34A-2-107 - Appointment of workers' compensation advisory council -- Composition -- Terms of members -- Duties -- Compensation.
34A-2-107. Appointment of workers' compensation advisory council --Composition -- Terms of members -- Duties -- Compensation.
(1) The commissioner shall appoint a workers' compensation advisory council composedof:
(a) the following voting members:
(i) five employer representatives; and
(ii) five employee representatives; and
(b) the following nonvoting members:
(i) a representative of the Workers' Compensation Fund;
(ii) a representative of a private insurance carrier;
(iii) a representative of health care providers;
(iv) the Utah insurance commissioner or the insurance commissioner's designee; and
(v) the commissioner or the commissioner's designee.
(2) Employers and employees shall consider nominating members of groups whohistorically may have been excluded from the council, such as women, minorities, andindividuals with disabilities.
(3) (a) Except as required by Subsection (3)(b), as terms of current council membersexpire, the commissioner shall appoint each new member or reappointed member to a two-yearterm beginning July 1 and ending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at thetime of appointment or reappointment, adjust the length of terms to ensure that the terms ofcouncil members are staggered so that approximately half of the council is appointed every twoyears.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shallbe appointed for the unexpired term.
(b) The commissioner shall terminate the term of a council member who ceases to berepresentative as designated by the member's original appointment.
(5) (a) The council shall confer at least quarterly for the purpose of advising thecommission, the division, and the Legislature on:
(i) the Utah workers' compensation and occupational disease laws;
(ii) the administration of the laws described in Subsection (5)(a)(i);
(iii) rules related to the laws described in Subsection (5)(a)(i); and
(iv) advising the Legislature in accordance with Subsection (5)(b).
(b) (i) The council and the commission shall jointly study during 2009 the premiumassessment under Section 59-9-101 on an admitted insurer writing workers' compensationinsurance in this state and on a self-insured employer under Section 34A-2-202 as to:
(A) whether or not the premium assessment should be changed; or
(B) whether or not changes should be made to how the premium assessment is used.
(ii) The council and commission shall jointly report the results of the study described inthis Subsection (5)(b) to the Business and Labor Interim Committee by no later than the 2009November interim meeting.
(6) Regarding workers' compensation, rehabilitation, and reemployment of employeeswho are disabled because of an industrial injury or occupational disease the council shall:
(a) offer advice on issues requested by:
(i) the commission;
(ii) the division; and
(iii) the Legislature; and
(b) make recommendations to:
(i) the commission; and
(ii) the division.
(7) The commissioner or the commissioner's designee shall serve as the chair of thecouncil and call the necessary meetings.
(8) The commission shall provide staff support to the council.
(9) A member may not receive compensation or benefits for the member's service, butmay receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and63A-3-107.
Amended by Chapter 286, 2010 General Session