§ 42-16.1-1. Establishment of department — Director. There is hereby established with the executive branch of state government a department of labor and training. The head of the department shall be the director of labor and training who shall be appointed by the governor, with the advice and consent of the senate, and shall serve […]
§ 42-16.1-10. Compensation of board of review. The compensation of members of the board shall be determined by the department of administration. The compensation shall be pro rated and made chargeable to the employment security administration fund and such other funds as shall be available for the payment of temporary disability insurance expenses or from […]
§ 42-16.1-11. Legal counsel to board of review. (a) The board of review shall be empowered to appoint and employ a qualified attorney, who shall act in accordance with such instructions as he or she may receive from the board concerning appeals from its decisions and other related duties. Whenever the board of review may […]
§ 42-16.1-12. Fraud prevention unit — Appointment — Duties — Qualifications. (a) The director of the department of labor and training shall maintain within the workers’ compensation unit of the department of labor and training, a workers’ compensation fraud prevention unit whose members shall be in the unclassified service and whose responsibility it shall be […]
§ 42-16.1-13. Investigative powers of the fraud prevention unit. The unit is authorized to investigate allegations of workers’ compensation fraud and abuse. In furtherance of any investigation, the unit has the power to: (1) Administrative subpoena. The unit may request, through an administrative subpoena, the attendance and testimony of witnesses and the production of books, […]
§ 42-16.1-14. Disclosure of information to the fraud prevention unit. Any insurer, or agent authorized by the insurer, to act on its behalf, or third party administrator or any self-insurer, having reason to believe that an insurance transaction may be fraudulent, shall send to the fraud prevention unit a report of the transaction and any […]
§ 42-16.1-15. Fraud prevention unit — Evidence confidentiality. The unit’s documents, reports, or evidence relative to a workers’ compensation investigation are privileged and not open to public inspection. The documents, reports, and evidence are not subject to a subpoena duces tecum unless the unit consents, or a court determines the unit would not be jeopardized […]
§ 42-16.1-16. Immunity. In the absence of fraud, malice or bad faith, no insurer or agent authorized by the insurer to act on its behalf, employee of the unit, or person providing information to the unit, is subject to civil liability for damages as a result of any statement, report, or investigation made pursuant to […]
§ 42-16.1-17. Severability. If any clause, sentence, paragraph, section, or part of this chapter or the application of any part to any person or circumstances shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, that judgment does not affect, impair, or invalidate the remainder of this chapter and the […]
§ 42-16.1-18. Confidentiality. (a) Except as provided in subsection (b) of this section, the department of labor and training shall not release information to any individual not connected with the department relative to any employee’s workers’ compensation claim, including, but not limited to, information obtained from the employee, records or reports of employers, insurers or […]
§ 42-16.1-19. Cost of legal and audit fees. The director is hereby authorized, and may in his or her discretion, recover the reasonable cost of legal services and audit fees for services provided by in-house attorneys and/or other personnel of the department of labor and training or outside auditors and incurred by the department in […]
§ 42-16.1-2. Functions of director. The director of labor and training shall: (1) Have all the powers and duties formerly vested by law in the director of labor with regard to factory inspectors and steam boiler inspectors, and such other duties as may be by law conferred upon the department; (2) Administer the labor laws […]
§ 42-16.1-3. Transfer of functions from the department of labor. (a) There are hereby transferred to the department of labor and training all functions formerly administered by the department of labor under the provisions of chapter 4 of title 5; chapter 1 of title 25; chapters 1, 2, 4, 10 — 15, inclusive, 18, 20, […]
§ 42-16.1-4. Transfer of functions from the department of employment and training. (a) There are hereby transferred to the department of labor and training all functions formerly administered by the department of employment and training set forth in chapters 39 — 44, inclusive, of title 28 and chapter 102 of title 42; and of all […]
§ 42-16.1-5. Education unit — Establishment. There shall be within the department of labor and training an education unit. The unit shall provide, in convenient locations throughout the state, education services to employees and employers concerning the prevention of occupational diseases and injuries, training for non-management employees and employers in workers’ compensation procedures, and substantive […]
§ 42-16.1-6. Board of review — Composition. There shall be a board of review consisting of three (3) members. One member shall be a representative of labor, one member shall be a representative of industry, and one member shall be a representative of the public generally. Not more than two (2) members of the board […]
§ 42-16.1-7. Appointment of board members. In January of each odd-numbered year, the governor shall submit to the senate the name of a person to act as a member of the board of review to succeed the member of the board whose term will next expire, and to hold office for a term of six […]
§ 42-16.1-8. Filling of vacancies on board. In case there is a vacancy in the board of review while the senate is in session, the governor shall appoint in the manner aforesaid. In case there is a vacancy in the board of review when the senate is not in session, the governor shall appoint some […]
§ 42-16.1-9. Organization of board — Restrictions on members — Removal. The representative of the public shall be chairperson of the board of review. No hearing shall proceed in the absence of the chairperson of the board of review and the chairperson shall act alone in the absence of any other member. In the absence […]
