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 education 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. §201. (c) Review the intention to employ form for deviations from the standards established by the department of education 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 evidence of any department of education 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 education 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 the minor on a 30-calendar-day probationary period when the minor's poor school attendance results in consistent academic performance at a level lower than that which preceded his or her employment. (6) If, at the conclusion of the 30-calendar-day probationary period, the minor’s poor school attendance continues to result in consistent academic performance at a level lower than that which preceded his or her employment, upon written notice to the minor and the employer, the issuing officer may suspend the work permit for a period of not more than 30 calendar days. The minor is suspended from work during suspension of the work permit. (7) Upon written notification to the minor and employer, the issuing officer may revoke a work permit following suspension of the work permit as specified in subrule (6) of this rule if the deficiency that led to the suspension is not corrected. (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 education. (9) Upon revocation of a work permit pursuant to these rules, the minor’s legal employment under the authority of the permit ceases. (10) Upon revocation of a work permit, the issuing officer shall inform the minor of the appeal process pursuant to the administrative procedures act, 1969 PA 306, MCL 24.201 to 24.328, and shall provide instructions as to the initiation of an appeal by the minor, by a parent or guardian of the minor, or by a person or agency to whom custody of the minor has been awarded. The issuing officer shall keep a record of all appeals. (11) Records that are exempt from disclosure by statute or regulation shall not be disclosed.