(a) Referral for investigation. If possible fraud or willful
misrepresentation involving a temporary alien agricultural labor
certification application is discovered prior to a final temporary alien
agricultural labor certification determination or if it is learned that
the employer or agent (with respect to an application) is the subject of
a criminal indictment or information filed in a court, the RA shall
refer the matter to the INS and DOL Office of the Inspector General for
investigation. The RA shall continue to process the application and may
issue a temporary alien agricultural labor certification.
(b) Continued processing. If a court finds an employer or agent not
guilty of fraud or willful misrepresentation, or if the Department of
Justice decides not to prosecute an employer or agent, the RA shall not
deny the temporary alien agricultural labor certification application on
the grounds of fraud or willful misrepresentation. The application, of
course, may be denied for other reasons pursuant to this subpart.
(c) Terminated processing. If a court or the INS determines that
there was fraud or willful misrepresentation involving a temporary alien
agricultural labor certification application, the application is
thereafter invalid, consideration of the application shall be terminated
and the RA shall return the application to the employer or agent with
the reasons therefor stated in writing.
