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342.213 Workers' Compensation Nominating Commission -- Membership -- Duties
with respect to appointments.
(1) The Governor shall make all appointments to the board, and appoint the
administrative law judges and the commissioner of the Department of Workers' <br>Claims, subject to the consent of the Senate in accordance with KRS 11.160, and in <br>accordance with this section, KRS 342.215, 342.228, and 342.230 by choosing from <br>names presented to him or her by the Workers' Compensation Nominating <br>Commission.
(2) The Workers' Compensation Nominating Commission shall consist of seven (7)
members appointed by the Governor as follows: <br>(a) Two (2) members shall be attorneys experienced in the practice of workers'
compensation, one (1) of whom customarily represents claimants, and one (1) <br>of whom customarily represents employers. Both shall serve terms of two (2) <br>years, but their successors shall be appointed to terms of four (4) years;
(b) 1.
One (1) member of the political party having the largest number of <br>registered voters and one (1) member of the political party having the <br>second largest number of registered voters shall serve a term of three (3) <br>years; and
2.
Two (2) members of the political party having the largest number of <br>registered voters and one (1) member of the political party having the <br>second largest number of registered voters shall serve a term of four (4) <br>years.
3.
Thereafter, as each term expires, the vacancy so created shall be filled by <br>an appointee from the same political party for a term of four (4) years;
(c) Appointments to fill the unexpired term of a member shall be for the
remainder of the term; and
(d) The members shall annually select a chairman of the nominating commission.
(3) Notwithstanding the provisions of subsection (2) of this section, at least three (3)
members of the Workers' Compensation Nominating Commission shall be <br>individuals who directly derive no earned income from the workers' compensation <br>program. In order to satisfy the requirement of this subsection, the Governor may <br>remove any existing member of the Workers' Compensation Nominating <br>Commission and replace that member with an individual who does not derive <br>earned income from the workers' compensation program. On or before March 1, <br>1997, the Governor shall submit to the Senate a list of the members of the <br>commission identifying the positions they fill and the terms they shall serve in <br>accordance with the provisions of this section.
(4) The commissioner shall monitor the workload of the administrative law judges and,
whenever a vacancy occurs, determine whether filling the position is necessary to <br>expeditious resolution of claims brought under this chapter. One hundred twenty <br>(120) days prior to the expiration of the terms of the administrative law judges, and <br>when a vacancy occurs under other circumstances, the commissioner shall certify to <br>the Workers' Compensation Nominating Commission that filling the position is
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necessary and the Workers' Compensation Nominating Commission shall act to fill <br>only such positions as have been certified as necessary by the commissioner.
(5) (a) The Workers' Compensation Nominating Commission shall consult with the
commissioner, chief administrative law judge, and a member of the Workers' <br>Compensation Board as to the performance in office of the administrative law <br>judges. The Workers' Compensation Nominating Commission may <br>recommend retention of any sitting administrative law judge, or present to the <br>Governor the names of three (3) qualified individuals nominated for the <br>position. The Workers' Compensation Nominating Commission shall report <br>its recommendation for retention to the Governor no later than thirty (30) days <br>after receipt from the commissioner of certification of the necessity to fill the <br>position and shall render to the Governor its list of nominees to fill vacancies <br>within sixty (60) days of receipt of the commissioner's certification. The name <br>of an individual who has been rejected by the Governor when recommended <br>for retention shall not be presented thereafter as a nominee for the same <br>position. No sitting administrative law judge shall be nominated to fill more <br>than one (1) vacancy except for separate vacancies as an administrative law <br>judge.
(b) Within thirty (30) days of receipt of the recommendation, the Governor may
reject recommendations of retention, in which event the Workers' <br>Compensation Nominating Commission shall, within thirty (30) days, <br>reconvene and present a list of the names of three (3) nominees for each <br>position for which a recommendation for retention has been rejected by the <br>Governor.
(6) The Governor shall appoint the commissioner of the Department of Workers'
Claims from a list of three (3) names submitted by the nominating commission. The <br>list submitted to the Governor shall contain names of individuals who meet the <br>qualifications and requirements contained in KRS 342.228. The commissioner shall <br>be subject to Senate confirmation in accordance with KRS 11.160.
(7) (a) The Governor shall appoint the members of the Workers' Compensation
Board. The nominating commission shall present to the Governor a list of <br>three (3) candidates for appointment to the board no later than thirty (30) days <br>prior to the expiration of a board member's term. For the purpose of filling <br>vacancies on the board which occur for reasons other than an expiration of <br>term, the nominating commission shall present a list of three (3) names to the <br>Governor no later than sixty (60) days after a vacancy occurs.
(b) If the Governor fails to appoint a member of the board within thirty (30) days
following receipt of a list of names from the nominating commission, the <br>previous appointee may remain in the position until the ninetieth day <br>following the date the nominating commission provided the Governor with its <br>list of names, at which time he or she shall vacate the position.
(8) The nominating commission shall meet as often as necessary to perform its
responsibilities, and the members shall be reimbursed from funds collected pursuant <br>to KRS 342.122 for necessary expenses in the manner and amounts prescribed for
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state employees by KRS 45.101 and the administrative regulations promulgated <br>under the authority of that statute. In addition, each member of the nominating <br>commission shall be paid at a rate of one hundred dollars ($100) per day for each <br>meeting attended, and these expenses shall be financed from funds collected <br>pursuant to KRS 342.122.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1797, effective July 15, 2010. --
Amended 2000 Ky. Acts ch. 514, sec. 10, effective July 14, 2000. -- Amended 1996 <br>(1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective December 12, 1996. -- Amended <br>1994 Ky. Acts ch. 181, Part 3, sec. 9, effective April 4, 1994. -- Created 1987 (1st <br>Extra. Sess.) Ky. Acts ch. 1, sec. 24, effective October 26, 1987.
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