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Arkansas Code Title 11. Labor and Industrial Relations § 11-9-205. Administration of provisions

Current as of March 28, 2024 | Updated by Findlaw Staff

(a)(1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized:

(A) To make such rules as may be found necessary;

(B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of 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) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) 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 rulemaking 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 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 chapter shall be allowed and paid from the Workers' Compensation Fund upon 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, rate experts, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this chapter, provided that the appointment of all rate experts shall be made by the Secretary of the Department of Labor and Licensing, whose duty it is to approve the rates charged.

(2) Rate experts shall be considered employees of the commission and the Department of Labor and Licensing and shall be paid from the Workers' Compensation Fund.

(3) Employees appointed pursuant to this subsection shall receive an annual salary to be fixed by the commission within the appropriation made therefor.

(c) 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 orders, decisions, and determinations as may be required by any rule or order of the commission.

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Cite this article: FindLaw.com - Arkansas Code Title 11. Labor and Industrial Relations § 11-9-205. Administration of provisions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-11-labor-and-industrial-relations/ar-code-sect-11-9-205/

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