§52. General powers and duties
The Department of Transportation, referred to in this chapter as "the department," may from time to time make and shall enforce rules and regulations relating to the planning, design, engineering, construction, improvement, maintenance and use of transportation infrastructure. The department may from time to time make and shall enforce rules relating to the manner of conducting all investigations and hearings and the administration of its office, powers and duties. The department shall direct the expenditure of all money for the planning, design, engineering, construction, improvement, demolition, maintenance and use of all transportation infrastructure for which state funds are provided by law. The department may conduct traffic survey interviews and other statistical studies on the state highway system as considered necessary for the use in planning and development of the statewide highway system. The department may obtain leases for such land and office space as the department considers necessary for the performance of its duties. As used in this section, "transportation infrastructure" means infrastructure related to all modes of transportation, including highways, bridges, railroads, ferries, mass transit, airports and bicycle and pedestrian facilities, as well as all buildings, utilities, facilities and other appurtenances related to such modes. [PL 2007, c. 306, §1 (AMD).]
The department has full power to purchase all supplies, materials and equipment that are incidental to, or necessary for, project-specific construction, improvement or maintenance of transportation infrastructure. The purchase of supplies, materials and equipment for nonproject-specific purposes must be made through the State Purchasing Agent as provided by law. For the purposes of this section, unless the context otherwise indicates, "project-specific" means relating to a specific location for a limited duration, as opposed to perennial, nonlocation-specific activities. The department may be consulted by and shall, without charge, advise municipal officers and road commissioners on the subject of construction, improvement and maintenance of public highways, bridges and other structures. The department shall whenever practicable give preference in employment to the inhabitants of the town in which such highways are located. [PL 2005, c. 313, §2 (RPR).]
The department may adopt its own guidelines for determining the reasonableness and permissibility of various cost factors, including, but not limited to, salary limits, benefits and expense reimbursement. Notwithstanding any other federal or state law to the contrary, the department's guidelines must be used in lieu of federally mandated provisions. [PL 2005, c. 313, §2 (RPR).]
SECTION HISTORY
PL 1971, c. 593, §22 (AMD). PL 1973, c. 625, §128 (AMD). PL 1997, c. 52, §1 (AMD). PL 2005, c. 313, §2 (RPR). PL 2007, c. 306, §1 (AMD).
Structure Maine Revised Statutes
Chapter 3: OFFICIALS AND THEIR DUTIES
Subchapter 1: DEPARTMENT OF TRANSPORTATION
23 §51. Appointment; tenure; reports (REPEALED)
23 §52. General powers and duties
23 §52-A. Retention of part of contract price and settlement of claims by subcontractors (REPEALED)
23 §53. Classification of highways
23 §55. Assistance in collection of gas tax (REPEALED)
23 §56. Officers to enforce orders regarding restricted travel; sheriffs
23 §57. Cooperation and acceptance of federal funds
23 §58. Supplies from Federal Government
23 §59. -- uniform numbering system
23 §61. Vacation, sale or lease of acquired land
23 §62. Record of locations and changes
23 §63. Confidentiality of records held by the department and the Maine Turnpike Authority
23 §64. Enforcement of provisions
23 §65. Displaced persons relocation assistance (REPEALED)
23 §66. Assistance provided (REPEALED)
23 §67. Moving expenses (REPEALED)
23 §69. Determination by Land Damage Board (REPEALED)
23 §70. Rules and regulations (REPEALED)
23 §71. Federal Aid Safer Roads Demonstration Program (REPEALED)
23 §72. Acceptance of Metropolitan Planning Funds
23 §73-A. Transportation planning incentive funding (REPEALED)