There is a Department of Human Services established as a principal department of the State government.

With the advice and consent of the Senate, the Governor shall appoint the Secretary of Human Services. The Secretary is the head of the Department. Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution. The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters. The Secretary is entitled to the compensation provided in the State budget. The Secretary shall have a seal.

The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.

With the approval of the Governor, the Secretary shall appoint three deputy secretaries. The deputy secretaries: serve at the pleasure of the Secretary; and are entitled to the compensation provided in the State budget. The deputy secretaries have the duties delegated by the Secretary. The Secretary shall designate a deputy secretary to be the acting secretary when the Secretary is absent from the State or otherwise unavailable.

In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary. The Secretary may designate a staff assistant to be in charge of a particular area of responsibility. The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant. An employee specified in subparagraph (i) of this paragraph: is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and serves at the pleasure of the Secretary. Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.

If the Secretary is required by law to make an appointment with the approval of the Governor to a particular office in the Department and the appointee is required to serve at the pleasure of the Secretary, the Secretary may not remove the appointee without first obtaining the Governor’s approval.

The appointment or removal of personnel by a unit in the Department is subject to the approval of the Secretary. The Secretary may delegate the power of approval established under subsection (a) of this section to the head or governing body of the unit.

This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel. The Attorney General is the legal adviser to the Department. The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units. The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary. The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.

The Secretary shall adopt regulations for the office of the Secretary. The Secretary shall review regulations proposed by a unit in the Department. The Secretary may approve, disapprove, or revise regulations proposed by a unit in the Department.

The Secretary is responsible for the budget of the office of the Secretary and for the budget of each unit in the Department.

The Secretary is responsible for planning activities of the Department. The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.

The Secretary may exercise or perform any power, duty, responsibility, or function of any unit in the Department.

In addition to any advisory boards established by law, the Secretary, with the approval of the Governor, may create advisory boards or use as an advisory board any existing commission established by executive order.