§26-35  Administrative supervision of boards
and commissions.  (a)  Whenever any board or commission is established or
placed within or transferred to a principal department for administrative
purposes or subject to the administrative control or supervision of the head of
the department, the following provisions shall apply except as otherwise
specifically provided by this chapter:



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



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



(3)  All rules adopted by the board or commission
shall 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 or
under the jurisdiction of the board or commission shall be determined by the
board or commission subject to the approval of the head of the department and
to applicable personnel laws;



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



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



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



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



(b)  Every board or commission established or
placed within a principal department for administrative purposes or subject to
the administrative control or supervision of the head of the department shall
be considered an arm of the State and shall enjoy the same sovereign immunity
available 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.