Hawaii Revised Statutes

Haw. Rev. Stat. § 26-4 (2026)

  Structure of government

✓ current as of July 2026
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     §26-4  Structure of government.  Under the supervision of the governor, all executive and administrative offices, departments, and instrumentalities of the state government and their respective functions, powers, and duties shall be allocated among and within the following principal departments that are hereby established:

     (1)  Department of human resources development (Section 26-5);

     (2)  Department of accounting and general services (Section 26-6);

     (3)  Department of the attorney general (Section 26-7);

     (4)  Department of budget and finance (Section 26-8);

     (5)  Department of commerce and consumer affairs (Section 26-9);

     (6)  Department of taxation (Section 26-10);

     (7)  University of Hawaii (Section 26-11);

     (8)  Department of education (Section 26-12);

     (9)  Department of health (Section 26-13);

    (10)  Department of human services (Section 26-14);

    (11)  Department of land and natural resources (Section 26-15);

    (12)  Department of agriculture and biosecurity (Section 26-16);

    (13)  Department of Hawaiian home lands (Section 26-17);

    (14)  Department of business, economic development, and tourism (Section 26-18);

    (15)  Department of transportation (Section 26-19);

    (16)  Department of labor and industrial relations (Section 26-20);

    (17)  Department of defense (Section 26-21);

    (18)  Department of corrections and rehabilitation (Section 26-14.6); and

    (19)  Department of law enforcement (Section 26-14.8). [L Sp 1959 2d, c 1, §3; am L 1961, c 132, §1(a); am L 1963, c 2, §1 and c 114, §§2, 4; Supp, §14A-1; HRS §26-4; am L 1970, c 105, §4; am L 1982, c 204, §8; am L 1987, c 336, §3(1), c 338, §1(2), and c 339, §2(1); am L 1989, c 211, §§3, 4; am L 1990, c 293, §8; am L 1991, c 293, §§1, 5; am L 1994, c 56, §1; am L 2022, c 278, §§3, 20; am L 2025, c 236, §17]

 

Cross References

 

  Hawaii health authority, see chapter 322H.

 

Attorney General Opinions

 

  The office of the governor is a constitutional office established by §1 of article V of the state constitution and is not a principal department of the state executive branch listed in this section; thus, any agency that is not temporary and for special purposes cannot be validly placed within the office of the governor.  Att. Gen Op. 96-1.

 

Case Notes

 

  Administrative agency is not a "person" under Civil Rights Act, 42 USCA §1983.  396 F. Supp. 375.

  Presumption of constitutionality applies to policies set by state agencies.  56 H. 601, 546 P.2d 1005.

 

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1983–2026 · leading case: Mottl v. Miyahira, 23 P.3d 716 (Haw. 2001).
Mottl v. Miyahira, 23 P.3d 716 (Haw. 2001). · cites it 8× “The University of Hawai`i, being one of the "principal departments" within the structure of the executive branch of the state government "[u]nder the supervision of the governor," HRS § 26-4 (1993 & Supp.2000), is generally subject to these procedures.”
Hawaii Insurers Council v. Lingle, 201 P.3d 564 (Haw. 2008). · cites it 4× “BACKGROUND A Factual Background The DCCA is an executive agency of the State of Hawaii HRS § 26-4(5) (Supp. 1999). Its departments include an insurance division, HRS § 431:2-101 (1993), which is supervised and controlled by the insurance commissioner, HRS § 431:2-102 (1993 &…”
Vail v. Employees' Ret. Sys. of Hawai'i, 856 P.2d 1227 (Haw. 1993). · cites it 2× “HRS § 26-4. 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…”
Bd. of Educ. v. Waihee, 768 P.2d 1279 (Haw. 1989). · cites it 2× “]” HRS § 26-4. “Under policies established by the [B]oard, the superintendent [of education] administerfs] programs of education and public instruction throughout the State[.”
Waters of Life Local Sch. Bd. v. Charter Sch. Review Panel, 268 P.3d 436 (Haw. App. 2011). · cites it 2× “V, § 6; HRS § 26-4 (2009 Repl.). DOE is headed by an executive board, which is BOE.”
Deak-Perera Hawaii, Inc. v. Dep't of Transp., 553 F. Supp. 976 (D. Haw. 1983). · cites it 2× “The DOT exists only because of the state’s grant of authority and only to perform the specific mandates outlined in its Organic Act.”
Water Comm'n of Hawai'i v. Nat'l Am. Ins., 930 F. Supp. 1411 (D. Haw. 1996). · cites it 2× “See Haw.Rev.Stat. § 26-4 (“Structure of Government”); rather, Hawaii County is an independent municipal corporation.”
Sakaguchi v. Univ. of Hawai'i (Haw. App. 2026). · cites it 4× “HRS § 26-4(7) (2009). It is an "employer" under the HWPA.”
— Haw. Rev. Stat. § 26-4(15) — 1 case
Deak-Perera Hawaii, Inc. v. Dep't of Transp., 553 F. Supp. 976 (D. Haw. 1983). “The DOT exists only because of the state’s grant of authority and only to perform the specific mandates outlined in its Organic Act.”
— Haw. Rev. Stat. § 26-4(5) — 1 case
Hawaii Insurers Council v. Lingle, 201 P.3d 564 (Haw. 2008). “BACKGROUND A Factual Background The DCCA is an executive agency of the State of Hawaii HRS § 26-4(5) (Supp. 1999). Its departments include an insurance division, HRS § 431:2-101 (1993), which is supervised and controlled by the insurance commissioner, HRS § 431:2-102 (1993 &…”
— Haw. Rev. Stat. § 26-4(7) — 1 case
Sakaguchi v. Univ. of Hawai'i (Haw. App. 2026). “HRS § 26-4(7) (2009). It is an "employer" under the HWPA.”
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