Current through 2024 Legislative Session Act Chapter 510
Section 8711 - Transfers and continuity(a) All books, records, papers, maps, charts, plans and other material including, but not limited to, any equipment in the possession of any agency of the State and used in connection with a function transferred by this chapter to the Department shall on the effective date of this chapter be delivered into the custody of the Department. All investigations, petitions, hearings and legal proceedings pending before or instituted by any agency from which functions are transferred and not concluded prior to the effective date of this chapter shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by or in the name of the Department. All orders, rules and regulations made by any agency from which functions are transferred and governing such functions and which are in effect upon the effective date of this chapter shall remain in full force and effect until revoked or modified in accordance with law by the Department. All contracts and obligations of any agency made or undertaken in the performance of a function transferred to the Department and, being in force on the effective date of this chapter, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department.(b) Employees of any commission, board, department, council or agency, whose functions are consistent with and have been transferred to the Department by this chapter, shall continue and be deemed to be the employees of the Department on the effective date of this chapter and, where applicable, with all the benefits accrued as merit employees as of the effective date of this chapter.(c) All definitions and references to any commission, board, department, council or agency which appear in any other act or law shall, to the extent that they are consistent with this chapter and in connection with a function transferred to the Department, be construed as referring and relating to the Department of State as created and established in this chapter.(d) All definitions and references to any director, commissioner, executive secretary, commission, board or council member or other similar person which appear in any other act or law, shall, to the extent that same are consistent with this chapter, and in connection with a function transferred to the Department, be construed as referring or relating to such person or persons and their powers, duties and functions as established and created in this chapter.29 Del. C. 1953, § 8711; 57 Del. Laws, c. 570, § 1.;