Transferred agencies keep their existing legal functions, while department officials may administer them and manage personnel in specific ways.
§802. Transfer; retention of policymaking and rulemaking functions The agencies transferred in accordance with this Section shall continue to be composed and selected as provided by law, and each shall continue to exercise all of the 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, functions, and responsibilities provided by law. Such powers, duties, functions, and responsibilities shall be exercised independently of the secretary and any assistant secretary, except that: (1)(a) The secretary of the department to which each is transferred shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agencies so transferred, including the employing, appointing, removing, and promoting of necessary personnel. However, in the case of any agency transferred under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, the assistant secretary of the office, under the direct supervision and control of the secretary, shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agency, including the employing, appointing, removing, and promoting of necessary personnel. (b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the secretary of the Department of Corrections, in the case of any agency transferred to the Department of Corrections under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, shall have the authority to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the agency. (2) The undersecretary of the department to which each is transferred shall, under the supervision and control of the secretary, perform and administer those functions of each which he is required to perform and administer to the extent provided for each by this Title. Acts 1976, No. 513, §1; Amended by Acts 1977, No. 83, §1, eff. June 22, 1977; Acts 1978, No. 119, §1; Acts 1978, No. 439, §2; Acts 1979, No. 258, §1; Acts 1980, No. 762, §1; Acts 1981, No. 621, §2, eff. Jan. 1, 1982; Acts 1982, No. 778, §2; Acts 1983, No. 97, §4, eff. Feb. 1, 1984; Acts 1984, No. 862, §3; Acts 1984, No. 455, §1, eff. Oct. 1, 1984; Acts 1987, No. 737, §1; Acts 1988, 1st Ex. Sess., No. 2, §1, eff. Mar. 28, 1988; Acts 1988, No. 4, §2; Acts 1988, No. 796, §1, eff. July 18, 1988; Acts 1999, No. 944, §2; Acts 2001, No. 8, §11, eff. July 1, 2001; Acts 2005, No. 428, §1, eff. July 1, 2005; Acts 2012, No. 269, §1, eff. May 25, 2012; Acts 2012, No. 600, §1, eff. June 7, 2012; Acts 2012, No. 759, §1, eff. June 12, 2012; Acts 2012, No. 811, §11, eff. July 1, 2012; Acts 2013, No. 228, §1, eff. July 1, 2013; Acts 2018, No. 515, §1; Acts 2019, No. 238, §2; Acts 2021, No. 20, §5; Acts 2022, No. 623, §4, eff. July 1, 2022.