39-106. DIRECTOR — ADDITIONAL POWERS AND DUTIES — TRANSFER AND CONTINUATION OF RULES AND OTHER PROCEEDINGS. (1) The director shall exercise the following powers and duties in addition to all other powers and duties inherent in the position:

(a) Prescribe such policies and procedures as may be necessary for the administration of the department, the conduct and duties of the employees, the orderly and efficient management of department business, and the custody, use and preservation of department records, papers, books and property belonging to the state.

(b) Employ such personnel as may be deemed necessary, prescribe their duties and fix their compensation within the limits provided by the state personnel system law.

(c) Administer oaths for all purposes required in the discharge of his duties.

(d) Prescribe the qualifications of all personnel of the department on a nonpartisan merit basis, in accordance with the Idaho personnel system law, provided, however, that the administrators in charge of any division of the department shall serve at the pleasure of the director.

(e) Create such units, sections and subdivisions as are or may be necessary for the proper and efficient functioning of the department. [l]

(2) [l] All books, records, papers, documents, property, real and personal, unexpended appropriations and pending business in any way pertaining to the rights, powers and duties regarding environmental protection functions vested in the department of health and welfare and its director, administered by the division of environmental quality, are transferred to and vested in the department and its director. The department established by this act is empowered to acquire, by purchase or exchange, any property which in the judgment of the department is needful for the operation of the facilities and programs for which it is responsible and to dispose of, by sale or exchange, any property which in the judgment of the department is not needful for the operation of the same.

(3) All rules, standards, plans, licenses, permits, consent orders, compliance schedules, certification, and other agreements pertaining to environmental protection functions administered by the division of environmental quality heretofore adopted or issued by the [l] department of health and welfare and its director are transferred to the department of environmental quality and shall remain in full force and effect until superseded. The terms "department" and "director" in such documents shall mean the department of environmental quality and its director, until such documents are amended.

(4) The department of environmental quality and its director shall be the successor to all rights, powers and duties of the department of health and welfare and its director regarding all rulemaking proceedings, administrative proceedings, contested cases, civil actions, contracts, delegations, authorizations and other matters pertaining to environmental protection functions.

History:

[39-106, added 1972, ch. 347, sec. 6, p. 1017; am. 1974, ch. 23, sec. 50, p. 633; am. 1987, ch. 223, sec. 2, p. 476; am. 1990, ch. 56, sec. 2, p. 129; am. 2000, ch. 59, sec. 1, p. 125; am. 2000, ch. 132, sec. 9, p. 324.]