KRS § 342.213 — KY Code / Title XXVII / Chapter 342 / Section 342.213
342.213 Workers' Compensation Nominating Committee -- Membership -- Duties with respect to appointments
Status: in_force

342.213 Workers' Compensation Nominating Committee -- Membership -- Duties

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 (5)

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 (2)

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 (4)

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 (2)

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 (150)

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.

(5) (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.

(7) (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.

(8) (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.