45-104

45-104. Department organization; deputy
directors; employees; legal counsel; branch offices;
consultants

A. The director may establish and organize divisions within the department and
otherwise organize the department in the manner the director deems necessary to make the
operation of the department efficient and effective.

B. The director may appoint a deputy director to each division or organizational
unit that the director may establish. Deputy directors are exempt from the state
personnel system, shall serve at the pleasure of the director and are entitled to receive
compensation pursuant to section 38-611.

C. The director, within the classification and pay scales adopted by the state
personnel board, may employ, define the duties of and prescribe the terms and conditions
of employment of such clerical, technical, professional and administrative personnel as
necessary to efficiently perform the responsibilities of the department. Compensation for
all employees shall be pursuant to section 38-611.

D. The director may employ on a contract basis geologists, hydrologists, consulting
engineers, other expert consultants and engineering and other assistants as the director
deems advisable, who are not subject to the classification provided for in title 41,
chapter 4, article 5.

E. The director may utilize the services of accounting, legal or engineering
personnel made available by any department or agency of this state, who shall serve
without additional compensation.

F. The director may employ legal counsel to advise and represent the department in
connection with legal matters before other departments and agencies of this state, and
represent the department and this state in litigation concerning affairs of the
department. Legal counsel is not subject to the classification provided for in title 41,
chapter 4, article 5.

G. The director shall maintain the director's office in Phoenix and may establish a
branch office of the department in each active management area established pursuant to
chapter 2, article 2 of this title.

H. The director on behalf of the department may contract with private consultants
for the purposes of assisting the department in reviewing applications for licenses,
permits or other authorizations to determine whether an applicant meets the criteria for
issuance of the license, permit or other authorization. If the department contracts with
a consultant under this subsection, an applicant may request that the department expedite
the application review by requesting that the department use the services of the
consultant and by agreeing to pay the department the costs of the consultant's services.
Notwithstanding any other law, monies paid by applicants for expedited reviews pursuant
to this subsection are appropriated to the department for use in paying consultants for
services.