An Act Regarding Employment of Workers' Compensation Board Hearing Officers and Mediators .
Maine Legislature, Session 121, LD 0550
Committee: Labor
Sponsors: EDMONDS, SMITH, HATCH, PATRICK
Amends: 39-A MRSA §151, 39-A MRSA §152, 39-A MRSA §152-A

Legislative Document 
No. 550 
S.P.190 
In Senate, February 6, 2003 
An Act Regarding Employment of Workers' Compensation Board 
Hearing Officers and Mediators 
. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
Cosponsored by Representative SMITH of Van Buren and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: HATCH of Skowhegan, HUlTON of Bowdoinham, PATRICK of Rumford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 39-A MRSA §151~ sub-§5. as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
5. Votinq requirements. 
The board may take action only by 
majority 
vote 
of 
its 
membership. 
Decisions 
regarding 
the 
employment of 
an executive director 
aBe--~ae--a~~eiB~meB~--aBe 
~e~eB~ie»-e~-aea~iB~-effiee~6 require the affirmative votes of at 
least 2 board members representing management and at least 2 
board members representing labor. 
Sec. 2. 39·A MRSA §152, sub-§3, as enacted by PL 1991, c. 885, 
Pt. A, §8 and affected by §§9 to 11, is amended to read: 
3. 
Employment of executive director. 
The 
board shall 
employ an executive director who shall conduct the day-to-day 
IS 
operations of the board in accordance with policies established 
by the board and otherwise implement board pOlicy. 
Except as 
otherwise 
provided, 
the 
executive 
director 
sha1lT--~--t:ae 
ei~ee~i9»-9~-~ae-aea~eT hire personnel as necessary to administer 
this Act, subject to the Civil Service Law, 
including hearing 
officers and mediators. The executive director is an unclassified 
employee serving at the pleasure of the board. 
Sec. 3. 39-A MRSA §152. sub-§5. as enacted by PL 1991, c. 885, 
Pt. A, §S and affected by §§9 to 11, is repealed. 
Sec. 4. 39-A MRSA §152-A is enacted to read: 
§l52-A. 
EmplQ%ment of and contracts with hearing officers and 
mediators. 
The executive director shall obtain the services of persons 
gualified 
by 
background 
and 
training 
to 
serve 
as 
hearing 
officers, who are authorized to take action and enter orders 
consistent with this Act in all cases assigned to them by the 
board, and mediators. The executive director has discretion to 
obtain, on behalf of the board, the services of hearing officers 
and mediators by either of the 2 following methods: 
1. 
Contract. 
The executive director, 
on behalf of the 
board, 
may contract for the services of hearing officers and 
mediators, in which case they must be paid reasonable per diem 
fees 
for their services plus 
reimbursement of their actual, 
necessary and reasonable expenses incurred in the performance of 
their duties, consistent with policies established by the board; 
QI 
2. 
Employ. 
The executive director, on behalf of the board, 
may employ hearing officers and mediators who are unclassified 
employees subject to the Civil Service Law. 
They are entitled to 
receive reimbursement of their actual, necessary and reasonable 
expenses incurred in the performance of their duties, consistent 
with policies established by the board. 
SUMMARY 
This 
bill 
transfers 
the 
authority 
to 
hire 
workers' 
compensation hearing officers and mediators 
from the 8-member 
board to the agency' s executive director, while still retaining 
the option of obtaining the services of these hearing officers 
and mediators either as agency employees or on a contractual 
basis.