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1. The commissioner shall be appointed by the governor, by and with the advice and consent of the senate and shall hold office until the end of the term of the governor by whom he was appointed and until his successor is appointed and has qualified. 2. The present commissioner shall be the head of the department and shall hold office until the expiration of his present term and until his successor is appointed and has qualified. If, prior to the expiration of such present term, a vacancy shall occur or exist in the office of the commissioner it shall be filled by appointment by the governor, by and with the advice and consent of the senate, for a term expiring with that of the governor by whom the appointment was made. 3. During his term of office the commissioner shall not engage in any occupation which conflicts with the performance of his official duties.