Section 25-2-12

There shall be a board of appeals for the Department of Industrial Relations. The board of appeals shall exercise its own judgment and discretion in all matters entrusted to it, and, to that extent, shall be entirely separate and distinct from and independent of the Department of Industrial Relations, but it shall have offices with the Department of Industrial Relations, and an employee of the Department of Industrial Relations shall act as its clerk. All proper expenses of the board of appeals shall be paid from the appropriations to the Department of Industrial Relations in the same manner as expenses of the department are paid. There shall be three members of the board of appeals, all of whom shall be appointed by the Governor, subject to confirmation by the Senate, for a term of office of six years or until their successors are appointed; except, that the first appointments of members of the board of appeals shall be for terms of two, four and six years respectively. One member of the board shall be a person who, on account of his or her previous employment or affiliations, shall be generally classified as a representative of employers. One member of the board shall be a person who, on account of his or her previous employment or affiliations, shall be generally classified as a representative of employees. One member of the board shall represent the interest of the public, shall not be generally classified as a representative of employers or of employees and shall be the chair of the board of appeals. Before entering upon the discharge of his or her duties, each member of the board of appeals shall take the constitutional oath of office. No member of the board of appeals shall be employed by the federal government or the state. Members of the board of appeals shall receive no salary but shall be paid for each day or part thereof necessarily spent in the discharge of their official duties, including travel time, an amount to be agreed upon by the Director of Industrial Relations and the Governor, the same not to exceed one hundred dollars ($100) per day. The sum total to be paid to each member of the board in any calendar year shall not exceed twenty-four thousand dollars ($24,000) plus travel allowance and expense allowance as provided in Article 2 of Chapter 7 of Title 36. The board of appeals may meet as necessary when it has been determined by the Director of Industrial Relations that the number of appeals pending before the board of appeals shall require that the board meet and hold hearings or review cases. Members of the board of appeals shall be subject to impeachment as are other state officers. Vacancies for any reason shall be filled by appointment by the Governor for the unexpired term, and any appointments made while the Senate is not in regular session shall be effective ad interim. No member of the board of appeals shall hear or determine an appeal in any case in which he or she is a directly interested party. The board of appeals shall not hear or determine any appeal unless each of the three members thereof or their alternates are present. The Governor shall immediately, whenever it is shown to his or her satisfaction that a member of the board of appeals is disqualified for any reason or cannot attend a session of the board of appeals, appoint an alternate or alternates for the member or members so disqualified or absent.

(Acts 1939, No. 161, p. 232; Code 1940, T. 26, §8; Acts 1943, No. 410, p. 375; Acts 1949, No. 268, p. 391; Acts 1961, Ex. Sess., No. 274, p. 2298, §1; Acts 1973, No. 1061, p. 1749, Acts 1979, No. 79-708, p. 1260; Acts 1990, No. 90-574, p. 979; Act 2000-674, p. 1341, §1.)