2014 Kentucky Revised Statutes
CHAPTER 342 - WORKERS' COMPENSATION
342.213 Workers' Compensation Nominating Commission -- Membership -- Duties with respect to appointments.
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<![CDATA[342.213 Workers' Compensation Nominating Commission -- Membership -Duties with respect to appointments.
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The Governor shall make all appointments to the board, and appoint the
administrative law judges and the commissioner of the Department of Workers'
Claims, subject to the consent of the Senate in accordance with KRS 11.160,
and in accordance with this section, KRS 342.215, 342.228, and 342.230 by
choosing from names presented to him or her by the Workers' Compensation
Nominating Commission.
The Workers' Compensation Nominating Commission shall consist of seven (7)
members appointed by the Governor as follows:
(a) Two (2) members shall be attorneys experienced in the practice of
workers' compensation, one (1) of whom customarily represents
claimants, and one (1) of whom customarily represents employers. Both
shall serve terms of two (2) 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
registered voters and one (1) member of the political party having
the second largest number of registered voters shall serve a term of
three (3) years; and
2.
Two (2) members of the political party having the largest number of
registered voters and one (1) member of the political party having
the second largest number of registered voters shall serve a term of
four (4) years.
3.
Thereafter, as each term expires, the vacancy so created shall be
filled by 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.
Notwithstanding the provisions of subsection (2) of this section, at least three
(3) members of the Workers' Compensation Nominating Commission shall be
individuals who directly derive no earned income from the workers'
compensation program. In order to satisfy the requirement of this subsection,
the Governor may remove any existing member of the Workers' Compensation
Nominating Commission and replace that member with an individual who does
not derive earned income from the workers' compensation program. On or
before March 1, 1997, the Governor shall submit to the Senate a list of the
members of the commission identifying the positions they fill and the terms they
shall serve in accordance with the provisions of this section.
The commissioner shall monitor the workload of the administrative law judges
and, whenever a vacancy occurs, determine whether filling the position is
necessary to expeditious resolution of claims brought under this chapter. One
hundred twenty (120) days prior to the expiration of the terms of the
administrative law judges, and when a vacancy occurs under other
circumstances, the commissioner shall certify to the Workers' Compensation
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Nominating Commission that filling the position is necessary and the Workers'
Compensation Nominating Commission shall act to fill only such positions as
have been certified as necessary by the commissioner.
(a) The Workers' Compensation Nominating Commission shall consult with
the commissioner, chief administrative law judge, and a member of the
Workers' Compensation Board as to the performance in office of the
administrative law judges. The Workers' Compensation Nominating
Commission may recommend retention of any sitting administrative law
judge, or present to the Governor the names of three (3) qualified
individuals nominated for the position. The Workers' Compensation
Nominating Commission shall report its recommendation for retention to
the Governor no later than thirty (30) days after receipt from the
commissioner of certification of the necessity to fill the position and shall
render to the Governor its list of nominees to fill vacancies within sixty
(60) days of receipt of the commissioner's certification. The name of an
individual who has been rejected by the Governor when recommended for
retention shall not be presented thereafter as a nominee for the same
position. No sitting administrative law judge shall be nominated to fill more
than one (1) vacancy except for separate vacancies as an administrative
law judge.
(b) Within thirty (30) days of receipt of the recommendation, the Governor
may reject recommendations of retention, in which event the Workers'
Compensation Nominating Commission shall, within thirty (30) days,
reconvene and present a list of the names of three (3) nominees for each
position for which a recommendation for retention has been rejected by
the Governor.
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 list submitted to the Governor shall contain names of individuals who meet
the qualifications and requirements contained in KRS 342.228. The
commissioner shall be subject to Senate confirmation in accordance with KRS
11.160.
(a) The Governor shall appoint the members of the Workers' Compensation
Board. The nominating commission shall present to the Governor a list of
three (3) candidates for appointment to the board no later than thirty (30)
days prior to the expiration of a board member's term. For the purpose of
filling vacancies on the board which occur for reasons other than an
expiration of term, the nominating commission shall present a list of three
(3) names to the 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 previous appointee may remain in the position until the ninetieth day
following the date the nominating commission provided the Governor with
its list of names, at which time he or she shall vacate the position.
The nominating commission shall meet as often as necessary to perform its
responsibilities, and the members shall be reimbursed from funds collected
pursuant to KRS 342.122 for necessary expenses in the manner and amounts
prescribed for state employees by KRS 45.101 and the administrative
regulations promulgated under the authority of that statute. In addition, each
member of the nominating commission shall be paid at a rate of one hundred
dollars ($100) per day for each meeting attended, and these expenses shall be
financed from funds collected pursuant to KRS 342.122.
Effective:July 15, 2010
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 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 7, effective December 12, 1996. -Amended 1994 Ky. Acts ch. 181, Part 3, sec. 9, effective April 4, 1994. -Created 1987 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 24, effective October 26,
1987.
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