(a) In accordance with the State budget, the Secretary may set the compensation of a Department employee in a position that:
(1) is unique to the Department;
(2) requires specific skills or experience to perform the duties of the position; and
(3) does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(b) The Secretary of Budget and Management shall determine:
(1) position categories for special appointments in the Department; and
(2) in consultation with the Secretary, the positions for which the Secretary may set compensation under subsection (a) of this section.