Current through Register Vol. 45, No. 52, December 27, 2023
(a) All
applications for an employer certificate of eligibility or employer certificate
of group eligibility and all applications for renewal of an employer
certificate of eligibility shall be made to the department prior to employing
one or more child performers.
(b)
The applicant for either an initial or a renewal employer certificate of
eligibility or an employer certificate of group eligibility shall submit such
application on a form and in a manner required by the department and shall
provide such information as the commissioner shall require including, but not
limited to:
(1) the applicant's name, Federal
tax identification number, business and email addresses, telephone number,
names of corporate officers, if any, and type (e.g., movie, play, commercial,
etc.) and location of employment of child performers for which the certificate
is requested;
(2) proof of the
applicant's compliance with the mandatory coverage requirements of the workers'
compensation and disability benefits laws on forms approved by the chair of the
New York State Workers' Compensation Board;
(3) completion of the due diligence
questionnaire required by the department including, but not limited to,
disclosure of any prior violations of this Part, of Federal or State labor
laws, or of other State or Federal laws governing the employment of child
performers and disposition thereof;
(4) a signed acknowledgment that the
applicant has read, understands, and agrees to abide by the laws, rules, and
regulations applicable to the employment of child performers and understands
that the failure to do so may result in the suspension or revocation of the
certificate or a denial of a renewal of such certificate; and
(5) any additional information deemed
relevant by the commissioner.
(c) In addition to the information required
under subdivision (b) of this section, an applicant for an employer certificate
of group eligibility shall also provide to the commissioner:
(1) a description of the manner or role in
which the group of children will be employed;
(2) the date(s) of such use;
(3) the physical address of the location of
such use;
(4) the name and contact
information of the employer's on site representative;
(5) the approximate number of children to be
employed under such certificate; and
(6) the name and contact information of the
employer's on site representative.
(d) An application for an initial or renewal
employer certificate of eligibility or an employer certificate of group
eligibility shall be accompanied by a fee in an amount established by the
commissioner. Such fee amounts are:
(1) $350
for an initial employer certificate of eligibility and $200 for a renewal
thereof; or
(2) $200 for an initial
employer certificate of eligibility or renewal thereof for employers operating
theaters containing fewer than 500 seats; or
(3) $200 for an employer certificate of group
eligibility.
(e) An
employer certificate of eligibility shall be valid for a period of three years
from the date of issuance unless suspended or revoked pursuant to Subpart 186-9
of this Part. An application for renewal of an employer certificate of
eligibility shall be submitted to the department no later than 30 days prior to
the expiration of such certificate.
(f) An employer certificate of group
eligibility shall be valid only for the duration of the performance or
appearance for which such certificate was granted, and in no case for more than
two days of work, which need not be consecutive. The employer certificate of
group eligibility shall be maintained by the employer, together with a list of
children to be covered by such certificate, and the written consent of the
parent or guardian of each listed child and shall be available for inspection
on site during the covered performance or appearance. The list of children
shall identify each child by the true and stage name and the age of the child,
and the name and address of the child's parent or guardian.
(g) An employer certificate of eligibility or
employer certificate of group eligibility shall not be issued, or an employer
certificate of eligibility shall not be renewed if:
(1) all requirements set forth in
subdivisions (a) through (d) of this section have not been met;
(2) a civil penalty previously imposed on the
employer for a violation of laws or regulations governing the employment of
child performers has not been paid as of the date of application;
(3) the commissioner finds that the employer
has violated any provision of article 4-A of the Labor Law of the State of New
York, section
7-7.1 of the Estates, Powers and Trusts
Law of the State of New York, section
35.01 of the Arts and Cultural Affairs Law
of the State of New York and/or any provision of this Part within three years
of the last assessment of a civil penalty against the employer under this Part,
or has been found to have committed serious violations of other State, Federal
or local laws with regard to the employer's employment of child performers or
has otherwise demonstrated a lack of responsibility in the employment of child
performers of such seriousness as to warrant the refusal to issue or renew an
employer certificate of eligibility; or
(4) the commissioner has reasonable cause to
believe that the employer has employed or will employ any child performer in
any manner that may be hazardous or detrimental to the physical or mental
health, morals, education, or general welfare of the child
performer(s).
