(1) The executive director shall, with the approval of the governor, appoint the director. (2) The director: (a) shall exercise all powers given to, and perform all duties imposed on, the division; (b) has administrative jurisdiction over the division and each office within the division; (c) may make changes in division personnel and service functions under the director's administrative jurisdiction; and (d) may authorize a designee to perform appropriate responsibilities. (3) The director may, to facilitate division management, establish offices and bureaus to perform division functions. (4) (a) The director may hire employees in the division and offices of the division as permitted by division resources. (b) Except as provided in Subsection (5), each employee of the division is exempt from career service or classified service status as provided in Section 63A-17-301. (5) (a) Unless the employee voluntarily converted to an exempt position described in Section 63A-17-301, an employee of an executive branch agency who was a career service employee as of July 1, 2005, who was transferred to the division at the time it was newly created as the Department of Technology Services continues in the employee's career service status during the employee's service to the division if the duties of the position in the division are substantially similar to those in the employee's previous position. (b) A career service employee transferred under the provisions of Subsection (5)(a), whose duties or responsibilities subsequently change, may not be converted to exempt status without the review process required by Subsection 63A-17-301(3).
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