Delaware Code Title 29. State Government § 8102. Secretary;  Deputy Secretary;  Acting Secretary;  appointment

(a) The administrator and head of the Department is the Secretary of the Department of Agriculture (“Secretary”), who must be a person qualified by training and experience to perform the duties of the 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.  The 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 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 to serve as Acting Secretary.  The Secretary may, during an absence from the State, appoint the Deputy Secretary to serve as Acting Secretary during such absence.  In either case, the Acting Secretary shall have all the powers and shall perform all the duties and functions of the Secretary during such absence or incapacity or until the Secretary's successor is duly qualified and appointed.