Delaware Code Title 29. State Government § 8902. Appointment, qualifications, etc. Commissioner;  Deputy Commissioner;  bureau chiefs;  Acting Commissioner

(a) The administrator and head of the Department is the Commissioner of the Department of Correction (“Commissioner”), who must be a person qualified by training and experience to perform the duties of the office.

(b) In the event the position of Commissioner is vacant, the Governor, by appointment, shall have the power to fill the position or positions of Deputy Commissioner and bureau chief as are vacant.  Deputy Commissioner and chiefs so appointed shall serve at the pleasure of the Governor, and, upon the position of Commissioner being filled, such Deputy Commissioner and chiefs may be removed from office by the Commissioner with the written approval of the Governor.

(c) In the event of death, resignation, temporary incapacity or removal of the Commissioner and prior to the appointment of a successor, the Governor may appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner.  The Governor may during the Commissioner's absence from the State appoint the Deputy Commissioner or chief of any bureau of the Department to serve as Acting Commissioner during such absence.  In either case, the Acting Commissioner shall have all the powers and perform all the duties and functions of the Commissioner during such absence or incapacity or until the successor is duly qualified and appointed.