§ 13-301

(a) The Adjutant General:

(1) is the head of the Department;

(2) shall be appointed by the Governor with the advice and consent of the Senate;

(3) is subordinate only to the Governor in matters relating to the Department;

(4) shall have a commissioned grade not above that of Lieutenant General; and

(5) shall be a full–time employee of the Department in State active duty status.

(b) At the time of appointment, the Adjutant General shall:

(1) have at least 2 years of commissioned field grade service in the National Guard;

(2) have attained at least the rank of colonel; and

(3) meet the requirements for federal recognition at the rank of Major General.

(c) The Adjutant General is a member of the Governor’s Executive Council.

(d) If the Adjutant General is ordered into the active military service of the United States, the Governor may designate an acting Adjutant General to exercise the duties of the Adjutant General during the period the Adjutant General is on active military service.