Delaware § 8902 Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner

Delaware Statutes

§ 8902 — Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner

Delaware·Title 29·Part Departments of Government·Ch. 89 DEPARTMENT OF CORRECTION·Subch. General Provisions

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

(1)The Commissioner is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2)The Commissioner is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

(3)The Commissioner must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(b)In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant.

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

(1) The Commissioner is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.

(2) The Commissioner is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.

(3) The Commissioner must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.

(b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant. Deputy Commissioner and chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such Deputy Commissioner and chiefs may be removed from office by the Commissioner with the written approval of the Governor.

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

Delaware § 8902 (Appointment, qualifications, etc., of Commissioner; Deputy Commissioner; bureau chiefs; Acting Commissioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

60 Del. Laws, c. 251, § 14 ; 70 Del. Laws, c. 186, § 1 ; 72 Del. Laws, c. 140, § 9 ; 78 Del. Laws, c. 305, § 4 ; 83 Del. Laws, c. 31, § 1 ; 84 Del. Laws, c. 42, § 1 ; 84 Del. Laws, c. 278, § 1 ; 84 Del. Laws, c. 455, § 14 ; 85 Del. Laws, c. 43, § 1