1. (1)

   1. (a) The chief administrative officer of a division within the department is a director appointed by the executive director with the concurrence of the board having policy authority for the division.
   2. (b) The director of a division may be removed from office by the executive director.

   3. (c) Notwithstanding the provisions of this section, the appointment and term of office of:

      1. (i) the state engineer shall be in accordance with Section 73-2-1;
      2. (ii) the director of the Office of Energy Development shall be in accordance with Subsection 79-6-401(2); and
      3. (iii) the advisor of the Public Lands Policy Coordinating Office created in Section 63L-11-201 shall be in accordance with Subsection 63L-11-201(2).

2. (2)

   1. (a) The executive director has administrative jurisdiction over a division director for the purpose of implementing department policy as established by the division's board.

   2. (b) The executive director may:

      1. (i) consolidate personnel and service functions in the divisions to effectuate efficiency and economy in the operations of the department;
      2. (ii) establish a departmental services division to perform service functions; and
      3. (iii) employ law enforcement officers within the department that have all of the powers of a natural resources officer and law enforcement officer, with the exception of the power to serve civil process.

Amended by Chapter 140, 2025 General Session