Sec. 1. 39-A MRSA §151, sub-§5, as enacted by PL 1991, c. 885, Pt. A, §8 and as affected by §§9 to 11, is amended to read:

5. Voting requirements. The board may take action only by majority vote of its membership. Decisions regarding the employment of an executive director and the appointment and retention of hearing officers require the affirmative votes of at least 2 board members representing management and at least 2 board members representing labor.

Sec. 2. 39-A MRSA §152, sub-§5, as enacted by PL 1991, c. 885, Pt. A, §8 and affected by §§9 to 11, is repealed.

Sec. 3. 39-A MRSA §152, sub-§5-A is enacted to read:

5-A.__Employment of chief hearing officer, hearing officers and mediators.__The Governor shall appoint a chief hearing officer, who has broad powers to manage and oversee persons qualified by background and training to serve as hearing officers and mediators.__The chief hearing officer must be paid at a rate ranging from $110,000 to $125,000 a year.

The chief hearing officer shall appoint hearing officers, who may take action and enter orders consistent with this Act in all cases assigned to them by the chief hearing officer.__Hearing officers must be paid a salary at a rate ranging from $80,000 to $100,000 a year and serve at the discretion of the chief hearing officer for a period of not more than 3 years.__Hearing officers are not subject to the Civil Service Law.

The chief hearing officer shall appoint mediators, who may take action and enter orders consistent with this Act in all cases assigned to them by the chief hearing officer.__Mediators must be paid at a rate ranging from $30,000 to $50,000 a year and are not subject to the Civil Service Law.

SUMMARY

This bill changes the administration of workers' compensation hearings by creating the position of chief hearing officer and providing that the chief hearing officer appoints hearing officers whose tenure is limited to 3 years.