(a) The administrative determination of the amount of the civil
penalty, of not to exceed $10,000 for each employee who was the subject
of a violation of section 12 or section 13(c)(5) of the Act relating to
child labor or of any regulation issued under that section, will be
based on the available evidence of the violation or violations and will
take into consideration the size of the business of the person charged
and the gravity of the violation as provided in paragraphs (b) through
(d) of this section; Provided, however, that for any violation occurring
on or after January 7, 2002 the civil money penalty amount will increase
to not to exceed $11,000 for each employee who was the subject of a
violation.
(b) In determining the amount of such penalty there shall be
considered the appropriateness of such penalty to the size of the
business of the person charged with the violation or violations, taking
into account the number of employees employed by that person (and if the
employment is in agriculture, the man-days of hired farm labor used in
pertinent calendar quarters), dollar volume of sales or business done,
amount of capital investment and financial resources, and such other
information as may be available relative to the size of the business of
such person.
(c) In determining the amount of such penalty there shall be
considered the appropriateness of such penalty to the gravity of the
violation or violations, taking into account, among other things, any
history of prior violations; any evidence of willfulness or failure to
take reasonable precautions to avoid violations; the number of minors
illegally employed; the age of the minors so employed and records of the
required proof of age; the occupations in which the minors were so
employed; exposure of such minors to hazards and any resultant injury to
such minors; the duration of such illegal employment; and, as
appropriate, the hours of the day in which it occurred and whether such
employment was during or outside school hours.
(d) Based on all the evidence available, including the investigation
history of the person so charged and the degree of willfulness involved
in the violation, it shall further be determined, where appropriate,
(1) Whether the evidence shows that the violation is ``de minimis''
and that
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the person so charged has given credible assurance of future compliance,
and whether a civil penalty in the circumstances is necessary to achieve
the objectives of the Act; or
(2) Whether the evidence shows that the person so charged had no
previous history of child labor violations, that the violations
themselves involved no intentional or heedless exposure of any minor to
any obvious hazard or detriment to health or well-being and were
inadvertent, and that the person so charged has given credible assurance
of future compliance, and whether a civil penalty in the circumstances
is necessary to achieve the objectives of the Act.
(e) An administrative determination of the amount of the civil money
penalty for a particular violation or particular violations of section
12 relating to child labor or any regulation issued under that section
shall become final 15 days after receipt of the notice of penalty by
certified mail by the person so charged unless such person has, pursuant
to Sec. 580.6 filed with the Secretary an exception to the
determination that the violation or violations for which the penalty is
imposed occurred.
(f) A determination of the penalty made in an administrative
proceeding after opportunity for hearing as provided in section 16(e) of
the Act and pursuant to Part 580 of this chapter shall be final.
[40 FR 25792, June 18, 1975, as amended at 56 FR 8679, Feb. 28, 1991; 66
FR 63503, Dec. 7, 2001]
