(a) Continuity of authority. A department, institution, agency or authority to which functions, powers or duties are assigned or transferred under the provisions of any act of the General Assembly shall constitute a successor as to such matters and not a grant of new authority.
(b) Continuance of orders and regulations. Any order or regulation of a department, institution or agency, or of a division thereof, the functions, powers or duties of which are so assigned or transferred, which is in force at the time of such assignment or transfer, shall continue in force and effect as an order or regulation of the department, institution, agency or authority to which such assignment or transfer is made until amended, repealed or superseded pursuant to law.
(c) Pending actions and proceedings. The assignment or transfer of any of the functions, powers or duties of a department, institution or agency, or any division thereof, under the provisions of any act of the General Assembly shall not affect any action or proceeding, civil or criminal, pending at the time of such assignment or transfer, and the proper party shall be deemed substituted in such action by operation of this section without motion or order.
(d) Completion of unfinished business. Any contract, right of action or matter undertaken or commenced by any department, institution or agency, or any division thereof, the functions, powers or duties of which are so assigned or transferred, may be conducted and completed by its successor in the same manner and under the same terms and conditions and with the same effect as if undertaken or commenced and conducted and completed by the department, institution or agency, the functions, powers and duties of which are so assigned or transferred.
(e) Officers and employees; general transfer. Officers and employees of any department, institution or agency, or any division thereof, the functions, powers or duties of which are so assigned or transferred, shall be assigned or transferred to the department or authority to which such assignment or transfer is made, subject to any statutes or regulations governing the employment of state employees. If the duties of any such officer or employee pertain to functions which are divided and assigned to two or more departments, institutions, agencies or authorities, the heads thereof shall determine the department, institution, agency or authority to which such officer or employee shall be transferred and, if they are unable to agree, such determination shall be made by the Governor.
(f) Records and property; general transfer. Unless otherwise expressly provided by law, the head of a department, institution or agency, the functions, powers or duties of which are so assigned or transferred, shall deliver to the department, institution, agency or authority to which such assignment or transfer is made all contracts, books, maps, plans, papers, records and property pertaining to or used in connection with the functions, powers or duties so assigned or transferred.
(1949 Rev., S. 278; P.A. 77-614, S. 9, 610; P.A. 86-281, S. 10.)
History: P.A. 77-614 added word “contract” in Subsec. (d); section transferred from Sec. 4-38 to Sec. 4-38d in 1979; P.A. 86-281 added references to “authority” throughout section.
Cited. 148 C. 591; 222 C. 414.
Subsec. (a):
Supervision of trusts and appointment of trustees is judicial function and not a legislative power; transfer under section of duties of commission on fine arts to public works commissioner carried with it only the power to act as trustee. 140 C. 124.
Structure Connecticut General Statutes
Title 4 - Management of State Agencies
Chapter 48 - Organization of State Agencies
Section 4-38c. - Departments within the executive branch.
Section 4-38e. - Receipt of federal aid by successor agency or authority.
Section 4-38h. - Rights of state employees unaffected by public act 77-614*.
Section 4-38i. - Collective bargaining rights of state employees unaffected by public act 77-614.
Section 4-38j. - Reports to General Assembly on program and implementation of reorganization.
Section 4-40. - Determination of salaries not prescribed by law.
Section 4-40a. - Compensation and expenses of licensing boards and commissions.
Section 4-41 to 4-50. - Regulations of state agencies.
Section 4-51. - Seals for state departments.
Section 4-52. - Trustee account defined.
Section 4-53. - Establishment of trustee accounts.
Section 4-54. - Management of trustee accounts.
Section 4-55. - Statement of trustee account operations.
Section 4-56. - Separate account for student or client funds.
Section 4-57. - Financial reports on general welfare funds.
Section 4-57a. - Activity fund for inmates. Management of fund. Correctional General Welfare Fund.
Section 4-58. - Disposition of unclaimed property in custody of heads of state institutions.
Section 4-58a. - Mutual aid fire pacts between state institutions and municipalities.
Section 4-59. - Forms of reports to state officers.
Section 4-60. - Annual reports of budgeted agencies.
Section 4-60a to 4-60c. - State Planning Council.
Section 4-60d. - Legislative Committee on State Planning and Development.
Section 4-60e. - Existing rights and duties of state agencies not affected.
Section 4-60k. - Demonstration programs.
Section 4-60m and 4-60n. - Direction of agency improvements and changes. Plan and report.
Section 4-60o. - Office of Child Day Care.
Section 4-60p. - State agencies as members of public-private consortia.
Section 4-60q. - Toll-free telephone access to state agencies.
Section 4-60t. - Posting of manuals and guidance documents on Internet web site.
Section 4-61. - Actions against the state on highway and public works contracts. Arbitration.
Section 4-61a. - Inventions and discoveries by state employees.
Section 4-61aa. - Committee to advise state Americans with Disabilities Act coordinator.
Section 4-61hh. - Volunteers in state government. Definitions.
Section 4-61ii. - Volunteer programs within state agencies.
Section 4-61jj. - Incidental benefits. Fulfillment of experience or training requirements.
Section 4-61kk. - Exemption from title 5. Compliance with regulations.
Section 4-61ll. - Benefits or reimbursements to volunteers.
Section 4-61m. - Council on Voluntary Action. Director. Duties.
Section 4-61mm. - Evaluation of volunteer program to be included in annual report.
Section 4-61nn. - Adaptation of administration of tests to needs of persons with disabilities.
Section 4-61t. - Committee on Career Entry and Mobility. Members. Duties.
Section 4-61w. - Composition of employees in career mobility program.