Okla. Admin. Code § 730:1-5-1

Current through Vol. 42, No. 4, November 1, 2024

Section 730:1-5-1 - Powers and duties of Director

The Director is hereby granted all the powers and the authority necessary for the orderly operation of the Department of Transportation, (B) not in conflict herewith or prohibited by law, including, but not limited to the following:

(1)General duties.

(A) To approve and pay claims for all lawful expenses of the Department.

(B) To act as the claims and request officer for the Transportation Commission and the Department.

(C) To appoint Deputy Directors and Assistant Directors as he may deem necessary, and to delegate to them appropriate authority and responsibility.

(D) To effect changes in the Department's organizational structure and personnel, with any change at the division level and above being subject to approval by the Commission.

(E) To keep the Commission informed on the Department's operations and official actions.

(F) To appoint and employ, supervise, and discharge in accordance with the Oklahoma Personnel Act and the Merit Rules for Employment all such professional, clerical, skilled and semi-skilled help, labor and other employees as may be deemed necessary for the proper and lawful discharge of the duties of the Department.

(G) To establish and maintain training and educational programs.

(H) To keep a journal and to record therein such matters as he may deem necessary or advisable, or which the Commission may direct.

(I) To be the keeper of the official seal of the Commission and the Department.

(J) To make Department budgetary transfers within statutory limitations and Commission authorization.

(K) To cooperate with governing bodies of cities and towns and the boards of county commissioners of the various counties on the basis prescribed by state and federal law, to the end that joint efforts will be coordinated to attain a maximum of transportation development and service.

(L) To execute releases on behalf of the Commission in compromise of claims pursuant to 69 O.S. Section 1002.

(M) To approve claims for returning to local units of government any surplus funds deposited by the local unit of government to match federal or state funds used for federal aid or state aid projects, after completion of the project and final payment has been made.

(N) To act on requests by boards of county commissioners for the transfer of old bridges or sections thereof removed from the state highway system by new construction projects, and to execute agreements setting out the terms of such transfers.

(O) To use consulting engineers' services in the preparation of functional and construction plans where such services are necessary due to special technical nature of contemplated construction or when the Director determines that such consulting services are necessary in the best interest of the Department in order to accommodate a construction programs approved by the Transportation Commission. Contracts with consulting engineers will contain a provision binding the consultants' employees and officers to the same rules and regulations as Department employees insofar as conflict of interest is concerned. The requirements for determining the need for such consulting engineers; services are set forth in OAC 730:30-5-1.

(P) To authorize Department personnel to initiate legal proceedings to take enforcement actions authorized by statute or regulation on behalf of the State and to recover for damages to state property under the care, custody, or control of the Department or to initiate criminal prosecution.

(Q) To, in person or by designee, appear and participate with full authority at settlement conferences as directed by federal or state courts.

(R) To issue more detailed instructions by appropriate orders, policies, or memoranda, not inconsistent with this Title for the general guidance and administration of the Department.

(2)Contracts and agreements.

(A) To execute or cause to be executed all contracts and agreements on behalf of the Commission and Department, unless otherwise provided by law.

(B) To issue work orders to commence work on construction contracts.

(C) To approve contract extensions or modifications made necessary by developments arising subsequent to award and execution of construction contracts, except where prior Commission approval is required by law.

(D) To approve and execute change orders and supplemental agreements in a total amount of not to exceed Five Hundred Thousand Dollars ($500,000.00) on a contract. The Director may further delegate to field division engineers authority to approve and execute change orders and supplemental agreements in a total amount of not to exceed One Hundred Fifty Thousand Dollars ($) 150,000.00 on a contract. In no event shall the total amount of such change orders exceed the limits set forth in 61 O.S. §121. Change orders approved by the Director or field division engineer shall be presented to the Commission at its next regular or special business meeting stating the reasons for the change order and supplemental agreement with such other information as the Commission may require.

(E) To execute and process contractual awards to the individual counties on county sponsored federal aid projects to be constructed by county forces with county and federal funds, subject to applicable regulations of the United States Department of Transportation.

(F) To execute and process contractual awards to railroad companies for railroad crossing protection projects to be constructed on a force account basis by the railroad company with railroad and/or federal funds, subject to the concurrence of the United States Department of Transportation.

(G) To approve or disapprove requests by utility companies and municipalities for permits to attach pipe lines, telephone cables, and other authorized utility lines to bridges on the state highway system, and to change permit fees in accordance with the schedule of fees provided in OAC 730:30-7-1.

(3)Federal aid.

(A) To act for and represent the Department in all official matters involving the United States Department of Transportation or any other agency of the United States government, for the purpose of executing federal aid programs.

(B) To make or withhold commitments, execute contracts and agreements, and to bind the Department by any other action which the Department may lawfully do relating to programmed items or projects previously approved by the Commission; provided, however, that whenever the United States Department of Transportation requires a commitment to program an item in the future, such requirement shall be submitted to the Commission for approval, before any action is taken.

(C) To execute the Federal Highway Administration's revision forms to provide for changes in termini, cost, length, and character of proposed work; provided that such changes in county programs shall be made only in accordance with plans, specifications and estimates officially submitted by the board of county commissioners of the county in which the programmed project is located or as requested by resolution of the board. On federal aid projects such changes shall be made only when the detailed information obtained after the approval of the programmed project shows a necessity to change from those features that were provided in the approved programming item. Significant changes such as cost or length will require prior approval of the Transportation Commission before execution by the Director.

(4)Emergency contracts.

(A) To declare the existence of an emergency situation, provided that:

(i) As used in this subparagraph, the term "emergency" shall be limited to conditions resulting from a sudden unexpected happening or unforeseen conditions and wherein the public health or safety is endangered; and

(ii) The Director notifies the Commission of such action within ten (10) days from the date thereof by written notification containing a statement of the reason therefore, which statement shall be recorded in the official minutes of the next regular meeting of the Commission.

(B) Upon the declaration of an emergency situation as above-defined, the Director shall be authorized to enter into any contract not exceeding Seven Hundred and Fifty Thousand Dollars ($750,000.00) in amount, without complying with those provisions of the Public Competitive Bidding Act of 1974, as amended, for construction or repair of any highway, bridge or other structure or facility under the jurisdiction of the Department for the protection and preservation of the public health and safety and elimination of the danger thereto.

(C) To accept bids, award, and execute emergency contracts on projects where the Commission has, pursuant to 61 O.S> Section 130, declared that an emergency exists.

(5)Traffic control.

(A) To place and maintain traffic signs, markings, and other traffic control devices required under Oklahoma Law to make effective the provisions of said law, and to place and maintain such additional traffic control devices not in conformance with the "Manual on Uniform Traffic Control Devices for Streets and Highways" as prepared by the National Joint Committee on Uniform Traffic Control Devices. To maintain an official listing or record of:

(i) Through highways and stop or yield intersections.

(ii) Speed zones.

(iii) One-way roadways.

(iv) Turn restrictions.

(v) Additional parking restrictions or prohibitions.

(vi) Traffic control signals.

(B) To take actions necessary to effectuate the provisions of the traffic laws of the State of Oklahoma and to make temporary or experimental regulations to cover emergencies or special conditions. No experimental regulations shall remain in effect for more than 90 days. Emergency, temporary, and experimental regulations shall have the same force and effect as regulations adopted by the Commission and must be submitted to the Commission at its first regular meeting after the regulation is put into effect.

(6)Right-of-way.

(A) To make a determination that the establishment of a right-of-way line is a technical matter, and delegate to the Right-of-Way Division the authority to make such decisions; and further that the Chief, Right-of-Way Division be authorized and empowered to appear in court to justify the necessity of right-of-way takings.

(B) To execute all deeds, releases, and other instruments pertaining to the disposal of surplus real property and to delegate such authority to others.

Okla. Admin. Code § 730:1-5-1

Amended at 12 Ok Reg 1833, eff 6-12-95 ; Amended at 13 Ok Reg 1381, eff 5-13-96 ; Amended at 14 Ok Reg 3765, eff 11-1-97 (emergency) ; Amended at 15 Ok Reg 2044, eff 5-26-98 ; Amended at 16 Ok Reg 2024, eff 6-11-99 ; Amended at 30 Ok Reg 877, eff 6-13-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020