§ 13853 - Application for Registration as a Foreign Labor Contractor.

8 CCR § 13853

§ 13853. Application for Registration as a Foreign Labor Contractor.

To register as a Foreign Labor Contractor, the applicant shall complete, sign and submit a written physical application for registration (DLSE 701) and provide the items and documents pursuant to the respective registration requirements as specified in this article by mail to: Labor Commissioner, Licensing & Registration Unit-FnLC, 1515 Clay Street, Suite 401, Oakland, CA 94612, or by email at foreignlaborcon@dir.ca.gov. The applicant shall certify under penalty of perjury that the information provided on the registration form, any supplementary documents, and any other information submitted by the applicant in support of the registration is true and correct. If the place of execution is outside California, the certification must be sworn before a notary public or other officer authorized to take oaths and affirmations. The Labor Commissioner may make an online application available.

(a) The application for registration (DLSE 701) shall indicate whether the application is for a new (initial) registration or a renewal application and shall further contain the following information to be provided by the applicant:

(1) The full legal name, identity of the legal form or type of ownership of the foreign labor contractor business (individual/sole proprietor, partnership, corporation, limited liability company, or other business entity).

(2) All names under which the applicant is doing business as or has done business as within the previous three years.

(3) Current physical business address (number, street, city or town, county, state, zip code) and preferred mailing address if different than physical business address, preferred email address, and designation of an agent for service of process, if applicable, including physical address and business telephone number and mobile telephone number of the designated agent for service of process. If applicable, a foreign business' main physical address shall similarly provide full information regarding the applicant's physical location in a foreign country, business telephone number, and, mobile telephone number.

(4) If the current contact information subsequently changes, the applicant must immediately, but no later than ten (10) days thereafter, advise the Labor Commissioner of the change.

(5) Domestic and international locations where applicant is doing business (city, state, and country).

(6) The following information identifying and providing contact information of individuals who have financial interests in the applicant's business:

(A) If the applicant is an individual (sole proprietor), that individual's full name, date of birth, driver's license number, Social Security number or Taxpayer Identification number, physical home address, mailing address, if different (include foreign address and identification number, if applicable), business telephone and mobile telephone number.

(B) If applicant is a corporation, the date of incorporation and the name, date of birth, driver's license number, Social Security number or Taxpayer Identification number, physical home address, mailing address, if different (include foreign address and identification number, if applicable), business telephone and mobile telephone number of each corporate officer, and ownership percentage, if any, of each officer. If a foreign corporation incorporated or organized outside of California, also provide the date a Statement and Designation by Foreign Corporation (Form S&DC-S/N) was filed with the Secretary of State.

(C) If applicant is a partnership, the date the partnership was created and the name, date of birth, driver's license number, Social Security number or Taxpayer Identification number, physical home address, mailing address, if different (include foreign address and identification number, if applicable), business telephone and mobile telephone number, and ownership percentage of each partner.

(D) If applicant is a limited liability company (LLC), the date of filing the articles of organization, and the name, date of birth, driver's license number, Social Security number or Taxpayer Identification number, physical home address, mailing address, if different (include foreign address and identification number, if applicable), business telephone and mobile telephone number, and ownership percentage of each member.

(7) Indicate whether the applicant will utilize the services of any other registered foreign labor contractor to recruit or solicit foreign workers.

(A) If yes, state for each individual or entity who will perform any of these activities (i) the person or other entity's name, current physical address (include foreign address, if applicable) and telephone number, Social Security number or Tax Identification number, and foreign labor contractor registration number;

(B) If no, state any other individual or entity who will perform these activities on applicant's behalf which includes, but is not limited to, employees of the applicant and provide the information listed in subdivision (A) for each identified person or entity.

(8) The names and physical addresses, mailing address, if different (include foreign address, if applicable), email address, business telephone and mobile telephone number of all businesses with whom the applicant plans to contract in the next twelve (12) months and, if applying for registration renewal, with whom the applicant has contracted during the past two years.

(9) Indicate whether the applicant's foreign labor contracting operation will be conducted in connection with any other business, and, if so, the type of business and name, physical addresses, mailing address, if different (include foreign address, if applicable), email address, business telephone and mobile telephone number of the other business.

(10) Indicate any license, registration, or permit issued pursuant to any state or federal law, or law of a foreign country, that any person or entity identified under subdivisions (a)(1), (a)(2), and (a)(6) of this section has obtained within the last 5 years.

(11)(A) Indicate whether any person or entity identified under subdivisions (a)(1), (a)(2), and (a)(6) of this section, within the last 5 years:

(i) owes payroll taxes, personal, partnership or corporate income taxes, Social Security taxes, or disability insurance taxes;

(ii) has plead guilty or nolo contendere to or been convicted of a crime involving fraud or misrepresentation, either misdemeanor or felony. The term convicted includes instances in which there was a suspension of sentence and probation granted and where judicial dismissal proceedings under Penal Code section 1203.4 et seq. were undertaken;

(iii) has had any license, registration, or permit issued pursuant to any state or federal law, or law of a foreign country that was suspended, revoked or denied, or has had any disciplinary action whatsoever of any nature imposed upon him, her, or it in connection with the holding of a license or permit.

(B) If any person or entity identified in subdivision (A) above falls within subdivisions (i) through (iii), the applicant shall submit an explanation regarding the incident and documentation supporting the explanation, including but not limited to, description of the violation or charge, date of incident, court or agency name (federal, state, local, or foreign country), and the disposition, if any, of the matter.

(12) Indicate the total number of employees the applicant will employ, if applicable, and provide state and federal tax employer identification numbers, or similar employer identification number required by a taxing authority in a foreign country.

(13) Total gross annual receipts for the applicant which amount shall not account for any deductions for expenses, as specified in Section 13857(b).

(14) The name, address, business telephone number and mobile telephone number of an agent or representative designated by the applicant to speak on behalf of the applicant for purposes of communicating with DLSE personnel.

(15) Attest to express certification statements regarding obligations which are acknowledged and made when submitting an application that the applicant:

(A) Agrees to comply with Labor Code section 3700, if applicable, which requires every employer to be insured against liability for workers' compensation.

(B) Is aware of and agrees to comply with the provisions of Business and Professions Code section 9998.1.5(b)(3)(A) to deposit a surety bond with the Labor Commissioner and maintain an effective bond at all times during the period of registration.

(C) Agrees, as a condition of being registered as a foreign labor contractor by the Labor Commissioner, to keep the Commissioner informed of any change in the registrant's address and other contact information within ten (10) days of any change.

(D) Consents, pursuant to Business and Professions Code section 9998.1.5(b)(1)(C), to the designation of the Labor Commissioner by an appropriate civil court of the Commissioner as the registrant's agent to accept service of summons in any action against a registrant in the event that applicant has left the jurisdiction in which the action is commenced or otherwise become unavailable to accept service.

(E) Is aware of the responsibilities as registrant and agrees to operate as a foreign labor contractor in compliance with all applicable provisions of law, including the Business and Professions Code and applicable regulations; and specifically, certifies that the applicant has not been found by a court, the Secretary of Labor, or the Labor Commissioner to have violated provisions of any of the following:

(i) The federal Trafficking Victims Protection Act of 2000 (Division A, Public Law 106-386), as amended.

(ii) Requirements under Labor Code sections 1682 through 1699, inclusive, which and apply to persons subject to farm labor contractor license laws, including the prerequisites to obtaining a license.

(iii) Penal Code section 236.1, relating to human trafficking.

(iv) Requirements of any federal guest worker program.

(F) Certifies that applicant has provided all facts required by the Labor Commissioner to make its determination to register a foreign labor contractor as to the applicant's character, competency, responsibility, and the manner and means in which the applicant proposes to conduct operations.

(G) Is aware of the provisions of the Business and Professions Code and applicable regulations regarding grounds for revocation, suspension, refusal to renew, or grant registration to operate as a foreign labor contractor, and that a violation for failure to comply with all registration requirements applicable to foreign labor contractors will subject a registrant to denial of an application (initial or renewal), revocation, suspension.

(H) Is aware that any material misrepresentation or omission made in connection with the information provided on the application or other documents submitted relating to the application is grounds for denial or subsequent revocation of registration.

(b) The applicant shall provide to the Labor Commissioner the following items and documents along with the application for registration:

(1) Fees: Registration fee of $95 pursuant to Business and Professions Code section 9998.1.5(b)(4). All fees may be paid online by accessing http://www.dir.ca.gov/dlse/Online.Payment, or by submission of a certified check, cashier's check, or money order to the “Labor Commissioner's Office” or “Division of Labor Standards Enforcement.”

(2) If applicant is a corporation, a copy of the Articles of Incorporation and the most recent Statement of Information (form SI-550) filed with the Secretary of State. If the applicant is an LLC, a copy of the Articles of Organization and most recent Statement of Information (form LLC-12); and if a partnership, a copy of the written partnership agreement, if any. If the applicant is a corporate or similar entity in a foreign country, a copy of the registration or other certificate from the applicable foreign governmental agency which authorizes the business entity to exist or otherwise act as a lawful business entity.

(3) An original Foreign Labor Contractor Bond (DLSE 702) which complies with the requirements of Business and Professions Code section 9998.1.5(b)(3).

(4) Live scan fingerprint images for a sole proprietor, all partners of a partnership, all corporate officers of a corporation, each member of a limited liability company, as applicable.

(5) A copy of driver's license or other photo identification card with photograph, or passport photo for a sole proprietor, all partners of a partnership, all corporate officers of a corporation, each member of a limited liability company, as applicable.

(c) The Labor Commissioner may request any additional supporting documentation as proof of statements made in response to the application questions and to complete any investigation to the Labor Commissioner's satisfaction as to the character, competency and responsibility of the applicant.

Note: Authority cited: Section 9998.11, Business and Professions Code. Reference: Sections 9998, 9998.1 and 9998.1.5, Business and Professions Code.

HISTORY

1. New article 2 (sections 13853-13857) and section filed 10-8-2018; operative 1-1-2019 (Register 2018, No. 41).

This database is current through 1/15/21 Register 2021, No. 3

8 CCR § 13853, 8 CA ADC § 13853