(a) The administrator and head of the Department shall be the Secretary of the Department of Health and Social Services, who shall be a person qualified by training and experience to perform the duties of the office. The Secretary shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor. The Secretary shall be paid an annual salary not in excess of $34,000. The Secretary of the Department of Health and Social Services shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.
(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.
(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.
Structure Delaware Code
Chapter 79. DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Subchapter I. Establishment and Organization of Department
§ 7901. Establishment of Department of Health and Social Services.
§ 7902. Secretary; Deputy Secretary; division directors; Acting Secretary; appointment.
§ 7903. Powers, duties and functions of the Secretary.
§ 7904. Division of Public Health; Department of Health and Social Services.
§ 7905. Office of Women's Health.
§ 7905A. Office of Women's Health.
§ 7907. Delaware Nursing Home Residents Quality Assurance Commission.
§ 7908. Division of Substance Abuse and Mental Health.
§ 7908B. Division of Substance Abuse and Mental Health.
§ 7909. Behavioral Health Planning and Advisory Council.
§ 7909A. Division of Developmental Disabilities Services.
§ 7910. Advisory Council to the Division of Developmental Disabilities Services.
§ 7911. Division of Social Services.
§ 7912. Council on Family Services.
§ 7914A. The Governor's Commission on Community and Volunteer Services.
§ 7915. Council on Services for Aging and Adults with Physical Disabilities.
§ 7915A. Appointments to advisory commissions, boards and committees involved with the elderly.
§ 7918. Drug Control Coordinator; duties; powers.
§ 7919. Division of State Service Centers.
§ 7920. Division of Services for Aging and Adults with Physical Disabilities.
§ 7921. Books, records; access; annual report of Governor's Council.
§ 7923. Assumption of functions of prior agencies.
§ 7925. Definitions and references in other laws.
§ 7927. Misnomer of Department in donation.
§ 7928. Budgeting and financing.