LD 658
pg. 3
Page 2 of 4 An Act To Improve the Operation of the Workers' Compensation Board Page 4 of 4
Download Bill Text
LR 1484
Item 1

 
Sec. 5. 39-A MRSA §152, sub-§§5 and 6, as enacted by PL 1991, c. 885, Pt.
A, §8 and affected by §§9 to 11, are repealed.

 
Sec. 6. 39-A MRSA §152-A is enacted to read:

 
§152-A.__Duties of executive director

 
1.__Preparation of budget.__Subject to review and approval
by the board, the executive director shall submit the biennial
budget in accordance with Title 5, sections 1665 and 1666 and
shall submit the annual budget in accordance with Title 5,
section 1667.

 
2. Hearing officers.__The executive director shall obtain
the services of persons qualified by background and training
to serve as hearing officers, who shall conduct all
adjudicatory hearings arising under section 315, all
proceedings ancillary to such hearings except as otherwise
provided in this Title and any other adjudicatory proceedings
of the board as assigned at the discretion of the executive
director.__The services of hearing officers may be obtained by
either of the following methods:

 
A.__The executive director may contract for the services
of hearing officers.__If the executive director contracts
directly with individual hearing officers, they must be
paid reasonable per diem fees for their services plus
reimbursement of their actual, necessary and reasonable
expenses incurred in the performance of their duties,
consistent with policies established by the board; or

 
B.__The executive director may appoint hearing officers to
serve for 5-year terms.__Hearing officers appointed
pursuant to this paragraph are not subject to the Civil
Service Law, are subject to removal by the executive
director for good cause shown and may be appointed for
additional 5-year terms at the pleasure of the executive
director.

 
Sec. 7. 39-A MRSA §154, sub-§2, as enacted by PL 1991, c. 885, Pt.
A, §8 and affected by §§9 to 11, is amended to read:

 
2. Expenditures. Expenditures Except as provided in
subsection 2-A, expenditures from the Workers' Compensation
Board Administrative Fund are subject to legislative approval
and allocation in the same manner as appropriations are made
from the General Fund. The joint standing committee of the
Legislature having jurisdiction over appropriations and
financial affairs shall approve the allocation.

 
Sec. 8. 39-A MRSA §154, sub-§2-A is enacted to read:


Page 2 of 4 Top of Page Page 4 of 4