§ 85A-22. Administration of act - Additional powers and duties.

A.  1.  For the purpose of administering the provisions of this act, the Workers' Compensation Commission is authorized:

a.to make rules necessary for the administration and operation of the Commission,

b.to appoint and fix the compensation of temporary technical assistants, medical and legal advisers, clerical assistants and other officers and employees, and

c.to make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary.

2.a.              Before the adoption, prescription, amendment, modification, or repeal of any rule, regulation, or form, the Commission shall give at least thirty (30) days' notice of its intended action.

b.The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon.

c.The notice shall be mailed to any person specified by law or who shall have requested advance notice of rule-making proceedings.

3.  The Commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the Commission in its discretion shall so direct, oral testimony or argument.

4.  Each rule, regulation, or form adopted by the Commission shall be effective twenty (20) days after adoption unless a later date is specified by law or in the rule itself.

5.  All expenditures of the Commission in the administration of this act shall be allowed and paid from the Workers' Compensation Fund on the presentation of itemized vouchers approved by the Commission.

B.  1.  The Commission may appoint as many persons as may be necessary to be administrative law judges and in addition may appoint such examiners, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this act.

2.  Employees appointed under this subsection shall receive an annual salary to be fixed by the Commission.

C.  Additionally, the Commission shall have the following powers and duties:

1.  To hear and approve compromise settlements;

2.  To review and approve own-risk applications and group self-insurance association applications;

3.  To monitor own-risk, self-insurer and group self-insurance programs, in accordance with the rules of the Commission;

4.  To contract with an appropriate state governmental entity, insurance carrier or approved service organization to process, investigate and pay valid claims against an impaired self-insurer which fails, due to insolvency or otherwise, to pay its workers’ compensation obligations, charges for which shall be paid from the proceeds of security posted with the Commission as provided in Section 38 of this act;

5.  To establish a toll-free telephone number in order to provide information and answer questions about the Commission;

6.  To hear and determine claims concerning disputed medical bills;

7.  To promulgate necessary rules for administering this act and develop uniform forms and procedures for use by administrative law judges.  Such rules shall be reviewable by the Legislature;

8.  To invest funds on behalf of the Multiple Injury Trust Fund;

9.  To appoint a Commission Mediator to conduct informal sessions to attempt to resolve assigned disputes; and

10.  Such other duties and responsibilities authorized by law.

D.  It shall be the duty of an administrative law judge, under the rules adopted by the Commission, to hear and determine claims for compensation and to conduct hearings and investigations and to make such judgments, decisions, and determinations as may be required by any rule or judgment of the Commission.

Added by Laws 2013, c. 208, § 22.