SECTIONS 11150-11162 - California Statutes

GOVERNMENT CODE

SECTION 11150-11162

11150. It is the policy of this State to vest in the Governor the
civil administration of the laws of the State and for the purpose of
aiding the Governor in the execution and administration of the laws
to divide the executive and administrative work into departments as
provided by law.

11151. Each department shall maintain an office and the director of
each department who is a member of the Governor's council shall
reside at Sacramento. Each department shall adopt and keep an
official seal.

11152. Subject to the approval of the Governor, the head of each
department may arrange and classify the work of the department and
consolidate, abolish, or create divisions thereof. So far as
consistent with law the head of each department may adopt such rules
and regulations as are necessary to govern the activities of the
department and may assign to its officers and employees such duties
as he sees fit. For the betterment of the public service, he may
reassign to any employees under the chief of any division, such
duties as he sees fit.

11152.5. Wherever, pursuant to this code, any state department,
officer, board, agency, committee, or commission is authorized to
adopt rules and regulations, such rules and regulations which are
building standards, as defined in Section 18909 of the Health and
Safety Code, shall be adopted pursuant to the provisions of Part 2.5
(commencing with Section 18901) of Division 13 of the Health and
Safety Code unless the provisions of Sections 18930, 18933, 18938,
18940, 18943, 18944, and 18945 of the Health and Safety Code are
expressly excepted in the provision of this code under which the
authority to adopt the specific building standard is delegated. Any
building standard adopted in violation of this section shall have no
force or effect. Any building standard adopted prior to January 1,
1980, pursuant to this code and not expressly excepted by statute
from such provisions of the State Building Standards Law shall remain
in effect only until January 1, 1985, or until adopted, amended, or
superseded by provisions published in the State Building Standards
Code, whichever occurs sooner.

11153. Except as otherwise provided by law, each division of a
department shall be in charge of a chief who shall be appointed by
the head of the department and receive such compensation as is fixed
according to law. When a new division is created and a new chief
appointed the salary of the chief shall be fixed by the Governor
until fixed by the Legislature and shall not exceed the compensation
paid for like services.

11154. Except as otherwise provided by law, the head of each
department may, with the approval of the Governor, appoint such
officers and employees as are necessary; and prescribe their duties,
and fix their salaries in accordance with classifications made by the
State Personnel Board.

11155. The head of a department has no authority to obligate the
State for salaries in excess of money available by law for that
purpose.

11156. In addition to any bonds required by the Director of General
Services the head of each department may require any officer or
employee in his department to execute an official bond in such amount
as he determines.

11157. The Attorney General is the legal adviser of each department
in all matters relating to the department and to the powers and
duties of its officers. Upon request of the head of a department, the
Attorney General, or under his direction, the district attorney of
any county in which the proceeding is brought, shall aid in any
investigation, hearing, prosecution or trial had under the laws which
the department is required to administer, and shall institute and
prosecute all necessary actions or proceedings for the enforcement of
such law and for the punishment of all violations thereof.

11158. The sheriffs in the several counties shall execute all
lawful orders of a department in their counties.

11159. Whenever a department succeeds to and is vested with the
duties, powers, purposes, responsibilities and jurisdiction of a
State agency, deputy, employee, or employment, the name or
designation of the State agency, deputy, employee, or employment and
of its several members, officers, deputies and employees, when used
in any law then in force or thereafter enacted, shall be construed to
mean the department, as though the title of the department had been
specifically set forth in the law.

11160. Whenever a department is invested with the power and is
charged with the duty of administering and enforcing any law which
imposes a duty or jurisdiction or confers an authority upon any State
agency, deputy or employee, to administer its provisions, the duty,
jurisdiction, and authority are hereby imposed upon and transferred
to the department and its officers, deputies and employees with the
same effect as if the name of the department occurred in the law in
each instance in lieu of the name of the State agency, the member,
officer, deputy or employee, as the case may be.

11161. Every person is subject to the same obligations and duties,
and has the same rights as if the rights, powers and duties imposed
upon and transferred to a department were exercised by the State
agency, deputy or employee designated in the laws administered by
departments created in conformity with this chapter. Every person is
subject to the same penalties, civil or criminal, for failure to
perform any obligation, or duty, or for doing a prohibited act as if
the obligation or duty arose from or was prohibited by the State
agency, deputy or employee, designated in the laws administered by
the department.

11162. Every State officer, deputy and employee is subject to the
same penalties, civil or criminal, for any offense as are prescribed
by existing law for the same offense by any officer, deputy or
employee whose powers or duties are devolved upon him under any law
creating a new department. No law creating a new department affects
any act done, ratified, or confirmed, or any right accrued or
established, or any offense committed, or any action or proceeding
had or commenced in a civil or criminal cause before such law takes
effect; but such right may be enforced, offense punished and action
or proceeding prosecuted and continued by the department having or
acquiring jurisdiction of the subject matter to which such litigation
or proceeding pertains, with the same effect as if the transfer of
such rights powers, duties, responsibilities and jurisdiction had not
been made to the department.