§26-4  Structure of government.  Underthe supervision of the governor, all executive and administrative offices,departments, and instrumentalities of the state government and their respectivefunctions, powers, and duties shall be allocated among and within the followingprincipal departments that are hereby established:

(1)  Department of human resources development(Section 26-5)

(2)  Department of accounting and general services(Section 26-6)

(3)  Department of the attorney general (Section 26-7)

(4)  Department of budget and finance (Section 26-8)

(5)  Department of commerce and consumer affairs(Section 26-9)

(6)  Department of taxation (Section 26-10)

(7)  University of Hawaii  (Section 26-11)

(8)  Department of education (Section 26-12)

(9)  Department of health (Section 26-13)

(10)  Department of human services (Section 26-14)

(11)  Department of land and natural resources (Section26-15)

(12)  Department of agriculture (Section 26-16)

(13)  Department of Hawaiian home lands (Section 26-17)

(14)  Department of business, economic development, andtourism (Section 26-18)

(15)  Department of transportation (Section 26-19)

(16)  Department of labor and industrial relations(Section 26-20)

(17)  Department of defense (Section 26-21)

(18)  Department of public safety (Section 26-14.6). [LSp 1959 2d, c 1, §3; am L 1961, c 132, §1(a); am L 1963, c 2, §1 and c 114,§§2, 4; Supp, §14A-1; HRS §26-4; am L 1970, c 105, §4; am L 1982, c 204, §8; amL 1987, c 336, §3(1), c 338, §1(2), and c 339, §2(1); am L 1989, c 211, §§3, 4;am L 1990, c 293, §8; am L 1991, c 293, §§1, 5; am L 1994, c 56, §1]

 

Cross References

 

  Hawaii health authority, see chapter 322H.

 

Attorney General Opinions

 

  The office of the governor is a constitutional officeestablished by §1 of article V of the state constitution and is not a principaldepartment of the state executive branch listed in this section; thus, anyagency that is not temporary and for special purposes cannot be validly placedwithin the office of the governor.  Att. Gen Op. 96-1.

 

Case Notes

 

  Administrative agency is not a "person" under CivilRights Act, 42 USCA §1983.  396 F. Supp. 375.

  Presumption of constitutionality applies to policies set bystate agencies.  56 H. 601, 546 P.2d 1005.