103.71 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.72
103.72
Refusal and revocation of permits. 103.72(1)
(1) The department or permit officer may refuse to grant permits in the case of minors who seem physically unable to perform the labor at which they are to be employed. They may also refuse to grant a permit if in their judgment the best interests of the minor would be served by that refusal.
103.72(2)
(2) Whenever it appears to the department that a permit has been improperly or illegally issued, or that the physical or moral welfare or school attendance of the minor would be best served by the revocation of the permit or that the failing school performance of the minor would be remedied by the revocation of the permit, the department may immediately, without notice, revoke the permit. The department shall revoke a permit if ordered to do so under
s. 938.342 (1g) (e). If the department revokes a permit, the department shall, by registered mail, notify the person employing the minor and the minor holding the permit of the revocation. Upon receipt of the notice, the employer employing the minor shall immediately return the revoked permit to the department and discontinue the employment of the minor.
103.72 History
History: 1995 a. 77;
1997 a. 239.
103.72 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.73
103.73
Form and requisites of permit; as evidence. 103.73(1)(1) The permit provided under
s. 103.70 shall state the name and the date of birth of the minor and that the following evidence, records and papers have been examined, approved and filed:
103.73(1)(a)
(a) Such evidence as is required by the department showing the age of the minor. The department shall promulgate rules governing the proof of age of minors who apply for labor permits that shall bind all persons authorized by law to issue such permits. In promulgating those rules, the department shall include a requirement that the department and its permit officers shall accept as evidence of a minor's age a duly attested birth certificate, a verified baptismal certificate, a valid operator's license issued under
ch. 343 that contains the photograph of the license holder or an identification card issued under
s. 343.50. Those rules shall also require the department and its permit officers to accept as evidence of a minor's age a valid operator's license issued under
ch. 343 that contains the photograph of the license holder or an identification card issued under
s. 343.50 without requiring proof that the minor's birth certificate or baptismal certificate cannot be secured.
103.73(1)(b)
(b) A letter written on the regular letterhead or other business paper used by the person who desires to employ the minor, stating the intention of the person to employ the minor and signed by the person or someone duly authorized by the person.
103.73(2)
(2) The permits provided under
s. 103.70 shall be issued upon forms furnished by the department.
103.73(3)
(3) A child labor permit duly issued shall be conclusive evidence of the age of the minor for whom it was issued in any proceeding under any of the labor laws and under
ch. 102, as to any act or thing occurring subsequent to the date such permit was issued.
103.73 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.74
103.74
Duties of employers of minors. Every employer employing a minor under 18 for whom a permit is required, except in street trades, shall:
103.74(1)
(1) Receive and file a child labor permit authorizing employment of the minor by him or her before the minor is permitted to do any work, and shall keep the permit on file and allow inspection of the permit at any time by the department or any school attendance officer. A permit shall be valid only for the employer for whom issued.
103.74(2)
(2) Keep a record for each employed minor's name, address, date of birth, the time of beginning and ending work and the time for meals each day and the total hours worked each day and each week.
103.75
103.75
Certificates of age. 103.75(1)
(1) The department or persons designated by the department may issue certificates of age for minors under rules the department deems necessary. In issuing a certificate of age for a minor, the department or person designated by the department shall accept as evidence of the minor's age the evidence specified in
s. 103.73 (1) (a) in the manner specified in
s. 103.73 (1) (a). The certificate is conclusive evidence of the age of the minor to whom issued in any proceeding under any of the labor laws and under
ch. 102 as to any act or thing occurring subsequent to the date the certificate was issued.
103.75(2)
(2) Any person who knowingly offers or assists in offering false evidence of age for the purpose of obtaining an age certificate or who alters, forges, fraudulently obtains, uses, or refuses to surrender upon demand of the department a certificate of age may be fined not more than $100 or imprisoned not to exceed 3 months.
103.75 Cross-reference
Cross-reference: See also ch.
DWD 270, Wis. adm. code.
103.76
103.76
Proof of age in court. Whenever in any proceeding in any court under any of the labor laws or under
ch. 102 there is any doubt of the age of a minor, a duly issued child labor permit or age certificate shall be conclusive evidence. In the absence of such permit or certificate, a duly attested birth certificate, a verified baptismal certificate, a valid operator's license issued under
ch. 343 that contains the photograph of the license holder or an identification card issued under
s. 343.50 shall be produced and filed with the court. Upon proof that the birth certificate, baptismal certificate, operator's license or identification card cannot be secured, the record of age stated in the first school enrollment of the child shall be admissible as evidence of the minor's age.
103.78
103.78
Minors in public exhibitions, radio and television broadcasts, modeling. 103.78(1)
(1) Nothing contained in
ss. 103.64 to
103.82 shall be construed as forbidding any minor under 18 years of age to appear for the purpose of singing, playing or performing in any studio, circus, theatrical or musical exhibition, concert or festival, in radio and television broadcasts, or as a live or photographic model. Labor permits shall not be required for such employment or appearances but no minor under 18 years of age shall be so employed except under the following conditions:
103.78(1)(a)
(a) The activities enumerated shall not be detrimental to the life, health, safety or welfare of the minor.