2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 10. PUBLIC SAFETY AND INTERNAL SECURITY
128. Civil Defense and Emergency Act
§128-5 Powers on whom conferred; delegation of powers.


HI Rev Stat § 128-5 (2011 through Reg Sess) What's This?

§128-5 Powers on whom conferred; delegation of powers. Except as otherwise expressly provided, all of the powers conferred by this chapter are conferred on the governor, who may delegate to agencies, officers, employees, and other persons, or any of them, created, appointed, or employed under, or engaged in carrying out this chapter, or to any government agency, officer, or employee, state or otherwise, or provide for the subdelegation of, any of the powers, except the power (1) to proclaim a civil defense emergency period or to proclaim the period terminated, or to make any other proclamation provided for by this chapter, (2) to prescribe rules or regulations having the force and effect of law, and (3) to make allotments of funds appropriated or available for the purposes of this chapter. Unless otherwise directed by the governor, all of the powers pertaining to civil defense, hereby authorized to be delegated by the governor, shall be deemed to have been delegated by the governor to the director of civil defense, with the further authority to subdelegate the powers to any agency or person to whom the governor could delegate these powers. [L 1951, c 268, pt of §2; RL 1955, §359-5; HRS §128-5; gen ch 1985]

Attorney General Opinions

Governor may not issue standing instruction that would automatically declare a state of emergency in case of military attack. Att. Gen. Op. 61-87.

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