Delaware § 8403 Secretary; Deputy Secretary; division directors; Acting Secretary; appointment

Delaware Statutes

§ 8403 — Secretary; Deputy Secretary; division directors; Acting Secretary; appointment

Delaware·Title 29·Part Departments of Government·Ch. 84 DEPARTMENT OF TRANSPORTATION

(a)(1) The administrator and head of the Department is the Secretary of the Department of Transportation (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office. a. The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution. b. The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act. c. The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(2)The Secretary may designate a Deputy Secretary who shall be a person qualified by training and experience to perform the duties of the Deputy Secretary’s office. The Deputy Secretary shall serve at the p

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(a) (1) The administrator and head of the Department is the Secretary of the Department of Transportation (“Secretary”), who must be a person qualified by training and experience to perform the duties of the office.

a. The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

b. The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

c. The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(2) The Secretary may designate a Deputy Secretary who shall be a person qualified by training and experience to perform the duties of the Deputy Secretary’s office. The Deputy Secretary shall serve at the pleasure of the Secretary and shall have all the powers, duties, and functions of the Secretary, except the power to remove employees of the Department or to fix their compensation.

(b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position or positions of division director as are vacant. Directors so appointed shall serve at the pleasure of the Governor, and upon the position of Secretary being filled such directors may be removed by the Secretary with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Secretary and prior to the appointment of a successor, the Governor may appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary. The Secretary may, during an absence from the State, appoint the Deputy Secretary or director of any division of the Department to serve as Acting Secretary during such absence. In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during the Secretary’s absence or incapacity or until a successor is duly qualified and appointed.

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Legislative History

29 Del. C. 1953, § 8403; 57 Del. Laws, c. 514, § 1 ; 60 Del. Laws, c. 503, § 1 ; 67 Del. Laws, c. 46, §§ 57(b)-(d) ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 140, § 6 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 278, § 1 ; 84 Del. Laws, c. 455, § 10 ; 85 Del. Laws, c. 43, § 1