A.R.S. § 23-108.02 - Appointment Of Administrative Law Judges Of The Arizona Industrial Commission

Arizona Revised Statute Section 23-108.02 governs the appointment of administrative law judges for the Arizona Industrial Commission. This section states:

A. The commission shall appoint administrative law judges of the commission who shall be members of the Arizona state bar. 
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.

This section of the Arizona statutes, first enacted in 1968 and subsequently amended on at least three occasions, specifies that one of the duties of the Industrial Commission is to appoint lawyers, who must be members of the Arizona State Bar, to act as Administrative Law Judges to hear legal matters pending before the Commission. These matters generally fall within the scope of the General Powers granted to the Industrial Commission in A.R.S. § 23-107.

The Administrative Law Judges of the Industrial Commission act within the ALJ Division of the Commission, and work within the stated mission "to resolve disputed matters in workers’ compensation, youth employment and wages efficiently, impartially and equitably as the administrative tribunal of the ICA in matters that arise under the jurisdiction of the ICA."

The Industrial Commission employees several Administrative Law Judges in Phoenix and Tucson, who hear matters from throughout the State. Although the statute only specifies that the ALJs must be members of the Arizona State Bar, the Industrial Commission has established additional standards requiring that they must also have at least five years of experience in workers' compensation, employment, or a related field. 

A.R.S. § 23-109 - Use Of Gifts And Grants By The Arizona Industrial Commission

Arizona Revised Statute Section 23-109 addresses the uses of gifts and grants by the Arizona Industrial Commission as follows:

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.

This Arizona statute pertains to the funding sources that the Industrial Commission is authorized to receive funds from, and the use of those funds. Based on the language of the statute, which does not appear to have been the subject of much litigation since it was enacted in 1974, there are few limitations on the sources of funding for the Industrial Commission. The Commission is only able to use those funds, however, in ways that are "consistent with the overall purposes and objectives of the commission."

Although the "purposes and objectives" of the Industrial Commission are not expressly defined in this section of the statutes, nor elsewhere as far as I can tell, they may be generally derived from the balance of the governing statutes as set forth in A.R.S. §§ 23-101 - 23-110, and in Title 20, Section 5, of the Arizona Administrative Code, which is the section of the official rules of the State of Arizona governing state agencies, boards, and commissions that apply to the Industrial Commission.

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