R610-2-2. Definitions  


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  • A. "Commission" means the Labor Commission.

    B. "Complainant" means any person making a claim, or a representative of a minor alleging a violation.

    C. "Complaint" means a properly completed Complaint Form filed with the Division by a complainant or a representative of the complainant.

    D. "Defendant" means any person or entity against whom a claim is made.

    E. "Director" is the Director of the Division of Antidiscrimination and Labor. Director also means a designee denoted by the Commission to serve in the Director's absence.

    F. "Division" means the Division of Antidiscrimination and Labor within the Commission and the personnel within the Division responsible for enforcement.

    G. "Employer" includes every person, firm, partnership, association, limited liability company, corporation, receiver, or other officer of any of the above mentioned classes, employing any person in this state or who permits any person to perform work, labor, or services.

    H. "Employer's immediate family" includes children, step children, brothers, and sisters living in the home of a sole proprietor or partnership, but may not apply to a corporation.

    I. "Hazardous occupation" means any occupation defined as hazardous by the United States Department of Labor under 29 U.S.C. 201 et seq. of the Fair Labor Standards Act.

    J. "Hearing Officer" means a presiding officer who is designated by the Commission to commence adjudicative proceedings, process claims and complaints, conduct investigations, hold hearings, assess penalties, issue subpoenas, and enter Orders.

    K. "License" means a document issued by the Division to an employer employing minors in door-to-door sales.

    L. "Nonprofit group" means a group recognized under Section 501(c) of the Internal Revenue Code as having nonprofit exempt status.

    M. "Presiding Officer" includes those defined by Section 63G-4-103(1)(h)(I).

    N. Additional definitions may be found in Section 34-23-103.