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23-241. Application for variation; contents; notice; denial; hearing

A. A person who desires a variation from this article or a modification or renewal of a variation granted under this section shall file a written application with the director of the department of labor of the industrial commission containing the following information:

1. The name and address of the firm, the name and title of the person filing the application, the name and date of birth of the person under the age of eighteen years and the name and address of the school the person under the age of eighteen years is attending if the person is attending school.

2. The address of the place of employment involved and the type of business.

3. A specific description of the variation, modification or renewal sought.

4. A statement detailing how the granting of the variation would be in the best interests of the person under the age of eighteen years and the community.

5. A statement indicating any training the person under the age of eighteen years has received in the proposed employment, including a copy of certification of successful completion of any training program.

6. The maximum hours to be worked in the employment on a daily and weekly basis.

7. The scale of wages and the method and timing of payment of wages.

8. A statement of how the safety, health and personal well-being of the person under the age of eighteen years would be protected.

9. The name of the immediate supervisors and the frequency of supervision.

10. The approval of the parent or guardian.

B. The director, after conducting an investigation and evaluation of the jobsite and application, shall notify the parties concerned by mail of the granting of a variation, modification or renewal including any prescribed terms and conditions.

C. If a variation is granted, the employer shall retain a copy of the variation at the place of employment of the person under the age of eighteen years.

D. The director may decline to consider an application for a variation on a subject, issue or employer if a cease and desist order has been issued or an investigation is proceeding.

E. On denial of a variation, modification or renewal by the director, the applicant may request a hearing by the industrial commission. The industrial commission shall conduct the hearing pursuant to title 41, chapter 4, article 1.