EXECUTIVE AND ADMINISTRATIVE OFFICES

AND DEPARTMENTS


Section 6.  All executive and administrative offices, departments and instrumentalities of the state government and their respective powers and duties shall be allocated by law among and within not more than twenty principal departments in such a manner as to group the same according to common purposes and related functions.  Temporary commissions or agencies for special purposes may be established by law and need not be allocated within a principal department.

Each principal department shall be under the supervision of the governor and, unless otherwise provided in this constitution or by law, shall be headed by a single executive.  Such single executive shall be nominated and, by and with the advice and consent of the senate, appointed by the governor.  That person shall hold office for a term to expire at the end of the term for which the governor was elected, unless sooner removed by the governor; except that the removal of the chief legal officer of the State shall be subject to the advice and consent of the senate.

Except as otherwise provided in this constitution, whenever a board, commission or other body shall be the head of a principal department of the state government, the members thereof shall be nominated and, by and with the advice and consent of the senate, appointed by the governor.  The term of office and removal of such members shall be as provided by law.  Such board, commission or other body may appoint a principal executive officer who, when authorized by law, may be an ex officio, voting member thereof, and who may be removed by a majority vote of the members appointed by the governor.

The governor shall nominate and, by and with the advice and consent of the senate, appoint all officers for whose election or appointment provision is not otherwise provided for by this constitution or by law.  If the manner or removal of an officer is not prescribed in this constitution, removal shall be as provided by law.

When the senate is not in session and a vacancy occurs in any office, appointment to which requires the confirmation of the senate, the governor may fill the office by granting a commission which shall expire, unless such appointment is confirmed, at the end of the next session of the senate.  The person so appointed shall not be eligible for another interim appointment to such office if the appointment failed to be confirmed by the senate.

No person who has been nominated for appointment to any office and whose appointment has not received the consent of the senate shall be eligible to an interim appointment thereafter to such office.

Every officer appointed under the provisions of this section shall be a citizen of the United States and shall have been a resident of this State for at least one year immediately preceding that person's appointment, except that this residency requirement shall not apply to the president of the University of Hawaii. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]


Cross References


  Allocation of departments, see chapter 26.

  Temporary agencies, see §26-41.

  Term of board members, see §26-34.


Attorney General Opinions


  Residence requirement.  Not applicable to president of University of Hawaii.  Att. Gen. Op. 61-84.  Applicable to superintendent of public instruction.  Att. Gen. Op. 62-5.  The superintendent of education appointed by the elected board of education need not be a resident of the State.  Att. Gen. Op. 66-27.

  Appointment of chairpersons of the various boards by the governor and authorizing delegation of powers to them are not contrary to this section.  Att. Gen. Op. 64-18.

  First paragraph requires that state executive branch agencies be placed within the principal departments of the executive branch of state government, unless they are agencies or commissions that are both temporary and for special purposes.  Att. Gen. Op. 96-1.


Case Notes


  No unconstitutional delegation of powers was involved in federal-state arrangement for jurisdiction over air carriers.  44 H. 634, 651-53, 361 P.2d 390.

  Not violated by administrative revocation program.  76 H. 380, 878 P.2d 719.

  Article VI, §1 and this section, neither separately nor together prohibit the establishment of the administrative driver’s license revocation office in the judiciary.  91 H. 212 (App.), 982 P.2d 346.










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