Section 210.500  Application for a License to Employ an Individual with a Disability at a Wage Less than the Minimum Wage Rate

a)         No employer subject to the provisions of the Act may employ an individual with a disability at less than the minimum wage rate pursuant to Section 4 of the Act without first obtaining a license from the Director.

b)         An official application form for a license to employ an individual with a disability at a wage less than the minimum wage rate shall be provided by the Director. The employer shall answer all questions contained on the form. The application shall be signed jointly by the employer and the individual with a disability.

c)         The license shall be effective for a period not to exceed one year.  The individual may be paid the sub-minimum wage permitted under the license only during the effective period of the license.  The wage rate set in the license shall be fixed at a figure designed to reflect adequately the individual worker's earning or productive capacity.

d)         Upon the expiration of said license, an employer of an individual with a disability may submit an application for renewal, subject however to the same or similar terms and conditions as required for an original application. If an application for renewal has been properly and timely filed prior to the expiration date of a license, the license shall remain in effect until the application for renewal has been granted or denied.