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

   1. (1) The Secretary is appointed, confirmed, and holds office as provided in § 10 of Article III of the Delaware Constitution.
   2. (2) The Secretary is to be paid an annual salary as determined by the General Assembly in the annual appropriations act.
   3. (3) The Secretary must obtain and retain residency in this State as provided in § 10 of Article III of the Delaware Constitution.
2. (b) In the event the position of Secretary is vacant, the Governor, by appointment, shall have the power to fill the position of Deputy Secretary if vacant. A Deputy Secretary so appointed shall serve at the pleasure of the Governor and upon the position of Secretary being filled such Deputy Secretary may be removed from office by the Secretary with the written approval of the Governor.
3. (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 the 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 the 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 perform all the duties and functions of the Secretary during such absence or incapacity or until a successor is duly qualified and appointed.

29 Del. C. 1953, § 7902; 57 Del. Laws, c. 301, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 140, § 1; 73 Del. Laws, c. 68, §§ 1-3; 84 Del. Laws, c. 278, § 1; 84 Del. Laws, c. 455, § 5; 85 Del. Laws, c. 43, § 1