§26-38  Powers and duties of heads ofdepartments.  Except as otherwise provided by this chapter, every power andduty conferred by law and required to be performed by any officer, board,department, bureau, commission, administrative agency, or instrumentality ofthe State existing immediately prior to November 25, 1959, shall hereafter beexercised and performed by the head of the respective department established bythis chapter, whether the head of the department be a single executive, board,or commission.

Except as otherwise provided by this chapter,the head of a department may assign any function vested in his department toany subordinate officer or employee as he deems desirable.  With the approvalof the governor, the head of a department may establish or abolish within hisdepartment any division or other administrative unit to achieve economy andefficiency and in accord with sound administrative principles and practices andprocedures.

The head of each department may prescriberegulations for the administration of his department, for the conduct of itsemployees, for the performance of its business, and for the custody, use andpreservation of records, equipment, and other property pertaining thereto;provided that the regulations shall not be inconsistent with the requirementsof chapters 76, 91, and 92, or rules promulgated by the governor, or other lawsof the State. [L Sp 1959 2d, c 1, §7; am L 1965, c 96, §9; Supp, pt of §14A-5;HRS §26-38; am L 2002, c 148, §2]