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) 472-9578
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) 472-9578
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
| 1. |
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. |
| 2. |
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. |
|
