§ 36:801 — Transfer; retention of functions

§801. Transfer; retention of functions
The agencies transferred in accordance with this Section shall continue to be
composed and selected as provided by law; each agency shall continue to exercise all powers,
duties, functions, and responsibilities provided or authorized for each by the constitution or
laws which are in the nature of policymaking, rulemaking, licensing, regulation,
enforcement, or adjudication and also shall continue to exercise all advisory powers, duties,
and functions provided by law; each agency shall continue to administer and implement all
programs provided or authorized for each by law which relate to rulemaking, licensing,
regulation, enforcement, and adjudication; each agency shall continue to be governed by the
Administrative Procedure Act, in its entirety, including provisions relative to adjudication
proceedings, unless otherwise specifically provided by law; the executive head of each such
agency shall employ, appoint, remove, assign, and promote such personnel as is necessary
for the efficient administration of such powers, duties, functions, and responsibilities and for
the administration and implementation of such programs, in accordance with applicable civil
service laws, rules, and regulations, and with policies and rules of the department to which
the agency is transferred, and subject to budgetary control and applicable laws; except as
specifically provided in Paragraphs (1), (2), and (3) of this Section. The agencies transferred
as provided in this Section shall exercise the powers, duties, functions, and responsibilities
and shall administer and implement the programs authorized in this Section independently
of the secretary, the undersecretary, and any assistant secretary, except that:
(1) The secretary of the department to which each is transferred shall exercise all
functions necessary for the administration and implementation of the policies and rules of
the agency which do not relate to rulemaking, licensing, regulation, enforcement, and
adjudication, including personnel management, except as provided in Paragraph (2) below.
(2) The undersecretary of the department to which each is transferred shall, under
the supervision and control of the secretary, perform and administer all functions of each
agency which are in the nature of accounting and budget control, management and program
analysis, and grants management.
(3) The secretary of the department shall exercise all functions of the transferred
agencies which relate to payroll, personnel management, procurement, and contract
management, which functions are hereby transferred to the secretary; provided, however, that
this Paragraph (3) shall not apply to any retirement systems or retirement board.
NOTE: See Acts 2004, No. 613, §3, relative to existing agricultural leases
involving the White Lake property.

Legislative History

Acts 1976, No. 513, §1. Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1982, No. 708, §1; Acts 1989, No. 329, §2; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2004, No. 128, §1, eff. July 1, 2004; Acts 2004, No. 613, §1, eff. Jan. 1, 2005; Acts 2008, No. 559, §1, eff. July 1, 2008; Acts 2009, No. 82, §1; Acts 2009, No. 409, §3, eff. July 1, 2009; Acts 2010, No. 573, §1, eff. July 1, 2010; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.