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RULE §817.22Hardship Waiver of Hours Requirements for 14 and 15 Year Old Children

(a) An applicant applying for a hardship waiver from the limitations on hours worked for 14 and 15 year old children must obtain a certificate of age under the provisions of §817.5 of this title (relating to Certificate of Age) and file a hardship application. The applicant may file both applications concurrently.

(b) A hardship application must contain:

  (1) full details of the prospective employment and the proposed hours to be worked;

  (2) a written statement that it is necessary for the child to work to support himself or his immediate family, with supporting information;

  (3) a written statement from the principal of the school in which the child is enrolled as to the advisability of allowing the child to work the hours identified; and

  (4) a written statement from the prospective employer. The prospective employer's statement shall provide:

    (A) that the child will be employed; and

    (B) full details of the work, including rate of pay, hours to be worked, and expected duration of employment.

(c) A hardship application may contain any other information the applicant believes would support the granting of the waiver.

(d) All waivers shall be valid for one year unless established for a shorter period and may be extended at the sole discretion of the executive director.

(e) After all pertinent information has been reviewed by the Commission, the waiver will be granted or denied. If additional information is needed before a decision is made, the Commission may gather additional facts and schedule a conference to review the merits of the application with interested persons.

(f) At any conference the Commission will be represented by an employee designated by the executive director who shall make a written report to the executive director within 20 working days following the conference. The report shall contain a determination as to whether or not the waiver should be granted. Unless changed by the executive director, the initial determination shall remain in full force and effect. All interested parties will be advised in writing of the final determination of the Commission as soon as practicable. No appeal to the Commissioners is authorized.

(g) This proceeding is not a contested case under the Texas Government Code, Chapter 2001, Administrative Procedure Act.

Source Note: The provisions of this §817.22 adopted to be effective January 12, 1998, 23 TexReg 150.

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