Section 7-103. Transitional provisions


Latest version.
  • 1. Upon the transfer of functions
      pursuant to this article within the state fiscal year within which  this
      act  shall  take effect, provision shall be made for the transfer to the
      state energy office of employees of all directly affected state agencies
      whom the commissioner determines to be required by the  office,  subject
      to  the  approval  of  the  director of budget. Employees so transferred
      shall be transferred without further examination  or  qualification  and
      shall  retain  their respective civil service classifications and status
      until  or  unless  reclassified  or  reallocated.  For  the  purpose  of
      determining  the employees holding permanent appointments in competitive
      class positions to be transferred, such employees shall be  selected  in
      each class of positions in the order of their original appointment, with
      due  regard  to  the  right  of  preference in retention of disabled and
      nondisabled veterans. Any  such  employee  who,  at  the  time  of  such
      transfer,   has   a   temporary  or  provisional  appointment  shall  be
      transferred subject  to  the  same  right  of  removal,  examination  or
      termination as though such transfer had not been made. Employees holding
      permanent  appointments  in  competitive  class  positions  who  are not
      transferred pursuant to this section shall have their names entered upon
      an appropriate preferred list for reinstatement pursuant  to  the  civil
      service law.
        2.  The  directors  and  officers  of  state  agencies, the functions,
      powers, duties and obligations of which are transferred by this  chapter
      shall  deliver to the state energy office all books, papers, records and
      property of such agencies, and of the  directors  and  officers  thereof
      pertaining to the functions herein transferred.
        3.  For the purpose of succession to all functions, powers, duties and
      obligations of  state  agencies,  or  directors  and  officers  thereof,
      transferred  and  assigned  to,  devolved  upon and assumed by the state
      energy office, such office shall be deemed and held  to  constitute  the
      continuation of such agencies and not a different agency or authority.
        4.  Any business or other matter undertaken or commenced by any agency
      or the officers and directors thereof, pertaining to or  connected  with
      the  functions,  powers,  obligations  and duties hereby transferred and
      assigned, and pending on the effective date  of  this  chapter,  may  be
      conducted  and  completed  by the state energy office in the same manner
      and under the same terms and conditions and with the same effect  as  if
      conducted  and  completed  by  such  agencies,  directors  and  officers
      thereof.
        5. All rules, regulations, acts, determinations and decisions  of  all
      agencies and directors and officers thereof, pertaining to the functions
      transferred  and  assigned by this chapter to the state energy office in
      force at the time of such transfer, assignment, assumption or devolution
      shall  continue  in  force  and  effect  as  rules,  regulations,  acts,
      determinations  and  decisions  of  the  state  energy office until duly
      modified or repealed.
        6. Whenever any  agencies  or  directors  and  officers  thereof,  the
      functions,  powers  obligations  and  duties of which are transferred by
      this chapter to the state energy office are referred to or designated in
      any law, contract or  document  pertaining  to  the  functions,  powers,
      obligations  and  duties hereby transferred and assigned, such reference
      or designation shall be deemed to refer to the state energy office.
        7. No existing right  or  remedy  of  any  character  shall  be  lost,
      impaired or affected by reason of this chapter.
        8. No action or proceeding pending at the time when this chapter shall
      take  effect,  brought  by  or  against  any  agencies  or directors and
      officers thereof, the functions, powers, obligations and duties of which
      are transferred by this chapter to the  state  energy  office  shall  be
    
      affected  by  any  provisions  of  this  chapter,  but  the  same may be
      prosecuted or defended in the name of the state energy  office.  In  all
      such  actions and proceedings, the state energy office, upon application
      to the court, shall be substituted as a party.
        9.  All  appropriations  or  reappropriations  heretofore  made to any
      agency for the functions and purposes herein transferred  to  the  state
      energy  office  by  this  chapter,  segregated  pursuant  to law, or for
      employees transferred  pursuant  to  this  chapter,  to  the  extent  of
      remaining unexpended or unencumbered balances thereof, whether allocated
      or   unallocated  and  whether  obligated  or  unobligated,  are  hereby
      transferred to and made available for use and expenditure by  the  state
      energy  office subject to the approval of the director of the budget for
      the same purposes for which originally  appropriated  or  reappropriated
      and   shall  be  payable  on  vouchers  certified  or  approved  by  the
      commissioner on audit and  warrant  of  the  comptroller.  Payments  for
      liabilities  for expenses of personal service, maintenance and operation
      heretofore incurred by such agencies, in connection with  the  functions
      herein  transferred,  shall  also  be  made  on vouchers or certificates
      approved by the commissioner on audit and warrant of the comptroller.