§ 9-29-4 NMSA 1978

The chief executive and administrative officer of the department is the "secretary of early childhood education and care". The governor, with the advice and consent of the senate, shall appoint a person who has experience in early childhood education or care programs to serve as secretary. The secretary shall serve in and have the duties, responsibilities and authority of that position during the period before final action by the senate confirming or rejecting the secretary's appointment. The secretary shall serve in the executive cabinet and shall serve in the role of secretary at the pleasure of the governor.