PART IV.  ADMINISTRATION

     §383-91  Duties and powers of department, director.  (a)  The department of labor and industrial relations, herein referred to as the "department" shall administer this chapter through the director of labor and industrial relations pursuant to chapter 371.  The director may delegate to any person such power and authority, vested in the director by this chapter, as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules or regulations, and may in the director's discretion bond any person handling moneys or signing checks hereunder.  The director may cause to be printed and distributed to the public the text of this chapter or chapter 371, and any other material the director deems relevant and suitable, and the director shall deliver a copy of the director's rules and regulations to any person making application therefor.  The director may require such reports, make such investigations, and take such other action as the director deems necessary or suitable for the administration of this chapter.

     (b)  Personnel standards on a merit basis covering all persons employed in the administration of this chapter shall be established and maintained.  The personnel standards shall be in conformity with the personnel standards promulgated by the Secretary of Labor pursuant to the Social Security Act, as amended, and the Act of Congress entitled "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes", approved June 6, 1933, as amended.  The director may adopt such regulations applicable with respect to all persons employed in the administration of this chapter, as may be necessary to meet personnel standards promulgated by the Secretary of Labor and to provide for all matters which are appropriate to the establishment and maintenance of a merit system on the basis of efficiency and fitness.  Appointments of all persons employed in the administration of this chapter shall be on a merit basis and shall be made in accordance with the applicable provisions of any state civil service law; provided that if and whenever there are no applicable provisions of any state civil service law or if and whenever any state civil service law does not meet the personnel standards promulgated by the Secretary of Labor, then the personnel standards established and maintained by the director pursuant to this subsection, and meeting the personnel standards promulgated by the Secretary of Labor, shall be applied with respect to all persons employed in the administration of this chapter.

     (c)  Subsection (b) of this section shall not apply to any person who pursuant to chapter 371, or any other provision of law, is exempted from state civil service provisions, unless the application of subsection (b) to any such person is specifically provided for by this chapter or is required in order to conform to the requirements of section 303(a) of the Social Security Act as amended or to the personnel standards promulgated by the Secretary of Labor.

     (d)  Any provision of law to the contrary notwithstanding, the director may dismiss without notice any person employed in the administration of this chapter upon receipt of notice of a determination by the United States Civil Service Commission that the person has violated the Act of Congress entitled "An act to prevent pernicious political activities", as amended, and that such violation warrants the removal of the person from the person's employment.

     (e)  The deputy attorney general or deputies attorney general assigned by the attorney general to furnish the legal services necessary in carrying out this chapter shall be compensated by the director. [L 1939, c 219, §10(a); am L 1941, c 304, §1, pt of subs 32; RL 1945, §4269; am L 1951, c 195, §1(11), (12); am L 1953, c 41, §1(2) and c 105, §4; RL 1955, §93-90; am L Sp 1959 2d, c 1, §27; HRS §383-91; gen ch 1985]

Note

  In subsection (d), "United States Civil Service Commission" now "Office of Personnel Management".  Executive Order 12107 (December 28, 1978), Reorganization Plan No. 2.

Cross References

  Rulemaking, see chapter 91.

Attorney General Opinions

  The referee must be appointed pursuant to the civil service law.  Att. Gen. Op. 61-59.