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2015 SESSION
15101654DBe it enacted by the General Assembly of Virginia:
1. That §§ 40.1-28, 40.1-113, and 40.1-114 of the Code of Virginia are amended and reenacted as follows:
§ 40.1-28. Unlawful to require payment for medical examination as condition of employment.
It shall be unlawful for any employer to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any medical records required by the employer as a condition of employment.
Any employer who violates the provisions of this section shall
be subject to a civil penalty not to exceed $100 for each violation. 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 15 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
[ 15 21 ]
days following its 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'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's findings of fact. [ A penalty
determination by the Commissioner shall be final, unless within ]
fifteen
15 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.
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.
§ 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 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. 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 15 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 [ 15 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'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'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.
§ 40.1-114. Enforcement of child labor law.
The Commissioner, with the assistance of state and
local law-enforcement officers, shall enforce the provisions of this chapter
and shall have authority to appoint such representatives as may be necessary to
secure the enforcement of this chapter. He shall make all necessary rules and
regulations for carrying out the purposes of this chapter, and shall prescribe
and supply to the proper officials blanks for employment certificates and
such other forms as may be required for carrying out the provisions of
this chapter.