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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 [ is seriously injured or 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.