Idaho State Statutes - Idaho Attorney Directory

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superseded.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.

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