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2007 SESSION
073199108Be it enacted by the General Assembly of Virginia:
1. That § 40.1-113 of the Code of Virginia is amended and reenacted as follows:
§ 40.1-113. Child labor offenses; civil penalties.
A. Whoever employs, procures, or, having under his control,
permits a child to be employed, or issues an employment certificate,
in violation of any of the provisions of this chapter other than §§ 40.1-100.2,
40.1-103 and 40.1-112, shall be subject to a civil penalty that (i) shall not
exceed $10,000 for each violation that
results in the employment of a child who dies in the course of
that employment and (ii) shall
not to exceed $1,000 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. The determination by the
Commissioner shall be final, unless within fifteen days after receipt of such
notice the person charged with the violation notifies the Commissioner by
certified mail that he intends to contest the proposed penalty before the
appropriate general district court.
B. 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.