SB 784 - This act modifies provisions regulating the terms of office, performance reviews, and salaries of administrative law judges.TERMS
Under this act, all administrative law judges (ALJs) will be divided into three groups as follows:
· Tier 1 ALJs - The 13 longest-tenured judges, in terms of months, shall serve a 2 year term;
· Tier 2 ALJs - The next 13 longest-tenured judges shall serve a 4 year term; and
· Tier 3 ALJs - The remaining judges shall serve a 4 year term.
All ALJs shall serve a 4 year term after the initial term, unless otherwise removed as provided in the act.
REMOVAL FROM OFFICE
The act allows any ALJ to be removed from office prior to the end of his or her term by the director of the Division of Workers' Compensation for gross inefficiency, incapacity, neglect of duties, malfeasance, misfeasence, or nonfeasance in office;
incompetence; or for any offense involving moral turpitude or oppression in office.
PERFORMANCE REVIEWS
Under current law, the Administrative Law Judge Review Committee must conduct a performance audit of all ALJs every two years. This act requires reviews, rather than audits, and requires such review to be completed by November 30 in every odd-numbered year. Furthermore, such results shall be sent to the Governor and the director of the Division of Workers' Compensation not later than 3 days following the review. The criteria that is used for the reviews shall be made available to the ALJs.
ADMINISTRATIVE LAW JUDGE REVIEW COMMITTEE
The act modifies the membership of the Administrative Law Judge Review Committee. Currently, the Governor is required to appoint one member to the committee selected from the Commission on Retirement, Removal, and Discipline of Judges, which member shall serve as an ex officio, non-voting member. This act repeals that provision and permits the Governor to appoint any member he or she chooses.
Furthermore, the act stipulates that the deliberations of the 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 under the Sunshine Law. For all meetings of the committee, a quorum is established when a simple majority of the committee members are present.
SALARIES OF ALJS AND DIVISION EMPLOYEES
The act provides that all salaries of employees, including ALJs, shall be fixed by the Division of Workers' Compensation, subject to appropriation. The act furthermore repeals the position of Chief Legal Counsel.
This act is identical to SB 581 (2021) and similar to HB 343 (2021), SB 752 (2020), HB 1888 (2020), SB 248 (2019), and HB 248 (2019).
SCOTT SVAGERA