Usufruct
R.S. 36:802

Transfer; retention of policymaking and rulemaking functions ACTIVE

The agencies transferred in accordance with this Section shall continue to be composed and selected as provided by law, and each shall continue to exercise all of the powers, duties, functions, and responsibilities provided or authorized for each by the constitution or laws which are in the nature of policymaking, rulemaking, licensing, regulation, enforcement, or adjudication and also shall continue to exercise all advisory powers, duties, functions, and responsibilities provided by law. Such powers, duties, functions, and responsibilities shall be exercised independently of the secretary and any assistant secretary, except that:

(1)(a) The secretary of the department to which each is transferred shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agencies so transferred, including the employing, appointing, removing, and promoting of necessary personnel. However, in the case of any agency transferred under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, the assistant secretary of the office, under the direct supervision and control of the secretary, shall exercise all powers, duties, functions, and responsibilities necessary for the administration and implementation of the policies, rules, and decisions of the agency, including the employing, appointing, removing, and promoting of necessary personnel.

(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the secretary of the Department of Corrections, in the case of any agency transferred to the Department of Corrections under the provisions of this Section and placed by the secretary within an office administered by an assistant secretary, shall have the authority to employ, appoint, remove, assign, and promote such personnel as is necessary for the efficient administration of the agency.

(2) The undersecretary of the department to which each is transferred shall, under the supervision and control of the secretary, perform and administer those functions of each which he is required to perform and administer to the extent provided for each by this Title.

Actions

JSON Markdown Source (legis.la.gov)

References

None.

Cited by

History

  • enactment Acts 1976, No. 513, §1
  • amendment Acts 1978, No. 119, §1
  • amendment Acts 1978, No. 439, §2
  • amendment Acts 1979, No. 258, §1
  • amendment Acts 1980, No. 762, §1
  • amendment Acts 1981, No. 621, §2, eff. Jan. 1, 1982
  • amendment Acts 1982, No. 778, §2
  • amendment Acts 1983, No. 97, §4, eff. Feb. 1, 1984
  • amendment Acts 1984, No. 862, §3
  • amendment Acts 1984, No. 455, §1, eff. Oct. 1, 1984
  • amendment Acts 1987, No. 737, §1
  • amendment Acts 1988, No. 2, §1, eff. Mar. 28, 1988
  • amendment Acts 1988, No. 4, §2
  • amendment Acts 1988, No. 796, §1, eff. July 18, 1988
  • amendment Acts 1999, No. 944, §2
  • amendment Acts 2001, No. 8, §11, eff. July 1, 2001
  • amendment Acts 2005, No. 428, §1, eff. July 1, 2005
  • amendment Acts 2012, No. 269, §1, eff. May 25, 2012
  • amendment Acts 2012, No. 600, §1, eff. June 7, 2012
  • amendment Acts 2012, No. 759, §1, eff. June 12, 2012
  • amendment Acts 2012, No. 811, §11, eff. July 1, 2012
  • amendment Acts 2013, No. 228, §1, eff. July 1, 2013
  • amendment Acts 2018, No. 515, §1
  • amendment Acts 2019, No. 238, §2
  • amendment Acts 2021, No. 20, §5
  • amendment Acts 2022, No. 623, §4, eff. July 1, 2022

Section navigation

Cite R.S. 36:802

Bluebook
La. Rev. Stat. Ann. § 36:802 (2026).
Permalink
https://theusufruct.com/rs/title-36/section-802
BibTeX
@misc{larevstat-36-802,
  title        = {La. Rev. Stat. Ann. § 36:802},
  howpublished = {Louisiana Revised Statutes},
  year         = {2026},
  url          = {https://theusufruct.com/rs/title-36/section-802},
  note         = {Snapshot 2026-05-22}
}