§26-35  Administrative supervision of boardsand commissions.  (a)  Whenever any board or commission is established orplaced within or transferred to a principal department for administrativepurposes or subject to the administrative control or supervision of the head ofthe department, the following provisions shall apply except as otherwisespecifically provided by this chapter:

(1)  The head of the department shall represent theboard or commission in communications with the governor and with the legislature;unless the legislature or a legislative committee requests to communicatedirectly with the board or commission;

(2)  The financial requirements from state funds ofthe board or commission shall be submitted through the head of the departmentand included in the budget for the department;

(3)  All rules adopted by the board or commissionshall be subject to the approval of the governor;

(4)  The employment, appointment, promotion, transfer,demotion, discharge, and job descriptions of all officers and employees of orunder the jurisdiction of the board or commission shall be determined by theboard or commission subject to the approval of the head of the department andto applicable personnel laws;

(5)  All purchases of supplies, equipment, or furnitureby the board or commission shall be subject to the approval of the head of thedepartment;

(6)  The head of the department shall have the powerto allocate the space or spaces available to the department and which are to beoccupied by the board or commission;

(7)  Any quasi-judicial functions of the board orcommission shall not be subject to the approval, review, or control of the headof the department; and

(8)  Except as set forth hereinabove, the head of thedepartment shall not have the power to supervise or control the board orcommission in the exercise of its functions, duties, and powers.

(b)  Every board or commission established orplaced within a principal department for administrative purposes or subject tothe administrative control or supervision of the head of the department shallbe considered an arm of the State and shall enjoy the same sovereign immunityavailable to the State. [L Sp 1959 2d, c 1, §6; am L 1965, c 96, §140; Supp,§14A-4; HRS §26-35; am L 2004, c 16, §1; am L 2008, c 60, §2]

 

Cross References

 

  Rulemaking procedure, see chapter 91.