Texas Child Labor Law Hearings

Under the Texas Child Labor Law, V.T.C.A., Labor Code, Chapter 51, we determine whether a child has been employed in an occupation or manner that is detrimental to the child's safety, health, or well-being and whether to assess a penalty. Again, the hearings are conducted by telephone by hearing officers who are stationed in Austin, Texas. They follow the same procedures as those followed in hearings conducted under the Texas Payday Law.

An appeal to a determination order under the Texas Child Labor Law must be in writing. A party must file its appeal no later than 21 days from the date the determination order is mailed.

The appeal must be mailed to:

Special Hearings
Texas Workforce Commission
101 E. 15th Street
Austin, TX 78778-0001

The appeal may also be faxed to:

(512) 463-9318

If you file your appeal by fax, then the appeal date shall be the date and time the appeal is received by the Agency.

Instructions for Texas Child Labor Law Hearings

1.	Purpose of the Hearing: This Child Labor Law hearing is being held to give you a full and fair opportunity to present information about the preliminary determination that has been appealed. As soon as possible after the hearing, a written decision will be mailed to you. The hearing officer's decision will be based only on the relevant evidence - testimony, witnesses, and documents - given at the hearing. These instructions will help you understand the hearing process so that you can best present your case at the hearing. Hearings are tape recorded and are under oath or affirmation.
2.	Law, Issues, and Procedures: The hearing officer will briefly explain the issues, law, and the hearing procedures at the beginning of the hearing, and will then entertain any questions concerning those matters.
3.	Representative: The hearing officer will help you develop the facts in the case. You do not need to have an attorney or someone else represent you at the hearing. However, you may have an attorney or another person represent you, at your own expense.
4.	Witnesses: You may have witnesses who can testify about your case. If so, you (or your representative) can ask your witness questions. Select your witnesses with care. Needlessly repetitive testimony or documents will be excluded, so select witnesses who can give direct, firsthand testimony in your case. Arrange to have your witnesses available throughout the hearing.
5.	Subpoenas: A "subpoena" is a legal document issued by the Special Hearings Department to make a witness participate in the hearing or to make someone produce certain documents necessary for the hearing. If you believe a subpoena is necessary to obtain a witness or document for your case, submit a written request to the Special Hearings Department as soon as possible. In your request, it is important to: Explain why the subpoena is necessary; Describe your efforts to obtain voluntary participation; and Provide a complete and correct name and address for the witness/witnesses you want subpoenaed. To request a subpoena to obtain documents, you must also Identify the document specifically; and Provide a complete and accurate name and address of the person or entity with custody of those documents. Excessively broad subpoena requests will be denied.
6.	Postponement: A hearing can be postponed or rescheduled for only compelling and unavoidable reasons. A request for postponement must be in writing and must set forth the reason for the request. Postponement requests should be mailed or faxed immediately to the Special Hearings Department as explained below. Include a telephone number where you can be reached. The hearing officer will notify you in writing or by telephone if the postponement request has been granted. Absent such notice, the hearing will be held as scheduled.
7.	Withdrawal of the Appeal: Only the party who files the appeal may withdraw the appeal. If you withdraw, the hearing will be cancelled and a decision issued leaving the Child Labor Law determination in effect. To request a withdrawal, the withdrawing party must promptly mail or fax a written withdrawal request to the Special Hearings Department as explained below. Letters or documents may be faxed to the Special Hearings Department at the following fax telephone number: FAX (512) 463-9318 Letters or documents may be mailed to the Special Hearings Department at the following address: Attention (Name of hearing officer) Special Hearings Department Texas Workforce Commission 101 East 15th Street Austin, TX 78778-0001

Appeal Rights from Texas Child Labor Law

Filing a Motion for Rehearing with the Commission.

Section 212.153 of the Texas Unemployment Compensation Act [Recodified effective September 1, 1993, Title 4, Subtitle A, Labor Code, Vernon's Texas Code Annotated] provides, in part:

The decision of the Commission shall become final 14 days after the mailing thereof, unless within the 14 days, the hearing is reopened by Commission order or a party to the appeal files a written motion for rehearing.

A motion for rehearing may be filed by writing directly to Special Hearings Department, Texas Workforce Commission, 101 E. 15th St., Austin, TX 78778-0001. The motion for rehearing will not be granted unless each of the following three criteria are met: (1) there must be an offering of new evidence which was unavailable at the initial hearing; (2) there must be a compelling reason why the evidence was not presented earlier; and (3) there must be a specific explanation of how consideration of the evidence would change the outcome of the case. Your request for a hearing will be denied unless you can show substantial reasons for the Commission to grant the rehearing. In addition to the three criteria, please include in your request the Child Labor Law appeal number, the hearing officer's name, and the date the decision was mailed. If you file your appeal by fax, then the appeal date shall be the date and time the appeal is received by the Agency.

Filing a petition for Judicial Review in a court of competent jurisdiction.

Section 51.033 of the Texas Labor Code provides that:

Not later than the 30th day after the date the Commission's order is final, the person shall:
(1) pay the amount of the penalty;
(2) pay the amount of the penalty and file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty, or both the occurrence of the violation and the amount of the penalty; or
(3) without paying the amount of the penalty, file a petition for judicial review contesting the occurrence of the violation and the amount of the penalty.

Section 51.033(n) provides that:

Judicial review of the order of the commission:
(1) is instituted by bringing an action as provided by Section 6, Texas Unemployment Compensation Act (Article 5221b-4, Vernon's Texas Civil Statutes), and its subsequent amendments; and
(2) is under the substantial evidence rule.

Section 6 of the Texas Unemployment Compensation Act [Recodified effective September 1, 1993, Title 4, Subtitle A, Labor Code, Vernon's Texas Code Annotated.] provides, in part:

Any party aggrieved by a decision may secure judicial review thereof by commencing an action in any court of competent jurisdiction in the county of claimant's residence against the Commission for the review of its decision, in which action any other party to the proceeding before the Commission shall be made a defendant, provided that if a claimant is a non-resident of the State of Texas such action may be filed in a court of competent jurisdiction in Travis County, Texas, or in the county in Texas in which the last employer has his principal place of business, or in the county of claimant's last residence in Texas. Such trial shall be de novo.