40 TAC §817.6
The Texas Workforce Commission adopts new §817.6, relating
to Child Labor Law appeals of preliminary determination orders to the Special
Hearings Department, without changes to the proposed text as published in
the July 21, 2000, issue of the
Texas Register
(25 TexReg 6965). The text will not be republished.
The purpose of the new rule is to provide notice of and a cross-reference
to rules relating to the appeals processes in Child Labor Law hearings. The
Child Labor Law hearings conducted by the Special Hearings Department are
subject to the Unemployment Insurance Rules, found at Title 40 Texas Administrative
Code (TAC), Chapter 815. The use of the Unemployment Insurance appeal process
is required by Texas Labor Code §51.033(g). The cross-reference in the
Child Labor Rules is added to provide clarification to the public regarding
the statutorily required appeals processes.
Background: Texas Labor Code Chapter 51, Employment of Children (Child
Labor Law), provides for the implementation of rules and laws relating to
the employment of children. The Child Labor Law ensures that a child is not
employed in an occupation or manner that is detrimental to the child's safety,
health, or well-being. More specifically, the Child Labor Law sets forth provisions
including, but not limited to, the following:
minimum age;
performers in motion pictures or theatrical, radio, or television productions;
hours of employment;
hardship exemptions;
hazardous occupations;
operation of motor vehicle for certain commercial purposes;
inspections and collection of information relating to the employment of
children;
civil and criminal penalties for failure to comply with the Child Labor
Law;
offenses and penalties for the initial investigation process; and
the appeals processes regarding offenses and penalties assessed.
No comments were received on the proposed rule.
The new rule is adopted under Texas Labor Code §§51.023,
301.061 and 302.002, which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of the Texas Workforce Commission's services
and activities.
The adopted rule affects the Texas Labor Code, Title 2.