the processing of complaints against farm labor contractors or any
agent of a farm labor contractor.



1682.8.  The Labor Commissioner may establish and maintain a Farm
Labor Contractor Special Enforcement Unit within the Division of
Labor Standards Enforcement office in Fresno of the Department of
Industrial Relations for the hiring of additional agents to enforce
the provisions of this chapter by revoking, suspending, or refusing
to renew farm labor contractors' licenses pursuant to Section 1690.




1683.  No person shall act as a farm labor contractor until a
license to do so has been issued to him by the Labor Commissioner,
and unless such license is in full force and effect and is in his
possession.  The Labor Commissioner shall, by regulation, provide a
means of issuing duplicate licenses in case of loss of the original
license or any other appropriate instances.



1684.  (a) The Labor Commissioner shall not issue to any person a
license to act as a farm labor contractor, nor shall the Labor
Commissioner renew that license, until all of the following
conditions are satisfied:
   (1) The person has executed a written application in a form
prescribed by the Labor Commissioner, subscribed and sworn to by the
person, and containing all of the following:
   (A) A statement by the person of all facts required by the Labor
Commissioner concerning the applicant's character, competency,
responsibility, and the manner and method by which the person
proposes to conduct operations as a farm labor contractor if the
license is issued.
   (B) The names and addresses of all persons, except bona fide
employees on stated salaries, financially interested, either as
partners, associates, or profit sharers, in the proposed operation as
a farm labor contractor, together with the amount of their
respective interests.
   (C) A declaration consenting to the designation by a court of the
Labor Commissioner as an agent available to accept service of summons
in any action against the licensee if the licensee has left the
jurisdiction in which the action is commenced or otherwise has become
unavailable to accept service.
   (2) The Labor Commissioner, after investigation, is satisfied as
to the character, competency, and responsibility of the person.
   (3) The person has deposited with the Labor Commissioner a surety
bond in an amount based on the size of the person's annual payroll
for all employees, as follows:
   (A) For payrolls up to five hundred thousand dollars ($500,000), a
twenty-five thousand dollar ($25,000) bond.
   (B) For payrolls of five hundred thousand dollars ($500,000) to
two million dollars ($2,000,000), a fifty thousand dollar ($50,000)
bond.
   (C) For payrolls greater than two million dollars ($2,000,000), a
seventy-five thousand dollar ($75,000) bond.
   Where the contractor has been the subject of a final judgment in a
year in an amount equal to that of the bond required, he or she
shall be required to deposit an additional bond within 60 days.  The
bond shall be payable to the people of the State of California and
shall be conditioned that the farm labor contractor will comply with
all the terms and provisions of this chapter and will pay all damages
occasioned to any person by failure to do so, or by any violation of
this chapter, or false statements or misrepresentations made in the
procurement of the license.  The bond shall also be payable for
interest on wages and for any damages arising from violation of
orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code.
   (4) The person has paid to the Labor Commissioner a license fee of
five hundred dollars ($500) plus a filing fee of ten dollars ($10).
However, where a timely application for renewal is filed, the ten
dollar ($10) filing fee is not required.  The Labor Commissioner
shall deposit fifty dollars ($50) of each licensee's annual license
fee into the Farmworker Remedial Account.  Funds from this account
shall be disbursed by the Labor Commissioner only to persons
determined by the Labor Commissioner to have been damaged by any
licensee when the damage exceeds the limits of the licensee's bond,
or to persons determined by the Labor Commissioner to have been
damaged by an unlicensed farm labor contractor.  In making these
determinations, the Labor Commissioner shall disburse funds from the
Farmworker Remedial Account to satisfy claims against farm labor
contractors or unlicensed farm labor contractors, which shall also
include interest on wages and any damages arising from the violation
of orders of the Industrial Welfare Commission, and for any other
monetary relief awarded to an agricultural worker as a result of a
violation of this code.  The Labor Commissioner may disburse funds
from the Farmworker Remedial Account to farm labor contractors, for
payment of farmworkers, where a contractor is unable to pay
farmworkers due to the failure of a grower or packer to pay the
contractor.  Any disbursed funds subsequently recovered by the Labor
Commissioner pursuant to Section 1693, or otherwise, shall be
returned to the Farmworker Remedial Account.
   (5) The person has taken a written examination that demonstrates
an essential degree of knowledge of the current laws and
administrative regulations concerning farm labor contractors as the
Labor Commissioner deems necessary for the safety and protection of
farmers, farmworkers, and the public.  To successfully complete the
examinations, the person must correctly answer at least 85 percent of
the questions posed.  The examination period shall not exceed four
hours.  The examination may only be taken a maximum of three times in
a calendar year.  The examinations shall include a demonstration of
knowledge of the current laws and regulations regarding wages, hours,
and working conditions, penalties, employee housing and
transportation, collective bargaining, field sanitation, and safe
work practices related to pesticide use, including all of the
following subjects:
   (A) Field reentry regulations.
   (B) Worker pesticide safety training.
   (C) Employer responsibility for safe working conditions.
   (D)  Symptoms and appropriate treatment of pesticide poisoning.
   (6) The person has registered as a farm labor contractor pursuant
to the federal Migrant and Seasonal Agricultural Worker Protection
Act (29 U.S.C.  1801 et seq.), when registration is required pursuant
to federal law.
   (b) (1) The Labor Commissioner shall consult with the Director of
Pesticide Regulation, the Department of the California Highway
Patrol, the Department of Housing and Community Development, the
Employment Development Department, the Department of Food and
Agriculture, the Department of Motor Vehicles, and the Division of
Occupational Safety and Health in preparing the examination required
by paragraph (5) of subdivision (a) and the appropriate educational
materials pertaining to the matters included in the examination, and
may charge a fee of not more than one hundred dollars ($100) to cover
the cost of administration of the examination.
   (2) In addition, the person must enroll and participate in at
least eight hours of relevant, educational classes each year.  The
classes shall be chosen from a list of approved classes prepared by
the Labor Commissioner, in consultation with the persons and entities
listed in paragraph (1) and county agricultural commissioners.
   (c) The Labor Commissioner may renew a license without requiring
the applicant for renewal to take the examination specified in
paragraph (5) of subdivision (a) if the Labor Commissioner finds that
the applicant meets all of the following criteria:
   (1) Has satisfactorily completed the examination during the
immediately preceding two years.
   (2) Has not during the preceding year been found to be in
violation of any applicable laws or regulations including, but not
limited to, Division 7 (commencing with Section 12501) of the Food
and Agricultural Code, Part 1 (commencing with Section 17000) of
Division 13 of the Health and Safety Code, Division 2 (commencing
with Section 200), Division 4 (commencing with Section 3200), and
Division 5 (commencing with Section 6300) of this code, and Chapter 1
(commencing with Section 12500) of Division 6 of the Vehicle Code.
   (3) Has, for each year since the license was obtained, enrolled
and participated in at least eight hours of relevant, educational
classes, chosen from a list of approved classes prepared by the Labor
Commissioner.
   (4) Has complied