34A-2-107. Appointment of workers' compensation advisory council --
Composition -- Terms of members -- Duties -- Compensation.
(1) The commissioner shall appoint a workers' compensation advisory council composed
of:
(a) the following voting members:
(i) five employer representatives; and
(ii) five employee representatives; and
(b) the following nonvoting members:
(i) a representative of the Workers' Compensation Fund;
(ii) a representative of a private insurance carrier;
(iii) a representative of health care providers;
(iv) the Utah insurance commissioner or the insurance commissioner's designee; and
(v) the commissioner or the commissioner's designee.
(2) Employers and employees shall consider nominating members of groups who
historically may have been excluded from the council, such as women, minorities, and
individuals with disabilities.
(3) (a) Except as required by Subsection (3)(b), as terms of current council members
expire, the commissioner shall appoint each new member or reappointed member to a two-year
term beginning July 1 and ending June 30.
(b) Notwithstanding the requirements of Subsection (3)(a), the commissioner shall, at the
time of appointment or reappointment, adjust the length of terms to ensure that the terms of
council members are staggered so that approximately half of the council is appointed every two
years.
(4) (a) When a vacancy occurs in the membership for any reason, the replacement shall
be appointed for the unexpired term.
(b) The commissioner shall terminate the term of a council member who ceases to be
representative as designated by the member's original appointment.
(5) (a) The council shall confer at least quarterly for the purpose of advising the
commission, the division, and the Legislature on:
(i) the Utah workers' compensation and occupational disease laws;
(ii) the administration of the laws described in Subsection (5)(a)(i);
(iii) rules related to the laws described in Subsection (5)(a)(i); and
(iv) advising the Legislature in accordance with Subsection (5)(b).
(b) (i) The council and the commission shall jointly study during 2009 the premium
assessment under Section 59-9-101 on an admitted insurer writing workers' compensation
insurance in this state and on a self-insured employer under Section 34A-2-202 as to:
(A) whether or not the premium assessment should be changed; or
(B) whether or not changes should be made to how the premium assessment is used.
(ii) The council and commission shall jointly report the results of the study described in
this Subsection (5)(b) to the Business and Labor Interim Committee by no later than the 2009
November interim meeting.
(6) Regarding workers' compensation, rehabilitation, and reemployment of employees
who are disabled because of an industrial injury or occupational disease the council shall:
(a) offer advice on issues requested by:
(i) the commission;
(ii) the division; and
(iii) the Legislature; and
(b) make recommendations to:
(i) the commission; and
(ii) the division.
(7) The commissioner or the commissioner's designee shall serve as the chair of the
council and call the necessary meetings.
(8) The commission shall provide staff support to the council.
(9) (a) (i) A member who is not a government employee may not receive compensation
or benefits for the member's service, but may receive per diem and expenses incurred in the
performance of the member's official duties at the rates established by the Division of Finance
under Sections 63A-3-106 and 63A-3-107.
(ii) A member may decline to receive per diem and expenses for the member's service.
(b) (i) A state government officer or employee member who does not receive salary, per
diem, or expenses from the member's agency for the member's service may receive per diem and
expenses incurred in the performance of the member's official duties from the council at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107.
(ii) A state government officer or employee member may decline to receive per diem and
expenses for the member's service.
Amended by Chapter 85, 2009 General Session
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Last revised: Thursday, May 28, 2009