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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 one hundred fifty dollars ($150) 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 with all other requirements of this section.



1684.3.  Whenever an application for a license or renewal is made,
and application processing pursuant to this chapter has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional license valid for a period not
exceeding 90 days, and subject, where appropriate, to the automatic
and summary revocation by the Labor Commissioner.  Otherwise, the
conditions for issuance or renewal shall meet the requirements of
Section 1684.


1684.5.  The Labor Commissioner shall quarterly submit to the
Department of the California Highway Patrol a list of all licensees.



1685.  No license to operate as a farm labor contractor shall be
granted:
   (a) To any person who sells or proposes to sell intoxicating
liquors in a building or on premises where he operates or proposes to
operate as a farm labor contractor.
   (b) To a person whose license has been revoked within three (3)
years from the date of application.



1686.  The Labor Commissioner, upon proper notice and hearing, may
refuse to grant a license.  The proceedings shall be conducted in
accordance with Chapter 5 of Part 1 of Division 3 of Title 2 of the
Government Code and the commissioner shall have all of the powers
granted therein.



1687.  (a) Each laminated license shall contain, on the face
thereof, all of the following:
   (1) The name and address of the licensee and the fact that the
licensee is licensed to act as a farm labor contractor for the period
upon the face of the license only.
   (2) The number, date of issuance, and date of expiration of the
license.
   (3) The amount of the surety bond deposited by the licensee.
   (4) The fact that the license may not be transferred or assigned.

   (5) A picture of the licensee taken at the time of application.
   (b) The license shall be similar in size and format to a driver's
license issued by the Department of Motor Vehicles, and shall contain
a hologram and a signature to verify authenticity.  The cost of the
hologrammed license shall be appropriated from the license fee.
   (c) The license shall contain on the back thereof the definition
of a farm labor contractor, as defined by subdivision (b) of Section
1682.



1688.  The license when first issued shall run to the next birthday
of the applicant, and each license shall then be renewed within the
30 days preceding the licensee's birthday and shall run from birthday
to birthday.  In case the applicant is a partnership or corporation,
the license for a partnership shall be renewed within the 30 days
preceding the birthday of the oldest partner, and the license for a
corporation shall be renewed within the 30 days preceding the
anniversary of the date the corporation was lawfully formed.  Renewal
shall require the filing of an application for renewal, a renewal
bond, and the payment of the annual license fee, but the Labor
Commissioner may demand that a new application or a new bond be
submitted.



1689.  All applications for renewal shall state 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 operation of the farm labor contractor.




1690.  The Labor Commissioner may revoke, suspend, or refuse to
renew any license when it is shown that any of the following have
occurred:
   (a) The licensee or any agent of the licensee has violated or
failed to comply with any of the provisions of this chapter.
   (b) The licensee has made any misrepresentations or false
statements in his or her application for a license.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee, or any agent of the licensee, has violated, or
has willfully aided or abetted any person in the violation of, or
failed to comply with, any law of the State of California regulating
the employment of employees in agriculture, the payment of wages to
farm employees, or the conditions, terms, or places of employment
affecting the health and safety of farm employees, which is
applicable to the business, activities, or operations of the licensee
in his or her capacity as a farm labor contractor.
   (e) The licensee, or any agent of the licensee, has failed to
comply with any  provisions of the Vehicle Code pertaining to a farm
labor vehicle, as described in Sections 322 and 323 of the Vehicle
Code, under the licensee's control, or has allowed a farm labor
vehicle under his or her control to be operated by a driver without a
valid driver's license and certificate required pursuant to Section
12519 of the Vehicle Code.
   (f) The licensee has been found, by a court or the Secretary of
Labor, to have violated any provision of the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code), provided that the
licensee is required to register as a farm labor contractor pursuant
to federal law.



1690.1.  If any licensee fails to remit the proper amount of worker
contributions required by Chapter 4 (commencing with Section 901) of
Part 1 of Division 1 of the Unemployment Insurance Code, or the
Employment Development Department has made an assessment for such
unpaid worker contributions against the licensee that is final, the
Labor Commissioner shall, upon written notice by the Employment
Development Department, refuse to issue or renew the license of such
licensee until such licensee has fully paid the amount of delinquency
for such unpaid worker contributions.
   The Labor Commissioner shall not, however, refuse to renew the
license of a licensee under this section until the assessment for
unpaid worker contributions is final and unpaid, and the licensee has
exhausted, or failed to seek, his right of administrative review of
such final assessment, pursuant to Chapter 4 (commencing with Section
901) of Part 1 of Division 1 of the Unemployment Insurance Code.




1691.  (a) If any licensee has been subject to two or more final
judgments by a court for failure to pay wages  due with respect to
his or her agricultural employees within a five-year period, the
Labor Commissioner shall suspend for one year the license of the
licensee.  The Labor Commissioner shall maintain a telephone
information line for the purpose of advising potential or actual
employees of farm labor contractors regarding the compliance of
individual farm labor contractors with applicable laws and
regulations.
   (b) For purposes of this section, a "serious violation" shall have
the same meaning as provided in paragraph (1) of subdivision (a) of
Section 6130 of Title 3 of the California Code of Regulations.




1692.  Before revoking or suspending any license, the Labor
Commissioner shall afford the holder of such license an opportunity
to be heard in person or by counsel.  The proceedings shall be
conducted in accordance with Chapter 5 of Part 1 of Division 3 of
Title 2 of the Government Code, and the commissioner shall have all
the powers granted therein.



1692.5.  A licensee whose license is suspended or revoked pursuant
to the provisions of this chapter shall immediately surrender such
license to the Labor Commissioner.



1693.  The Labor Commissioner and the deputies and representatives
authorized  by the Labor Commissioner in writing may take assignments
of actions on the bond against licensees by persons damaged and may
prosecute such actions on behalf of persons who, in the judgment of
the Labor Commissioner, are financially unable to employ counsel, in
the same manner that claims are prosecuted under Section 98.




1694.  When a licensee has departed from the State with intent to
defraud creditors or to avoid service of summons in any action
brought under this chapter, service shall be made upon the surety as
prescribed in the Code of Civil Procedure.  A copy of the summons
shall be mailed to the licensee at the last known post-office address
of his residence, as shown by the records of the Labor Commissioner.
  Service is complete as to such licensee, after mailing, at the
expiration of the time prescribed by the Code of Civil Procedure for
service of summons in the particular court in which suit is brought.



1695.  (a) Every licensee shall do all of the following:
   (1) Carry his or her license and proof of registration issued
pursuant to paragraph (8) with him or her at all times and exhibit
the same to all persons with whom he or she intends to deal in his or
her capacity as a farm labor contractor prior to so dealing.
   (2) File at the United States Post Office serving the address of
the licensee, as noted on the face of his or her license, with the
office of the Labor Commissioner, and with the agricultural
commissioner of the county or counties in which the labor contractor
has contracted with a grower, a correct change of address immediately
upon each occasion the licensee permanently moves his or her
address.  The address shall also be the mailing address for purposes
of notice required by the Labor Code or by any other applicable
statute or regulations respecting service by mail.
   (3) Promptly when due, pay or distribute to the individuals
entitled thereto, all moneys or other things of value entrusted to
the licensee by any third person for this purpose.
   (4) Comply on his or her part with the terms and provisions of all
legal and valid agreements and contracts entered into between
licensee in his or her capacity as a farm labor contractor and third
persons.
   (5) Have available for inspection by his or her employees and by
the grower with whom he or she has contracted, a written statement in
English and Spanish showing the rate of compensation he or she
receives from the grower and the rate of compensation he or she is
paying to his or her employees for services rendered to, for, or
under the control of the grower.
   (6) Take out a policy of insurance with any insurance carrier
authorized to do business in the State of California in an amount
satisfactory to the commissioner, which insures the licensee against
liability for damage to persons or property arising out of the
licensee's operation of, or ownership of, any vehicle or vehicles for
the transportation of individuals in connection with his or her
business, activities, or operations as a farm labor contractor.
   (7) Have displayed prominently at the site where the work is to be
performed and on all vehicles used by the licensee for the
transportation of employees, the rate of compensation the licensee is
paying to his or her employees for their services, printed in both
English and Spanish and in lettering of a size to be prescribed by
the Department of Industrial Relations.
   (8) Register annually with the agricultural commissioner of the
county or counties in which the labor contractor has contracted with
a grower.
   (9) Provide information and training on applicable laws and
regulations governing worker safety, including the requirements of
Article 10.5 (commencing with Section 12980) of Chapter 2 of Division
7 of the Food and Agriculture Code, or regulating the terms and
conditions of agricultural employment, to each crew leader, foreman,
or other employee whose duties include the supervision, direction, or
control of any agricultural worker on behalf of a licensee, or
pursuant to, a contract or agreement for agricultural services
entered into with a licensee.
   (b) The board of supervisors of a county may establish fees to be
charged each licensee for the recovery of the actual costs incurred
by commissioners in the administration of registrations and change of
address and the issuance of proofs of registration.



1695.5.  (a) Every farm labor contractor, upon request of any
agricultural grower with whom he or she has a contract to supply
farmworkers, shall immediately furnish the grower with a payroll list
of all the contractor's employees working for the grower.
   (b) The payroll list shall be on a uniform form approved by the
Labor Commissioner, which shall include, but not be limited to, the
employee's name, social security number, permanent and temporary
address, telephone number, and length of employment with the grower.

   (c) The requirements of this section are in addition to any
requirements of federal law, including the federal Migrant and
Seasonal Agricultural Worker Protection Act (Chapter 20 (commencing
with Section 1801), Title 29, United States Code).



1695.55.  (a) Every person acting in the capacity of a farm labor
contractor shall provide any grower with whom he or she has
contracted to supply farmworkers a payroll record for each farmworker
providing labor under the contract.  The payroll record shall
include a disclosure of the wages and hours worked for each
farmworker.
   (b) Each grower entering into a contract with a farm labor
contractor shall retain a copy of the payroll record provided by the
contractor for the duration of the contract.



1695.6.  No person shall knowingly enter into an agreement for the
services of a farm labor contractor who is not licensed under this
chapter.


1695.7.  (a) (1) Prior to entering into any contract or agreement to
supply agricultural labor or services to a grower, a farm labor
contractor shall first provide to the grower a copy of his or her
current valid state license.  A failure to do so is a violation of
this chapter.  The grower shall keep a copy of the license for a
period of three years following the termination of the contract or
agreement.
   (2) In the event that the licensee or prospective licensee has
fulfilled all the requirements for a license, but the Labor
Commissioner has not been able to timely issue or renew a license,
the Labor Commissioner shall issue to the person applying for a
license, or renewal of a license, a letter of authorization
permitting that person to operate or continue to operate as a farm
labor contractor.  For purposes of this section, a "valid state
license" shall include a letter of authorization issued pursuant to
this paragraph.
   (3) (A) No grower shall enter into a contract or agreement with a
person acting in the capacity of a farm labor contractor who fails to
provide a copy of his or her license.  A grower has an affirmative
obligation to inspect the license of any person contracted as a farm
labor contractor, a copy of whose license is provided to the grower
pursuant to paragraph (1), and to verify that the license is valid.
The grower shall request verification from the license verification
unit by the close of the third business day following the day on
which the farm labor contractor is engaged.  The grower may be
supplied services by the farm labor contractor and shall not be
liable under this section for an invalid license while awaiting
verification from the verification unit.  The verification received
from the license verification unit shall serve as conclusive evidence
of the grower's compliance with this subparagraph.  The verification
shall be valid until the farm labor contractor's license expires.
Failure to comply with this subparagraph is a violation of this
chapter.
   (B) A farm labor contractor has an affirmative obligation to
inspect the license of any person contracted by the farm labor
contractor who is acting in the capacity of a farm labor contractor a
copy of whose license is provided to the farm labor contractor
pursuant to Section 1695.9, and to verify that the license is valid.
The farm labor contractor shall request verification from the
license verification unit by the close of the third business day
following the day on which the individual who is acting as the farm
labor contractor is engaged.  The farm labor contractor may be
supplied services by the acting farm labor contractor and shall not
be liable under this section for an invalid license while awaiting
verification from the verification unit.  The verification received
from the license verification unit shall serve as conclusive evidence
of the farm labor contractor's compliance with this subparagraph.
The verification shall be valid until the individual's license
expires. Failure to comply with this subparagraph is a violation of
this chapter.
   (C) If a determination is made by the Labor Commissioner that the
verification system is inoperable, no grower or farm labor contractor
shall be liable under this section until seven business days after
the Labor Commissioner determines the system is operable and has made
public notice to affected parties.
   (4) (A) If a contract or agreement entered into with a farm labor
contractor extends beyond the expiration date of his or her license,
or extends beyond the date contained in the letter of authorization
to operate, the farm labor contractor shall provide to the grower,
upon renewal of the license or issuance of the letter of
authorization a copy of his or her current valid renewed license or a
copy of a letter of authorization issued by the Labor Commissioner.
In the event the farm labor contractor's license is not renewed, the
farm labor contractor shall notify the grower within three days.
   (B) If a contract or agreement entered into by a farm labor
contractor with another farm labor contractor extends beyond the
expiration date of his or her license, or extends beyond the date
contained in the letter of authorization to operate, the other farm
labor contractor shall provide to the farm labor contractor, upon
renewal of the license or issuance of the letter of authorization a
copy of his or her current valid renewed license or a copy of a
letter of authorization issued by the Labor Commissioner.  In the
event the license of a person contracted by a farm labor contractor
who is acting as farm labor contractor is not renewed, the person
shall notify the farm labor contractor within three days.
   (b) A failure by a farm labor contractor to provide a copy of his
or her license to the grower shall not constitute a defense against
liability under this section for a grower who subsequently fails to
comply with the requirements of subparagraph (A) of paragraph (3) of
subdivision (a).  A failure by a person acting as a farm labor
contractor who is contracted by a farm labor contractor to provide a
copy of his or her license to the farm labor contractor shall not
constitute a defense against liability under this section for a farm
labor contractor who subsequently fails to comply with the
requirements of subparagraph (B) of paragraph (3) of subdivision (a).

   (c) (1) Any person who acts in the capacity of a farm labor
contractor without first securing a license or while his or her
license has been suspended or revoked is guilty of a misdemeanor
punishable by a fine of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000), or imprisonment in the
county jail for not more than six months, or both, and is subject to
other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.
   (2) Any grower or farm labor contractor who enters into a contract
or agreement in violation of this section shall be subject to a
civil action by an aggrieved worker for any claims arising from the
contract or agreement that are a direct result of any violation of
any state law regulating wages, housing, pesticides, or
transportation committed by the unlicensed farm labor contractor.
The court shall grant a prevailing plaintiff reasonable attorney's
fees and costs.
   (3) On or after January 1, 2003, any grower, farm labor
contractor, or other person acting either individually or as an
officer, agent, or employee of any grower or farm labor contractor
who knowingly and willfully fails to pay, or causes the failure to
pay, wages as set forth in subdivision (b) of Section 1199, or any
higher wages that have been agreed to, is guilty of a misdemeanor
punishable as set forth in subdivision (f).  However, if the
prosecutor elects to prosecute any grower, farm labor contractor, or
other person pursuant to this paragraph and subdivision (f), multiple
failures to pay wages within a single payroll and in a single pay
period shall constitute one violation.
   (4) Any aggrieved worker who, claims a violation of this section,
may bring a civil action for injunctive relief and lost wages as
provided in Section 218, and, upon prevailing, shall recover
reasonable attorney's fees and costs.
   (d) As used in this section:
   (1) "Business day" means any day on which the offices of the
license verification unit are open to the public for the conducting
of business.
   (2) "Grower" means any person who owns or leases land used for the
planting, cultivation, production, harvesting, or packing of any
farm products, if he or she hires or uses persons acting as farm
labor contractors, and includes a packing shed or a person or entity
who farms the land on behalf of the land owner, whether or not he or
she owns or leases the land.
   (3) "Inspect," with regard to inspecting a license, means to
examine the license to determine whether it reasonably appears on its
face to be genuine.
   (4) "License verification unit" means the Farm Labor Contractor
License Verification Unit established pursuant to subdivision (e).
   (5) "Verify," with respect to verifying a license, means to
contact by telephone, facsimile, website, electronic mail, or other
means as determined by the Labor Commissioner, the license
verification unit to confirm the validity of a license and to record
in the requester's files the unique verification number provided by
the license verification unit to document that the requester
confirmed the validity of the license of the farm labor contractor
with whom he or she has entered into a contract or agreement to
supply services.
   (e) The Labor Commissioner shall establish and maintain a Farm
Labor Contractor License Verification Unit commencing no later than
July 1, 2002.  The license verification unit shall, upon the request
of a grower or farm labor contractor, certify the status of a state
license issued to a farm labor contractor.  The license verification
unit shall assign a unique verification number to the request and the
unit shall within 24 hours send by mail, or, if available, by
facsimile or electronic mail, confirmation that will serve as
conclusive evidence of compliance with the verification requirements
of this section.  The obligation under this section to verify
licenses shall not become operative and the penalties for failure to
verify a license shall not be applicable until three months after the
license verification unit becomes operational, as certified by the
State Auditor.
   (f) (1) On or after January 1, 2003, a violation of paragraph (3)
of subdivision (c) is a misdemeanor and is punishable as provided in
subdivision (a) of Section 1697, except that the fine portion of the
penalty shall be as follows:
   (A) Upon conviction for a first violation, by a fine of not less
than one thousand dollars ($1,000) nor more than five thousand
dollars ($5,000), and is subject to other sanctions under this
chapter, including subdivisions (b) and (c) of Section 1697.  Upon
conviction, the Labor Commissioner shall revoke the defendant's
license and the defendant shall be ineligible for a license for a
period of one year from the date of revocation.
   (B) Upon a conviction for a violation committed within three years
after a conviction for a prior violation, by a fine of not less than
ten thousand dollars ($10,000) and is subject to other sanctions
under this chapter, including subdivisions (b) and (c) of Section
1697.  Upon a second conviction, the Labor Commissioner shall revoke
the defendant's license and the defendant shall be ineligible for a
license for a period of two years from the date of revocation.
   (C) Upon a conviction for a violation committed within five years
after a second conviction pursuant to subparagraph (B), by a fine of
not less than twenty-five thousand dollars ($25,000), and is subject
to other sanctions under this chapter, including subdivisions (b) and
(c) of Section 1697.  Upon a third conviction, the Labor
Commissioner shall revoke the defendant's license and the defendant
shall not thereafter be eligible to obtain a license.
   (2) If a person is prosecuted under this subdivision, that person
may not be prosecuted under any other law if the prosecution would be
based upon the same set of facts as the prosecution under this
subdivision.
   (g) A farm labor contractor, a person contracted by a farm labor
contractor who is acting in the capacity of a farm labor contractor,
or an employer of a farm labor contractor is subject to Section 98.6
and 1102.5.



1695.8.  (a) No person whose license was suspended, revoked, or
denied renewal by the Labor Commissioner shall perform any activity
or service specified in subdivision (b) of Section 1682 or in Section
1682.3 to, for, or under the direction of a farm labor contractor,
whether as an employee, independent contractor, or otherwise, for
three years after the license is suspended, revoked, or denied
renewal, or until the license is reinstated, whichever first occurs.

   (b) No farm labor contractor shall knowingly contract with or use
any person specified in subdivision (a), whether as an employee,
independent contractor, or otherwise, to perform an activity or
service specified in subdivision (b) of Section 1682 or in Section
1682.3 for three years after the license of the person is suspended,
revoked, or denied renewal, or until the license is reinstated,
whichever first occurs.



1695.9.  Any person contracted by a farm labor contractor who is
acting in the capacity of a farm labor contractor shall first provide
to the farm labor contractor a copy of his or her current valid
state license.  A farm labor contractor is responsible for ensuring
that every person who is performing farm labor contracting activities
on behalf of the farm labor contractor has obtained a farm labor
contractor license as required by Section 1683 prior to the person's
engagement in any activity described in subdivision (b) of Section
1682.  A farm labor contractor who utilizes the services of another
farm labor contractor who is not his or her employee shall also
comply with the provisions of this chapter.  The farm labor
contractor is responsible for any violations of this chapter
committed by his or her employee, whether or not the employee has
registered as required by this chapter.  The farm labor contractor
shall keep a copy of the license or licenses for a period of three
years following the termination of the contract or agreement.




1696.  No licensee shall:
   (1) Make any misrepresentation or false statement in his
application for a license.
   (2) Make or cause to be made, to any person, any false,
fraudulent, or misleading representation, or publish or circulate or
cause to be published or circulated any false, fraudulent, or
misleading information concerning the terms or conditions or
existence of employment at any place or places, or by any person or
persons, or of any individual or individuals.
   (3) Send or transport any worker to any place where the labor
contractor knows a strike or lockout exists, without notifying the
worker that such conditions exist.
   (4) Do any act in his capacity as a farm labor contractor, or
cause any act to be done, which constitutes a crime involving moral
turpitude, or the effect of which causes any act to be done which
constitutes a crime involving moral turpitude under any law of the
State of California.


1696.2.  All vehicles used by a licensee for the transportation of
individuals in his operations as a farm labor contractor shall have
displayed prominently at the entrance of such vehicle the name of the
farm labor contractor and the number of his license as issued by the
Labor Commissioner pursuant to this chapter.


1696.3.  Any farm labor contractor or person employed by a farm
labor contractor who operates a bus or truck in the transportation of
individuals in connection with the business, activities, or
operations of a farm labor contractor shall be licensed as required
by Section 12519 of the Vehicle Code.



1696.4.  (a) All vehicles defined in Section 322 of the Vehicle
Code, including those described in Section 1696.3, used by a farm
labor contractor for the transportation of individuals in his or her
operations as a farm labor contractor, including, but not limited to,
vehicles not owned by that contractor, shall be registered with the
Labor Commissioner.  The registration shall include the name of the
owner and driver of the vehicle, and the license number and
description of the vehicle.  The Labor Commissioner shall require, as
a condition of registration, that the farm labor contractor submit
evidence showing that the contractor has in effect an insurance
policy applicable to the vehicle, as required by Section 1695.
   (b) Commencing on April 1, 2000, and quarterly thereafter, the
Labor Commissioner shall provide the Commissioner of the California
Highway Patrol with a list of all vehicles registered pursuant to
subdivision (a).


1696.5.  Every licensee shall, at the time of each payment of wages,
which shall be not less often than once every week as required by
Section 205 of this code, furnish each of the workers employed by him
either as a detachable part of the check, draft, or voucher paying
the employee's wages, or separately, an itemized statement in writing
showing in detail each and every deduction made from such wages.




1696.6.  (a) No licensee shall recruit or solicit and transport an
employee for farmwork unless he has first obtained, either orally or
in writing, a bona fide order for such employment.
   (b) Any farm labor contractor who recruits or solicits a
farmworker without a bona fide order and induces him to be
transported to a proposed jobsite and does not then provide
employment for him shall pay wages to such farmworker at the agreed
rate of pay for the job to which he was being transported and for the
elapsed time from the point of departure with return to the same
place.



1696.8.  (a) The director shall establish a Farm Labor Contractor
Enforcement Unit.  The unit shall develop a program to provide
technical assistance to a district attorney's office that establishes
a local farm labor contractor enforcement unit.  A local farm labor
contractor enforcement unit established pursuant to this section
shall, whenever possible, coordinate its enforcement efforts with the
Rural Crime Prevention Program in its jurisdiction, if any,
established pursuant to Section 14171 of the Penal Code.  Any funds
appropriated to the department for purposes of this section shall be
administered and allocated by the director.
   (b) A local farm labor contractor enforcement unit that receives
technical assistance pursuant to this section shall concentrate
enhanced prosecution efforts and resources on the prosecution of farm
labor contractors who violate a state law regulating wages.  For
purposes of this subdivision, "enhanced prosecution efforts and
resources" include, but are not limited to, all of the following:
   (1) "Vertical" prosecutorial representation, whereby the
prosecutor who makes the initial filing or appearance performs all
subsequent court appearances on a particular case through its
conclusion, including the sentencing phase.
   (2) Assignment of highly qualified investigators and prosecutors
to farm labor enforcement cases.
   (3) Significant reduction of caseloads for investigators and
prosecutors assigned to farm labor enforcement cases.



1697.  (a) Any person who violates this chapter, or who causes or
induces another to violate this chapter, is guilty of a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000),
or imprisonment in the county jail for not more than six months, or
both.
   (b) Any employee aggrieved by any violation of this chapter, other
than acts and conduct also proscribed by Sections 1153, 1154, and
1155, may do all of the following:
   (1) Bring a civil action for injunctive relief or damages, or
both, against a farm labor contractor or unlicensed farm labor
contractor who violates this chapter  and, upon prevailing, shall
recover reasonable attorney's fees.
   (2) Enforce the liability on the farm labor contractor's bond.
   (c) Any farm labor contractor who engages in farm labor
contracting activities after his or her license has been suspended or
revoked is guilty of an offense punishable by a fine of not less
than one thousand dollars ($1,000) and not more than five thousand
dollars ($5,000), or by imprisonment for not less than six months and
not more than one year, or both.


1697.1.  (a) No person shall make, or cause to be made, false,
fraudulent, or misleading representations that employment in the
growing or producing of farm products, or an employee benefit related
to that employment, will be jeopardized unless an individual or his
or her family members pay a fee or other thing of value for
transportation by that person to or from the business or worksite of
an employer.
   (b) Any person who violates this section, or who causes or induces
another to violate this section, is guilty of a misdemeanor
punishable by a fine of not more than five thousand dollars ($5,000)
and not less than five hundred dollars ($500), or imprisonment in the
county jail for not more than 30 days, or both.
   (c) Any individual claiming to be aggrieved by a violation of this
section may bring a civil action for injunctive relief, damages, or
both.  If the court finds that the defendant has violated this
section, it shall award actual damages, plus an amount equal to
treble the amount of actual damages, or five hundred dollars ($500)
per violation, whichever is greater.  The court shall also grant a
prevailing plaintiff reasonable attorneys' fees and costs.
   (d) Any other party who, upon information and belief, claims a
violation of this section has been committed may bring a civil action
for injunctive relief on behalf of the general public and, upon
prevailing, shall recover reasonable attorneys' fees and costs.




1697.2.  Actions brought under this chapter shall be set for trial
at the earliest possible date, and shall take precedence over all
other cases, except older matters of the same character and matters
to which special precedence may be given by law.




1697.3.  Upon the final determination of the Labor Commissioner that
a grower, a farm labor contractor, or person acting in the capacity
of a farm labor contractor has failed to pay wages to its employees,
the grower, farm labor contractor, or person acting in the capacity
of a farm labor contractor shall immediately pay those wages.  If
payment is not made within 30 days of the final determination, the
Labor Commissioner shall forward the matter for consideration of
prosecution to the local district attorney's office.



1698.  All fines collected for violations of this chapter shall be
paid into the Farmworker Remedial Account and shall be available,
upon appropriation, for purposes of this chapter. Of the moneys
collected for licenses issued pursuant to this chapter, one hundred
fifty dollars ($150) of each annual license fee shall be deposited in
the Farmworker Remedial Account pursuant to paragraph (4) of
subdivision (a) of Section 1684, three hundred fifty dollars ($350)
of each annual license fee shall be expended by the Labor
Commissioner to fund the Farm Labor Contractor Enforcement Unit and
the Farm Labor Contractor License Verification Unit, both within the
department, and the remaining money shall be paid into the State
Treasury and credited to the General Fund.



1698.1.  No licensee shall sell, transfer or give away any interest
in or the right to participate in the profits of said licensee's
business without the written consent of the Labor Commissioner.  A
violation of this section shall constitute a misdemeanor, and shall
be punishable by a fine of not less than two hundred dollars ($200)
nor more than two thousand dollars ($2,000), or imprisonment for not
more than 60 days, or both.



1698.2.  No licensee shall knowingly issue a contract for employment
containing any term or condition which, if complied with, would be
in violation of law, or attempt to fill an order for help to be
employed in violation of law.


1698.3.  No licensee shall accept a fee from any applicant for
employment, or send any applicant for employment without having
obtained orally or in writing, a bona fide order therefor, and in no
case shall such licensee accept, directly or indirectly, a
registration fee of any kind.



1698.4.  No licensee shall send or cause to be sent, any woman or
minor under the age of 18 years, as an employee to any house of ill
fame, to any house or place of amusement for immoral purpose, to
places resorted to for the purposes of prostitution, or to gambling
houses, the character of which places the licensee could have
ascertained upon reasonable inquiry.



1698.5.  No licensee shall send any minor to any saloon or place
where intoxicating liquors are sold to be consumed on the premises.



1698.6.  No licensee shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent his premises.


1698.7.  No licensee shall accept any application for employment
made by or on behalf of any child, or shall place or assist in
placing any such child in any employment whatever in violation of
Part 4 (commencing with Section 1171) of this division.




1698.8.  No licensee shall divide fees with an employer, an agent or
other employee of an employer or person to whom help is furnished.



1699.  The Labor Commissioner may, in accordance with the provisions
of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3,
Title 2 of the Government Code, adopt, amend, and repeal such rules
and regulations as are reasonably necessary for the purpose of
enforcing and administering this chapter and as are not inconsistent
with this chapter.

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1700.  As used in this chapter, "person" means any individual,
company, society, firm, partnership, association, corporation,
limited liability company, manager, or their agents or employees.



1700.1.  As used in this chapter:
   (a) "Theatrical engagement" means any engagement or employment of
a person as an actor, performer, or entertainer in a circus,
vaudeville, theatrical, or other entertainment, exhibition, or
performance.
   (b) "Motion picture engagement" means any engagement or employment
of a person as an actor, actress, director, scenario, or continuity
writer, camera man, or in any capacity concerned with the making of
motion pictures.
   (c) "Emergency engagement" means an engagement which has to be
performed within 24 hours from the time when the contract for such
engagement is made.


1700.2.  (a) As used in this chapter, "fee" means any of the
following:
   (1) Any money or other valuable consideration paid or promised to
be paid for services rendered or to be rendered by any person
conducting the business of a talent agency under this chapter.
   (2) Any money received by any person in excess of that which has
been paid out by him or her for transportation, transfer of baggage,
or board and lodging for any applicant for employment.
   (3) The difference between the amount of money received by any
person who furnished employees, performers, or entertainers for
circus, vaudeville, theatrical, or other entertainments, exhibitions,
or performances, and the amount paid by him or her to the employee,
performer, or entertainer.
   (b) As used in this chapter, "registration fee" means any charge
made, or attempted to be made, to an artist for any of the following
purposes:
   (1)  Registering or listing an applicant for employment in the
entertainment industry.
   (2)  Letter writing.
   (3)  Photographs, film strips, video tapes, or other reproductions
of the applicant.
   (4)  Costumes for the applicant.
   (5) Any activity of a like nature.


1700.3.  As used in this chapter:
   (a) "License" means a license issued by the Labor Commissioner to
carry on the business of a talent agency under this chapter.
   (b) "Licensee" means a talent agency which holds a valid,
unrevoked, and unforfeited license under this chapter.



1700.4.  (a)  "Talent agency" means a person or corporation who
engages in the occupation of procuring, offering, promising, or
attempting to procure employment or engagements for an artist or
artists, except that the activities of procuring, offering, or
promising to procure recording contracts for an artist or artists
shall not of itself subject a person or corporation to regulation and
licensing under this chapter.  Talent agencies may, in addition,
counsel or direct artists in the development of their professional
careers.
   (b) "Artists" means actors and actresses rendering services on the
legitimate stage and in the production of motion pictures, radio
artists, musical artists, musical organizations, directors of
legitimate stage, motion picture and radio productions, musical
directors, writers, cinematographers, composers, lyricists,
arrangers, models, and other artists and persons rendering
professional services in motion picture, theatrical, radio,
television and other entertainment enterprises.

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1700.5.  No person shall engage in or carry on the occupation of a
talent agency without first procuring a license therefor from the
Labor Commissioner. The license shall be posted in a conspicuous
place in the office of the licensee.  The license number shall be
referred to in any advertisement for the purpose of the solicitation
of talent for the talent agency.
   Licenses issued for talent agencies prior to the effective date of
this chapter shall not be invalidated thereby, but renewals of those
licenses shall be obtained in the manner prescribed by this chapter.




1700.6.  A written application for a license shall be made to the
Labor Commissioner in the form prescribed by him or her and shall
state:
   (a) The name and address of the applicant.
   (b) The street and number of the building or place where the
business of the talent agency is to be conducted.
   (c) The business or occupation engaged in by the applicant for at
least two years immediately preceding the date of application.
   (d) If the applicant is other than a corporation, 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 operation of the talent agency in question,
together with the amount of their respective interests.
   If the applicant is a corporation, the corporate name, the names,
residential addresses, and telephone numbers of all officers of the
corporation, the names of all persons exercising managing
responsibility in the applicant or licensee's office, and the names
and addresses of all persons having a financial interest of 10
percent or more in the business and the percentage of financial
interest owned by those persons.
   The application shall be accompanied by two sets of fingerprints
of the applicant and affidavits of at least two reputable residents
of the city or county in which the business of the talent agency is
to be conducted who have known, or been associated with, the
applicant for two years, that the applicant is a person of good moral
character or, in the case of a corporation, has a reputation for
fair dealing.



1700.7.  Upon receipt of an application for a license the Labor
Commissioner may cause an investigation to be made as to the
character and responsibility of the applicant and of the premises
designated in such application as the place in which it is proposed
to conduct the business of the talent agency.



1700.8.  The commissioner upon proper notice and hearing may refuse
to grant a license.  The proceedings shall be conducted in accordance
with Chapter 5 (commencing at Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code and the commissioner shall have
all the power granted therein.


1700.9.  No license shall be granted to conduct the business of a
talent agency:
   (a)  In a place that would endanger the health, safety, or welfare
of the artist.
   (b) To a person whose license has been revoked within three years
from the date of application.



1700.10.  The license when first issued shall run to the next
birthday of the applicant, and each license shall then be renewed
within the 30 days preceding the licensee's birthday and shall run
from birthday to birthday.  In case the applicant is a partnership,
such license shall be renewed within the 30 days preceding the
birthday of the oldest partner.  If the applicant is a corporation,
such license shall be renewed within the 30 days preceding the
anniversary of the date the corporation was lawfully formed.  Renewal
shall require the filing of an application for renewal, a renewal
bond, and the payment of the annual license fee, but the Labor
Commissioner may demand that a new application or new bond be
submitted.
   If the applicant or licensee desires, in addition, a branch office
license, he shall file an application in accordance with the
provisions of this section as heretofore set forth.



1700.11.  All applications for renewal shall state 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 operation of the business of the talent
agency.



1700.12.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time the application for issuance of a
talent agency license is filed.
   In addition to the filing fee required for application for
issuance of a talent agency license, every talent agency shall pay to
the Labor Commissioner annually at the time a license is issued or
renewed:
   (a) A license fee of two hundred twenty-five dollars ($225).
   (b) Fifty dollars ($50) for each branch office maintained by the
talent agency in this state.


1700.13.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time application for consent to the
transfer or assignment of a talent agency license is made but no
license fee shall be required upon the assignment or transfer of a
license.
   The location of a talent agency shall not be changed without the
written consent of the Labor Commissioner.



1700.14.  Whenever an application for a license or renewal is made,
and application processing pursuant to this chapter has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional license valid for a period not
exceeding 90 days, and subject, where appropriate, to the automatic
and summary revocation by the Labor Commissioner.  Otherwise, the
conditions for issuance or renewal shall meet the requirements of
Section 1700.6.


1700.15.  A talent agency shall also deposit with the Labor
Commissioner, prior to the issuance or renewal of a license, a surety
bond in the penal sum of fifty thousand dollars ($50,000).



1700.16.  Such surety bonds shall be payable to the people of the
State of California, and shall be conditioned that the person
applying for the license will comply with this chapter and will pay
all sums due any individual or group of individuals when such person
or his representative or agent has received such sums, and will pay
all damages occasioned to any person by reason of misstatement,
misrepresentation, fraud, deceit, or any unlawful acts or omissions
of the licensed talent agency, or its agents or employees, while
acting within the scope of their employment.



1700.18.  All moneys collected for licenses and all fines collected
for violations of the provisions of this chapter shall be paid into
the State Treasury and credited to the General Fund.



1700.19.  Each license shall contain all of the following:
   (a) The name of the licensee.
   (b) A designation of the city, street, and number of the premises
in which the licensee is authorized to carry on the business of a
talent agency.
   (c) The number and date of issuance of the license.



1700.20.  No license shall protect any other than the person to whom
it is issued nor any places other than those designated in the
license.  No license shall be transferred or assigned to any person
unless written consent is obtained from the Labor Commissioner.




1700.20a.  The Labor Commissioner may issue to a person eligible
therefor a certificate of convenience to conduct the business of a
talent agency where the person licensed to conduct such talent agency
business has died or has had a conservator of the estate appointed
by a court of competent jurisdiction.  Such a certificate of
convenience may be denominated an estate certificate of convenience.



1700.20b.  To be eligible for a certificate of convenience, a person
shall be either:
   (a) The executor or administrator of the estate of a deceased
person licensed to conduct the business of a talent agency.
   (b) If no executor or administrator has been appointed, the
surviving spouse or heir otherwise entitled to conduct the business
of such deceased licensee.
   (c) The conservator of the estate of a person licensed to conduct
the business of a talent agency.
   Such estate certificate of convenience shall continue in force for
a period of not to exceed 90 days, and shall be renewable for such
period as the Labor Commissioner may deem appropriate, pending the
disposal of the talent agency license or the procurement of a new
license under the provisions of this chapter.



1700.21.  The Labor Commissioner may revoke or suspend any license
when it is  shown that any of the following occur:
   (a) The licensee or his or her agent has violated or failed to
comply with any of the provisions of this chapter.
   (b) The licensee has ceased to be of good moral character.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee has made any material misrepresentation or false
statement in his or her application for a license.



1700.22.  Before revoking or suspending any license, the Labor
Commissioner shall afford the holder of such license an opportunity
to be heard in person or by counsel.  The proceedings shall be
conducted in accordance with Chapter 5 (commencing at Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code, and the
commissioner shall have all the powers granted therein.

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1700.23.  Every talent agency shall submit to the Labor Commissioner
a form or forms of contract to be utilized by such talent agency in
entering into written contracts with artists for the employment of
the services of such talent agency by such artists, and secure the
approval of the Labor Commissioner thereof.  Such approval shall not
be withheld as to any proposed form of contract unless such proposed
form of contract is unfair, unjust and oppressive to the artist.
Each such form of contract, except under the conditions specified in
Section 1700.45, shall contain an agreement by the talent agency to
refer any controversy between the artist and the talent agency
relating to the terms of the contract to the Labor Commissioner for
adjustment.  There shall be printed on the face of the contract in
prominent type the following:  "This talent agency is licensed by the
Labor Commissioner of the State of California."



1700.24.  Every talent agency shall file with the Labor Commissioner
a schedule of fees to be charged and collected in the conduct of
that occupation, and shall also keep a copy of the schedule posted in
a conspicuous place in the office of the talent agency.  Changes in
the schedule may be made from time to time, but no fee or change of
fee shall become effective until seven days after the date of filing
thereof with the Labor Commissioner and until posted for not less
than seven days in a conspicuous place in the office of the talent
agency.


1700.25.  (a) A licensee who receives any payment of funds on behalf
of an artist shall immediately deposit that amount in a trust fund
account maintained by him or her in a bank or other recognized
depository.  The funds, less the licensee's commission, shall be
disbursed to the artist within 30 days after receipt.  However,
notwithstanding the preceding sentence, the licensee may retain the
funds beyond 30 days of receipt in either of the following
circumstances:
   (1) To the extent necessary to offset an obligation of the artist
to the talent agency that is then due and owing.
   (2) When the funds are the subject of a controversy pending before
the Labor Commissioner under Section 1700.44 concerning a fee
alleged to be owed by the artist to the licensee.
   (b) A separate record shall be maintained of all funds received on
behalf of an artist and the record shall further indicate the
disposition of the funds.
   (c) If disputed by the artist and the dispute is referred to the
Labor Commissioner, the failure of a licensee to disburse funds to an
artist within 30 days of receipt shall constitute a "controversy"
within the meaning of Section 1700.44.
   (d) Any funds specified in subdivision (a) that are the subject of
a controversy pending before the Labor Commissioner under Section
1700.44 shall be retained in the trust fund account specified in
subdivision (a) and shall not be used by the licensee for any purpose
until the controversy is determined by the Labor Commissioner or
settled by the parties.
   (e) If the Labor Commissioner finds, in proceedings under Section
1700.44, that the licensee's failure to disburse funds to an artist
within the time required by subdivision (a) was a willful violation,
the Labor Commissioner may, in addition to other relief under Section
1700.44, order the following:
   (1) Award reasonable attorney's fees to the prevailing artist.
   (2) Award interest to the prevailing artist on the funds
wrongfully withheld at the rate of 10 percent per annum during the
period of the violation.
   (f) Nothing in subdivision (c), (d), or (e) shall be deemed to
supersede Section 1700.45 or to affect the enforceability of a
contractual arbitration provision meeting the criteria of Section
1700.45.



1700.26.  Every talent agency shall keep records in a form approved
by the Labor Commissioner, in which shall be entered all of the
following:
   (1) The name and address of each artist employing the talent
agency.
   (2) The amount of fee received from the artist.
   (3) The employments secured by the artist during the term of the
contract between the artist and the talent agency, and the amount of
compensation received by the artists pursuant thereto.
   (4) Any other information which the Labor Commissioner requires.
   No talent agency, its agent or employees, shall make any false
entry in any records.


1700.27.  All books, records, and other papers kept pursuant to this
chapter by any talent agency shall be open at all reasonable hours
to the inspection of the Labor Commissioner and his agents.  Every
talent agency shall furnish to the Labor Commissioner upon request a
true copy of such books, records, and papers or any portion thereof,
and shall make such reports as the Labor Commissioner prescribes.




1700.28.  Every talent agency shall post in a conspicuous place in
the office of such talent agency a printed copy of this chapter and
of such other statutes as may be specified by the Labor Commissioner.
  Such copies shall also contain the name and address of the officer
charged with the enforcement of this chapter.  The Labor Commissioner
shall furnish to talent agencies printed copies of any statute
required to be posted under the provisions of this section.



1700.29.  The Labor Commissioner may, in accordance with the
provisions of Chapter 4 (commencing at Section 11370), Part 1,
Division 3, Title 2 of the Government Code, adopt, amend, and repeal
such rules and regulations as are reasonably necessary for the
purpose of enforcing and administering this chapter and as are not
inconsistent with this chapter.



1700.30.  No talent agency shall sell, transfer, or give away to any
person other than a director, officer, manager, employee, or
shareholder of the talent agency any interest in or the right to
participate in the profits of the talent agency without the written
consent of the Labor Commissioner.



1700.31.  No talent agency shall knowingly issue a contract for
employment containing any term or condition which, if complied with,
would be in violation of law, or attempt to fill an order for help to
be employed in violation of law.


1700.32.  No talent agency shall publish or cause to be published
any false, fraudulent, or misleading information, representation,
notice, or advertisement.  All advertisements of a talent agency by
means of cards, circulars, or signs, and in newspapers and other
publications, and all letterheads, receipts, and blanks shall be
printed and contain the licensed name and address of the talent
agency and the words "talent agency."  No talent agency shall give
any false information or make any false promises or representations
concerning an engagement or employment to any applicant who applies
for an engagement or employment.


1700.33.  No talent agency shall send or cause to be sent, any
artist to any place where the health, safety, or welfare of the
artist could be adversely affected, the character of which place the
talent agency could have ascertained upon reasonable inquiry.




1700.34.  No talent agency shall send any minor to any saloon or
place where intoxicating liquors are sold to be consumed on the
premises.


1700.35.  No talent agency shall knowingly permit any persons of bad
character, prostitutes, gamblers, intoxicated persons, or procurers
to frequent, or be employed in, the place of business of the talent
agency.


1700.36.  No talent agency shall accept any application for
employment made by or on behalf of any minor, as defined by
subdivision (c) of Section 1286, or shall place or assist in placing
any such minor in any employment whatever in violation of Part 4
(commencing with Section 1171).



1700.37.  A minor cannot disaffirm a contract, otherwise valid,
entered into during minority, either during the actual minority of
the minor entering into such contract or at any time thereafter, with
a duly licensed talent agency as defined in Section 1700.4 to secure
him engagements to render artistic or creative services in motion
pictures, television, the production of phonograph records, the
legitimate or living stage, or otherwise in the entertainment field
including, but without being limited to, services as an actor,
actress, dancer, musician, comedian, singer, or other performer or
entertainer, or as a writer, director, producer, production
executive, choreographer, composer, conductor or designer, the blank
form of which has been approved by the Labor Commissioner pursuant to
Section 1700.23, where such contract has been approved by the
superior court of the county where such minor resides or is employed.

   Such approval may be given by the superior court on the petition
of either party to the contract after such reasonable notice to the
other party thereto as may be fixed by said court, with opportunity
to such other party to appear and be heard.



1700.38.  No talent agency shall knowingly secure employment for an
artist in any place where a strike, lockout, or other labor trouble
exists, without notifying the artist of such conditions.



1700.39.  No talent agency shall divide fees with an employer, an
agent or other employee of an employer.



1700.40.  (a) No talent agency shall collect a registration fee.  In
the event that a talent agency shall collect from an artist a fee or
expenses for obtaining employment for the artist, and the artist
shall fail to procure the employment, or the artist shall fail to be
paid for the employment, the talent agency shall, upon demand
therefor, repay to the artist the fee and expenses so collected.
Unless repayment thereof is made within 48 hours after demand
therefor, the talent agency shall pay to the artist an additional sum
equal to the amount of the fee.
   (b) No talent agency may refer an artist to any person, firm, or
corporation in which the talent agency has a direct or indirect
financial interest for other services to be rendered to the artist,
including, but not limited to, photography, audition tapes,
demonstration reels or similar materials, business management,
personal management, coaching, dramatic school, casting or talent
brochures, agency-client directories, or other printing.
   (c) No talent agency may accept any referral fee or similar
compensation from any person, association, or corporation providing
services of any type expressly set forth in subdivision (b) to an
artist under contract with the talent agency.



1700.41.  In cases where an artist is sent by a talent agency beyond
the limits of the city in which the office of such talent agency is
located upon the representation of such talent agency that employment
of a particular type will there be available for the artist and the
artist does not find such employment available, such talent agency
shall reimburse the artist for any actual expenses incurred in going
to and returning from the place where the artist has been so sent
unless the artist has been otherwise so reimbursed.



1700.44.  (a) In cases of controversy arising under this chapter,
the parties involved shall refer the matters in dispute to the Labor
Commissioner, who shall hear and determine the same, subject to an
appeal within 10 days after determination, to the superior court
where the same shall be heard de novo.  To stay any award for money,
the party aggrieved shall execute a bond approved by the superior
court in a sum not exceeding twice the amount of the judgment.  In
all other cases the bond shall be in a sum of not less than one
thousand dollars ($1,000) and approved by the superior court.
   The Labor Commissioner may certify without a hearing that there is
no controversy within the meaning of this section if he or she has
by investigation established that there is no dispute as to the
amount of the fee due.  Service of the certification shall be made
upon all parties concerned by registered or certified mail with
return receipt requested and the certification shall become
conclusive 10 days after the date of mailing if no objection has been
filed with the Labor Commissioner during that period.
   (b) Notwithstanding any other provision of law to the contrary,
failure of any person to obtain a license from the Labor Commissioner
pursuant to this chapter shall not be considered a criminal act
under any law of this state.
   (c) No action or proceeding shall be brought pursuant to this
chapter with respect to any violation which is alleged to have
occurred more than one year prior to commencement of the action or
proceeding.
   (d) It is not unlawful for a person or corporation which is not
licensed pursuant to this chapter to act in conjunction with, and at
the request of, a licensed talent agency in the negotiation of an
employment contract.



1700.45.  Notwithstanding Section 1700.44, a provision in a contract
providing for the decision by arbitration of any controversy under
the contract or as to its existence, validity, construction,
performance, nonperformance, breach, operation, continuance, or
termination, shall be valid:
   (a) If the provision is contained in a contract between a talent
agency and a person for whom the talent agency under the contract
undertakes to endeavor to secure employment, or
   (b) If the provision is inserted in the contract pursuant to any
rule, regulation, or contract of a bona fide labor union regulating
the relations of its members to a talent agency, and
   (c) If the contract provides for reasonable notice to the Labor
Commissioner of the time and place of all arbitration hearings, and
   (d) If the contract provides that the Labor Commissioner or his or
her authorized representative has the right to attend all
arbitration hearings.
   Except as otherwise provided in this section, any arbitration
shall be governed by the provisions of Title 9 (commencing with
Section 1280) of Part 3 of the Code of Civil Procedure.
   If there is an arbitration provision in a contract, the contract
need not provide that the talent agency agrees to refer any
controversy between the applicant and the talent agency regarding the
terms of the contract to the Labor Commissioner for adjustment, and
Section 1700.44 shall not apply to controversies pertaining to the
contract.
   A provision in a contract providing for the decision by
arbitration of any controversy arising under this chapter which does
not meet the requirements of this section is not made valid by
Section 1281 of the Code of Civil Procedure.



1700.47.  It shall be unlawful for any licensee to refuse to
represent any artist on account of that artist's race, color, creed,
sex, national origin, religion, or handicap.

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1701.  For purposes of this chapter, the following terms have the
following meanings:
   (a) (1) "Advance fee" means any fee due from or paid by an artist
prior to the artist obtaining actual employment as an artist or prior
to the artist receiving actual earnings as an artist or that exceeds
the actual earnings received by the artist as an artist.
   (2) "Advance fee" does not include reimbursements for
out-of-pocket costs actually incurred by the payee on behalf of the
artist for services rendered or goods provided to the artist by an
independent third party if all of the following conditions are met:
   (A) The payee has no direct or indirect financial interest in the
third party.
   (B) The payee does not accept any referral fee or other
consideration for referring the artist.
   (C) The services rendered or goods provided for the out-of-pocket
costs are not represented to be, and are not, a condition for the
payee to register or list the artist with the payee.
   (D) The payee maintains adequate records to establish that the
amount to be reimbursed was actually advanced or owed to a third
party and that the third party is not a person in which the payee has
a direct or indirect financial interest or from which the payee
receives any consideration for referring the artist.
   (E) The burden of producing evidence to support a defense based
upon an exemption or an exception provided in this paragraph is upon
the person claiming it.
   (b) "Advance-fee talent service" means a person who charges,
attempts to charge, or receives an advance fee from an artist for one
or more of the following, or for the purchase of any other product
or service, including, but not limited to, those described in
subdivisions (e) to (i), inclusive, of Section 1701.12, in order to
obtain from or through the service one or more of the following:
   (1) Procuring, offering, promising, or attempting to procure
employment, engagements, or auditions for the artist.
   (2) Managing or directing the development or advancement of the
artist's career as an artist.
   (3) Career counseling, career consulting, vocational guidance,
aptitude testing, evaluation, or planning, in each case relating to
the preparation of the artist for employment as an artist.
   (c) "Artist" or "artists" means persons who seek to become or are
actors or actresses rendering services on the legitimate stage or in
the production of motion pictures, radio artists, musical artists,
musical organizations, directors of legitimate stage, motion picture
and radio productions, musical directors, writers, cinematographers,
composers, lyricists, arrangers, models, extras, and other artists or
persons rendering professional services in motion picture,
theatrical, radio, television, and other entertainment enterprises.
   (d) "Fee" means any money or other valuable consideration paid or
promised to be paid by or for an artist for services rendered or to
be rendered by any person conducting the business of an advance-fee
talent service.
   (e) "Person" means any individual, company, society, firm,
partnership, association, corporation, limited liability company,
trust, or other organization.



1701.1.  This chapter does not apply to any person exempt from
regulation under the Employment Agency, Employment Counseling, and
Job Listing Services Act (Title 2.91 (commencing with Section
1812.500) of Part 4 of Division 3 of the Civil Code) pursuant to
paragraph (2) of subdivision (b) of Section 1812.501 or Section
1812.502 of the Civil Code.



1701.2.  Compliance with this chapter does not satisfy or is not a
substitute for the requirements mandated by any other applicable law,
including the obligation to obtain a license under the Talent
Agencies Act (Chapter 4 (commencing with Section 1700)), prior to
procuring, offering, promising, or attempting to procure employment
or engagements for artists.

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1701.4.  (a) Every contract or agreement between an artist and an
advance-fee talent service for an advance fee shall be in writing.
The contract shall contain all of the following provisions and the
additional provisions, if any, as may be set forth in regulations
adopted by the Labor Commissioner from time to time:
   (1) The name, address, and telephone number of the advance-fee
talent service, the artist to whom the services are to be provided,
and the representative executing the contract on behalf of the
advance-fee talent service.
   (2) A description of the services to be performed, a statement
when those services are to be provided, the duration of the contract,
and refund provisions if the described services are not provided
according to the contract.
   (3) The amount of any fees to be charged to or collected from the
artist receiving the services or any other person and the date or
dates when those fees are required to be paid.
   (4) The following statements, in type no smaller than 10-point
boldface type and in close proximity to the artist's signature, shall
be included in the contract:
      RIGHT TO REFUND

   "If you pay all or any portion of a fee and you fail to receive
the services promised or that you were led to believe would be
performed, then (name of advance-fee talent service) shall, upon your
request, return the amount paid by you within 48 hours of your
request for a refund.  If the refund is not made within 48 hours,
then (name of advance-fee talent service) shall, in addition, pay you
a sum equal to the amount of the refund."


                      YOUR RIGHT TO CANCEL
                   (enter date of transaction)

     You may cancel this contract for advance-fee talent services,
without any penalty or obligation, if notice of cancellation is
given, in writing, within 10 business days from the above date.
     To cancel this contract, mail or deliver a signed and dated
copy of the following cancellation notice or any other written
notice of cancellation, or send a t