23-422. Review board
A. A review board shall be established to hear and rule on appeals of
administrative law judge decisions generated in this article. The board shall consist of
five members appointed by the governor. The occupational safety and health advisory
committee shall submit to the governor a list of names of persons to be considered for
appointment to the board who by reason of training, education or experience are qualified
to carry out the powers and duties of the board. One member shall be a representative of
management, one member shall be a representative of labor and three members shall be
representatives of the general public. The board shall elect a chairman from its
membership.
B. Members of the review board shall be appointed to five-year terms, except that
of the members first appointed, one each shall serve for a term of one, two, three, four
and five years. A vacancy occurring on the board other than by expiration of a term
shall be filled in the manner original appointments were made, for the unexpired portion
of the term. Members of the board may be removed by the governor for inefficiency,
neglect of duty, malfeasance or nonfeasance in office. The review board shall meet as
often as necessary to hold review hearings as provided in section 23-423, at such times
and places as the chairman may determine. One member from management, one member from
labor and one member from the general public shall be present in order to conduct review
hearings or other business. All decisions of the board shall be determined by a majority
decision.
C. The review board shall employ a staff necessary for the efficient administration
of the board's activities. All such personnel of the review board shall be under the
supervision of the chairman of the review board. Such employees shall be paid from the
general fund, subject to legislative appropriation.
D. Board members shall receive compensation pursuant to section 38-611 which shall
be paid from the general fund, subject to legislative appropriation.
E. The sums appropriated to carry out the purposes of subsections C and D of this
section shall be appropriated to the review board and shall not exceed twenty thousand
dollars per year and are exempt from the provisions of section 35-190 relating to lapsing
of appropriations. Such sums shall be kept separate and apart from any funds of the
industrial commission and shall be available only to the review board.
F. No member of the review board shall participate on a matter with which he is
personally associated. If a member disqualifies himself pursuant to this subsection or
is unable to participate for any other reason on a particular matter, the governor shall
appoint a person as a temporary member to participate in such hearing. The occupational
safety and health advisory committee shall submit to the governor a list of names of
persons to be considered for a temporary appointment. Such person shall meet the
qualifications of subsection A of this section, and shall be representative of the same
area as that of the member for whom he is serving as alternate.
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