2023 New Mexico Statutes › Chapter 9 - Executive Department › Article 29 - Early Childhood Education and Care Department › Section 9-29-6 - Secretary; duties and general powers.

A. The secretary is responsible to the governor for the operation of the department. The secretary shall manage the department's operations and ensure compliance with laws applicable to the department.
B. To perform the secretary's duties, and except as otherwise provided by law, the secretary may exercise powers granted to the department.
C. The secretary shall:
(1) except as otherwise provided by the Early Childhood Education and Care Department Act, exercise general supervisory and appointing power over all department employees in accordance with personnel laws;
(2) delegate power to department employees as necessary and appropriate and, in doing so, clearly delineate the limits of the delegated power;
(3) employ and fix the compensation of employees as necessary to perform the duties imposed by law on the secretary and the department;
(4) issue administrative orders and instructions to ensure implementation of and compliance with laws the secretary is charged with administering and enforce those orders and instructions through the courts;
(5) conduct research and studies to improve the department's operations and its delivery of programs;
(6) improve department operations and efficiency and promote the delivery of comprehensive, coordinated, culturally sensitive programs that address overall child well-being and early learning;
(7) provide courses of instruction and practical training for department employees and others involved in administering department programs; and
(8) prepare an annual budget for the department.
D. The secretary, in the name of the department and with the governor's approval, may apply for and receive public or private funding to carry out department programs, duties and services.
E. The secretary and division directors may promulgate reasonable rules as necessary to perform the department's duties. A rule promulgated by a division director is effective only with the secretary's approval.
History:
Laws 2019, ch. 48, § 6.
ANNOTATIONS
Effective dates.
— Laws 2019, ch. 48, § 38 made Laws 2019, ch. 48, § 6 effective July 1, 2019.
Temporary provisions.
— Laws 2019, ch. 48, § 35 provided:
A. After July 1, 2019, the governor may appoint the secretary-designate of early childhood education and care and may allow the secretary-designate to appoint division directors to assist with the transition. The governor shall convene a working group made up of the secretaries of finance and administration, early childhood education and care, children, youth and families and health to plan for the orderly transition of programs and personnel to the early childhood education and care department. The secretaries shall assign staff as necessary to assist the transition. All state agencies shall assist the working group as requested. The following state agencies shall provide the following services:
(1) the general services department shall assist in locating the early childhood education and care department in a state building or an appropriate leased facility;
(2) the department of finance and administration shall set up the administrative services division of the early childhood education and care department and ensure the orderly transition of administrative systems from the children, youth and families department and the department of health to the early childhood education and care department; and
(3) the department of information technology shall set up administrative, programmatic, data and other required systems and ensure the orderly transfer of pertinent data from the children, youth and families department and the department of health to the early childhood education and care department and shall ensure the compatibility of the three systems.
B. Between July 1, 2019 and July 1, 2020, the accounts and financial control functions that will belong to the early childhood education and care department shall continue being performed by the administrative services divisions of the children, youth and families department, the public education department, the human services department [health care authority department] and the department of health, as appropriate; provided, however, that the administrative services divisions of the children, youth and families department and the department of health shall provide for separate reporting of accounts and finances between the early childhood education and care department and the children, youth and families department and the department of health and shall provide necessary administrative services related to the early childhood education and care department at the direction of the secretary of early childhood education and care.