4-3-1408 - Divisions Creation Office of administrator.

4-3-1408. Divisions Creation Office of administrator.

(a)  In addition to the creation of the division of the Tennessee state employment service within the department of labor and workforce development as provided in § 50-7-601, there are created within the department, the following divisions, which shall be under the supervision and charge of the commissioner of labor and workforce development, and shall be separate administrative entities for programs, personnel and budgets:

     (1)  The division of employment security;

     (2)  The division of workers' compensation; and

     (3)  The division of occupational safety and health.

(b)  (1)  The office of administrator is hereby created for each division created pursuant to subdivisions (a)(1)-(3) who shall have the general administrative authority of such division.

          (A)  Except as otherwise provided in this chapter, the administrator of the division of employment security is responsible, to the greatest extent possible, for administering, implementing and enforcing those provisions of law compiled in title 50, chapter 7, and any rules or regulations promulgated in accordance with such chapter that are within the purview of employment security, but not including WOTC alien certification, veterans programs and the Tennessee state employment service. The administrator shall have a minimum of five (5) years' credible experience in the field of employment security. Such person shall have a comprehensive knowledge of and experience in the operation and programs of such division, and be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning employment security.

          (B)  The administrator of the division of workers' compensation is responsible for administering, implementing and enforcing all of the provisions enacted into law and compiled in title 50, chapter 6, and any rules or regulations promulgated in accordance with such chapter. The administrator shall have a minimum of five (5) years' credible experience in the field of workers' compensation. Such person shall have a comprehensive knowledge of and experience in the operation and programs of such division, and be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning workers' compensation.

          (C)  The administrator of the division of occupational safety and health shall be responsible for administering, implementing and enforcing all of the provisions enacted into law and compiled in title 50, chapter 3, and any rules or regulations promulgated in accordance with such chapter. The administrator shall have a minimum of five (5) years' credible experience in the field of occupational safety and health. Such person shall have a comprehensive knowledge of and experience in the operation and programs of such division and be recognized by the representatives of the business and labor communities as a person of good standing and reputation in matters concerning occupational safety and health.

     (2)  In addition to other duties, each administrator is responsible for preparing and submitting to the commissioner of labor and workforce development an annual budget for the division such administrator heads.

     (3)  Each administrator shall be appointed by the commissioner of labor and workforce development for a four-year term. The first appointment shall be made July 1, 1999, or as soon as practical thereafter. The first four-year term shall begin on July 1, 1999, and end on June 30, 2003; additional four-year terms shall begin on July 1 and end on June 30 of appropriate years. The commissioner of labor and workforce development has the authority to remove an administrator only for non-performance of duties and responsibilities. If removed, a vacancy shall exist in the office of the administrator so removed. A vacancy in such office shall be filled for the unexpired term with a person meeting the requirements applicable to the original appointee.

(c)  The transfer of the functions and activities of the various departments and or programs to the department of labor and workforce development shall not, because of the transfer, result in any career service state employee suffering loss of employment, compensation, benefits or civil service status. Such rights, benefits and compensation shall continue without any impairment, interruption or dimunition; provided, that the department may engage in disciplinary actions or reductions in force as provided for in law. The commissioner of personnel is authorized to enforce this section and shall determine that the rights, benefits and compensation are not impaired, interrupted or diminished. Also, any employee aggrieved by any impairment in violation of this section shall have the right to seek redress through the grievance procedure established in § 8-30-328.

[Acts 1999, ch. 520, § 9.]