§1310.1. Workers' compensation judges; creation; tenure; qualification; presiding
officer; rules and regulations; hearings; assistant secretary
A. There is hereby created workers' compensation judge positions comprised
of at least ten judges within the office of workers' compensation administration.
B. A workers' compensation judge, or ad hoc officer presiding over a
workers' compensation adjudicatory hearing, shall have been licensed and actively
engaged in the practice of the law in the state for not less than five years, and
following employment as a workers' compensation judge shall not practice workers'
compensation law while so employed. Any temporary ad hoc officers appointed or
designated by the commission to preside over a workers' compensation adjudicatory
hearing shall meet the same eligibility requirements and shall comply with the same
provisions of civil service for appointment, retention, or reappointment as are
required for workers' compensation judges authorized under this Section.
C. The assistant secretary shall have the authority to adopt reasonable rules
and regulations, including the rules of procedure before the workers' compensation
judges, according to the procedures established by the Administrative Procedure Act.
All rules and regulations, properly approved and promulgated under the
Administrative Procedure Act, shall be consistent with the Workers' Compensation
Law and shall be binding in the administration of that law.
D. A workers' compensation judge shall be appointed by the assistant
secretary of the office of worker's compensation in accordance with all
applicable civil service laws, rules, and regulations for a five-year term. He
shall be subject to removal by the secretary during his term of employment for
cause. A workers' compensation judge may be appointed for additional terms of five
years but must reapply in the same manner as new applicants.
Acts 1983, 1st Ex. Sess., No. 1, §1, eff. July 1, 1983; Acts 1985, No. 926, §1,
eff. Jan. 1, 1986; Acts 1988, No. 938, §1, eff. July 1, 1989; Acts 1989, No. 23, §1,
eff. June 15, 1989; Acts 1989, No. 43, §1, eff. Jan. 1, 1990; Acts 1989, No. 260, §1,
eff. Jan. 1, 1990; Acts 1991, No. 849, §1; Acts 1991, No. 892, §1; Acts 1995, No.
348, §1, eff. June 16, 1995; Acts 1997, No. 88, §1, eff. June 11, 1997; Acts 1999,
No. 78, §1; Acts 2001, No. 1014, §1, eff. June 27, 2001.
{{NOTE: ACTS 1991, NO. 849, §2 PROVIDED THAT R.S.
23:1310.1(D) SHALL NOT BE APPLICABLE TO ANY
ADMINISTRATIVE HEARING OFFICER APPOINTED PRIOR
TO SEPTEMBER 6, 1991.}}