44-551. Assistant directors, administrative law judges and special local administrative law judges; application, qualifications, appointment, term; nominating and review committee; judges' powers
44-551
44-551. Assistant directors, administrative lawjudges and speciallocal administrative law judges; application, qualifications, appointment,term; nominating and review committee; judges' powers and duties, compensation,fees andexpenses; review of findings and awards by board; delayed order on boardreview, effect; payment of medical compensation pending review.(a) The duties of the assistant directors of workers compensationmay includebut not be limited to acting in the capacity of an administrative law judge.
(b) Each administrative law judge shall be an attorneyregularly admitted to practice law in Kansas. Suchattorney shall have at least five years of experience asan attorney, with at least one year of experiencepracticing law in the area of workers compensation.
(c) Except as provided in subsection (g), theannual salary of each administrative law judgeshall be an amount equal to 75% of the annual salary paidby the state to a district judge, other than adistrict judge designated as a chief judge.Administrative law judges shall devote full time to theduties of such office and shall not engage in the privatepractice of law during their term of office. Noadministrative law judge may receive additionalcompensation for official services performed by theadministrative law judge. Each administrative law judgeshall be reimbursed for expenses incurred in theperformance of such official duties under the samecircumstances and to the same extent asdistrict judges are reimbursed for such expenses.
(d) Applications for administrative law judge positionsshall be submitted to the director of workerscompensation. The director shall determine if anapplicant meets the qualifications for an administrativelaw judge as prescribed in subsection (b). Qualifiedapplicants for a position of administrative law judgeshall be submitted by the director to the workerscompensation administrative law judge nominating andreview committee for consideration.
(e) There is hereby established the workers compensationadministrative law judge nominating and review committeewhich shall be composed of two members appointed asfollows: The Kansas AFL-CIO and the Kansas chamber ofcommerce and industry shall each select onerepresentative to serve on the workers compensationadministrative law judge nominating and review committeeand shall each give written notice of such selection tothe secretary who shall appoint such selected persons tothe committee. In the event of a vacancy occurring forany reason on theworkers compensation administrative law judge nominating and reviewcommittee, the vacatingmember shall be replaced by the organization whichoriginally selected such member with written noticeprovided to the secretary within 30 days of such vacancy.
(f) (1) Upon being notified of any vacancy in the position ofadministrative law judge, the administrativelaw judge nominating and review committee shall considerall qualified applicants submitted by the director forthe vacant position of administrative law judge andnominate a person qualified therefor. The administrativelaw judge nominating and review committee shall berequired to reach unanimous agreement on any nominationto the position of administrative law judge.With respect to each person nominated, the secretary either shall accept andappoint the person nominated by theadministrative law judge nominating and review committeeto the position of administrative law judge for which thenomination was madeor shall reject the nomination and request the administrative law judgenominating and review committee to nominate another person for that position.Upon receipt of any such request for the nomination of another person, theadministrative law judge nominating and review committee shall nominate anotherperson for that position in the same manner.
(2) Each administrative law judge shall hold office for aterm of four years and may be reappointed. Eachadministrative law judge shall continue to serve for theterm of the appointment or until a successor isappointed. Successors to such administrative law judgepositions shall be appointed for terms of four years.
(3) If a vacancy should occur in the position of anadministrative law judge during the term of anadministrative law judge, the administrative law judgenominating and review committee shall nominate anindividual from the qualified applicants submitted by thedirector to complete the remainder of the unexpiredportion of the term.
(g) Except as otherwise provided in this subsection, administrativelaw judges appointed on and after July1, 2006, shall serve a term of office of four years.Administrative law judges hired before July 1, 2006, maycontinue as administrative law judges under theclassified service under the Kansas civil service actat the salary provided under the civil service actormay elect to be appointed to a term and receivethe annual salary equal to 75% of the salary prescribedfor a district judge if the currently employedadministrative law judge within 60 days of the effectivedate of this section notifies the director in writingthat the administrative law judge elects to serve anappointed term of office rather than continuing in theclassified service. The term of office for anadministrative law judge who elects a term of officeshall begin on the date the written election is receivedby the directorand the first term of office for such person shall be for two, three or fouryears as specified by the secretary so that administrative law judges appointedunder this subsection serve staggered terms. Thereafter, any such person ifreappointed as an administrative law judge shall be appointed for a term offour years.
(h) Following the completion of a term, anadministrative law judge who wishes to be considered forreappointment to such judge's position shall be deemed tohave met the qualification requirements for appointment as administrative lawjudge and shall be considered forrenomination by the workers compensation administrativelaw judge nominating and review committee.
(i) (1) Administrative law judges shall have power toadminister oaths,certify official acts, take depositions, issue subpoenas, compel theattendance of witnesses and the production of books, accounts,papers,documents and records to the same extent as is conferred on the districtcourts of this state,and may conduct an investigation,inquiry orhearingon all matters before the administrative law judges.All final orders, awards,modifications ofawards, or preliminary awards under K.S.A. 44-534a and amendments theretomade by anadministrative law judge shall be subject to review by the board upon writtenrequest of any interestedparty within 10days.Intermediate Saturdays, Sundays and legal holidays shall be excluded in thetime computation.Review by the board shall be a prerequisite to judicial review asprovided for in K.S.A.44-556 and amendments thereto.On any such review, the board shall have authority to grant or refusecompensation, or to increase or diminish any award of compensation or to remandany matter to the administrative law judge for further proceedings. Theorders of the board under this subsection shall be issued within 30 days fromthe date arguments were presented by the parties.
(2) (A) If an administrative law judge has entered a preliminary awardunder K.S.A. 44-534a and amendments thereto, a review by theboard shall notbe conducted under this section unless it is alleged that the administrativelaw judge exceeded the administrative law judge's jurisdiction in granting ordenying the relief requested at the preliminary hearing. Such an appeal froma preliminary award may be heard and decided by a single member of the board.Members of the board shall hear such preliminary appeals on a rotating basisand the individual board member who decides the appeal shall sign each suchdecision. The orders of the board under this subsectionshall be issuedwithin 30 days from the date arguments were presented by the parties.
(B) If an order on review is not issued by the board within theapplicable time period prescribed by subsection (i) (1),medicalcompensationand any disability compensation as provided in the award of the administrativelaw judge shall be paid commencing with the first day after such time periodand shall continue to be paid until the order of the boardis issued, except thatno payments shall be made under this provision for any period before the firstday after such time period. Nothing in this section shall be construed to limitor restrict any other remedies available to any party to a claim under anyother statute.
(C) In any case in which the final award of an administrative lawjudge is appealed to the board for review under this sectionand inwhich the compensability is not an issue to be decided on review by the board,medical compensation shall be payable in accordancewith theaward of the administrative law judge and shall not be stayed pending suchreview. The employee may proceed under K.S.A. 44-510k andamendments thereto and may have a hearing in accordance with that statute toenforcethe provisions of this subsection.
(j) Each assistant director and each administrative lawjudge orspecial administrative law judge shall be allowed all reasonable andnecessary expenses actually incurred while in the actual discharge ofofficial duties in administering the workers compensation act, butsuch expenses shall be sworn to by the person incurring the same and beapproved by the secretary.
(k) In case of emergency the director may appoint speciallocaladministrative law judges and assign to them the examination and hearingof any designated case or cases. Such special local administrative lawjudges shall be attorneys and admitted to practice law in the state ofKansas and shall, as to all cases assigned to them, exercise the samepowers as provided by this section for the regular administrative law judges.Special local administrative law judges shall receive a fee commensurate withthe services rendered as fixed by rules and regulations adopted by thedirector. The fees prescribed by this section prior to the effective date ofthis act shall be effective until different fees are fixed by such rules andregulations.
(l) All special local administrative law judge's fees andexpenses, withthe exception of settlement hearings, shall be paid from the workerscompensation administration fee fund, as provided in K.S.A. 74-712 andamendments thereto. Where there are no available funds or where the speciallocal administrative law judge conducted a settlement hearing, the feesshall betaxed as costs in each case heard by such special localadministrative law judgeand when collected shall be paid directly to such special local administrativelaw judge by the party charged with the payment of the same.
(m) Except as provided for judicial review under K.S.A.44-556 andamendments thereto, the decisions and awards of the board shall be final.
History: L. 1927, ch. 232, § 36; L. 1953, ch. 245, § 1; L.1955, ch. 250, § 9; L. 1957, ch. 293, § 6; L. 1961, ch. 243, § 3; L.1967, ch. 280, § 11; L. 1969, ch. 246, § 3; L. 1971, ch. 179, § 1; L.1976, ch. 225, § 1; L. 1976, ch. 370, § 21; L. 1980, ch. 146, §11; L. 1983, ch. 168, § 2; L. 1986, ch. 318, § 55; L. 1990, ch. 183, §8;Revived and amend., L. 1995, ch. 1, § 2;L. 1996, ch. 79, § 12;L. 1997, ch. 125, § 12;L. 2001, ch. 121, § 4;L. 2006, ch. 109, § 1; July 1.