Title 32, Chapter 2, Section 41
(a) As the chief executive officer of the department, the
commissioner shall have direct and full control of the department.
He shall possess, exercise, and perform all the duties, powers, and
authority which may be vested in the department by law, except those
duties, powers, and authority which are expressly reserved by law to
the board. When the board is not in regular or called session, the
commissioner shall perform, exercise, and possess all duties,
powers, and authority of the board except:
(1) Approval of the advertising of nonnegotiated construction
(2) Approval of authority lease agreements;
(3) Confirmation or rejection of the recommendation for
appointment of the following department officers: the deputy
commissioner; the chief engineer; and the treasurer and the
assistant treasurer of the department; and
(4) Approval of long-range plans and programs of the department.
The commissioner shall also have the authority to exercise the power
of eminent domain and to execute all contracts, authority lease
agreements, and all other functions except those that cannot legally
be delegated to him by the board.
(b)(1) The commissioner shall have the authority to employ,
discharge, promote, supervise, and determine the compensation of
such personnel as he may deem necessary or useful to the effective
operation and administration of the department except that the
commissioner shall not employ a person who is related within the
second degree of consanguinity to the commissioner or any member
of the board, provided that such prohibition shall not be applied
so as to terminate the employment of persons employed before said
prohibited relationship was created by the subsequent election of
a board member or appointment of a commissioner. The commissioner
shall also have the authority to create, staff, abolish, and
regulate such organizational elements as may be deemed necessary
or proper for the efficient operation of the department.
(2) The power granted to the commissioner in paragraph (1) of this
subsection shall be subject to and limited by Article 1 of Chapter
20 of Title 45 establishing a merit system for department
employees, to the extent that the same or any amendments thereto
are now or may be hereafter applicable to department personnel.