The Director of Transportation, with the approval of the Attorney General and subject to the state Merit System law, may appoint assistant counsel as may be necessary to transact the legal business of the Department of Transportation. The chief counsel and the assistant counsel shall each be commissioned as assistant attorneys general. The chief counsel and the assistant counsel and their stenographic and clerical assistants shall constitute the legal division of the Department of Transportation. The director shall consider the racial, gender, geographic, urban/rural, and economic diversity of the state when appointing assistant counsel.
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