US Laws, Codes, Statutes & Cases

      75-3702j.   Organization of department; delegation of powers and duties. (a) Subject to the limitations of this section, the secretary of administration may organize the department of administration in the manner the secretary deems most efficient. Division heads and employees of the department of administration not within a particular division shall perform such duties and exercise such powers as are prescribed by law and such other duties as the secretary of administration may prescribe. Such division heads and employees shall act for, and exercise the powers of, the secretary of administration to the extent authority to do so is delegated by the secretary of administration.

      (b)   Subject to the provisions of subsections (a) and (c), personnel of each division of the department of administration shall perform such duties and shall exercise such powers as the head of the division may prescribe and shall perform such duties and shall exercise powers as are prescribed by law. Personnel of each division shall act for, and exercise the powers of, their division head to the extent the authority to do so is delegated by the division head.

      (c)   Whenever any power, duty or function is designated by statute to be carried out by a particular organizational unit or employee within the department of administration, the secretary of administration is authorized to transfer any such power, duty or function to any other organizational unit or employee within the department. Included within the secretary's authority to reorganize the department is the authority to abolish organizational units and consolidate powers, duties and functions of such organizational units. Transfers and reorganization pursuant to this subsection (c) shall be subject to the approval of the governor.

      (d)   The division of the budget shall not be subject to the provisions of subsections (a) or (c).

      History:   L. 1994, ch. 274, § 15; July 1.