West Virginia Code § 21-6-5

Age certificate for employers; contents of certificate; forms; records; filing;
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inquiry as to age; revocation of certificate.
(a) A child 14 or 15 years of age may be employed or permitted to work in any gainful
occupation, except as provided in §21-6-2 of this code, when the person, firm, or corporation
by whom the child is employed or permitted to work, obtains and keeps on file and
accessible to officers charged with the enforcement of this article, an age ceertificate issued
by the State Commissioner of Labor or a person authorized by him or her in writing. Upon
request of any employer who is desirous of employing a child who reprersents his or her age
to be 16 years or over, the commissioner or a person authorized by him or her in writing
shall issue to the employer an age certificate in accordance with the provisions of this
article.
(b) The commissioner, or a person authorized by him or her in writing to issue an age
certificate under this article, shall issue the certificate only upon obtaining proof of age of
the child in the form of a birth certificate, or attested transcript thereof, issued by the
registrar of vital statistics or other officer charged with the duty of recording births. The age
certificate shall set forth the full name and thes date and place of birth of the child, with the
name and address of his or her parents or parent, or guardian or custodian. It shall certify
that the child has submitted for review proof of age, school attendance, prospective
employment, brief description of jobg supplied by the employer, parental or other consent for
children under 16 years of age as required by §21-6-3 of this code, and applicable work
hours for children under 16 yeears of age as provided for in §21-6-7 of this code, with such
work hours to be printed on the age certificate.
(c) The commissioner shall prepare printed forms for age certificates and make them
available by posting on the Division of Labor's website or other method determined pursuant
to rule. A record of all age certificates issued shall be kept in the office of the commissioner.
(d) The age certificate, when filed in the office of the employer, must be accepted by an
offiWcer charged with the enforcement of this article as evidence of the age of the child in
whose name it was issued.
(e) Any officer charged with the enforcement of this article may inquire into the true age of a
child apparently under the age of 16 years who is employed or permitted to work in any
gainful occupation and for whom no age certificate is on file; and if the age of the child is
found to be actually under 16 years, the employment of the child shall be considered a
violation of the provisions of this article.
(f) The commissioner may at any time revoke any age certificate if in his or her judgment it
was improperly issued, and for this purpose he or she is authorized to investigate the true
age of any child employed, to hear evidence, and to require the production of relevant books
and documents. If an age certificate is revoked, the issuing officer shall be notified of the
action.

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