2014 Louisiana Laws
Revised Statutes
TITLE 36 - Organization of the Executive Branch
RS 36:624 - Powers and duties of commissioner of agriculture and forestry

§624. Powers and duties of commissioner of agriculture and forestry

A. In addition to the functions, powers, and duties otherwise vested in the commissioner of agriculture by law, he shall:

(1) Represent the public interest in the administration of this Chapter and shall be responsible to the legislature and the public therefor.

(2) Determine the policies of the department, except as otherwise provided by this Title.

(3) In accordance with the Administrative Procedure Act, make, alter, amend, and promulgate rules and regulations necessary for the administration of the functions of the department, except as otherwise provided by this Title.

(4) Organize, plan, supervise, direct, administer, execute, and be responsible for the functions and programs vested in the department, in the manner and to the extent provided by this Title.

(5) Act as the sole agent of the state or, in necessary cases, designate one of the offices within the department or its assistant commissioner, to cooperate with the federal government and with other state and local agencies in matters of mutual concern and in the administration of federal funds granted to the state or directly to the department or an office thereof to aid in the furtherance of any function of the department and its offices. For this purpose he may take such actions, in accordance with any applicable state law, necessary to meet such federal standards as are established for the administration and use of such federal funds, except as otherwise specifically provided in this Title or by the constitution and laws of this state.

(6) Make and publish an annual report to the legislature concerning the operations of the department and submit with each report such recommendations as he deems necessary for the more effective internal structure and administration of the department, and make other reports and recommendations on his own initiative or upon request of the legislature, or any committee or member thereof.

(7) Provide for the ongoing merger and consolidation of the agencies and functions transferred to his department and submit a report thereon to the legislature, which report shall accompany the budget request which he submits under provisions of R.S. 39:33. Such report shall include a statement of the goals of the department and of the programs thereof and shall summarize the accomplishments of the department in meeting such goals and implementing such programs. The report shall also contain a specific statement of the reorganization and consolidation plan for the department for the next year and shall include a report on the implementation of such reorganization and consolidation plan for the previous year. The report concerning reorganization shall specifically detail the extent to which the department has achieved goals stated the previous year with respect to merger and consolidation of functions, abolition of agencies, consolidation of offices, elimination of job positions, and efficiency and economy in delivery of services. The report shall contain any recommendations with respect to reorganization which may require legislative action. A copy of the report and recommended legislation shall also be submitted by the commissioner to the presiding officer of each house of the legislature. The presiding officer shall refer the report to the appropriate committee having jurisdiction of the subject matter as provided in the rules of the respective house.

(8) Prepare, undertake, or administer, or in necessary cases, direct one of the offices within the department or its deputy commissioner to prepare, undertake, or administer necessary studies, research projects, or programs regarding the development and utilization of agricultural products as a source of fuel or a fuel extender.

B. The commissioner of agriculture and forestry shall have authority to:

(1)(a) Except as otherwise specifically provided in R.S. 36:801 and 803:

(i) Employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the executive office of the commissioner and the performance of its powers, duties, functions, and responsibilities and such other personnel, who are not assigned to an office, as may be necessary for the efficient administration of the department and for the performance of the responsibilities, powers, duties, and functions of agencies transferred to it;

(ii) Employ, assign, and remove all personnel employed for the department on a contractual basis, and

(iii) Transfer the personnel of the department as necessary for the efficient administration of the department and its programs.

(iv) Notwithstanding any law to the contrary, except R.S. 36:801 and 803, and except as otherwise provided in this Title or Title 3 with respect to personnel of boards, commissions, departments, and agencies transferred to the Department of Agriculture and Forestry pursuant to R.S. 36:629 or created within the Department of Agriculture and Forestry pursuant to R.S. 3:415, 558.3, or 1604, employ, appoint, remove, assign, and promote all personnel of the department and may delegate that authority, in writing, to each of the assistant commissioners.

(b) All of the above are to be accomplished in accordance with applicable civil service law, rules, and regulations, and with policies and rules of the Department of Agriculture and Forestry, and all are subject to budgetary control and applicable laws.

(2) Appoint, subject to legislative approval, advisory councils, boards, and commissions necessary in the administration of the department, except as otherwise provided by law or concurrent resolution of the legislature.

(3) Accept and use, in accordance with law, gifts, grants, bequests, and endowments for purposes consistent with the responsibilities and functions of the department and take such actions as are necessary to comply with any conditions required for such acceptance.

(4) Formulate and promulgate rules of administration for the department relating to employment and management.

(5) Do such other things, not inconsistent with law, as are necessary to perform properly the functions vested in him.

Added by Acts 1977, No. 83, §1, eff. June 22, 1977. Amended by Acts 1981, No. 223, §1; Acts 1987, No. 736, §1; Acts 1993, No. 635, §1; Acts 2009, No. 24, §3, eff. June 12, 2009; Acts 2013, No. 220, §14, eff. June 11, 2013.

NOTE: SEE ACTS 1987, NO. 736, §3.

NOTE: SEE ACTS 1990, NO. 207.