23-422. Review board

A. A review board is established within the commission to hear and rule on appeals of administrative law judge decisions generated in this article. The board shall consist of five members who are appointed by the governor and who by reason of training, education or experience are qualified to carry out the powers and duties of the board. The board shall elect a chairman from the board's membership.

B. Before appointment by the governor, a prospective member of the board shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Members of the board shall be appointed to five-year terms, except that of the members first appointed, one each shall serve for a term of one, two, three, four and five years. A vacancy occurring on the board other than by expiration of a term shall be filled in the manner original appointments were made, for the unexpired portion of the term. The governor may remove members of the board for inefficiency, neglect of duty, malfeasance or nonfeasance in office. The board shall meet as often as necessary to hold review hearings as provided in section 23-423, at times and places as the chairman may determine. A quorum of the board shall be present in order to conduct review hearings or other business. All decisions of the board shall be determined by a majority decision.

D. The commission shall employ a staff necessary for the efficient administration of the board's activities. All personnel of the board shall be under the supervision of the director of the commission and shall be paid from the general fund, subject to legislative appropriation.

E. Board members shall receive compensation pursuant to section 38-611, which shall be paid from the general fund, subject to legislative appropriation.

F. The monies appropriated to carry out the purposes of subsections D and E of this section shall be appropriated to the commission, shall not exceed twenty thousand dollars per year and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. The monies shall be kept separate and apart from other monies of the commission and shall be available only to the board.

G. A member of the board shall not participate on a matter with which the member is personally associated. If a member is disqualified pursuant to this subsection or is unable to participate for any other reason on a particular matter, the governor shall appoint a person as a temporary member to participate in the hearing. The person shall meet the qualifications of subsection A of this section.