The Commission's administrative law judges (ALJs) decide any dispute arising from enforcement of Utah's governing laws for workers' compensation, employment and housing discrimination, and workplace safety. When an ALJ decision is appealed, a request can be made for review by the Commissioner or the Commission's Appeals Board. Historically, the Appeals Board reviews approximately 30% of these requests.
During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $12,100 from all sources for Appeals Board. This is a 0 percent change from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $12,100 from the General/Education Funds, a change of 0 percent from revised Fiscal Year 2015 estimates.
Although the Board makes independent decisions on cases, the Legal Unit gives legal advice to the Board. Thus the Board's performance measures are combined into the Legal Unit's measures (under Administration). Measures of performance for the Legal Unit and the Board are the number of decisions issued; the backlog of requests pending; and the percentage of cases affirmed by the Utah appellate courts.
The Board is created by statute and consists of three members. The members are appointed by the Governor and serve six year terms. By statute, one member represents employers, one represents employees, and no more than two may belong to the same political party. At least two members must be members of the Utah State Bar or have resigned from the Bar in good standing.
The Appeals Board receives funding as a program under the Labor Commission line item and from the Labor Commission Administration program. Funds are primarily used to pay salary and wage costs of the Board.
COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.