§ 363. Officers generally
(a)(1) The General Assembly shall biennially elect an Adjutant and Inspector General for
a term of two years.
(2) An Adjutant and Inspector General appointed to fill a vacancy occurring during a term
shall serve the remainder of the unexpired term.
(3) In order to be eligible for election to serve as Adjutant and Inspector General, an
individual shall:
(A) have attained the rank of Colonel (O-6) or above;
(B) be a current member of the U.S. Army, the U.S. Air Force, the U.S. Army Reserve, the
U.S. Air Force Reserve, the Army National Guard, or the Air National Guard or be eligible
to return to active service in the Army National Guard or the Air National Guard;
(C) be a graduate of a Senior Service College; and
(D) be eligible for federal recognition.
(b) The Adjutant and Inspector General shall be granted the rank of a major general within
the State.
(c)(1) The Adjutant General may appoint a Deputy with the approval of the Governor. The Adjutant
General may also appoint an Assistant Adjutant General for Army, an Assistant Adjutant
General for Air, an Assistant Adjutant General for Joint Operations, a Command Sergeant
Major, and a Command Chief Master Sergeant, without pay, with the approval of the
Governor.
(2) The Adjutant and Inspector General may remove the appointed assistant adjutant generals
and sergeants and shall be responsible for their acts.
(3) Upon appointment, each Assistant Adjutant General shall be a federally recognized
officer of the National Guard of the rank of lieutenant colonel or above, and shall
have a rank of colonel or brigadier general within the State, and the Command Sergeant
Major shall be a federally recognized noncommissioned officer of the National Guard
of the rank of master sergeant or first sergeant or above, and the Command Chief Master
Sergeant shall be a federally recognized noncommissioned officer of the rank of senior
master sergeant.
(4) The Deputy, assistants, and sergeants shall perform duties as the Adjutant and Inspector
General shall direct.
(d)(1) In the absence or disability of the Adjutant and Inspector General, the Deputy shall
perform the duties of that office.
(2) In case a vacancy occurs in the office of Adjutant and Inspector General, the Deputy
shall assume and discharge the duties of the office until the vacancy is filled.
(e) Appointments made pursuant to subsections (a) and (c) of this section shall be in
writing and recorded in the Office of the Secretary of State.
(f) All other officers of the National Guard shall be chosen in accordance with rules
adopted by the Adjutant and Inspector General consistent with the laws of this State
and the United States. (Amended 1959, No. 81, eff. April 2, 1959; 1961, No. 2 eff. Feb. 16, 1961; 1965, No. 125, § 19, eff. July 2, 1965; 2003, No. 5, § 1; 2005, No. 67, § 1; 2017, No. 113 (Adj. Sess.), § 115; 2021, No. 10, § 3; 2021, No. 140 (Adj. Sess.), § 9, eff. May 27, 2022.)