269-3 Employment of assistants. (a) The chairperson of the public utilities commission may appoint and employ professional staff and other assistants for the public utilities commission as the chairperson finds necessary for the performance of the commission's functions and define their powers and duties. Notwithstanding section 26-35(a)(4) to the contrary and subject to applicable personnel laws, the employment, appointment, applicable salary schedules, promotion, transfer, demotion, discharge, and job descriptions of all officers and employees of or under the jurisdiction of the commission shall be determined by the chairperson and may be delegated to the executive officer appointed and employed pursuant to subsection (b); provided that determinations concerning personnel matters made by the chairperson or the executive officer, as delegated by the chairperson, may be reviewed by the director of commerce and consumer affairs for completeness and for compliance and conformance with applicable administrative processes and procedures of the department of commerce and consumer affairs. The chairperson may appoint and, at pleasure, dismiss a chief administrator and attorneys as may be necessary, and who shall be exempt from chapter 76. The chairperson may also appoint other staff, including a fiscal officer and a personnel officer, with or without regard to chapter 76.

(b) The chairperson of the commission shall appoint, employ, and dismiss, at pleasure, an executive officer who shall be responsible for managing the operations of the commission. The responsibilities of the executive officer shall include management and recruitment of personnel, budget planning and implementation, strategic planning and implementation, procurement and contract administration, and implementation of administrative programs and projects. The executive officer shall be exempt from chapter 76.

(c) Notwithstanding section 91-13, the commission may consult with its assistants appointed under authority of this section in any contested case or agency hearing concerning any issue of facts. Neither the commission nor any of its assistants shall in such proceeding consult with any other person or party except upon notice and an opportunity for all parties to participate, save to the extent required for the disposition of ex parte matters authorized by law. [L 1913, c 89, 2; RL 1925, 2190; am L 1933, c 141, 2; RL 1945, 4703; am L 1949, c 179, 1; RL 1955, 104-3; am imp L 1963, c 21, 1 and c 114, 3; HRS 269-3; am L 1972, c 118, 2; am L 1976, c 165, 2; am L 1983, c 219, 4; am L 1985, c 292, 1; gen ch 1985; am L 1989, c 178, 1; am L 1991, c 57, 4; gen ch 1993; am L Sp 1993, c 8, 53; am L 2000, c 253, 150; am L 2006, c 143, 1; am L 2007, c 177, 3; am L 2013, c 104, 2; am L 2014, c 108, 5]

 

Note

 

Restructuring of operations, etc. L 2007, c 177, 4; L 2013, c 104, 4.

 

 

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