2009 Michigan Laws 418.213 – Worker’s compensation board of magistrates; establishment; appointment, qualifications, and terms of members; designation of chairperson; vacancy; reappointment; removal; powers and duties of chairperson; duties of members; term of chairperson; compensati
Sec. 213.
(1) The worker’s compensation board of magistrates is established as an autonomous entity in the department of labor. The board shall consist of 30 members appointed by the governor with the advice and consent of the senate. The governor shall designate 1 of the appointees as the member that will be chairperson. A person shall not be appointed to the board who has not been recommended by the qualifications advisory committee. All members of the board shall be members in good standing of the state bar of Michigan.
(2) The members of the board shall be appointed for terms of 4 years. A member who has served for 12 years shall not be reappointed to a new term. A vacancy caused by the expiration of a term shall be filled in the same manner as the original appointment. A member shall not serve beyond the expiration of his or her term unless the qualifications advisory committee fails to submit a recommendation to the governor before the expiration of the term. A member may be reappointed. A member appointed to fill a vacancy created other than by expiration of a term shall be appointed for the balance of the unexpired term. A member of the board may be removed by the governor for good cause which shall be explained in writing to the worker’s compensation magistrate. Good cause for removal shall include, but not be limited to, lack of productivity or other neglect of duties.
(3) The governor may designate a member of the board as the chairperson upon a vacancy occurring in that position. The chairperson of the board shall have general supervisory control of and be in charge of the employees of the board and the assignment and scheduling of the work of the board. In the case of an extended leave of absence or disability, the chairperson may select temporary magistrates to serve for not more than 6 months in any 2-year period from a list maintained by the qualifications advisory committee. The list shall be composed of persons who are attorneys licensed to practice in this state and who are former or retired worker’s disability compensation magistrates, or former or retired worker’s disability compensation hearing referees or administrative law judges. A temporary magistrate selected by the chairperson shall have the same powers and duties as an appointed magistrate under this act. The chairperson may also establish productivity standards that are to be adhered to by employees of the board, the board, and individual magistrates. Each member of the board shall devote full time to the functions of the board. Each member of the board shall personally perform the duties of the office during the hours generally worked by officers and employees of the executive departments of the state.
(4) The chairperson of the board shall serve as chairperson at the pleasure of the governor.
(5) Each member of the board shall receive an annual salary and shall be entitled to necessary traveling expenses incurred in the performance of official duties subject to the standardized travel regulations of the state.
(6) The board may employ the staff it considers necessary to be able to perform its duties under this act which may include legal assistants for the purpose of legal research and otherwise assisting the board and individual members of the board.
(7) The board is an independent body with the powers and duties as provided for under this act. The board may promulgate rules on administrative hearing procedures for purposes under this act.
(8) The chairperson of the board may assign and reassign worker’s compensation magistrates to hear cases at locations in this state.
(9) The department of labor shall provide suitable office space for the board of worker’s compensation magistrates and the employees of the board.
History: Add. 1985, Act 103, Imd. Eff. July 30, 1985 ;– Am. 1994, Act 271, Imd. Eff. July 11, 1994
Constitutionality: Amendment of the workers’ compensation act to abolish the civil service position of hearing referee and establish a Board of Magistrates in its place outside the civil service system to hear and adjudicate workers’ compensation claims did not violate the civil service provision of the constitution. Civil Service Commission v Department of Labor, 424 Mich 571; 384 NW2d 728 (1986).
Compiler’s Notes: Section 4 of Act 103 of 1985 provides:Section 4. (1)It is the manifest intent of the legislature that if section 213 of this amendatory act is found to be invalid by the state supreme court, the amendments made by this amendatory act to the following sections shall also be invalid and are not severable from section 213:(a) Section 222.(b) Section 274.(c) Section 858.(d) Section 801.(e) Section 835(1).(f) Section 161(1)(d) and (4).(g) Section 171(3) and (4).(h) Section 119.(i) Section 354(1)(f).(j) Section 335.(k) Sections 921, 925, and 935.(l) Section 315(1).(m) Section 361(1).(n) Section 852.(o) Section 641.(p) Section 385.(q) Section 851.(r) Section 861a(3).(s) Section 862(2).(t) Section 151(1)(b).(u) Section 206.(v) Section 266.(w) Section 251(3).(x) Section 255(3).(y) Section 261(5).(z) Section 265(4).(aa) Section 851a(2).(bb) Section 859(2).(cc) Section 381(3).(dd) Section 859a.(ee) Section 860.(2) It is the manifest intent of the legislature that if section 213 or any other section of this amendatory act is found to be invalid by the state supreme court, the amendments made by this amendatory act to the following sections shall be valid and are severable from the invalid section or sections:(a) Section 251(1) and (2).(b) Section 847.(c) Section 223.(d) Section 864.(e) Section 205.(f) Section 835(5).(g) Section 835a.(h) Section 315(2) to (9).(i) Section 301.(j) Section 401.(k) Section 841.(l) Section 54(16).(m) Section 261(1) to (4).”For creation of bureau of worker’s and unemployment compensation within department of consumer and industry services; transfer of powers and duties of bureau of worker’s compensation and unemployment agency to bureau of worker’s and unemployment compensation; transfer of powers and duties of director of bureau of worker’s compensation and director of unemployment agency to director of bureau of worker’s and unemployment compensation; and, transfer of powers and duties of wage and hour division of worker’s compensation board of magistrates to bureau of worker’s and unemployment compensation, see E.R.O. No. 2002-1, compiled at MCL 445.2004 of the Michigan Compiled Laws.
Popular Name: Act 317