§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 fromchapter 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 tothe limitation of funds in the agricultural loan reserve fund;

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

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

(4)  Cooperate with private and federal governmentfarm loan sources to increase the amount of loan funds available to qualifiedfarmers in the State;

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

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

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

(8)  Make direct loans to qualified farmers and foodmanufacturers 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 wayof foreclosure, voluntary surrender, or otherwise, to recover moneys loaned;

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

(13)  Exercise incidental powers as are deemednecessary or requisite to fulfill its duty in carrying out the purposes of thischapter;

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

(15)  Adopt rules pursuant to chapter 91 necessary forthe 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 ofchapter 76, position must be filled by open competitive examination.  Att. Gen.Op. 62-34.