§354.1. Authorization for administrative reorganization and delegation of functions; authority of secretary

            A. The purpose of this Section is to streamline and modernize the operations of the department, provide flexibility to the department to respond to changing conditions, and ensure the continuity of effective administration.

            B. Where consistent with this Title and other applicable laws, the secretary is hereby authorized to:

            (1) Reorganize, consolidate, create, merge, or abolish divisions, offices, bureaus, sections, or other administrative units within the department as deemed necessary for the efficient, economical, and effective performance of its functions.

            (2) Delegate any function or duty vested in the secretary by law to any subordinate officer or employee within the department. Delegation may be rescinded by the secretary at any time.

            C. The secretary shall follow the following procedures for reorganization under this Section:

            (1) Where contemplated reorganization materially affects the procedural rights of the public or substantively changes the department's administrative processes, the secretary shall follow the provisions of the Administrative Procedure Act to implement such changes, but for any provision of this Title.

            (2) Where contemplated reorganization is internal, ministerial, or otherwise a minor reorganization that does not materially affect the procedural rights of the public or substantively change the department's administrative processes, the reorganization shall be effective upon a written order by the secretary. Such order shall be filed with the secretary of state and shall also be transmitted to the governor, the House Committee on Natural Resources and Environment, and the Senate Committee on Natural Resources for informational purposes.

            D. No provision of this Section shall be construed to limit or circumvent any rights of protections afforded to employees of the department under applicable state civil service rules or any other provisions of law. Any workforce adjustments made pursuant to any reorganization under this Section shall comply with the due process requirements set forth in applicable state civil service rules and law.

            E. The secretary shall submit an annual report to the House Committee on Natural Resources and Environment and the Senate Committee on Natural Resources detailing the nature, purpose, and results of any major reorganization undertaken in the preceding year, including any administrative consolidations, transfers of authority, or delegation changes that materially affect the public's procedural rights or the department's administrative processes.

            F. If any provision or item of this Section, or the application thereof, is held invalid, such invalidity shall not affect other provisions, items, or applications which can be given effect without the invalid provision or item, and to this end, the provisions of this Section are hereby declared severable.

            Acts 2025, No. 458, §4, eff. Oct. 1, 2025.