                                 CODE OF VIRGINIA

CHILD LABOR OFFENSES; CIVIL PENALTIES (§ 40.1-113)

A. Whoever employs, procures, or, having under his control, permits a child to
be employed in violation of any of the provisions of this chapter other than
&#xA7;&#xA7; 40.1-100.2, 40.1-103 and 40.1-112 shall be subject to a civil
penalty that (i) shall not exceed $25,000 for each violation that results in the
employment of a child who is seriously injured or who dies in the course of that
employment and (ii) shall not be less than $500 or exceed $2,500 for each other
violation. In determining the amount of such penalty, the appropriateness of
such penalty to the size of the business of the person charged and the gravity
of the violation shall be considered.

B. The Commissioner shall notify any employer who he alleges has violated any
provision of this section by certified mail or overnight delivery service. Such
notice shall contain a description of the alleged violation. Within 21 days of
receipt of notice of the alleged violation, the employer may request an informal
conference regarding such violation with the Commissioner. If the employer fails
to contest the violation by requesting such an informal conference within 21
days following receipt of the notice of the alleged violation, the violation and
proposed penalty will become a final order of the Commissioner and not subject
to review by any court or agency except upon a showing of good cause. Such
informal conference shall result in a decision by the Commissioner that will be
appealable to the appropriate circuit court. The Department shall send a copy of
the Commissioner&#8217;s decision to the employer by certified mail or overnight
delivery service. The employer may file a notice of an appeal only within 30
days from the receipt of the decision. The appeal shall be on the agency record.
With respect to matters of law, the burden shall be on the party seeking review
to designate and demonstrate an error of law subject to review by the court.
With respect to issues of fact, the duty of the court shall be limited to
ascertaining whether there was substantial evidence in the record to reasonably
support the Commissioner&#8217;s findings of fact.

C. Civil penalties owed under this section shall be paid to the Commissioner for
deposit into the general fund of the treasury of the Commonwealth. The
Commissioner shall prescribe procedures for the payment of proposed penalties
which are not contested by employers.

HISTORY: Code 1950, § 40-119; 1964, c. 504; 1970, c. 321; 1973, c. 425; 1979,
c. 348; 1982, c. 416; 1991, c. 511; 2007, c. 667; 2015, c. 285; 2024, c. 369.