KRS 342.230: Employees of the Department of Workers' Claims -- Duties of

commissioner -- Appointment, qualifications, terms, and duties of

administrative law judges -- Exemption of administrative law judges from

classified service -- Removal provisions -- Vacancies -- Chief administrative

law judge.

(1) The commissioner shall establish and fill any positions, including medical services

and advice, necessary to carry on the department's work subject to the limits of

appropriations for the department and except as otherwise required by law. All

employees of the department shall be classified employees under KRS Chapter

18A, except for the commissioner, the administrative law judges, and board

members. The commissioner shall have immediate supervision of t he employees of

the department, perform duties assigned to him or her, and have complete authority

to carry out all the administrative functions relating to the department.

(2) The commissioner with the assistance of the board shall train and instruct the

administrative law judges on an ongoing basis; assign cases; and monitor the

caseloads of the administrative law judges and the Workers' Compensation Board to

ensure timely disposition of cases; keep and be the custodian of the records of the

board and the administrative law judges; annually report the activities of the board

and the administrative law judges to the Governor; and devote his or her full time to

the duties of his or her office. The commissioner shall be paid a salary not less than

the salary of a member of the board.

(3) The Governor shall appoint, with the consent of the Senate in accordance with KRS

11.160 for a term of four (4) years, not more than nineteen (19) administrative law

judges, each of whom shall be an attorney and shall have fiv e (5) years' experience

in the Commonwealth in the practice of workers' compensation law or a related

field, and extensive knowledge of workers' compensation law, and shall be paid the

same salary as a Circuit Judge. Each newly appointed administrative law judge

shall not assume his or her office until June 1 following confirmation by the Senate.

Administrative law judges who are reappointed shall continue to serve in their

capacity until the reappointment is confirmed by the Senate or the Senate adjourns

without confirming the appointment. Each administrative law judge shall be exempt

from the classified service, and his or her support staff may be exempt from the

classified service. Each administrative law judge may be employed for additional

terms with th e consent of the Senate in accordance with KRS 11.160. The

Governor, at least thirty (30) days prior to the expiration of a term of an

administrative law judge, shall provide the name of the individual whom he or she

intends to appoint to the position to the chairman of the Senate Standing Committee

on Economic Development, Tourism, and Labor. These administrative law judges

shall conduct hearings, and otherwise supervise the presentation of evidence and

perform any other duties assigned to them by statute and shall render final

decisions, orders, or awards. Administrative law judges may, in receiving evidence,

make rulings affecting the competency, relevancy, and materiality of the evidence

about to be presented and upon motions presented during the taking of evidence as

will expedite the preparation of the case.

(4) To ensure that the administrative law judges perform their responsibilities

competently and issue decisions consistent with this chapter, the commissioner

shall, at least twice annually, conduct training and education seminars in workers'

compensation law; administrative law; and methods and procedures for writing

well-reasoned, clear, correct, and concise opinions, orders, or awards.

(5) The Governor may at any time remove the commissioner or an y member of the

board. The commissioner may remove any administrative law judge. A member of

the board or an administrative law judge may be removed for good cause, including

violation of the code of judicial ethics or the code of ethics applicable to the

executive branch of the Commonwealth. In addition, an administrative law judge or

a member of the board may be removed for the persistent or repeated failure to

perform satisfactorily the specific duties assigned in this chapter, including the

requirement of timely disposition of cases, review of attorney's fees, and failure to

attend training and continuing education programs required by this section.

(6) Any vacancy in the term of an administrative law judge, which occurs prior to the

expiration of the te rm, shall be filled if necessary by appointment of the Governor

in accordance with subsection (3) of this section within sixty (60) days from the

date the vacancy occurs, with the consent of the Senate in accordance with KRS

11.160, for the remainder of th e term. An administrative law judge appointed to fill

an unexpired term shall immediately assume the office subject to the confirmation

by the Senate in accordance with KRS 11.160 for the remainder of the term.

(7) Any administrative law judge not currentl y pending confirmation by the Senate

with a term expiring on or before:

(a) December 1, 2025, shall continue serving a term that shall expire on June 1,

2026;

(b) December 1, 2026, shall continue serving a term that shall expire on June 1,

2027;

(c) December 1, 2027, shall continue serving a term that shall expire on June 1,

2028; or

(d) December 1, 2028, shall continue serving a term that shall expire on June 1,

2029.

(8) One (1) of the administrative law judges appointed pursuant to this section shall be

appointed as a chief administrative law judge, to have the same qualifications,

powers, duties, and requirements as those of other administrative law judges. The

chief adm inistrative law judge shall not be assigned regular dockets but shall

instead assist the commissioner by doing all scheduling of the administrative law

judges, handling dockets assigned to the administrative law judges in case of an

emergency, providing su pervision of the administrative law judges, and providing

educational opportunities for the administrative law judges. The chief

administrative law judge shall be paid at the same rate as the administrative law

judges plus an additional three thousand doll ars ($3,000) per year. At any time the

commissioner may replace the chief administrative law judge with one (1) of the

other administrative law judges at which time the former chief administrative law

judge shall resume the duties assigned to the other adm inistrative law judges

pursuant to this chapter. On January 1, 1998, the commissioner shall employ a

person in this position for a four (4) year term.