§155-4  Powers and duties of the department. 
The department of agriculture shall have the following powers:



(1)  Employ a secretary, who may be exempt from
chapter 76, and other full-time and part-time employees, subject to chapter 76,
as are necessary to effectuate the purposes of this chapter, subject further to
the limitation of funds in the agricultural loan reserve fund;



(2)  Designate agents throughout the State as may be
necessary for property appraisal, the consideration of loan applications, and the
supervision of farming operations of borrowers.  The agents may be compensated
for their services at rates the department in its discretion may fix;



(3)  Initiate and carry on a continuing research and
education program, utilizing and coordinating the services and facilities of
other government agencies and private lenders to the maximum, to inform
qualified farmers concerning procedures for obtaining loans and to inform
private lenders concerning the advantages of making loans to qualified farmers;



(4)  Cooperate with private and federal government
farm loan sources to increase the amount of loan funds available to qualified
farmers in the State;



(5)  Assist individual qualified farmers in obtaining
loans from other sources.  Insofar as available funds and staff permit, counsel
and assist individual farmers in establishing and maintaining proper records to
prove their farming ability for loan purposes;



(6)  Insure loans made to qualified farmers and food
manufacturers by private lenders under section 155-5;



(7)  Participate in loans made to qualified farmers
and food manufacturers by private lenders under section 155-6;



(8)  Make direct loans to qualified farmers and food
manufacturers under section 155-8;



(9)  Borrow money for loan purposes;



(10)  Assign and sell mortgages;



(11)  Hold title to, maintain, use, manage, operate,
sell, lease, or otherwise dispose of personal and real property acquired by way
of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned;



(12)  Sue and be sued in the name of the "State of
Hawaii";



(13)  Exercise incidental powers as are deemed
necessary or requisite to fulfill its duty in carrying out the purposes of this
chapter;



(14)  Delegate authority to its chairperson to approve
loans, where the requested amount plus any principal balance on existing loans
to the applicant, does not exceed $25,000 of state funds; and



(15)  Adopt rules pursuant to chapter 91 necessary for
the purpose of this chapter. [L 1959, c 278, pt of §1; am L Sp 1959 2d, c 1,
§25; am L Sp 1960, c 10, §1; am L 1961, c 132, §2; am L 1965, c 96, §83; Supp,
§102-4; HRS §155-4; am L 1968, c 53, §2; am L 1979, c 222, §4; am L 1982, c 63,
§2; am L 1989, c 27, §1; am L 1997, c 258, §2; am L 2000, c 51, §4 and c 253,
§150]



 



Attorney General Opinions



 



  If position of secretary is placed within provision of
chapter 76, position must be filled by open competitive examination.  Att. Gen.
Op. 62-34.