287.610. Additional administrative law judges, appointment and qualification, limit on number--annual evaluations--performance audit standards, review committee, retention vote--jurisdiction, powers-- - Missouri Statutes

Additional administrative law judges, appointment and qualification,limit on number--annual evaluations--performance audit standards,review committee, retention vote--jurisdiction, powers--continuingtraining required--performance audits required--rules.

287.610. 1. After August 28, 2005, the division may appointadditional administrative law judges for a maximum of forty authorizedadministrative law judges. Appropriations shall be based upon necessity,measured by the requirements and needs of each division office.Administrative law judges shall be duly licensed lawyers under the laws ofthis state. Administrative law judges shall not practice law or do lawbusiness and shall devote their whole time to the duties of their office.The director of the division of workers' compensation shall publish andmaintain on the division's web site the appointment dates or initial datesof service for all administrative law judges.

2. The division director, as a member of the administrative law judgereview committee, hereafter referred to as "the committee", shall perform,in conjunction with the committee, a performance audit of alladministrative law judges by August 28, 2006. The division director, inconjunction with the committee, shall establish the written performanceaudit standards on or before October 1, 2005.

3. The thirteen administrative law judges with the most years ofservice shall be subject to a retention vote on August 28, 2008. The nextthirteen administrative law judges with the most years of service indescending order shall be subject to a retention vote on August 28, 2012.Administrative law judges appointed and not previously referenced in thissubsection shall be subject to a retention vote on August 28, 2016.Subsequent retention votes shall be held every twelve years. Anyadministrative law judge who has received two or more votes of noconfidence under performance audits by the committee shall not receive avote of retention.

4. The administrative law judge review committee members shall nothave any direct or indirect employment or financial connection with aworkers' compensation insurance company, claims adjustment company, healthcare provider nor be a practicing workers' compensation attorney. Allmembers of the committee shall have a working knowledge of workers'compensation.

5. The committee shall within thirty days of completing eachperformance audit make a recommendation of confidence or no confidence foreach administrative law judge.

6. The administrative law judges appointed by the division shall onlyhave jurisdiction to hear and determine claims upon original hearing andshall have no jurisdiction upon any review hearing, either in the way of anappeal from an original hearing or by way of reopening any prior award,except to correct a clerical error in an award or settlement if thecorrection is made by the administrative law judge within twenty days ofthe original award or settlement. The labor and industrial relationscommission may remand any decision of an administrative law judge for amore complete finding of facts. The commission may also correct a clericalerror in awards or settlements within thirty days of its final award. Withrespect to original hearings, the administrative law judges shall have suchjurisdiction and powers as are vested in the division of workers'compensation under other sections of this chapter, and wherever in thischapter the word "commission", "commissioners" or "division" is used inrespect to any original hearing, those terms shall mean the administrativelaw judges appointed under this section. When a hearing is necessary uponany claim, the division shall assign an administrative law judge to suchhearing. Any administrative law judge shall have power to approvecontracts of settlement, as provided by section 287.390, between theparties to any compensation claim or dispute under this chapter pendingbefore the division of workers' compensation. Any award by anadministrative law judge upon an original hearing shall have the same forceand effect, shall be enforceable in the same manner as provided elsewherein this chapter for awards by the labor and industrial relationscommission, and shall be subject to review as provided by section 287.480.

7. Any of the administrative law judges employed pursuant to thissection may be assigned on a temporary basis to the branch offices asnecessary in order to ensure the proper administration of this chapter.

8. All administrative law judges shall be required to participate in,on a continuing basis, specific training that shall pertain to thoseelements of knowledge and procedure necessary for the efficient andcompetent performance of the administrative law judges' required duties andresponsibilities. Such training requirements shall be established by thedivision subject to appropriations and shall include training in medicaldeterminations and records, mediation and legal issues pertaining toworkers' compensation adjudication. Such training may be credited towardany continuing legal education requirements.

9. (1) The director of the division, in conjunction with theadministrative law judge review committee, shall conduct a performanceaudit of all administrative law judges every two years. The audit results,stating the committee's recommendation of confidence or no confidence ofeach administrative law judge shall be sent to the governor no later thanthe first week of each legislative session immediately following suchaudit. Any administrative law judge who has received two or more votes ofno confidence under performance audits by the committee may have theirappointment immediately withdrawn.

(2) The review committee shall consist of the division director, whoshall be appointed by the governor, one member appointed by the presidentpro tem of the senate, one member appointed by the minority leader of thesenate, one member appointed by the speaker of the house ofrepresentatives, and one member appointed by the minority leader of thehouse of representatives. The governor shall appoint to the committee onemember selected from the commission on retirement, removal, and disciplineof judges. This member shall act as a member ex-officio and shall not havea vote in the committee. The division director shall serve as thechairperson of the committee, and shall serve on the committee during thetime of employment in such position. The term of service for all othermembers shall be two years. The review committee members shall all servewithout compensation. Necessary expenses for review committee members andall necessary support services to the review committee shall be provided bythe division.

10. No rule or portion of a rule promulgated pursuant to theauthority of this section shall become effective unless it has beenpromulgated pursuant to the provisions of chapter 536, RSMo.

(RSMo 1939 § 3747, A.L. 1945 p. 1996, A.L. 1951 p. 611, A.L. 1955 p. 599, A.L. 1957 p. 530, A.L. 1959 S.B. 209, H.B. 93, A.L. 1961 p. 428, A.L. 1977 S.B. 400, A.L. 1980 H.B. 1396, A.L. 1987 H.B. 564, A.L. 1992 H.B. 975, A.L. 1993 S.B. 251, A.L. 1998 H.B. 1237, et al., A.L. 2001 S.B. 267, A.L. 2005 S.B. 1 & 130)

Prior revision: 1929 § 3357