A. The governor shall appoint a director of the department pursuant to section 38-211 to serve at the pleasure of the governor.

B. The qualifications of candidates for appointment as director shall be reviewed by a committee of five persons selected by the governor. Two of the members of the committee must be actively engaged in animal production, two members must be actively engaged in plant production and one member must be actively engaged in agribusiness, as their major sources of income. No two members may be residents of the same county. The committee shall submit the names of the most qualified candidates to the governor for his selection. The governor may request additional names from the committee if he deems it necessary. A new committee shall be appointed for each vacancy in the position of director.

C. The director must have at least a baccalaureate degree from an accredited college or university and five years of management experience in agriculture business or agriculture production plus experience in one or more of the following:

1. Business management.

2. Public administration.

3. Personnel management.

4. Law.

D. The director shall appoint:

1. A deputy director of the department who shall also supervise the central administrative service office.

2. An associate director for each division of the department.

3. An assistant director for each office established under section 3-102, subsection B.

E. The director is eligible for compensation as determined under section 38-611. The director, deputy director and associate and assistant directors are exempt from Title 41, Chapter 4, articles 5 and 6 relating to state service, and the deputy director and associate and assistant directors serve at the pleasure of the director. If a vacancy occurs in the office of deputy director or an associate or assistant director, the director may appoint any officer or employee of the department, or may serve himself, as acting deputy or associate or assistant director pending appointment of a permanent replacement.

F. The director may employ legal counsel to advise him, 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 exempt from Title 41, Chapter 4, articles 5 and 6 relating to state service and serves at the pleasure of the director.