342.213 Workers' Compensation Nominating Committee -- Membership -- Duties
1,071 words·~5 min read·
/ky/342-213A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
with respect to appointments.
(1)The Governor shall make all appointments to the board, and appoint the
administrative law judges 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 and KRS 342.215 and 342.230 by choosing from names presented to him or
her by the Workers' Compensation Nominating Committee.
(2)The Workers' Compensation Nominating Committee shall consist of five
members appointed by the Governor as follows:
(a)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 two
years;
2. One
(1)member of the political party having the largest number of
registered voters shall serve a term of three
(3)years; and
3. Thereafter, upon the expiration of a term, the vacancy created shall be
filled by an appointee from the same political party for a term of four
years;
(b)1. Two
(2)members who shall be attorneys with experience in the practice
of workers' compensation, one
(1)who customarily represents claimants
and one
(1)who customarily represents employers, each of whom shall
serve a term of four
(4)years; and
2. Thereafter, upon expiration of a term, the vacancy shall be filled by an
appointee who meets the same required qualifications or criteria and
who shall serve a term of four
(4)years;
(c)Appointments to fill the unexpired term of a member due to the resignation of
a member, removal of a member pursuant to KRS 63.080, or any other reason
shall be for the remainder of the term, and the new appointee shall meet the
same required qualifications or criteria as stated in this section; and
(d)At the first meeting of each calendar year, the members shall select a
chairman of the nominating committee who shall serve as chairman for the
duration of that calendar year.
(3)Notwithstanding the provisions of subsection
(2)of this section, at least two
members of the Workers' Compensation Nominating Committee 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 shall
remove any existing member of the Workers' Compensation Nominating
Committee who directly derives earned income from the workers' compensation
program and replace that member with an individual who does not derive earned
income from the workers' compensation program.
(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
expeditious resolution of claims brought under this chapter. One hundred fifty
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 Nominating Committee that filling the position is
necessary and the Workers' Compensation Nominating Committee shall act to fill
only such positions as have been certified as necessary by the commissioner.
(a)The Workers' Compensation Nominating Committee 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 Committee may recommend
retention of any sitting administrative law judge or board member, or present
to the Governor the names of three
(3)qualified individuals nominated for the
position. The Workers' Compensation Nominating Committee 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 Committee 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.
(6)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. If a sitting board member is not retained, the nominating committee
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 committee 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 committee, the
previous appointee may remain in the position until adjournment of the Senate
the year following the expiration of his or her term, at which time he or she
shall vacate the position.
(c)Each newly appointed member of the board shall not assume his or her office
until thirty
(30)days after confirmation by the Senate. Members who are
reappointed shall continue to serve in their capacity until the reappointment is
confirmed by the Senate or the Senate adjourns without confirming the
appointment.
(a)The nominating committee shall meet as often as necessary to perform its
statutory responsibilities, including but not limited to the mandates
enumerated in this section, and a majority of the members shall constitute a
quorum for the transaction of business; and
(b)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. Members of the nominating
committee shall not be paid for their attendance at any meeting.