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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