12 CRR-NY 186-9.3NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 12. DEPARTMENT OF LABOR
CHAPTER II. DIVISION OF LABOR STANDARDS
SUBCHAPTER E. EMPLOYMENT OF MINORS
PART 186. CHILD PERFORMERS
SUBPART 186-9. SUSPENSION OR REVOCATION OF PERMITS AND CERTIFICATES
12 CRR-NY 186-9.3
12 CRR-NY 186-9.3
186-9.3 Notice and hearing.
(a) Where the commissioner intends to suspend or revoke a child performer permit, notice shall be given to the parent or guardian of the child performer, and the parent or guardian shall be given an opportunity to be heard.
(b) Where the commissioner intends to suspend or revoke an employer certificate of eligibility or employer certificate of group eligibility, notice shall be given to the employer, and the employer shall be given an opportunity to be heard.
(c) Notice shall be given in writing and shall be mailed to the address specified on the application for the child performer permit or employer certificate of eligibility or employer certificate of group eligibility, or by personal service to a person of suitable age and discretion at that address or the place of employment.
(d) The commissioner shall schedule a hearing as soon as practicable for the employer, parent or guardian to be heard.
(e) Notwithstanding the above, the commissioner may summarily suspend a child performer permit, or employer certificate of eligibility, or employer certificate of group eligibility prior to a hearing when he or she has cause to believe that such summary suspension is in the best interests of the child performer, including but not limited to, the belief that the child performer has been or will be exposed to circumstances or events hazardous or detrimental to the physical or mental health, education, morals, or general welfare of the child performer. When the commissioner takes such action, a hearing shall be scheduled within five business days to determine whether the summary suspension shall remain in effect, and, if so, under what terms and conditions and for what period of time.
12 CRR-NY 186-9.3
Current through June 30, 2021
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