§ 128-15.2. Appointment of acting heads of certain agencies.
§128‑15.2. Appointment of acting heads of certain agencies.
In every case where a Stateboard or commission is authorized by statute to appoint the executive head of aState agency or institution, that board or commission may appoint an actingexecutive head of that agency or institution to serve
(1) During the physicalor mental incapacity of the regular holder of the office to discharge theduties of his office,
(2) During the continuedabsence of the regular holder of the office, or
(3) During a vacancy inthe office and pending the selection and qualification of a person to servefor the unexpired term.
An acting executive head of aState agency or institution appointed in accordance with this section mayperform any act and exercise any power which a regularly selected holder ofsuch office could lawfully perform and exercise. All powers granted to anacting executive head of a State agency or institution under this section shallexpire immediately
(1) Upon the terminationof the incapacity of the officer in whose stead he acts,
(2) Upon the return ofthe officer in whose stead he acts, or
(3) Upon the selectionand qualification of a person to serve for the unexpired term.
Each State board or commissionmay determine (after such inquiry as it deems appropriate) that the executivehead of a State agency or institution whom it is authorized by statute toappoint is physically or mentally incapable of performing the duties of hisoffice. Each such board or commission may also determine that such incapacityhas terminated. (1959, c. 284, s. 1.)