PART IV. ADMINISTRATION

 

§383-91  Duties and powers of department,director.  (a)  The department of labor and industrial relations, hereinreferred to as the "department" shall administer this chapter throughthe director of labor and industrial relations pursuant to chapter 371.  Thedirector may delegate to any person such power and authority, vested in thedirector by this chapter, as the director deems reasonable and proper for theeffective administration of this chapter, except the power to make rules orregulations, and may in the director's discretion bond any person handlingmoneys or signing checks hereunder.  The director may cause to be printed anddistributed to the public the text of this chapter or chapter 371, and anyother material the director deems relevant and suitable, and the director shalldeliver a copy of the director's rules and regulations to any person makingapplication therefor.  The director may require such reports, make suchinvestigations, and take such other action as the director deems necessary orsuitable for the administration of this chapter.

(b)  Personnel standards on a merit basiscovering all persons employed in the administration of this chapter shall beestablished and maintained.  The personnel standards shall be in conformitywith the personnel standards promulgated by the Secretary of Labor pursuant tothe Social Security Act, as amended, and the Act of Congress entitled "Anact to provide for the establishment of a national employment system and for cooperationwith the states in the promotion of such system, and for other purposes",approved June 6, 1933, as amended.  The director may adopt suchregulations applicable with respect to all persons employed in theadministration of this chapter, as may be necessary to meet personnel standardspromulgated by the Secretary of Labor and to provide for all matters which areappropriate to the establishment and maintenance of a merit system on the basisof efficiency and fitness.  Appointments of all persons employed in theadministration of this chapter shall be on a merit basis and shall be made inaccordance with the applicable provisions of any state civil service law;provided that if and whenever there are no applicable provisions of any statecivil service law or if and whenever any state civil service law does not meetthe personnel standards promulgated by the Secretary of Labor, then thepersonnel standards established and maintained by the director pursuant to thissubsection, and meeting the personnel standards promulgated by the Secretary ofLabor, shall be applied with respect to all persons employed in theadministration of this chapter.

(c)  Subsection (b) of this section shall notapply to any person who pursuant to chapter 371, or any other provision of law,is exempted from state civil service provisions, unless the application ofsubsection (b) to any such person is specifically provided for by this chapteror is required in order to conform to the requirements of section 303(a) of theSocial Security Act as amended or to the personnel standards promulgated by theSecretary of Labor.

(d)  Any provision of law to the contrarynotwithstanding, the director may dismiss without notice any person employed inthe administration of this chapter upon receipt of notice of a determination bythe United States Civil Service Commission that the person has violated the Actof Congress entitled "An act to prevent pernicious politicalactivities", as amended, and that such violation warrants the removal ofthe person from the person's employment.

(e)  The deputy attorney general or deputiesattorney general assigned by the attorney general to furnish the legal servicesnecessary in carrying out this chapter shall be compensated by the director. [L1939, c 219, §10(a); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4269; am L1951, c 195, §1(11), (12); am L 1953, c 41, §1(2) and c 105, §4; RL 1955,§93-90; am L Sp 1959 2d, c 1, §27; HRS §383-91; gen ch 1985]

 

Note

 

  In subsection (d), "United States Civil Service Commission"now "Office of Personnel Management".  Executive Order 12107(December 28, 1978), Reorganization Plan No. 2.

 

Cross References

 

  Rulemaking, see chapter 91.

 

Attorney General Opinions

 

  The referee must be appointed pursuant to the civil servicelaw.  Att. Gen. Op. 61-59.