Title 42
State Affairs and Government

Chapter 64.19
Executive Office of Commerce

§ 42-64.19-7. Departments/divisions assigned to the executive office — Powers and duties.

(a) The departments and/or divisions assigned to the secretary shall:

(1) Exercise their respective powers and duties in accordance with their statutory authority and the general policy established by the governor or by the secretary acting on behalf of the governor or in accordance with the powers and authorities conferred upon the secretary by this chapter;

(2) Provide such assistance or resources as may be requested or required by the governor and/or the secretary; and

(3) Provide such records and information as may be requested or required by the governor and/or the secretary to the extent allowed under the provisions of any applicable general or public law, regulation, or agreement relating to the confidentiality, privacy or disclosure of such records or information.

(4) Forward to the secretary copies of all reports to the governor.

(b) Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the departments, offices, or divisions assigned to the secretary from fulfilling any statutory requirement or complying with any valid rule or regulation.

(c) The secretary shall determine in collaboration with the department directors whether the officers, employees, agencies, advisory councils, committees, commissions, and task forces of the departments who were performing such functions shall be transferred to the office.

(d) In the transference of such functions, the secretary shall be responsible for ensuring:

(1) Minimal disruption of services to consumers;

(2) Elimination of duplication of functions and operations;

(3) Services are coordinated and functions are consolidated where appropriate;

(4) Clear lines of authority are delineated and followed;

(5) Cost savings are achieved whenever feasible;

(6) Program application and eligibility determination processes are coordinated and, where feasible, integrated; and

(7) State and federal funds available to the office and the entities therein are allocated and utilized for service delivery to the fullest extent possible.

(e) Except as provided herein, no provision of this chapter or application thereof shall be construed to limit or otherwise restrict the departments under this section from fulfilling any statutory requirement or complying with any regulation deemed otherwise valid.

(f) To ensure an orderly transfer of functions to the office of commerce the following transition shall occur at the direction of the governor, secretary of commerce and the respective directors of the department affected.

(g) On or about February 1, 2015, the office shall commence to operate all functions currently assigned to the department of business regulation (DBR).

(h) On or about April 1, 2015, the office shall commence to operate the regulatory reform and housing/community development functions currently assigned to the department of administration.

(i) In addition to the requirements of § 35-3-7, budgets submitted by the impacted state departments for state fiscal years 2015 and 2016 shall include provisions to implement this section.