§ 25-14-101 - Creation -- Director -- Organization -- Personnel.

25-14-101. Creation -- Director -- Organization -- Personnel.

(a) There is created an Arkansas Department of Environmental Quality.

(b) The executive head of the department shall be the Director of the Arkansas Department of Environmental Quality. The director shall be nominated by the Arkansas Pollution Control and Ecology Commission and confirmed by the Governor, with the consent of the Senate, and shall serve at the pleasure of the Governor.

(c) (1) The department shall consist of the divisions found in the commission as of July 1, 1971, and any other divisions which may be created by law and placed under the department.

(2) There shall be created a new Division of Environmental Preservation which shall be responsible for reviewing and making specific ecologically oriented recommendations on all plans, programs, and projects of all other state departments, divisions, agencies, and commissions and upon all federal plans, programs, and projects affecting this state. To this end, all other departments, divisions, agencies, and commissions within this state are directed to cooperate with the department in fulfilling the department's responsibility defined in this chapter.

(3) Nothing in this subsection shall be construed to prevent the director, with the advice and consent of the Governor and the commission, from organizing the department into the divisions and units which may be necessary to effectively and efficiently administer the statutory responsibilities of the department.

(d) The director, with the advice and consent of the Governor, shall appoint the heads of the respective divisions. All of the personnel of the department shall be employed by and serve at the pleasure of the director. Nothing in this section shall be so construed as to reduce any right which an employee in the department shall have under any civil service or merit system.

(e) Each division of the department shall be under the direction, control, and supervision of the director. The director may delegate his or her functions, powers, and duties to various divisions of the department as he or she shall deem desirable and necessary for the effective and efficient operation of the department.