SCS/SB 248 - This act modifies provisions of law regulating the terms of office, retention, performance audits, and salaries of administrative law judges (ALJs). TERMS AND RETENTION VOTES (Section 287.610.1-.3)
Under this act, all ALJs will be divided into three groups as follows:
• The 13 longest-tenured judges, in terms of months, shall serve a 2 year term and face a retention vote in September 2019 and every three years thereafter;
• The next 13 longest-tenured judges shall serve a 4 year term and face a retention vote in September 2022 and every three years thereafter; and
• The remaining judges shall serve a 6 year term and face a retention vote in September 2025 and every three years thereafter.
All ALJs shall serve a 6 year term, beginning October 1 in the appointing year, after the initial 2, 4, or 6 year term. Further, ALJs shall be appointed by the Director of the Division of Workers' Compensation, by and with the advice and consent of the Senate. Any ALJ may be removed from office prior to the expiration of a term for gross inefficiency, mental or physical incapacity, neglect of duties, malfeasance, misfeasance, or nonfeasance in office, incompetence, or for any offense involving moral turpitude or oppression in office.
The act additionally provides that any ALJ who has received two or more recommendations of no confidence under performance audits by the ALJ Review Committee or the Director of the Division, or any combination thereof, shall not receive a vote of retention.
PERFORMANCE AUDITS (Section 287.610.8)
Under current law, the ALJ Review Committee is required to conduct a performance audit of every ALJ every two years. This act requires the Committee to make a recommendation of confidence or no confidence for each ALJ within 30 days of completing each such audit. The results shall be sent to the Governor no later than August 1. If the Committee does not make a recommendation within the allotted time period, the Director of the Division shall make a recommendation based upon his or her own review within 30 days.
Current law provides that any judge that receives three or more votes of no confidence under two successive performance audits by the Committee may have his or her appointment immediately withdrawn. This act provides that any judge that receives two or more recommendations of no confidence under performance audits by the Committee or the Director of the Division, or any combination thereof, may have his or her appointment immediately withdrawn.
ADMINISTRATIVE LAW JUDGE REVIEW COMMITTEE
(Section 287.610.8(2),(3))
The act provides that the Director of the Division of Workers' Compensation shall serve as the chairperson of the ALJ Review Committee. Furthermore, members of the ALJ Review Committee shall be eligible for reappointment, provided that upon the expiration of a term, that position shall remain vacant until a new appointment is made.
All deliberations of the ALJ Review Committee shall be in closed session and the contents of performance audits, except for the final recommendation of confidence or no confidence, shall be considered a closed record.
SALARIES (Section 287.615)
The act provides that the salaries of all employees of the Division of Workers' Compensation, including ALJs, shall be fixed by the Division subject to appropriation.
The act further provides for the salary of a chief legal counsel in the Division's main office. Furthermore, a provision is repealed requiring appointees to be selected in equal numbers from the two major political parties.
This act is similar to HCS/HBs 248 & 262 (2019) and provisions in HCS/SB 71 (2019).
SCOTT SVAGERA