§ 8103 — Powers, duties and functions of the Secretary

The Secretary may:

(1) Supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions and employees;

(2) Appoint and fix the salary of, with the written approval of the Governor, the Deputy Secretary, who may be removed from office by the Secretary with the written approval of the Governor and who shall have such powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions in the administration and operation of the Department as may be assigned by the Secretary;

(3) Establish an agricultural lands preservation section within the Office of the Secretary and appoint such personnel as may be necessary for the administration of the duties set forth in Chapter 9 of Title 3. Chapter 59 of this title shall be applicable to the employees of the agricultural lands preservation section;

(4) Appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(5) Establish, consolidate or abolish such divisions, subdivisions and offices within the Department or transfer or combine the powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions of the divisions and offices within the Department as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions required by law shall be provided for and maintained;

(6) Make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(7) Delegate any of the Secretary’s powers, duties or functions the Harness Racing and Thoroughbred Racing Commissions and positions authorized in the Annual Appropriations Act assigned to the Commissions to a director of a division except the power to remove employees of the Department or to fix their compensation;

(8) Establish and promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State;

(9) Maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(10) Adopt an official seal or seals for the Department.

Legislative History

29 Del. C. 1953, § 8103; 57 Del. Laws, c. 368, § 1 ; 63 Del. Laws, c. 118, § 2 ; 67 Del. Laws, c. 52, §§ 3-5 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 89, § 305