§ 294.121 — Administrative penalties, civil damages, grounds, duties of director, notice, judicial review.

Missouri § 294.121

• Jurisdiction: Missouri
• Title XVIII: LABOR AND INDUSTRIAL RELATIONS
• Ch. 294: Child Labor

Text

1.  Any person, firm or corporation who violates any provision of this chapter shall in addition to the criminal violation in section 294.110 be civilly liable for damages of not less than fifty dollars but not more than one thousand dollars for each violation.  Each day a violation continues shall constitute a separate violation.  Each child employed or permitted to work in violation of this chapter shall constitute a separate violation.  The director may bring the civil action to enforce the provisions of this chapter.  The attorney general may, on behalf of the director, bring suit pursuant to this section.

2.  The director shall determine the amount of civil damages to request in the suit based on the nature and gravity of the violation.  The director shall also consider the size of the business when determining the appropriate civil damages.  The size of the business shall be determined by the number of people employed by that business.  A request for the maximum civil damages shall be justified by the following, to be considered individually or in combination:

(1)  The likelihood of injury and the seriousness of the potential injuries to which the child has been exposed;

(2)  The business or employer has had multiple violations;

(3)  The business or employer has had recurring violations;

(4)  Employment of any child in a hazardous or detrimental occupation;

(5)  Violations involving children under fourteen years of age;

(6)  A substantial number of hours worked in excess of the statutory limit;

(7)  Falsification or concealment of information regarding the employment of children;

(8)  Failure to assure future compliance with the provisions of this chapter.

3.  If the director decides to seek civil damages as provided by this section, the director shall notify, by certified mail, the person, firm or corporation charged with the violation.  The notice of violation shall include the following:

(1)  The nature of the violation;

(2)  The date of the violation;

(3)  The name of the child or children involved in the violation;

(4)  The amount of civil damages the director is requesting;

(5)  The terms and conditions for any settlement agreement; and

(6)  The right to contest the director's decision to seek civil damages.

4.  The initial violation determination from the division shall be final, unless within twenty calendar days after the division mails the violation determination or notification, the person, firm or corporation charged with the violation notifies the director in writing that the violation determination is being contested.

5.  The parties named in the violation determination may contest the violation determination if a written notice appealing the violation determination is received by the director within twenty calendar days after the division mailed the violation determination.  The director shall set a meeting with the parties contesting the findings in order to review the findings of the division.  After review of the findings, the director may hold that the findings support the violation determination or the director may issue a revised violation determination.

6.  If the parties cited in the subsequent violation determination disagree with the violation determination of the director, then the parties cited in the subsequent violation determination may contest the subsequent determination by filing a written appeal with the department director.  The appeal contesting the subsequent determination shall be sent to the department director in time to be received within twenty calendar days after the division mailed the subsequent violation determination from the director.  If the director does not receive the written appeal within twenty calendar days after the division mailed the subsequent violation determination then the determination of the director shall be final.  If the subsequent written appeal is received within the twenty-calendar-day period, then the department director, or the department director's designee, shall set a meeting with the parties contesting the findings in order to review the findings of the division and the director.  After review of the findings, the department director, or the department director's designee, may hold that the findings of the division and the director to support the violation determination or the department director, or the department director's designee, may issue a revised violation determination.

7.  The determination of the department director or the department director's designee shall be the final determination pertaining to the violation determinations, unless judicial review is sought under chapter 536 .

Legislative History

(L. 1995 H.B. 300 & 95 § 294.120 merged with H.B. 414 § 294.120, A.L. 2002 S.B. 923, et al.)