15.06 APPOINTMENT OF DEPARTMENT HEADS; TERMS; DEPUTIES.
Subdivision 1. Applicability.
This section applies to the following departments or agencies:
the Departments of Administration, Agriculture, Commerce, Corrections, Education, Employee
Relations, Employment and Economic Development, Finance, Health, Human Rights, Labor
and Industry, Natural Resources, Public Safety, Human Services, Revenue, Transportation,
and Veterans Affairs; the Housing Finance and Pollution Control Agencies; the Office of
Commissioner of Iron Range Resources and Rehabilitation; the Bureau of Mediation Services;
and their successor departments and agencies. The heads of the foregoing departments or agencies
Subd. 1a. Application to Office of Enterprise Technology.
For the purposes of this section,
references to "commissioner" include the chief information officer of the Office of Enterprise
Subd. 2. Term of office; successor.
The term of a commissioner shall end with the term
of the office of governor. In addition, the term shall end if the governor vacates office. The
appointing authority shall submit to the president of the senate the name of an appointee as
permanent commissioner as provided by section
15.066, subdivision 2
, within 45 legislative days
after the end of the term of a commissioner and within 45 legislative days after the occurrence of
a vacancy. The appointee shall take office as permanent commissioner when the senate notifies
the appointing authority that it has consented to the appointment. A commissioner shall serve at
the pleasure of the appointing authority.
Subd. 3. Vacancy; temporary commissioner.
The purpose of this subdivision is to provide a
procedure to insure the immediate accession to office of a temporary commissioner in the event of
a vacancy in the office of commissioner. If at the end of a term of a commissioner the incumbent
commissioner is not designated as acting commissioner pursuant to subdivision 4, or if a vacancy
occurs in the office of a commissioner, the deputy commissioner as defined in subdivision 7 shall
immediately become temporary commissioner without further official action. If there is more than
one deputy commissioner, the appointing authority of the commissioner shall designate which of
the deputies shall be temporary commissioner. If there is no deputy commissioner, the appointing
authority of the commissioner shall designate a temporary commissioner.
Subd. 4. End of term; vacancy; acting commissioner.
The purpose of this subdivision is to
provide alternative means whereby an appointing authority may designate a person other than a
temporary commissioner to serve as acting commissioner until advice and consent of the senate is
received in respect to a permanent appointee. These alternative means include the following:
(1) At the end of the term of a commissioner, the incumbent commissioner may at the
discretion of the appointing authority serve as acting commissioner until a successor is appointed
(2) An appointing authority may appoint a person other than a deputy to serve as acting
commissioner and to replace any other acting or temporary commissioner designated pursuant
to subdivision 3 or 4.
(3) Prior to the advice and consent of the senate, the appointing authority may designate the
permanent appointee as commissioner.
Subd. 5. Effect of designation of acting or temporary commissioner.
A person who is
designated acting commissioner or temporary commissioner pursuant to subdivisions 3 or 4 shall
immediately have all the powers and emoluments and perform all the duties of the office. A
person who is designated permanent commissioner shall have all the powers and may perform all
the duties of the office upon receipt of the letter of appointment by the president of the senate
pursuant to section
. Upon the appointment of a permanent commissioner or acting
commissioner to succeed any other acting or temporary commissioner, the subsequent appointee
shall immediately take the place of any other acting or temporary commissioner. No person shall
serve as a permanent commissioner or acting commissioner after the senate has voted to refuse to
consent to the person's appointment as permanent commissioner. Notice of the designation of a
commissioner or acting commissioner, or the assumption of office by a temporary commissioner,
shall be filed with the president of the senate and the speaker of the house with a copy delivered to
the secretary of state and published in the next available edition of the State Register.
Subd. 6. General powers of commissioners.
Except as otherwise expressly provided by
law, a commissioner shall have the following powers:
(1) to delegate to any subordinate employee the exercise of specified statutory powers or
duties as the commissioner may deem advisable, subject to the commissioner's control; provided,
that every delegation shall be made by written order, filed with the secretary of state; and further
provided that only a deputy commissioner may have all the powers or duties of the commissioner;
(2) to appoint all subordinate employees and to prescribe their duties; provided, that all
departments and agencies shall be subject to the provisions of chapter 43A;
(3) with the approval of the commissioner of administration, to organize the department or
agency as deemed advisable in the interest of economy and efficiency; and
(4) to prescribe procedures for the internal management of the department or agency to the
extent that the procedures do not directly affect the rights of or procedure available to the public.
Subd. 7. Deputy commissioner.
For purposes of this section, a "deputy commissioner" shall
also include a "deputy director" when the department head bears the title "director". A deputy
commissioner of a department or agency specified in subdivision 1 shall be in the unclassified
civil service and shall be immediately subordinate to the commissioner. The deputy commissioner
shall have all the powers and authority of the commissioner unless the commissioner directs
otherwise, and shall speak for the commissioner within and without the department or agency.
The primary duty of a deputy shall be to assist the commissioner in the general management of
the entire department or agency or of major parts thereof, and shall not consist of operating single
functional areas. A deputy commissioner serves at the pleasure of the commissioner.
Subd. 8. Number of deputy commissioners.
Unless specifically authorized by statute, other
43A.08, subdivision 2
, no department or agency specified in subdivision 1 shall have
more than one deputy commissioner.
Subd. 9. Private employment.
No former commissioner or deputy commissioner may,
within one year after leaving the position of commissioner or deputy commissioner in a
department or agency, appear or participate in proceedings of that department or agency
representing the interests of private persons.
History: (53-1g) 1939 c 431 art 8 s 6; 1977 c 305 s 1; 1977 c 430 s 25; 1981 c 210 s 54; 1983
c 289 s 2,3; 1983 c 305 s 8,9; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1987 c 186 s 1; 1987 c 312 art
1 s 26 subd 2; 1991 c 345 art 2 s 8; 1994 c 483 s 1; 1Sp1995 c 3 art 16 s 13; 1Sp2001 c 4 art 6 s
5; 2003 c 130 s 12; 1Sp2003 c 4 s 1; 2004 c 206 s 5; 2005 c 156 art 5 s 2; 2007 c 148 art 2 s 9