Unless otherwise provided by law, neither a department secretary nor any other employee of the executive branch of state government, or any agency, may, by administrative action, create an agency, board, commission or any other entity of state government. This section shall not apply to:
A. advisory committees created in accordance with Section 9 [ 9-1-9 NMSA 1978] of the Executive Reorganization Act; and
B. units within the internal structure of a department established under Subsection A of Section 4 [ 9-1-4 NMSA 1978] of the Executive Reorganization Act.