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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Labor
Chapter : INDUSTRIAL COMMISSION
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23-101 Industrial commission; members; qualifications; appointment; terms; compensation; removal
A. There shall be an industrial commission of ARIZONA.
B. The commission shall be composed of five members appointed by the governor
pursuant to section 38-211. Each member shall be appointed for a term of five
years. The terms of the members serving on the commission on the effective date of this
section shall terminate January 8, 1969. Of the members of the commission first
appointed, one shall serve for a term ending January 8, 1970, and one each for terms
ending one, two, three, and four years thereafter. Thereafter one term shall expire on
the third Monday in January of each year. Not more than three members of the commission
shall belong to the same political party. The chairman of the commission shall be
appointed by and serve at the pleasure of the governor. The members of the commission
shall have been residents of the state for five years immediately preceding their
original appointment.
C. Each commissioner shall receive a salary of fifty dollars per day for each day
in which he performs his duties as a commissioner.
D. The governor may remove a member of the commission for inefficiency, neglect of
duty, malfeasance, misfeasance or nonfeasance in office.
23-102 Payment of salaries of commissioners
The salaries of members of the commission shall be paid by the administrative fund.
23-103 Organization; quorum
A majority of the commission shall constitute a quorum to transact business. When a
vacancy occurs in the commission, the remaining commissioners may exercise all the powers
of the commission until the vacancy is filled.
23-104 Seal; copies of orders or records as evidence
A. The commission shall have an official seal for the authentication of its orders
and proceedings. Upon the seal shall be engraved the words, "industrial commission of
ARIZONA" and such other design as the commission prescribes.
B. Copies of orders of records of the commission certified by the secretary of the
commission under its seal shall be admissible in evidence.
23-105 Sites of offices and sessions; business hours; sessions and records; voting
A. The commission shall maintain its principal offices at the state capitol, but
may maintain offices and hold meetings in any place within the state.
B. The commission offices shall be open for the transaction of business from eight
o'clock a.m. until five o'clock p.m. each day from Monday through Friday, except on
holidays. Sessions of the commission shall be public and all proceedings of the
commission shall be shown on its records, which shall be a public record. The vote of
each member shall be recorded.
23-106 Capacity to sue and be sued; service of summons on commission
A. The commission may, in its name, sue and be sued.
B. Service of summons or other process on any member of the commission, or on the
secretary thereof, shall be deemed service on the commission.
23-107 General powers
A. The commission has full power, jurisdiction and authority to:
1. Formulate and adopt rules and regulations for effecting the purposes of this
article.
2. Administer and enforce all laws for the protection of life, health, safety and
welfare of employees in every case and under every law when such duty is not specifically
delegated to any other board or officer, and, when such duty is specifically delegated,
to counsel, advise and assist in the administration and enforcement of such laws and for
such purposes may conduct investigations.
3. Promote the voluntary arbitration, mediation and conciliation of disputes
between employers and employees.
4. License and supervise the work of private employment offices, bring together
employers seeking employees and working people seeking employment, and make known the
opportunities for employment in the state.
5. Collect, collate and publish all statistical and other information relating to
employees, employers, employments and places of employment with other appropriate
statistics.
6. Act as the regulatory agency insuring that workers' compensation carriers are
processing claims in accordance with chapter 6 of this title.
7. Provide nonpublic, confidential or privileged documents, materials or other
information to another state, local or federal regulatory agency for the purpose of the
legitimate administrative needs of the programs administered by that agency if the
recipient agency agrees and warrants that it has the authority to maintain and will
maintain the confidentiality and privileged status of the documents, materials or other
information.
8. Receive nonpublic documents, materials and other information from another state,
local or federal regulatory agency to properly administer programs of the commission.
The commission shall maintain as confidential or privileged any document, material or
other information that is identified by the exchange agency as confidential or privileged
under the laws of the jurisdiction that is the source of the document, material or other
information.
9. Enter into agreements that govern the exchange of nonpublic documents, materials
and other information that are consistent with paragraphs 7 and 8. The commission may
request nondisclosure of information that is identified as privileged or confidential.
Any disclosure pursuant to paragraph 7 or 8 or this paragraph is not a waiver of any
applicable privilege or claim of confidentiality in the documents, materials or other
information.
B. Upon petition by any person that any employment or place of employment is not
safe or is injurious to the welfare of any employee, the commission has power and
authority, with or without notice, to make investigations necessary to determine the
matter complained of.
C. The members of the commission may confer and meet with officers of other states
and officers of the United States on matters pertaining to their official duties.
D. Notwithstanding any other law, the commission may protect from public inspection
the financial information that is received from a private entity that applies to
self-insure or that renews its self-insurance plan pursuant to section 23-961, subsection
A if the information is kept confidential by the private entity in its ordinary and
regular course of business.
23-108.01 Duties of director
The director, under the supervision of the commission, shall administer the
policies, powers and duties of the commission as prescribed by chapters 1, 2 and 6 and
article 2 of chapter 3 of this title.
23-108.02 Administrative law judges
A. The commission shall appoint administrative law judges of the commission who
shall be members of the ARIZONA state bar and who are subject to the state personnel
board.
B. The annual compensation of the chief administrative law judge and of the
administrative law judges shall be as determined pursuant to section 38-611.
23-108.03 Performance of certain powers and duties
A. The industrial commission shall be responsible for determining the policy of the
commission.
B. Any powers and duties prescribed by law to the commission in chapters 1, 2 and 6
and article 2 of chapter 3 of this title, whether ministerial or discretionary, may by
resolution be delegated by the commission to the director or any of its department heads
or assistants, provided, that the commission shall not delegate its power or duty to:
1. Make rules and regulations.
2. Commute awards to a lump sum.
3. License self-insurers.
C. The commission shall be responsible for the official acts of its employees
acting in the name of the commission and by its delegated authority.
23-108 Director; employees; compensation and expenses
A. The commission shall employ a director. The director may employ such personnel
as deemed necessary by the provisions of chapters 1, 2 and 6 and article 2 of chapter 3
of this title.
B. The compensation of the director shall be as determined pursuant to section
38-611. The director shall have such administrative ability, education and training as
the commission determines. He may be removed by the commission for cause.
C. The compensation of the director and commission employees and payment of
subsistence and travel expenses allowed by law shall be paid from the administrative
fund.
23-109 Gifts and grants
The industrial commission may accept and expend public and private gifts and grants
for the conduct of programs which are consistent with the overall purposes and objectives
of the commission.
23-110 Industrial commission ombudsman
A. The director of the industrial commission shall employ an ombudsman to assist
recipients of workers' compensation benefits.
B. The ombudsman shall not provide legal advice but may provide information about
the workers' compensation system and rules governing commission proceedings and may
assist in clarifying the methods used to determine a person's workers' compensation
benefits.
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