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(a) Except as provided in (d) of this section, an employer in the entertainment industry desiring to employ children must obtain a permit from the department to employ children. In order to obtain a permit, a parent or guardian and the employer must complete an application for each job on a form provided by the department. A talent or casting agency may obtain a provisional permit as the employer or record by submitting the information listed in (b)(1) - (5) of this section. Within 72 hours of sending the child to a specific job call, the talent or casting agency, as employer of record, shall submit to the department the information required in (b)(6) - (10) of this section. If the talent or casting agency has obtained a provisional permit and sent the child to a job, the agency is responsible for compliance with this section.
(b) An application to employ a child shall contain
(1) the legal and professional name of the child;
(2) the date of birth of the child;
(3) the written consent of the parent or guardian;
(4) the name and permanent address of the parent or guardian and the name of the parent, guardian, or representative who will accompany the child to rehearsals and performances;
(5) if the child has a legal guardian, proof of guardianship;
(6) the nature, time, duration, dates, and number of rehearsals and performances involving the child, with identification of the location and nature of those rehearsals and performances;
(7) the maximum combined rehearsal and performance times per day and per week involving the child;
(8) the rate of pay the child will receive for performing;
(9) a detailed description of the child's role, including each activity to be performed; the description shall include an excerpt from the script that contains the child's dialogue and action; and
(10) any other information the department may request for clarification of items listed in (1) - (10) of this subsection.
(c) The application must be accompanied by adequate proof of age for the child as indicated in 8 AAC 05.280 and proof of workers' compensation coverage valid in this state as required by AS 23.30.075 .
(d) An appearance of a child in any of the following activities for no compensation is not considered employment as a performer in the entertainment industry under AS 23.10.330 :
(1) church, school, or community entertainment;
(2) entertainment for charity or for children for which no admission is charged; or
(3) radio or television broadcasting exhibition consisting of a single performance by the child lasting not more than one hour and for which no admission fee is charged; an exhibition includes an appearance in a concert or choral presentation or as a member of an audience, panel, or gallery.
(e) Under this section, proof of legal guardianship includes a
(1) general power of attorney appointing guardianship of the minor to an individual;
(2) power of attorney to an individual that specifically includes authorization regarding employment of the minor;
(3) marriage license and proof that the spouse of the minor is at least 18 years of age;
(4) state court award of guardianship of the minor to an individual;
(5) court order making the minor a ward of the state.
History: Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 11/23/2003, Register 168
Authority: AS 23.10.330
Editor's note: Permit application forms may be obtained by writing the Department of Labor and Workforce Development, division of labor standards and safety, wage and hour section, P.O. Box 107021, Anchorage, Alaska 99510-7021. Forms are also available at the Juneau and Fairbanks regional wage and hour offices of the department.
As of Register 151 (October 1999), the regulations attorney made technical revisions under AS 44.62.125 (b)(6) to reflect the name change of the Department of Labor to the Department of Labor and Workforce Development made by ch. 58, SLA 1999 and the corresponding title change of the commissioner of labor.
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Last modified 7/05/2006