2.__Vacancy; deputy commissioner.__A vacancy in the office of the commissioner must be filled as follows.

A.__Any vacancy of the commissioner's position must be filled in accordance with Title 5, section 1.

B.__The commissioner shall appoint one of the department's deputy commissioners to perform the duties of the commissioner during the commissioner's temporary absence or disability, in addition to the duties of that deputy commissioner.

§205.__Powers and duties of the commissioner

The commissioner has all of the powers and duties necessary to carry out the mission and purposes of the department.

1.__Employees.__The commissioner may employ personnel as__ necessary to carry out the work of the department.__All personnel of the department are under the immediate supervision, direction and control of the commissioner.__Department personnel must be employed subject to the Civil Service Law, except for deputy commissioners, associate commissioners, bureau and division heads, assistant deputy commissioners, the director of legal affairs, regional directors and directors of state mental health and mental retardation institutions.

2.__Administration.__The commissioner shall administer the department in accordance with the requirements of this Title and shall fulfill the duties prescribed by state and federal law.

3.__Seal.__The department is a cabinet-level department and has an official seal, which must be judicially noticed.

§206.__Rulemaking

The department shall adopt rules to implement this Title.__ Rules adopted pursuant to this section are routine technical rules, as defined in Title 5, chapter 375, subchapter 2-A, unless otherwise specified.

SUBCHAPTER 3

ADVISORY GROUPS

§301.__Health and Human Services Advisory Board