50-4-3. Assignment for administrative purposes only; authorities to retain separate identities.

An agency assigned to a department for administrative purposes only shall:#

1. (1)

   Exercise its quasi-judicial, rule-making, licensing, or policy-making functions independently of the department and without approval or control of the department;#

2. (2)

   Prepare its budget, if any, and submit its budgetary requests, if any, through the department; and#

3. (3)

   Hire its own personnel if authorized by the Constitution of this state or by statute or if the General Assembly provides or authorizes the expenditure of funds therefor.#

The department to which an agency is assigned for administrative purposes only shall:#

1. (1)

   Provide record keeping, reporting, and related administrative and clerical functions for the agency;#

2. (2)

   Disseminate for the agency required notices, rules, or orders adopted, amended, or repealed by the agency;#

3. (3)

   Provide staff for the agency subject to paragraph (3) of subsection (a) of this Code section; and#

4. (4)

   Include in the departmental budget the agency’s budgetary request, if any, as a separate part of the budget and exactly as prepared and submitted to the department by the agency.#

Whenever any authority is assigned for administrative purposes, it means only that the state department through which the authority deals with the state shall be that department to which the authority is assigned. Any authority created by state law shall retain its separate identity as an instrumentality of the state and a public corporation. The department to which an authority is assigned is authorized, only with the approval of the authority, to perform for such authority any or all of the functions set forth in subsection (b) of this Code section.#