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Bill Number: 524 Ratification Number: 209 Act Number 135 Introducing Body: Senate Subject: Child labor regulations; warning and fine for employer's violation
(A135, R209, S524)
AN ACT TO AMEND SECTION 41-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENGAGING IN OPPRESSIVE CHILD LABOR PRACTICES AND EMPLOYING A CHILD IN VIOLATION OF A CHILD LABOR REGULATION, SO AS TO DELETE THE PROVISIONS SETTING FORTH CRIMINAL PENALTIES FOR THE OFFENSES AND PROVIDE FOR A WARNING AND FINE FOR AN EMPLOYER'S VIOLATION OF A CHILD LABOR REGULATION, DETERMINATION OF THE FINDINGS OF THE COMMISSIONER OF LABOR UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND THE FINE'S RECOVERY AND DEPOSIT.
Be it enacted by the General Assembly of the State of South Carolina:
Child labor regulations; warning and fine for employer's violation
SECTION 1. Section 41-13-25 of the 1976 Code is amended to read:
"Section 41-13-25. (A) As determined by the Commissioner of Labor, an employer who violates a child labor regulation promulgated pursuant to this chapter must be given a written warning of the violation for a first offense and fined not less than ten dollars nor more than fifty dollars for each subsequent offense. Each day during which the violation continues is a separate offense, and each child employed in violation of a regulation is a separate offense.
(B) The findings of the commissioner, including the amount of the fine, are final unless within thirty days after receipt of their notice by certified mail the employer requests in writing to the commissioner a review of the findings or the amount of the fine. If a request for review is made to the commissioner, a final determination must be made after an opportunity for a hearing pursuant to the Administrative Procedures Act.
(C) The amount of the fine as finally determined may be recovered in a civil action brought in a court of competent jurisdiction and deposited in the state general fund."
SECTION 2. This act takes effect upon approval by the Governor.