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