[Code of Federal Regulations]

[Title 29, Volume 3]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 29CFR570.7]



[Page 256]

 

                             TITLE 29--LABOR

 

         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR

 

PART 570_CHILD LABOR REGULATIONS, ORDERS AND STATEMENTS OF INTERPRETATION

--Table of Contents

 

                      Subpart B_Certificates of Age

 

Sec.  570.7  Documentary evidence required for issuance of a certificate 

of age.



    (a) Except as otherwise provided in Sec. Sec.  570.9 and 570.10, a 

certificate of age which shall have the effect specified in Sec.  570.5 

shall be issued only upon application of the minor desiring employment 

or of the prospective employer to the person authorized to issue such 

certificate and only after acceptable documentary evidence of age has 

been received, examined, and approved. Such evidence shall consist of 

one of the following to be required in the order of preference herein 

designated:

    (1) A birth certificate or attested transcript thereof or a signed 

statement of the recorded date and place of birth, issued by a registrar 

of vital statistics or other officer charged with the duty of recording 

births.

    (2) A record of baptism or attested transcript thereof showing the 

date and place of birth and date and place of baptism of the minor, or a 

bona fide contemporary record of the date and place of the minor's birth 

kept in the Bible in which the records of the births in the family of 

the minor are preserved, or other documentary evidence satisfactory to 

the Administrator, such as a passport showing the age of the minor, or a 

certificate of arrival in the United States issued by the United States 

immigration office and showing the age of the minor, or a life-insurance 

policy: Provided, That such other documentary evidence has been in 

existence at least 1 year prior to the time it is offered as evidence: 

And provided further, That a school record of age or an affidavit of a 

parent or a person standing in place of a parent, or other written 

statement of age shall not be accepted except as specified in paragraph 

(a) (3) of this section;

    (3) The school record or the school-census record of the age of the 

minor, together with the sworn statement of a parent or person standing 

in place of a parent as to the age of the minor and also a certificate 

signed by a physician specifying what in his opinion is the physical age 

of the minor. Such certificate shall show the height and weight of the 

minor and other facts concerning his physical development which were 

revealed by such examination and upon which the opinion of the physician 

as to the physical age of the minor is based. If the school or school-

census record of age is not obtainable, the sworn statement of the 

parent or person standing in place of a parent as to the date of birth 

of the minor, together with a physician's certificate of age as 

hereinbefore specified, may be accepted as evidence of age.

    (b) The officer issuing a certificate of age for a minor shall 

require the evidence of age specified in paragraph (a)(1) of this 

section in preference to that specified in paragraphs (a)(2) and (3) of 

this section, and shall not accept the evidence of age permitted by 

either subsequent paragraph unless he shall receive and file evidence 

that reasonable efforts have been made to obtain the preferred evidence 

required by the preceding paragraph or paragraphs before accepting any 

subsequently named evidence: Provided, That to avoid undue delay in the 

issuance of certificates, evidence specified in paragraph (a)(2) of this 

section may be accepted, or if such evidence is not available, evidence 

specified in paragraph (a)(3) of this section may be accepted if a 

verification of birth has been requested but has not been received from 

the appropriate bureau of vital statistics.