DEPARTMENT OF EDUCATION

                  VOCATIONAL-TECHNICAL EDUCATION SERVICE

                  STANDARDS FOR ISSUANCE OF WORK PERMITS


(By authority conferred on the department of education by section 6 of Act
No. 90 of the Public Acts of 1978,  as  amended,  being  S409.106  of  the
Michigan Compiled Laws)


R  409.1   Scope.
  Rule 1. All work permits for the legal employment  of  minors  shall  be
issued pursuant to these rules.

  History:  1980 AACS.


R  409.2   Definitions.
  Rule 2. (1) As used in these rules:
  (a) "Act" means Act No. 90 of the Public Acts of 1978, as amended, being
S409.101 et seq. of the Michigan Compiled Laws  and  known  as  the  youth
employment standards act.
  (b) "Probationary period" means a period  of  30  calendar  days  within
which a minor shall improve his or her academic performance to  the  level
which preceded the minor's employment.
  (c) "Revocation" means the rescission of a  minor's  work  permit.  Upon
revocation, a minor's legal employment shall cease.
  (d) "School district" means a local or intermediate educational  agency.
  (e) "Suspend" means to temporarily rescind a minor's work permit  for  a
period of not more than 30 calendar days.
  (2) Terms defined in the act have the same meaning when  used  in  these
rules.


  History:  1980 AACS.


R  409.3   Responsibilities of employer.
  Rule 3. (1) For a minor to be employed,  a  prospective  employer  or  a
person authorized by the prospective employer shall complete  and  sign  a
statement of intention to employ on a form prescribed by the department of
education in cooperation with the department of labor.
  (2) An employer shall not employ a minor in an occupation  regulated  by
the act until the employer procures from the minor, and keeps on  file  at
the place of employment, a valid work permit or a  10-day  temporary  work
permit.
  (3) An employer shall return the work permit to  the  school  district's
issuing officer immediately after the termination of a minor's employment.
  (4) Upon written notice of suspension or revocation, the employer of the
minor shall return the work permit to the issuing officer.

  History:  1980 AACS.


R  409.4   Responsibilities of minor.
  Rule 4. A prospective minor employee shall personally take the completed
and signed intention to employ form and present  the  form  together  with
evidence of age to an issuing officer. If documentary  proof  of  age,  as
described in  section  5  of  the  act,  is  not  obtainable,  the  school
district's issuing officer may accept other documentation, including,  but
not limited to, any of the following:
  (a) A baptismal certificate.
  (b) A bona fide record of the date and place of the minor's  birth  kept
in a bible in which the record of the births of the family  of  the  minor
are preserved.
  (c) A hospital record of birth.
  (d) A passport.
  (e) A certificate of arrival in the United States.
  (f) A life insurance policy.
  (g) An identification  card  from  the  Michigan  department  of  social
services.

  History:  1980 AACS.


R  409.5   Responsibilities of issuing officer;  review  of  intention  to
employ  form;  refusal  to  issue  permit;  probation;  suspension   and
revocation of permit; records.
  Rule 5. (1) Before making a determination to issue  a  work  permit,  an
issuing officer shall do all of the following:
  (a) Review the intention to employ form to ensure its proper  completion
and signature by the prospective employer or by a person authorized by the
prospective employer.
  (b) Review the general nature of the occupation in  which  the  employer
intends to employ the minor to ensure that the occupation is in compliance
with all of the following:
  (i) The act.
  (ii) Any rules promulgated by the department of labor under  section  20
of the act.
  (iii) The child labor regulations of the federal  fair  labor  standards
act of 1938, as amended, 29 U.S.C. S201.
  (c) Review  the  intention  to  employ  form  for  deviations  from  the
standards established by the department of labor under section 20  of  the
act.
  (2) Upon approval of the information prescribed in subrule (1)  of  this
rule, the issuing officer shall sign and issue a work permit.
  (3) A copy of the work permit, together with  any  department  of  labor
approved deviations from section 20 of the act, if  applicable,  shall  be
placed in the minor's permanent school file for as long as  the  minor  is
employed.
  (4) The issuing officer may refuse to issue a work permit for any of the
following reasons:
  (a) The general nature of the occupation is determined to  be  hazardous
and in violation of rules promulgated by the  department  of  labor  under
section 20 of the act.
  (b) The information presented by a minor is incomplete.
  (c) The minor's employment is in violation of federal or state law or of
a regulation or rule promulgated under federal or state law.
  (5) Upon written notice to the  minor  and  the  employer,  the  issuing
officer shall place a minor on a 30-calendar-day probationary period  when
a  minor's  poor  school  attendance  results  in  a  consistent  academic
performance at  a  level  lower  than  that  which  preceded  the  minor's
employment.
  (6) Following the 30-calendar-day probationary period, and upon  written
notice to the minor and the employer, the issuing officer  may  suspend  a
minor from work for a period of not more than  30  calendar  days  when  a
minor's  poor  school  attendance  results  in   a   consistent   academic
performance at  a  level  lower  than  that  which  preceded  the  minor's
employment.
  (7) The issuing officer may revoke a work permit only if the work permit
has been suspended as specified in subrule  (6)  of  this  rule  and  upon
written notification to the minor and employer.
  (8) The immediate revocation of a work permit shall occur if  a  minor's
employment is in violation of federal or state law or of a  regulation  or
rule promulgated under federal or state law and if the issuing officer  is
informed of the violation by the department of labor.
  (9) Upon revocation, the issuing officer shall inform  a  minor  of  the
appeal process pursuant to Act No. 306 of the  Public  Acts  of  1969,  as
amended, being S24.201 et seq. of the Michigan Compiled  Laws,  and  shall
provide instructions as to the initiation of an appeal by a  minor,  by  a
parent or guardian of a minor, or by a person or agency to whom custody of
a minor has been awarded. The issuing officer shall keep a record  of  all
appeals.
  (10) Records that are exempted by statute or  regulation  shall  not  be
disclosed.


  History:  1980 AACS.


R  409.6   Rescission.
  Rule 6. R 340.186 and R 340.187 (formerly R 349.186  and  R 349.187)  of
the Michigan Administrative Code, appearing on pages 3920 and 3921 of  the
1954 Michigan Administrative Code, are rescinded.

  History:  1980 AACS.