PRIA, Government Policy, Made Personal

Summary

The Secretary can pick members of a State board, commission, or agency to serve as deputy commissioners for a compensation district. The Secretary can arrange to use the agency’s staff and offices and pay their expenses or salaries when those resources help run this program. In U.S. Territories and the District of Columbia, someone who already holds a U.S. office can be named a deputy commissioner and paid extra in an amount the Secretary sets under chapter 51 and subchapter III of chapter 53 of title 5. Deputy commissioners (other than those picked from State agencies) can be moved between districts or temporarily sent to another district. Each deputy must keep an open office during business hours at a place the Secretary sets. The Secretary will provide the office, staff, supplies, and equipment, and any records must go to a successor or the Secretary if the deputy leaves. No deputy, board member, or their business associate may act as a lawyer in cases under this law, or take part in cases where they have a personal interest, are employed by a party, or are related to a party within the third degree under common law.

Title 33, §940

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(a)Appointment; use of personnel and facilities of boards, commissions, or other agencies; expenses and salaries

The Secretary may appoint as deputy commissioners any member of any board, commission, or other agency of a State to act as deputy commissioner for any compensation district or part thereof in such State, and may make arrangements with such board, commission, or other agency for the use of the personnel and facilities thereof in the administration of this chapter. The Secretary may make such arrangements as may be deemed advisable by him for the payment of expenses of such board, commission, or other agency, incurred in the administration of this chapter pursuant to this section, and for the payment of salaries to such board, commission, or other agency, or the members thereof, and may pay any amounts agreed upon to the proper officers of the State, upon vouchers approved by the Secretary.

(b)Appointment in Territories and District of Columbia; compensation

In any Territory of the United States or in the District of Columbia a person holding an office under the United States may be appointed deputy commissioner and for services rendered as deputy commissioner may be paid compensation, in addition to that he is receiving from the United States, in an amount fixed by the Secretary in accordance with chapter 51 and subchapter III of chapter 53 of title 5.

(c)Transfers to other districts; temporary details

Deputy commissioners (except deputy commissioners appointed under subsection (a) of this section) may be transferred from one compensation district to another and may be temporarily detailed from one compensation district for service in another in the discretion of the Secretary.

(d)Maintaining offices

Each deputy commissioner shall maintain and keep open during reasonable business hours an office, at a place designated by the Secretary, for the transaction of business under this chapter, at which office he shall keep his official records and papers. Such office shall be furnished and equipped by the Secretary, who shall also furnish the deputy commissioner with all necessary clerical and other assistants, records, books, blanks, and supplies. Wherever practicable such office shall be located in a building owned or leased by the United States; otherwise the Secretary shall rent suitable quarters.

(e)Records and papers

If any deputy commissioner is removed from office, or for any reason ceases to act as such deputy commissioner, all of his official records and papers and office equipment shall be transferred to his successor in office or, if there be no successor, then to the Secretary or to a deputy commissioner designated by the Secretary.

(f)Conflict of interest

Neither a deputy commissioner or Board member nor any business associate of a deputy commissioner or Board member shall appear as attorney in any proceeding under this chapter, and no deputy commissioner or Board member shall act in any such case in which he is interested, or when he is employed by any party in interest or related to any party in interest by consanguinity or affinity within the third degree, as determined by the common law.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b) “chapter 51 and subchapter III of chapter 53 of title 5” substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.

Amendments

1984—Subsecs. (a) to (e). Pub. L. 98–426 substituted “Secretary” for “commission”. See

Transfer of Functions

note set out under section 902 of this title. 1972—Subsec. (f). Pub. L. 92–576 inserted references to Board member. 1949—Subsec. (b). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–426 effective Sept. 28, 1984, see section 28(e)(1) of Pub. L. 98–426, set out as a note under section 901 of this title.

Effective Date

of 1972 AmendmentAmendment by Pub. L. 92–576 effective 30 days after Oct. 27, 1972, see section 22 of Pub. L. 92–576, set out as a note under section 902 of this title.

Repeals

Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89–554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.

Transfer of Functions

For

Transfer of Functions

to the Secretary of Labor, see note set out under section 902 of this title.

§940 Deputy Commissioners

Summary

Title 33, §940

Notes & Related Subsidiaries

Editorial Notes

Amendments

Transfer of Functions

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Repeals

Transfer of Functions

Transfer of Functions

Citations & Metadata