§26-35 Administrative supervision of boards
and commissions. (a) Whenever any board or commission is established or
placed within or transferred to a principal department for administrative
purposes or subject to the administrative control or supervision of the head of
the department, the following provisions shall apply except as otherwise
specifically provided by this chapter:
(1) The head of the department shall represent the
board or commission in communications with the governor and with the
legislature; unless the legislature or a legislative committee requests to
communicate directly with the board or commission;
(2) The financial requirements from state funds of
the board or commission shall be submitted through the head of the department
and included in the budget for the department;
(3) All rules adopted by the board or commission
shall be subject to the approval of the governor;
(4) The employment, appointment, promotion, transfer,
demotion, discharge, and job descriptions of all officers and employees of or
under the jurisdiction of the board or commission shall be determined by the
board or commission subject to the approval of the head of the department and
to applicable personnel laws;
(5) All purchases of supplies, equipment, or
furniture by the board or commission shall be subject to the approval of the
head of the department;
(6) The head of the department shall have the power
to allocate the space or spaces available to the department and which are to be
occupied by the board or commission;
(7) Any quasi-judicial functions of the board or
commission shall not be subject to the approval, review, or control of the head
of the department; and
(8) Except as set forth hereinabove, the head of the
department shall not have the power to supervise or control the board or
commission in the exercise of its functions, duties, and powers.
(b) Every board or commission established or
placed within a principal department for administrative purposes or subject to
the administrative control or supervision of the head of the department shall
be considered an arm of the State and shall enjoy the same sovereign immunity
available to the State. [L Sp 1959 2d, c 1, §6; am L 1965, c 96, §140; Supp,
§14A-4; HRS §26-35; am L 2004, c 16, §1; am L 2008, c 60, §2]
Cross References
Rulemaking procedure, see chapter 91.
Notes of Decisions
Cited in
8
cases, 1981–2013 · leading case:
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
· cites it 10× “Defendants, on the other hand, cite to HRS § 26-35(b) (Supp. 2004), which provides that "[e]very board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the…”
Chun v. Bd. of Trs., 952 P.2d 1215 (Haw. 1998).
· cites it 4× “HRS § 26-35 provides: Administrative supervision of boards and commissions.”
Vail v. Employees' Ret. Sys. of Hawai'i, 856 P.2d 1227 (Haw. 1993).
· cites it 2× “Pursuant to HRS § 26-35, the head of the DBF represents the ERS in all “communications with the governor and with the legislature;” the financial requirements of the ERS are included in the DBF budget; all rules and regulations of the ERS are subject to approval by the governor;…”
In Re Holoholo, 512 F. Supp. 889 (D. Haw. 1981).
· cites it 2× “§ 26-35; the structuring of at least part of its budgetary and financial reporting process the same as that of the UH, Hawaii Rev.”
Waters of Life Local Sch. Bd. v. Charter Sch. Review Panel, 268 P.3d 436 (Haw. App. 2011).
· cites it 2× “HRS § 26-35(b) (2009 Repl.) (“Every board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department shall be considered an arm of the State and shall enjoy…”
Honolulu Constr. & Draying Co. v. State, Dep't of Land & Nat. Resources, 310 P.3d 301 (Haw. 2013).
“The development corporation shall be placed within the department of business, economic development, and tourism for administrative purposes, pursuant to section 26-35. 7 . The Outdoor Circle, Historic Hawaii Foundation, Hawaii's Thousand Friends, and Life of the Land were…”
Kanahele v. Maui Cnty. Council., 307 P.3d 1174 (Haw. 2013).
“(e) Discussions between two or more members of a board and the head of a department to which the board is administratively assigned may be conducted in private without limitation; provided that the discussion is limited to matters specified in section 26-35. (f) Communications,…”
Trens v. Univ. of Hawaii, 512 F. Supp. 889 (D. Haw. 1981).
· cites it 2× “§ 26-35; the structuring of at least part of its budgetary and financial reporting process the same as that of the UH, Hawaii Rev.”
— Haw. Rev. Stat. § 26-35(3) — 1 case
Chun v. Bd. of Trs., 952 P.2d 1215 (Haw. 1998).
“HRS § 26-35 provides: Administrative supervision of boards and commissions.”
— Haw. Rev. Stat. § 26-35(b) — 2 cases
Awakuni v. Awana, 165 P.3d 1027 (Haw. 2007).
“Defendants, on the other hand, cite to HRS § 26-35(b) (Supp. 2004), which provides that "[e]very board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the…”
Waters of Life Local Sch. Bd. v. Charter Sch. Review Panel, 268 P.3d 436 (Haw. App. 2011).
“HRS § 26-35(b) (2009 Repl.) (“Every board or commission established or placed within a principal department for administrative purposes or subject to the administrative control or supervision of the head of the department shall be considered an arm of the State and shall enjoy…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.