2016 South Carolina Code of Laws
Title 41 - Labor and Employment
CHAPTER 13 - CHILD LABOR
Section 41-13-25. Penalties for violating child labor regulations.
(A) As determined by the Director of the Department of Labor, Licensing and Regulation or the director's designee, 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 or may be fined not more than one thousand dollars. For second or subsequent offenses, an employer may be fined not more than five thousand dollars for each offense. The director shall determine the amount of the penalty pursuant to procedures promulgated by the department in regulation for assessing penalties under this chapter. These regulations shall include the method for determining penalties based on the size of the business of the employer being charged, the gravity of the violation, the good faith of the employer, and the history of previous violations of the employer.
(B) The findings of the director, 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 director a review of the findings or the amount of the fine. If a request for review is made to the director, 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.
HISTORY: 1981 Act No. 180 Section 8; 1989 Act No. 135, Section 1, eff June 8, 1989; 1993 Act No. 181, Section 977, eff February 1, 1994; 1998 Act No. 395, Section 1, eff June 9, 1998.
Editor's Note
Pursuant to Section 41-3-610, effective February 1, 1994, wherever the term Commissioner of Labor appears or is used, it shall be deemed to mean the Director of the Department of Labor, Licensing, and Regulation or his designee.
Effect of Amendment
The 1989 amendment rewrote this section, deleting provisions for criminal penalties.
The 1993 amendment substituted "Director of the Department of Labor, Licensing, and Regulation or his designee" for "Commissioner of Labor".
The 1998 amendment rewrote subsection (A) and substituted "director" for "commissioner" throughout subsection (B).
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