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Electronic Code of Federal Regulations

e-CFR data is current as of May 26, 2020

Title 29Subtitle BChapter VSubchapter APart 500Subpart E → Subject Group


Title 29: Labor
PART 500—MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION
Subpart E—Enforcement


Agreements With Federal and State Agencies

§500.155   Authority.

Section 513 of the Act authorizes the Secretary to enter into agreements with Federal and State agencies (a) to use their facilities and services, (b) to delegate (subject to subsection 513(b) of the Act) to Federal and State agencies such authority (other than rulemaking) as he determines may be useful in carrying out the purposes of the Act, and (c) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to paragraphs (a) or (b) of this section.

§500.156   Scope of agreements with Federal agencies.

Every agreement between the Secretary and any other Federal agency under the authority referred to in §500.155 of this part shall contain terms and conditions mutually agreeable to both parties, and shall contain such delegation of authority as the Secretary deems useful.

§500.157   Scope of agreements with State agencies.

(a) Every agreement between the Secretary and any State agency under the authority referred to in §500.155 of this part shall be in writing.

(b) Any delegation to a State agency by the Secretary under such authority shall be made pursuant to approval of a written State plan submitted in accordance with §500.159 which shall: (1) Include a description of each function to be performed, the method of performing each such function, and the resources to be devoted to the performance of each such function, (2) provide assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (b)(1) of this section and that the State agency's performance of the delegated functions will be at least comparable to the performance of such functions by the Department of Labor; and (3) contain a certification of the Attorney General of such State, or, if the Attorney General is not authorized to make such a statement, the State official who is so authorized, that an agreement pursuant to such State plan is valid under the laws of that State.

§500.158   Functions delegatable.

The Secretary may delegate to the State such functions as he deems useful including the

(a) Receipt, handling and processing of applications for certificates of registration;

(b) Issuance of certificates of registration;

(c) Conduct of various investigations; and

(d) Enforcement of the Act.

§500.159   Submission of plan.

(a) Any State agency desiring to enter into an agreement pursuant to section 513 of the Act shall submit a State plan in such form and in such detail as the Secretary shall direct.

(b) Each such plan shall include, at least, the following:

(1) The delegation sought;

(2) The State authority for performing such delegated functions;

(3) A description of the manner in which the State intends to carry out such functions; and

(4) The estimated cost of carrying out such functions.

§500.160   Approved State plans.

(a) The Secretary, in accordance with the authority referred to in §500.155 of this part, has delegated the following functions to the States listed herein below:

StateFunction
FloridaReceive, handle, process applications and issue certificates of registration.
New JerseyReceive, handle, process applications and issue certificates of registration.
VirginiaReceive, handle, process applications and issue certificates of registration.

(b) Every State agreement entered into pursuant to the authority referred to in §500.155 of this part shall be available for public inspection and copying in accordance with 29 CFR part 70.

(c) Every enumerated delegated function shall be valid in all states.

[48 FR 36741, Aug. 12, 1983, as amended at 49 FR 5112, Feb. 10, 1984; 50 FR 42163, Oct. 18, 1985]

§500.161   Audits.

The Secretary shall conduct audits as he deems necessary of the State plans, but on not less than an annual basis.

§500.162   Reports.

The Secretary shall require such reports as he deems necessary of activities conducted pursuant to State plans, but on not less than an annual basis.

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