Oklahoma Administrative Code › Title 730 - Department of Transportation › Chapter 1 - Administrative Operations › Subchapter 5 - Department of Transportation › Section 730:1-5-1 - Powers and duties of Director

Current through Vol. 41, No. 20, July 1, 2024
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.