Administrative penalties, civil damages, grounds, duties of director,notice, judicial review.
294.121. 1. Any person, firm or corporation who violates anyprovision of this chapter shall in addition to the criminal violation insection 294.110 be civilly liable for damages of not less than fiftydollars but not more than one thousand dollars for each violation. Eachday a violation continues shall constitute a separate violation. Eachchild employed or permitted to work in violation of this chapter shallconstitute a separate violation. The director may bring the civil actionto enforce the provisions of this chapter. The attorney general may, onbehalf of the director, bring suit pursuant to this section.
2. The director shall determine the amount of civil damages torequest in the suit based on the nature and gravity of the violation. Thedirector shall also consider the size of the business when determining theappropriate civil damages. The size of the business shall be determined bythe number of people employed by that business. A request for the maximumcivil damages shall be justified by the following, to be consideredindividually or in combination:
(1) The likelihood of injury and the seriousness of the potentialinjuries 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 statutorylimit;
(7) Falsification or concealment of information regarding theemployment of children;
(8) Failure to assure future compliance with the provisions of thischapter.
3. If the director decides to seek civil damages as provided by thissection, the director shall notify, by certified mail, the person, firm orcorporation charged with the violation. The notice of violation shallinclude 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 civildamages.
4. The initial violation determination from the division shall befinal, unless within twenty calendar days after the division mails theviolation determination or notification, the person, firm or corporationcharged with the violation notifies the director in writing that theviolation determination is being contested.
5. The parties named in the violation determination may contest theviolation determination if a written notice appealing the violationdetermination is received by the director within twenty calendar days afterthe division mailed the violation determination. The director shall set ameeting with the parties contesting the findings in order to review thefindings of the division. After review of the findings, the director mayhold that the findings support the violation determination or the directormay issue a revised violation determination.
6. If the parties cited in the subsequent violation determinationdisagree with the violation determination of the director, then the partiescited in the subsequent violation determination may contest the subsequentdetermination by filing a written appeal with the department director. Theappeal contesting the subsequent determination shall be sent to thedepartment director in time to be received within twenty calendar daysafter the division mailed the subsequent violation determination from thedirector. If the director does not receive the written appeal withintwenty calendar days after the division mailed the subsequent violationdetermination then the determination of the director shall be final. Ifthe subsequent written appeal is received within the twenty-calendar-dayperiod, then the department director, or the department director'sdesignee, shall set a meeting with the parties contesting the findings inorder to review the findings of the division and the director. Afterreview of the findings, the department director, or the departmentdirector's designee, may hold that the findings of the division and thedirector to support the violation determination or the department director,or the department director's designee, may issue a revised violationdetermination.
7. The determination of the department director or the departmentdirector's designee shall be the final determination pertaining to theviolation determinations, unless judicial review is sought under chapter536, RSMo.
(L. 1995 H.B. 300 & 95 § 294.120 merged with H.B. 414 § 294.120, A.L. 2002 S.B. 923, et al.)
Administrative penalties, civil damages, grounds, duties of director,notice, judicial review.
294.121. 1. Any person, firm or corporation who violates anyprovision of this chapter shall in addition to the criminal violation insection 294.110 be civilly liable for damages of not less than fiftydollars but not more than one thousand dollars for each violation. Eachday a violation continues shall constitute a separate violation. Eachchild employed or permitted to work in violation of this chapter shallconstitute a separate violation. The director may bring the civil actionto enforce the provisions of this chapter. The attorney general may, onbehalf of the director, bring suit pursuant to this section.
2. The director shall determine the amount of civil damages torequest in the suit based on the nature and gravity of the violation. Thedirector shall also consider the size of the business when determining theappropriate civil damages. The size of the business shall be determined bythe number of people employed by that business. A request for the maximumcivil damages shall be justified by the following, to be consideredindividually or in combination:
(1) The likelihood of injury and the seriousness of the potentialinjuries 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 statutorylimit;
(7) Falsification or concealment of information regarding theemployment of children;
(8) Failure to assure future compliance with the provisions of thischapter.
3. If the director decides to seek civil damages as provided by thissection, the director shall notify, by certified mail, the person, firm orcorporation charged with the violation. The notice of violation shallinclude 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 civildamages.
4. The initial violation determination from the division shall befinal, unless within twenty calendar days after the division mails theviolation determination or notification, the person, firm or corporationcharged with the violation notifies the director in writing that theviolation determination is being contested.
5. The parties named in the violation determination may contest theviolation determination if a written notice appealing the violationdetermination is received by the director within twenty calendar days afterthe division mailed the violation determination. The director shall set ameeting with the parties contesting the findings in order to review thefindings of the division. After review of the findings, the director mayhold that the findings support the violation determination or the directormay issue a revised violation determination.
6. If the parties cited in the subsequent violation determinationdisagree with the violation determination of the director, then the partiescited in the subsequent violation determination may contest the subsequentdetermination by filing a written appeal with the department director. Theappeal contesting the subsequent determination shall be sent to thedepartment director in time to be received within twenty calendar daysafter the division mailed the subsequent violation determination from thedirector. If the director does not receive the written appeal withintwenty calendar days after the division mailed the subsequent violationdetermination then the determination of the director shall be final. Ifthe subsequent written appeal is received within the twenty-calendar-dayperiod, then the department director, or the department director'sdesignee, shall set a meeting with the parties contesting the findings inorder to review the findings of the division and the director. Afterreview of the findings, the department director, or the departmentdirector's designee, may hold that the findings of the division and thedirector to support the violation determination or the department director,or the department director's designee, may issue a revised violationdetermination.
7. The determination of the department director or the departmentdirector's designee shall be the final determination pertaining to theviolation determinations, unless judicial review is sought under chapter536, RSMo.
(L. 1995 H.B. 300 & 95 § 294.120 merged with H.B. 414 § 294.120, A.L. 2002 S.B. 923, et al.)
Administrative penalties, civil damages, grounds, duties of director,notice, judicial review.
294.121. 1. Any person, firm or corporation who violates anyprovision of this chapter shall in addition to the criminal violation insection 294.110 be civilly liable for damages of not less than fiftydollars but not more than one thousand dollars for each violation. Eachday a violation continues shall constitute a separate violation. Eachchild employed or permitted to work in violation of this chapter shallconstitute a separate violation. The director may bring the civil actionto enforce the provisions of this chapter. The attorney general may, onbehalf of the director, bring suit pursuant to this section.
2. The director shall determine the amount of civil damages torequest in the suit based on the nature and gravity of the violation. Thedirector shall also consider the size of the business when determining theappropriate civil damages. The size of the business shall be determined bythe number of people employed by that business. A request for the maximumcivil damages shall be justified by the following, to be consideredindividually or in combination:
(1) The likelihood of injury and the seriousness of the potentialinjuries 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 statutorylimit;
(7) Falsification or concealment of information regarding theemployment of children;
(8) Failure to assure future compliance with the provisions of thischapter.
3. If the director decides to seek civil damages as provided by thissection, the director shall notify, by certified mail, the person, firm orcorporation charged with the violation. The notice of violation shallinclude 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 civildamages.
4. The initial violation determination from the division shall befinal, unless within twenty calendar days after the division mails theviolation determination or notification, the person, firm or corporationcharged with the violation notifies the director in writing that theviolation determination is being contested.
5. The parties named in the violation determination may contest theviolation determination if a written notice appealing the violationdetermination is received by the director within twenty calendar days afterthe division mailed the violation determination. The director shall set ameeting with the parties contesting the findings in order to review thefindings of the division. After review of the findings, the director mayhold that the findings support the violation determination or the directormay issue a revised violation determination.
6. If the parties cited in the subsequent violation determinationdisagree with the violation determination of the director, then the partiescited in the subsequent violation determination may contest the subsequentdetermination by filing a written appeal with the department director. Theappeal contesting the subsequent determination shall be sent to thedepartment director in time to be received within twenty calendar daysafter the division mailed the subsequent violation determination from thedirector. If the director does not receive the written appeal withintwenty calendar days after the division mailed the subsequent violationdetermination then the determination of the director shall be final. Ifthe subsequent written appeal is received within the twenty-calendar-dayperiod, then the department director, or the department director'sdesignee, shall set a meeting with the parties contesting the findings inorder to review the findings of the division and the director. Afterreview of the findings, the department director, or the departmentdirector's designee, may hold that the findings of the division and thedirector to support the violation determination or the department director,or the department director's designee, may issue a revised violationdetermination.
7. The determination of the department director or the departmentdirector's designee shall be the final determination pertaining to theviolation determinations, unless judicial review is sought under chapter536, RSMo.
(L. 1995 H.B. 300 & 95 § 294.120 merged with H.B. 414 § 294.120, A.L. 2002 S.B. 923, et al.)
