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Migrant Labor Camp License
The Environmental Stewardship Division (ESD) with the Michigan Department of Agriculture and Rural Development MDARD, has the responsibility for reviewing annual applications for licensing of agricultural labor camps under the authority of Part 124 of the Michigan Public Health Code, 1978 PA 368, as amended. The purpose of the licensing is to inspect agricultural labor camps as defined by the act to ensure that the housing and the site is established and maintained in a manner to protect the health and safety of the migrant farm workers and their families that occupy the sites.
A. NAME OF PERMIT OR APPROVAL: Agricultural Labor
B. STATUTORY AUTHORITY:
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
A person shall not operate an agricultural labor camp without a license under Part 124. The agricultural labor camp shall be operated only while the license remains in effect. "Agricultural labor camp" means a tract of land and all tents, vehicles, buildings, or other structures pertaining thereto, part of which is established, occupied, or used as living quarters for 5 or more migratory laborers engaged in agricultural activities, including related food processing.
2. Pre-Application Requirements
Complete and submit an Agricultural Labor Camp License Application to the Michigan Department of Agriculture and Rural Development.
An Agricultural Labor Camp owner/operator must comply with all applicable agricultural labor camp licensing rules established under Part 124.
An Agricultural Labor Camp owner/operator must arrange for a licensing inspection of their agricultural labor camp with MDARD staff prior to occupancy.
3. Application Submission Requirements
Annual submittal by January 25 of each year or 30 days prior to occupancy, whichever is earliest on a form (Agricultural Labor Camp License Application) provided by MDARD and containing all of the information required by the MDARD.
4. Procedures and Time-Frame for Obtaining Permit or Approval
Submittal of all required licensing application information on a form provided by the MDARD by January 25 of each year or 30 days prior to occupancy of agricultural labor camp. Owner/operator must request or arrange for an inspection of the agricultural labor camp by an MDARD inspector prior to occupancy.
After inspection of agricultural labor camp, MDARD makes a licensing recommendation. The MDARD central office receives the inspection report with the licensing recommendation and issues the license within a normal 14 day time frame.
Note: A copy of the licensing recommendation on inspection is left with the owner/operator and if approved, the camp may be occupied.
5. Operational Requirements
An agricultural labor camp owner or camp operator shall clearly explain to camp occupants their responsibilities as to camp occupancy and care. The camp owner or operator shall inspect the camp area, structures, toilets, showers, and other facilities at least once a week and ensure that each is maintained in a clean and orderly condition and that broken or damaged property is repaired.
The camp operator shall post the license or the license placard issued by the department in a conspicuous place in the agricultural labor camp to which it applies. The license or placard shall continue to remain posted during the entire time the agricultural labor camp is operated.
There are no application or licensing fees required.
7. Appeal Process
When the department denies an application for a license to operate an agricultural labor camp, it shall give written notice of the denial by certified mail to the applicant stating reasons for the denial. An applicant denied a license may request a hearing before the department on the denial not later than 4 days after receipt of the denial. The department shall hold the hearing on the denial not later than 7 days after receipt of the request.
8. Public Input Opportunities
The decision maker in this process is the Manager of the Migrant Labor Housing Program. Complaints or comments related to an agricultural labor camp may be filed with the MDARD at any time. The complaints are investigated through an established program procedure and if validated through a finding of a rule violation corrective action is ordered by the department. The MDARD maintains a list of licensed facilities and additional program information on the departmental web site Migrant Labor Housing.
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