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This entry was published on 2014-09-22
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SECTION 7-103
Transitional provisions
Energy (ENG) CHAPTER 17-A, ARTICLE 7
§ 7-103. Transitional provisions. 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.