WSR 99-02-041
PERMANENT RULES
DEPARTMENT OF
LABOR AND INDUSTRIES
[Filed December 31, 1998, 2:42 p.m.]
Date of Adoption: December 31, 1998.
Purpose: The rules streamline the minor work permit process; modify time intervals for meal/rest breaks for sixteen-and seventeen-year-old minors; simplify the special variance process; and are clear-rule written for clarification.
Citation of Existing Rules Affected by this Order: Repealing WAC 296-125-020, 296-125-026, 296-125-028, 296-125-050, 296-125-060, and 296-125-070.
Statutory Authority for Adoption: RCW 49.12.121.
Adopted under notice filed as WSR 98-20-093 on October 7, 1998.
Changes Other than Editing from Proposed to Adopted Version: Deleted WAC 296-125-0287 [(1)](c), re "on duty" meal periods; added WAC 296-125-0275(4) re storage of required records; and deleted WAC 296-125-0630 re employee notification of variance application.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed 0; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, amended 0, repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 46, amended 0, repealed 6.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 42, amended 0, repealed 4.
Number of Sections Adopted Using Negotiated Rule Making: New 0, amended 0, repealed 0; Pilot Rule Making: New 0, amended 0, repealed 0; or Other Alternative Rule Making: New 0, amended 0, repealed 0.
Effective Date of Rule: Thirty-one days after filing.
December 21, 1998
Gary Moore
Director
OTS-2563.3
MASTER BUSINESS LICENSE/MINOR WORK PERMIT ENDORSEMENT
NEW SECTION
WAC 296-125-0200 If I plan to employ minors in my business, what general requirements do I have to satisfy? (1) You must obtain, keep current and post valid minor work permit endorsements issued by the department.
(2) If employing minors for house-to-house sales, you must satisfy the special requirements in WAC 296-125-024 for that activity.
(3) You must obtain and keep on file a completed parent/school authorization form for each minor you employ.
(4) You must keep on file any variances issued to you according to variance and/or special variance sections of this chapter.
(5) If you sponsor bona fide unpaid work-based learning programs approved by the office of the superintendent of public instruction or a local school district, you are not required to obtain minor work permit endorsements for those programs.
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NEW SECTION
WAC 296-125-0210 Do I need minor work permit endorsements for my business? If you plan to employ one or more minors, you must obtain, keep current and post valid minor work permit endorsements before you:
(1) Employ minors; or
(2) Allow minors to work at your workplace; or
(3) Allow minors to work under work conditions controlled by you.
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NEW SECTION
WAC 296-125-0211 What if I employ minors at several different workplaces? (1) You must obtain, keep current and post separate minor work permit endorsements for each workplace at which you employ minors.
(2) In those situations where you place minors in a workplace controlled by another employer, you and the other employer must obtain, keep current and post minor work permit endorsements at that workplace.
(3) When you employ minors in multiple workplaces, you must obtain, keep current and post minor work permit endorsements at each workplace.
(4) Unless modified or revoked, a single endorsement will allow you to employ any number of minors at the workplace specified on the endorsement.
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NEW SECTION
WAC 296-125-0220 Are there working condition restrictions which may be placed on my minor work permit endorsements? Minor work permit endorsements may include restrictions, consistent with this chapter, on minors' working conditions.
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NEW SECTION
WAC 296-125-0221 Do my minor work permit endorsements expire? Your minor work permit endorsements will expire one year from the date of issue.
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NEW SECTION
WAC 296-125-0222 Can I renew my minor work permit endorsements? You may renew your minor work permit endorsements. However, filing an application for renewal does not automatically result in an extension of your endorsement. The department may refuse to renew your endorsement if you have:
(1) Failed to satisfy a condition related to the initial issuance of the endorsement; or
(2) Violated the requirements of this chapter; or
(3) Any other condition that the department finds is or could be detrimental to the health, safety, or welfare of minors.
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NEW SECTION
WAC 296-125-0223 How long must my minor work permit endorsements stay in force? Unless revoked, suspended or modified by the department, your minor work permit endorsements must remain in full force and effect as long as:
(1) You employ minors; or
(2) Have minors working at your workplace; or
(3) Have minors working under work conditions controlled by you.
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NEW SECTION
WAC 296-125-0224 Do I need to post my minor work permit endorsements? At least one copy of your minor work permit endorsements and a current copy of the poster required by WAC 296-126-080 must be posted in plain view of all employees at each workplace specified in each endorsement.
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NEW SECTION
WAC 296-125-0230 Can the department of labor and industries refuse to issue or renew, revoke, suspend or modify my minor work permit endorsements? The department may refuse to issue or renew, revoke, suspend, or modify your minor work permit endorsements if it finds:
(1) A condition related to their issuance has not been satisfied; or
(2) You have violated any requirements of this chapter; or
(3) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor. In this case, the department may issue an order of immediate restraint revoking, suspending or modifying your endorsements. If you appeal the department's action, the order of immediate restraint will remain in force until your appeal is resolved.
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NEW SECTION
WAC 296-125-0231 Can I appeal the department's refusal to issue or renew, or to revoke, suspend or modify my minor work permit endorsements? You have the right to appeal such actions by the department. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Your appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.
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PARENT/SCHOOL AUTHORIZATION FORMS
NEW SECTION
WAC 296-125-0260 If I employ minors, do I need authorization from the parent or school? Before allowing a minor to begin work, you must obtain and keep on file, at the minor's workplace, a fully completed parent/school authorization form. As the employer, it is your responsibility to ensure that the parent/school authorization form is complete.
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NEW SECTION
WAC 296-125-0261 Where can I obtain a parent/school authorization form? Parent/school authorization forms are issued only to employers with a valid minor work permit endorsement and can be obtained by contacting the local labor and industries office or:
Department of Labor and Industries
Employment Standards Section
PO Box 44510
Olympia WA 98504-4510
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NEW SECTION
WAC 296-125-0262 Do parent/school authorization forms expire? All parent/school authorization forms expire each year on the thirtieth day of September. Therefore, each year, prior to September 30, you must:
(1) Obtain a new form for each of your minors; and
(2) Make sure it is properly completed; and
(3) File it where the minor works.
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NEW SECTION
WAC 296-125-0263 What information must a minor provide on the parent/school authorization form? A minor must provide the following personal information:
(1) Name.
(2) Address.
(3) Date of birth.*.
(4) Whether he or she is employed at any other job(s) and the total number of hours worked at that job(s).
(5) His or her signature.
.*Note: The date of birth must be supported by proof. Acceptable forms of proof are:
A birth certificate and a social security card; or
A driver's license; or
A baptismal record and a Social Security card; or
A notarized statement of a parent or guardian.
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NEW SECTION
WAC 296-125-0264 What information must an employer provide on the parent/school authorization form? As the employer, you must provide the following information:
(1) The location of the minor's workplace(s).
(2) A description of the minor's duties.
(3) The earliest and latest hours the minor would be working.
(4) The total number of hours the minor would work per week.
(5) Your minor work permit endorsement number and expiration date.
(6) Your unified business identifier (UBI) number.
(7) Your signature or the signature of your authorized agent.
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NEW SECTION
WAC 296-125-0265 What information must a parent or legal guardian provide on the parent/school authorization form? A parent or legal guardian of a minor must:
(1) Indicate that he or she authorizes (or does not authorize) the minor to work according to the terms listed by the employer.
(2) Sign the form.
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NEW SECTION
WAC 296-125-0266 What information must a school provide on the parent/school authorization form? (1) If a minor will be working during the school year, an authorized school official from the minor's school must:
(a) Indicate that the school authorizes (or does not authorize) the minor working according to the terms listed by the employer; and
(b) Sign the form as the school's authorized agent.
(2) Furthermore, if a minor begins work during a school vacation and wishes to continue working after school resumes, the employer must obtain school approval before the minor can continue. School approval must be based upon:
(a) Maintaining an acceptable level of scholastic achievement; and
(b) Maintaining good school attendance; and
(c) Making satisfactory progress toward graduation.
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NEW SECTION
WAC 296-125-0267 What if a minor is no longer attending school? (1) A parent or guardian must certify a minor's nonenrolled status if the minor is:
(a) Unmarried and living with a parent or legal guardian; and
(b) No longer enrolled in school; and
(c) Has not obtained a certificate of educational competence according to RCW 28A.305.190 or is not enrolled in a bona fide college program.
(2) If a minor is named on a valid marriage certificate or is living independently of a parent or legal guardian, the minor must:
(a) Certify that he or she is either married or living independently of a parent or guardian; and
(b) Certify his or her nonenrolled status; and
(c) Provide the name and location of the last school attended; and
(d) Provide the name and address or telephone number of an adult emergency contact other than the minor's employer. This contact person must certify that the minor is living independently of a parent or legal guardian.
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NEW SECTION
WAC 296-125-0268 Can a parent, legal guardian or school revoke the work authorization previously given on the parent/school authorization form? A parent, legal guardian, or school may revoke authorization at any time by simply notifying the department and the other parties to the authorization.
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RECORDKEEPING
NEW SECTION
WAC 296-125-0275 When I employ minors, what recordkeeping requirements must I satisfy? (1) You must create and maintain a file for each minor.
(2) The file must be maintained for three years from the last date of the minor's employment.
(3) The file must contain the following:
(a) A copy of the completed parent/school authorization form with any attachments; and
(b) Copies of any variances you obtained according the requirements of this chapter.
(4) These records must be kept safe and accessible at the place of employment or at a central recordkeeping office where such records are customarily maintained.
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NEW SECTION
WAC 296-125-0280 What is the department's enforcement authority? To enforce the requirements of this chapter, the director or the director's authorized representatives can, without delay:
(1) Enter any workplace where work is or has been performed by a minor, or where employment records are, or are required to be maintained; and
(2) Inspect, transcribe, and copy all pertinent records; and
(3) Inspect and investigate any workplace and all pertinent conditions, structures, machines, apparatus, devices, equipment, supplies, and materials located there; and
(4) Question privately any employer, owner, operator, agent, or employee.
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MEAL AND REST BREAKS FOR MINORS
NEW SECTION
WAC 296-125-0285 What regulations apply to meal and rest breaks for my fourteen-year-old and fifteen-year-old minors? (1) Since the purpose of meal periods and rest breaks is to provide rest from work, they must not be scheduled near the beginning of the work shift.
(2) The following specific regulations apply to your minors who are fourteen-years-old and fifteen-years-old:
(a) They must not work more than four hours without being given a meal period. This meal period must be at least thirty minutes in length and be separate and distinct from, and in addition to, the rest breaks mandated by this subsection.
(b) They must be given, on your business's time, a rest break of at least ten minutes for every two hours worked.
(c) When they work four-hour periods, they cannot be required to work more than two hours without being given either a ten-minute rest break or a thirty-minute meal period.
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NEW SECTION
WAC 296-125-0287 What regulations apply to meal and rest breaks for my sixteen-year-old and seventeen-year-old employees? (1) The following regulations apply to meal periods for your minors who are sixteen-years-old and seventeen-years-old:
(a) They must be allowed meal periods of at least thirty minutes in length.
(b) Their meal periods must start no less than two hours but no more than five hours from the beginning of their work shift.
(c) They must not be required to work more than five consecutive hours without a meal period.
(2) The following regulations apply to rest periods for your minors who are sixteen-years-old and seventeen-years-old:
(a) They must be allowed a rest period of not less than ten minutes, on your time, for each four hours worked.
(b) Their rest periods must be scheduled as near as possible to the midpoint of the work period.
(c) They must receive a rest period at least every three hours.
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VARIANCES
NEW SECTION
WAC 296-125-0600 What is a variance? A variance is an exception to the rules of this chapter granted for good cause by the director of labor and industries or the director's designee.
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NEW SECTION
WAC 296-125-0610 How do I obtain a variance? You must submit a written application to the director requesting the variance(s). In your application you must specify the reasons why your request should be granted. If necessary, the director may request or receive additional information from you or other interested parties.
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NEW SECTION
WAC 296-125-0611 What does "good cause" mean? At a minimum, "good cause" refers to those situations and circumstances that support your request for a variance. You must be able to demonstrate that the variance will not be harmful to the health, safety, and welfare (including school attendance and performance) of the minor(s) affected. "Good cause" may also include the financial need of the minor's family or an exceptional or special talent manifested by the minor.
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NEW SECTION
WAC 296-125-0620 Are there special requirements that I must satisfy if I request a variance to employ minors under the age of sixteen in house-to-house sales? If you are requesting a variance to employ minors under the age of sixteen in house-to-house sales, you must demonstrate good cause for the variance and file a signed sworn statement ensuring that the following minimum requirements will be in force at all times:
(1) All house-to-house sales will be conducted only during daylight hours; and
(2) A responsible adult who is at least twenty-one years of age will accompany the minor at all times; and
(3) No house-to-house sales visits will be conducted in inclement weather; and
(4) The minor will only be employed for a specific time period that cannot exceed six weeks.
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NEW SECTION
WAC 296-125-0640 What criteria will be used to evaluate my variance request? (1) The director or the director's designee may grant your variance request if you:
(a) Possess a valid minor work permit endorsement; and
(b) Demonstrate good cause.
(2) Variances will be granted, as applicable, based on good cause shown, for residential schools, apprenticeship programs registered with the Washington state apprenticeship and training council, and vocational education, diversified career education, work experience, and cooperative education programs accepted and certified by the office of superintendent of public instruction or the local school district for circumstances other than those already exempted in WAC 296-125-030.
(3) Variances from federal regulations will not be issued except where you can show exemption from federal statutes and regulations governing minor work.
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NEW SECTION
WAC 296-125-0650 Do my variances expire? Each of your variances will expire upon the expiration of the minor work permit endorsement that was in effect at the time the variance was issued unless the variance was issued with an earlier expiration date.
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NEW SECTION
WAC 296-125-0651 Can my variances be renewed? When you renew your minor work permit endorsements, you must also apply for new variances that are related to those endorsements.
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NEW SECTION
WAC 296-125-0660 Can the department of labor and industries revoke, suspend, or modify my variances? The department may revoke, suspend, or modify your variances if it finds:
(1) A condition related to its issuance has not been satisfied; or
(2) You have violated any requirement of this chapter; or
(3) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor including an adverse impact upon their school attendance or performance.
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NEW SECTION
WAC 296-125-0670 Can I appeal the department's action to revoke, suspend or modify my variances? You have the right to appeal a department action to revoke, suspend or modify your variances. However, your appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. Your appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.
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SPECIAL VARIANCES
NEW SECTION
WAC 296-125-0700 What is a special variance? (1) A special variance is an exception to specific rules of this chapter. Special variances are granted by a designated school official of a school district or individual private school which has department approval to participate in the special variance process described in WAC 296-125-0720.
(2) A special variance is used to facilitate flexibility in a sixteen-year-old or seventeen-year-old minor's school and work requirements and may be granted only for exceptions to the rules governing:
(a) The maximum hours of work per week during a week when school is in session, up to a maximum of twenty-eight hours per week; and
(b) The maximum hours of work per day during a week when school is in session, up to a maximum of six hours per day.
(3) Special variances will not be granted for sixteen-year-old and seventeen-year-old minors working in house-to-house sales.
(4) When school is in session, minors must not work in excess of the maximum hours per week or per day illustrated in the following chart unless the employer has a current, fully completed and executed special variance on file at the minor's workplace.
Hours of work--Nonagriculture
| 14-year-olds and 15-year-olds | 16-year-olds and 17-year-olds | |||
| School | Nonschool | School | Nonschool | |
| Hours a day | 3.*
(weekdays) 8 (Fri.-Sun.) |
8 | 4.*.*
(weekdays) 8 (Fri.-Sun.) |
8 |
| Hours a week | 16 | 40 | 20/28.*.*.* | 48 |
| Days a week | 6 days | 6 days | 6 days | 6 days |
| Start | 7 a.m. | 7 a.m. | 7 a.m. | 5 a.m. |
| Quit | 7 p.m.
(weekdays) |
9 p.m. | 10 p.m.
(Sun.-Thurs.) Midnight (Fri. & Sat.) |
Midnight |
.* 14-year-olds and 15-year-olds can work up to 3 hours on a school day preceding a school day. All other days, 8 hours per day.
.*.* 16-year-olds and 17-year-olds can work up to 4 hours on a school day preceding a school day. All other days, 8 hours per day.
.*.*.* Up to 28 hours available through special variances.
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NEW SECTION
WAC 296-125-0710 What criteria will be followed in evaluating my special variance request? The designated school official may grant your special variance request if you:
(1) Possess a valid minor work permit endorsement; and
(2) Demonstrate good cause; and
(3) Request the variance for a minor whose school district or individual private school has department approval to participate in the special variance process discussed in WAC 296-125-0720.
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NEW SECTION
WAC 296-125-0720 How can a school district or individual private school qualify for participation in the special variance process? Each school district or individual private school seeking to participate in the special variance process must:
(1) Complete an enrollment form provided by the department; and
(2) Be approved by the department; and
(3) Agree to maintain a mandatory recordkeeping system specified by the department; and
(4) Use the uniform criteria described in WAC 296-125-0750 to evaluate variance requests.
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NEW SECTION
WAC 296-125-0721 Where can a school district or individual private school obtain a copy of the special variance process enrollment form? The form can be obtained from:
Department of Labor and Industries
Employment Standards Section
PO Box 44510
Olympia WA 98504-4510
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NEW SECTION
WAC 296-125-0722 In addition to completing the enrollment form, what other requirements must be satisfied before a school district or private school can participate in the special variance program? At a minimum, a school district or private school must agree to all of the following:
(1) Maintain the recordkeeping system required by the department.
(2) Designate a school official at each school who is authorized to evaluate and approve/disapprove variance requests.
(3) Use the uniform criteria discussed in WAC 296-125-0750 to evaluate variance requests.
(4) Within thirty days of the school's action, forward a copy of each variance approved or denied to the department.
(5) Give department agents immediate access to all variance files during normal school office hours.
(6) Be responsible for ensuring that the employer completes all appropriate sections of the special variance request form.
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NEW SECTION
WAC 296-125-0723 What is the employer's responsibility in providing information to the minor, the minor's parent or legal guardian, and school officials? (1) The employer must obtain a special variance form from the participating school and provide the following information:
(a) The minor's work-related duties;
(b) The maximum hours to be worked each week;
(c) The length of the minor's work shifts;
(d) The latest afternoon or evening hour that the minor will work;
(e) The number of days each week that the minor will be required to work the latest afternoon or evening hour;
(f) The employer's unified business identifier (UBI) number;
(g) The expiration dates of the employer's minor work permit endorsements.
(2) The employer must agree to maintain all special variance records according to the terms of WAC 296-125-0275.
(3) Upon completion, the employer must give the form to the minor to complete according to WAC 296-125-0730.
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NEW SECTION
WAC 296-125-0730 What other information about special variance requests is important? (1) To be valid, a special variance request form must be completed and signed by the employer, the minor, the minor's authorized school official and the minor's parent or legal guardian.
(2) The special variance, unless revoked, suspended or modified, shall remain in force for the duration of the school year for which it was granted. While the special variance is in force, it is the school district's responsibility to monitor it to insure that the conditions under which it was granted are being met.
(3) All minors must complete their section of the variance form after the employer section has been completed but before the form is submitted to the school, parent, or legal guardian.
(4) All minors must explain why they are requesting a special variance.
(5) The minor's parent or guardian must sign the request form. By signing, the parent or guardian approves or denies the request and attests to the reasons supporting it.
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NEW SECTION
WAC 296-125-0740 What are the consequences of submitting an incomplete special variance request form? (1) An incomplete special variance request form submitted to the department is:
(a) Invalid; and
(b) A violation of this chapter; and
(c) Cause for a school district, an individual private school or an employer to be dropped from the special variance program.
(2) When the department receives an incomplete special variance request form, it must give written notification to the school district or private school that its enrollment in the special variance program is being revoked.
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NEW SECTION
WAC 296-125-0741 Can a school district or private school appeal the department's decision to revoke its participation in the special variance program? A school district or private school may appeal a notice of revocation; however, the appeal must be filed with the department in writing within thirty days of its receipt. The written appeal must be sent to the department according to the procedures established by RCW 49.12.161 and 49.12.400. Filing an appeal does not set aside a notice of revocation.
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NEW SECTION
WAC 296-125-0750 What are the criteria used by a school to evaluate special variance requests? In evaluating requests for special variances, a school must consider at least the following factors:
(1) Does the employer hold a current valid minor work permit endorsement?
(2) What is the student's attendance pattern?
(3) Is the student making satisfactory academic progress?
(4) Will the student still have opportunities to participate in extracurricular activities?
(5) How many school nights will the student work?
(6) How late in the evening will the student work?
(7) How long a shift will the student work?
(8) How sound is the student's rationale for requesting a variance from the work hour restrictions illustrated in the table in WAC 296-125-0700(4)?
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NEW SECTION
WAC 296-125-0760 Do special variances expire? (1) Since special variances will be issued only to employers holding valid minor work permit endorsements, each special variance expires on the expiration date of the endorsement that was in effect at the time the special variance was issued.
(2) Upon the renewal of a minor work permit endorsement, an employer must complete a new special variance request form.
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NEW SECTION
WAC 296-125-0770 Can the department of labor and industries revoke, suspend, or modify a special variance? (1) The department may revoke, suspend, or modify a special variance if it finds:
(a) A condition related to its issuance has not been satisfied; or
(b) A violation of any requirement of this chapter; or
(c) An existing condition that is or could be detrimental to the health, safety, or welfare of a minor.
(2) If an employer violates the hour standards in WAC 296-125-027 or the hours specified in any special variance, they will forfeit their participation in the special variance process for one year from the finding of the violation by the department.
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NEW SECTION
WAC 296-125-0771 Can the parties to a special variance revoke it? A parent, legal guardian, or school may revoke a special variance at any time by simply giving written notification to the department and the other parties to the variance.
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NEW SECTION
WAC 296-125-0772 Can the department's action to refuse to issue or renew, revoke, suspend or modify a special variance be appealed? The department's refusal to issue or renew participation in the special variance process can be appealed, as well as, its decision to revoke or suspend participation. However, the appeal must be filed with the department in writing within thirty days of the department's action according to the procedures established by RCW 49.12.161 and 49.12.400. The appeal will not set aside an order of immediate restraint issued by the department according to RCW 49.12.390.
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REPEALER
The following sections of the Washington Administrative Code are repealed:
WAC 296-125-020 Minor work permits.
WAC 296-125-026 Parent/school authorization forms.
WAC 296-125-028 Meal and rest breaks for minors.
WAC 296-125-050 Posting, recordkeeping, and authority to enter, inspect, and investigate.
WAC 296-125-060 Variances.
WAC 296-125-070 Special variances.