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Session Law

2004

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Chapter 324 AN ACT RELATIVE TO THE ADMINISTRATIVE JUDGES OF THE DIVISION OF INDUSTRIAL ACCIDENTS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. The first paragraph of section 4 of chapter 23E of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The initial appointment of a member shall be for a term of 6 years; subsequent reappointment of a member shall be for a term of 6 years which shall commence on the date of expiration of the initial or subsequent term. The appointment or reappointment of a member shall be made by the governor with the advice and consent of the council.

SECTION 2. Said section 4 of said chapter 23E, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, an appointed member, who has not previously served on the industrial accident board, shall be reviewed for performance by the senior judge between the 21st and the 24th month of the member's initial term. The performance review shall be subject to criteria established by the senior judge. If the performance review supports continuation of the appointed term, that member shall continue to serve the remainder of the appointed term. If the performance review recommends against a continuation of the appointed term, the performance review shall be submitted to the governor for appropriate action pursuant to section 8.

SECTION 3. The first paragraph of section 5 of said chapter 23E, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following two sentences:- The initial appointment of all members shall be for a term of 6 years; subsequent reappointments of sitting members shall be for an additional term of 6 years which shall commence on the date of expiration of the initial or subsequent term. The appointment or reappointment of members shall be made by the governor with the advice and consent of the council.

SECTION 4. Said section 5 of said chapter 23E, as so appearing, is hereby further amended by inserting after the first paragraph the following paragraph:-

Notwithstanding any general or special law to the contrary, a newly appointed member who has never previously served on the reviewing board, shall be reviewed for performance by the senior judge during his initial term between the twenty-first and the twenty-fourth month of the term. The performance review shall be subject to criteria established by the senior judge. If the performance review supports continuation of the term, said administrative law judge shall continue to serve the remainder of the appointed term. If the performance review recommends against a continuation of the appointed term, the performance review shall be submitted to the governor for appropriate action pursuant to section 8.

SECTION 5. Section 8 of said chapter 23E, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

The senior judge, board members and reviewing board members in the performance of their official duties shall be subject to the Model Code of Judicial Conduct for State Administrative Law Judges as promulgated by the American Bar Association. A complaint alleging grounds for removal under this section or alleging a violation of the code of judicial conduct may be initiated by a person affected by the exercise of official duties by the member. The commissioner shall establish a procedure for the fair disposition of the complaint, and may recommend appropriate action by the governor with respect thereto.

Approved August 25, 2004.

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