- (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.
(Eff. 7/2/95, Register 135; am 7/30/99, Register 151; am 11/23/2003, Register 168)