(a) There shall be a counsel to the Education Department and the University and such other personnel as may be appointed from time to time by the commissioner.

(b) The executive deputy commissioner shall be the Deputy Commissioner of Education as specified in section 101 of the Education Law. In the absence or disability of the commissioner or when a vacancy exists in the office of commissioner, the executive deputy commissioner shall exercise and perform the functions, powers and duties conferred or imposed on the commissioner by statute and by rule of the Regents.

(c) There shall be in the department, in addition to the divisions established by statute, such other divisions and such bureaus as shall be established by the commissioner with the approval of the Regents.