W. Va. Code R. § 42-9-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-9-9 - Application for and Issuance of a Supervision Permit

9.1. When a minor wants to be employed under special circumstances, the Division's supervision permit form, available from the Commissioner and the Division's website (labor.wv.gov), shall be completed by the minor's prospective employer and the minor's parent.

9.2. The Division's supervision permit consists of three parts, as follows:

9.2.1. The minor's prospective employer shall complete Part A, to include the following information:

9.2.1.a. a description of the employer's business;

9.2.1.b. a detailed description of proposed terms and conditions of the minor's job, including the minor's work schedule, the days and hours of work each week, and total hours of work each week;

9.2.1.c. a detailed description of the proposed tasks the minor will perform, and specification of the machines and equipment the minor will use;

9.2.1.d. the name and job title of the person who is going to supervise the minor, the length of time the responsible supervisor has been employed by the employer, the specifics of the responsible supervisor's work schedule and a description of how the responsible supervisor will supervise the minor;

9.2.1.e. an explanation of the minor's special circumstances that are relevant to the proposed tasks the minor will perform and the machines and equipment the minor will use;

9.2.1.f. an explanation of how and why the proposed job will be in the minor's best interests; and

9.2.1.g. a statement that the employer is not subject to federal regulation regarding child labor;

9.2.2. After the prospective employer has completed Part A, the minor's parent shall complete Part B, to include the following information:

9.2.2.a. an explanation of how and why the proposed job will be in the minor's best interests;

9.2.2.b. a statement in support of the minor's proposed job;

9.2.2.c. a description of the minor's previous work experience or training relevant to the proposed job; and

9.2.2.d. a statement of any concerns, restrictions, or conditions regarding the proposed job that the parent or guardian believes are necessary to ensure that the minor's best interests will be met, including any training the parent or guardian believes the employer must provide.

9.3. Upon receipt of a properly completed application for a supervision permit, the Commissioner shall timely investigate the request, including interviewing the prospective employer and any other matters the Commissioner considers necessary.

9.4. If, after review of the supervision permit application and the investigation, the Commissioner finds the application to be in the minor's best interests, he or she may issue or modify the supervision permit to the employer and set forth the employer's responsibility to comply with all terms and conditions of the supervision permit. The Commissioner shall provide a copy of the supervision permit to the minor's parent or guardian.

9.5. If, after review, the Commissioner finds that the application is not in the minor's best interests, he or she shall provide the employer and the minor's parent or guardian with a written explanation for denying the application.

W. Va. Code R. § 42-9-9