CHAPTER Tra 100  ORGANIZATIONAL RULES

 

Statutory Authority: RSA 541-A:2; 21-L

 

PART Tra 101  DEFINITIONS

 

            Tra 101.01  "Department" means the New Hampshire department of transportation.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 101.02  "Commissioner" means the commissioner of the department.

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 101.03  "Assistant commissioner" means the assistant commissioner of the department.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 101.04  "Division" means a principle unit within the department.

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 101.05  "Bureau" means a principle unit within a division.

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 101.06  "Petition" means a written expression of concern in which a person requests the adoption, amendment, repeal of a rule, or requests a declaratory ruling.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

PART Tra 102  DESCRIPTION OF THE DEPARTMENT

 

            Tra 102.01  General Description.  There shall be established pursuant to RSA 21-L within the department, the office of the commissioner and 5 separate divisions, each responsible for the implementation and enforcement of rules in their designated areas of expertise. The descriptions of the respective divisions and bureaus are not exhaustive but only reflect those areas in which there is impact on the public. Functions which affect other governmental units only are not included in the descriptions below.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

            Tra 102.02  Office of the Commissioner.

 

            (a)  The office of the commissioner shall include the commissioner, the assistant commissioner, and 2 sections which shall be directly responsible to the commissioner.

 

            (b)  The office of the commissioner shall be organized as follows:

 

(1)  The commissioner shall be ultimately responsible for all:

 

a.  Department policies;

 

b.  Activities;

 

c.  Projects;

 

d.  Programs; and

 

e.  Rulemaking authority for the department.

 

(2)  The assistant commissioner shall be responsible for all:

 

a.  Duties assigned to him by the commissioner;

 

b.  Duties of the chief engineer; and

 

c.  powers and duties of the commissioner in the event that the commissioner is, for any reason, unable to carry them out.

 

(3)  The internal/external audit section shall be responsible for performing department audits to certify the correctness and propriety of federal aid claims and compliance with applicable rules and laws.

 

(4)  The section of the reviewing appraiser shall review and analyze real property appraisal reports to assure compliance with state and federal rules and laws, and current real estate market conditions, and establish real property valuation estimates for purposes of federal reimbursement to the state.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

            Tra 102.03  Division of Administration.

 

            (a)  The division of administration shall be responsible for all contract coordination and execution, bidding for all projects, and claims processing for money owed to and by the department. The division shall also be responsible for the issuance of all permits, licenses, and registrations, applications for which are available from specific bureaus, as well as the equal employment program, processing all department data, and petitions for adjudicatory hearings, and coordination of administrative rulemaking.

 

            (b)  The following bureaus shall be organized within the division of administration:

 

(1)  The bureau of administration/contracts shall be responsible for the prequalification of bidders and the actual bidding process.

 

(2)  The bureau of budget and finance shall be responsible for all financial accounting for the department, including collecting monies owed to the department, and for paying out monies owed by the department. The purchase process, however, shall be initiated by the bureau for whom the purchase is made, processed through the budget and finance bureau, and forwarded to the division of plant and property management, department of administrative services, for the actual purchase.

 

(3)  The bureau of human resources shall be responsible for all personnel matters, including, but not limited to, administering the civil rights program to achieve a fully integrated workforce within the department, and the maintenance of equal employment opportunity files.

 

(4)  The bureau of data management shall be responsible for the acquisition of hardware and software and to recommend, develop and review user/system applications that are compatible with the department's commitments to existing systems, departmental policies and long range plans.

 

(5)  The section of public information shall be the department's official liaison with the public. It shall prepare all media releases and provide information about state for tourists and other highway users.

 

(6)  The special projects/legislative tracking section shall be responsible for all drafting of department initiated legislation and the monitoring of all transportation related, highway funded or turnpike funded legislation. The section is also responsible for performing studies or analysis and serving as a department designee on various legislative and executive branch created committees or task forces as determined by the director or commissioner.

 

(7)  The office of hearings and rules shall be responsible for due process adjudications and administrative rulemaking in accordance with RSA 541-A.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 102.04  Division of Aeronautics. The division of aeronautics shall be responsible for all aeronautical activities at the state level, including:

 

            (a)  All aspects of air safety, airport and navigational aids development;

 

            (b)  Registration and revenue collection from aeronautical sources;

 

            (c)  Construction and maintenance of state air navigation facilities;

 

            (d)  Promotion of aviation; and

 

            (e)  Enforcement of all state rules and laws pertaining to aeronautics.

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 102.05  Division of Operations.

 

            (a)  The division of operations shall be responsible for general maintenance of the state transportation network, including state highways, the turnpike system, bridges, and all department vehicles and equipment. It shall also be responsible for establishing speed zones, processing access, excavation, and utility installation permits.

 

            (b)  The following bureaus shall be organized within the division of operations:

 

(1)  The bureau of highway maintenance shall be responsible for maintaining and repairing state highways not operated by the bureau of turnpikes, operation of moveable bridges not operated by the bureau of bridge maintenance, replacement of private water supplies which have been affected by winter maintenance operations, such as salt application, processing overweight and overdimensional load, access route, excavation and utility installation permit applications. The bureau shall also be responsible for establishing speed zones and operating and maintaining safety rest areas on state highways under its jurisdiction. Organized within the bureau shall be 6 field districts, each under the supervision of a district engineer.

 

(2)  The bureau of bridge maintenance shall be responsible for the maintenance and repair of all state-owned bridges, and, as the workload permits, the repair of municipal bridges which shall be done on a reimbursable basis. The bureau shall also be responsible for the operation and maintenance of the 2 Portsmouth drawbridges.

 

(3)  The bureau of mechanical services shall be responsible for all department vehicles and equipment maintenance except for those vehicles owned by the bureau of turnpikes, the investigation of accident reports and insurance claims involving department vehicles, the setting of rental rates and approval of private equipment rental by this or any other department.

 

(4)  The bureau of traffic shall be responsible for the installation and maintenance of traffic control devices, such as signals, signs and pavement markings on the state highway system.

 

(5)  The bureau of turnpikes shall be responsible for the operation and maintenance of the state's turnpike system, including control of turnpike encroachment permits.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

            Tra 102.06  Division of Project Development.

 

            (a)  The division of project development shall be responsible for all proposed highway and bridge construction projects from the preliminary engineering stage through completion of construction, including administering federal and state aid programs for municipalities. It shall also be responsible for the development of environmental impact statements or assessments for proposed projects and acquisitions as well as obtaining dredge and fill permits and control of outdoor advertising along state and federal highways. In addition the division shall be responsible for providing maps of the state highway system to the public.

 

            (b)  The following bureaus, shall be organized within the division of project development:

 

(1)  The bureau of highway design shall be responsible for the design and preparation of technical/engineering documents for highway construction projects either by its own staff or through private consultants. The bureau shall also be responsible for surveys, aerial photographs, other project-related mapping and roadside development activities, including highway beautification and landscaping.

 

(2)  The bureau of bridge design shall be responsible for the planning, designing, and preparation of contract plans for bridges, as well as safety inspections for state-owned and municipally-owned bridges.

 

(3)  The bureau of construction shall be responsible for the management of highway and bridge construction contracts and coordinating the construction effort with all governmental units and utilities. The bureau shall also be responsible for the inspection of all on-going highway/bridge construction projects to assure compliance by the contractor with New Hampshire standard specifications for road and bridge construction.

 

(4)  The bureau of municipal highways shall be responsible for the administration of federal and state aid programs for municipalities, as well as serving as liaison between the department, the general public, and municipalities. The bureau shall also be responsible for outdoor advertising and junkyard control.

 

(5)  The bureau of right-of-way shall be responsible for the acquisition of land in support of the department's projects. The bureau shall also be responsible for relocation assistance.

 

(6)  The bureau of environment shall be responsible for preparation of environmental impact statements, assessments and studies, and processing all federal and state environmental permits for department projects.

 

(7)  The bureau of engineering audit shall be responsible for intensive reviews of records, documentation and inspections performed by the bureau of construction on all highway, bridge and special construction contracts within the state. The bureau shall determine final payments to contractors and final vouchers for federal-aid reimbursement to the state.

 

(8)  The bureau of materials and research shall test materials used or to be used in state highway construction and shall identify materials standards, sampling and testing procedures for state construction projects. The bureau shall be responsible to provide material technical and geotechnical activities and reports.

 

(9)  The bureau of transportation planning shall be responsible for the collection and analyses of highway data including road conditions and future projected traffic. The bureau shall also be responsible for monitoring the 10 year highway plan progress and updating recommendations. Also included in the bureau's duties shall be oversight of regional planning agencies' transportation programs and performing transportation planning studies.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 102.07  Division of Public Works and Transportation.

 

            (a)  The division of public works and transportation shall be responsible for administering capital building and maintenance programs. The division shall also be responsible for the administration of surface transportation programs involving public transportation and railroad activities.

 

            (b)  The following bureaus shall be organized within the division of public works and transportation:

 

(1)  The bureau of public works shall be responsible for the capital and contractual maintenance programs for all departments, except the state university system. The bureau's responsibilities shall include providing professional, architectural and engineering services for planning, design and construction field supervision of all public works projects not otherwise assigned.

 

(2)  The bureau of railroads and public transportation shall be responsible for managing the state-owned rail lines, all aspects of rail safety including equipment and operations, investigations of rail accidents, and administering railroad planning and programming activities for all railroads within the state. The bureau shall also be responsible for development of policies, methods, procedures and supervision of public transportation within the state.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

PART Tra 103  PETITIONS TO THE DEPARTMENT

 

            Tra 103.01  Petitions for Promulgation, Amendment, or Repeal of a Rule.

 

            (a)  Any interested person may petition the department, through the commissioner, requesting the adoption, amendment, or repeal of a rule. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:

 

            (b)  Petitions for rulemaking shall be handled as follows:

 

(1)  Petitions shall be submitted to the office of the commissioner;

 

(2)  If the commissioner determines that any petition is deficient in any respect the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

 

(3)  Within 30 days of receipt of an acceptable petition, the commissioner shall take one of the following actions:

 

a.  Initiate the requested procedure in accordance with RSA 541-A:3; or

 

b.  Deny the petition, in writing, stating fully the reasons for denial.

 

(4)  Criteria to determine whether to initiate a requested procedure or deny a petition shall include whether the requested change is consistent with applicable statutory purpose.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 103.02  Petitions for Declaratory Rulings.

 

            (a)  Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:

 

            (b)  Petitions for declaratory rulings shall be handled as follows:

 

(1)  Petitions shall be submitted to the office of the commissioner.

 

(2)  If the commissioner determines that any petition is deficient in any respect the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition.

 

(3)  When an acceptable petition for a declaratory ruling has been received by the commissioner, he/she shall take one of the following actions:

 

a.  Issue a declaratory ruling responsive to the petition within 60 days; or

 

b.  If deemed necessary, request the opinion of the attorney general's office within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.

 

(4)  Responses to petitions for declaratory ruling that require legal analysis shall be referred to the office of the attorney general for an opinion.

 

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93

 

            Tra 103.03  Petition Information.  Each petition for adoption, amendment, or repeal of a rule, or for declaratory ruling shall conform to the following:

 

            (a)  Each petition shall be in legible written form and addressed to the commissioner as follows:

 

"Office of the Commissioner

New Hampshire Department of Transportation

P.O. Box 483, John O. Morton Building, Hazen Drive

Concord, New Hampshire, 03302-0483."

 

            (b)  Each petition shall include the name and the address of the petitioner, and, if applicable, the name and address of the organization the petitioner represents.

 

            (c)  The petition shall state in detail why the department should make such a ruling.

 

            (d)  The petitioner shall cite the rule to be amended or repealed and shall specify any amendments to be made. If adoption of a new rule is sought, the petition shall provide the text of the proposed rule. If a declaratory ruling is sought, the petitioner shall cite the statute or rule and provide all information in his or her possession or available to him/her which is material to the declaratory ruling.

 

            (e)  The petitioner shall sign and include the date of the petition.

Source. #4595, eff 4-6-89; ss by #5605, eff 3-29-93