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Ocga 34947 Trial Division And Appellate Division Created Composition Sessions

(a)  There is created and established within the State Board of Workers’ Compensation a trial division and an appellate division, which shall exercise judicial functions in implementing this chapter.

(b)  The appellate division shall be composed of the three members of the board who shall serve as appellate administrative law judges.  The chairman of the board shall serve as chief administrative law judge of the appellate division.  An administrative law judge may be appointed by the board to serve as a member of the board to review cases on appeal; provided, however, not more than one administrative law judge may serve as a member of the board on any case and an administrative law judge who served as the hearing officer in a case may not serve as a member of the board to review the same case on appeal.  An administrative law judge appointed to serve as a member of the board pursuant to this subsection shall be counted as a member for the purposes of the quorum requirement of Code Section 34-9-46.

(c)  The trial division shall be composed of administrative law judges appointed by the board who shall serve as hearing officers and exercise judicial functions in implementing this chapter.  Administrative law judges shall have the power to subpoena witnesses and administer oaths and may take testimony in those cases brought before the board.  An administrative law judge hearing a case shall make an award, subject to review and appeal as provided in this chapter.

(d)  The appellate division and trial division of the board may hold such sessions as may be deemed necessary at any place within the state, subject to other provisions of this chapter.

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