PURPOSE: This rule establishes the performance standards for administrative law judges to be used in performance audits as mandated by section 287.610, RSMo.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) The director of the Division of Workers’ Compensation shall perform an annual evaluation of all the chief administrative law judges. The chief administrative law judge of each local office shall perform an annual evaluation of all administrative law judges in the local office based on the standards adopted by the Administrative Law Judge Review Committee and set forth in this rule. The annual evaluations will be presented to the Administrative Law Judge Review Committee who will conduct a performance audit.

2. (2) The administrative law judges will be evaluated in the following areas and held to the standards set forth herein.

   1. (A) Managing for Performance.

      1. 1. In section 287.203, RSMo hearings a

decision is issued within thirty (30) days of the date of the hearing.

1. 2. For all other hearings, except medical

fee disputes on reasonableness, an administrative law judge shall issue a written award within ninety (90) days of the last day of the hearing. The hearing shall be concluded within thirty (30) days of the commencement of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitates a longer time than ninety (90) days.

1. (B) Meeting the Needs of Customers and Shareholders.

   1. 1. Ensures timely completion of work

where applicable—

1. A. Decision to approve or deny a

request for hearing is made within twenty (20) working days after receipt of a request;

1. B. Hearings are concluded within

thirty (30) days of the commencement of the hearing, except in extraordinary circumstances where a lengthy trial or complex issues necessitates a longer time;

1. C. Date of hearing assigned for each

case will be no more than one hundred twenty (120) days after the date that the request for hearing is approved, unless all parties agree otherwise; and

1. D. Upon receipt of a request, all cases

will be set for conference, prehearing or mediation within one hundred twenty (120) days.

1. 2. Ensures that employees and employ-

ers as well as their representative are treated in a respectful and courteous manner in accordance with the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judges and Missouri Supreme Court Rule 2.

1. 3. Establishes and maintains regular

office hours which ensure accessibility to customers and shareholders.

1. 4. Makes oneself available to and active-

ly participate in meetings, seminars and/or conferences of employer and employee groups.

1. (C) Professional Development and Conduct.

   1. 1. Ensures ethical standards are main-

tained and followed, to include adherence to the guidelines outlined in both the Rules of Professional Conduct as well as the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judges.

1. 2. Participates in the required fifteen

1. (15) hours of Continuing Legal Education

2. (CLE) courses as outlined and accredited by the Missouri Bar on an annual basis.

   1. 3. Attends and participates in required

training that enhances education, knowledge and skill.

1. (D) Strategic Planning and Program Improvement.

   1. 1. Implements the division’s internal

procedures.

1. 2. Participates in the strategic planning

process.

1. 3. Participates in internal workgroups to

improve effectiveness and efficiency.

1. 4. Available to serve in other locations

as needed on a temporary basis.

1. 5. Offers recommendations and sugges-

tions for program improvement.

1. (3) This rule sets forth all the standards to be used to evaluate administrative law judges. The standards do not address the content of any award or decision issued by the administrative law judge. 8 CSR 50-2
2. (4) The division hereby adopts and incorporates by reference the Code of Judicial Conduct for Missouri Workers’ Compensation Administrative Law Judges. This Code is published by the Division of Workers’ Compensation, 3315 West Truman Blvd., Jefferson City, MO 65109; December 14, 2005 and does not include any later amendments or additions. A copy of the Code will be available at said address to the public for inspection and copying at no more than the actual cost of reproduction.

AUTHORITY: sections 287.610.2 and 287.610.10, RSMo Supp. 2005 and 287.650, RSMo 2000. Emergency rule filed Dec. 21, 1998, effective Jan. 1, 1999, expired June 29, 1999. Original rule filed Dec. 21, 1998, effective June 30, 1999. Rescinded and readopted: Filed April 12, 2006, effective Oct. 30, 2006.

*Original authority: 287.610, RSMo 1939, amended 1945, 1951, 1955, 1957, 1959, 1961, 1977, 1980, 1987, 1992, 1993, 1998, 2001, 2005 and 287.650, RSMo 1939, 1949, 1961, 1980, 1993, 1995, 1998.