Section 9. (a) There shall be within the department but not subject to the department's control an internal special audit unit. The inspector general shall appoint a director of internal special audits who shall serve as an assistant inspector general under the supervision of the inspector general and who shall serve for a term of 6 years. The inspector general may remove the director for cause and shall fill any vacancy for the remainder of the unexpired term. The director shall devote full time and attention to the duties of the unit.
(b) The director may appoint and remove, subject to the approval of the inspector general, such persons as the director shall deem necessary to perform the functions of the unit; provided, however, that section 9A of chapter 30 and chapter 31 shall not apply to those employees. Employees of the unit shall have experience with accounting, auditing, financial analysis, applicable law, business management and public administration and shall devote their full time and efforts to the unit. Employees shall be subject to the rules and regulations established for employees of the office of the inspector general pursuant to chapter 12A. Each person appointed to a position in the unit shall have experience and skill in the field of the person's position.
(c) Pursuant to chapter 12A, the unit shall monitor the quality, efficiency and integrity of the department's operating and capital programs, including those of the Massachusetts Bay Transportation Authority, and seek to prevent, detect and correct fraud, waste and abuse in the expenditure of public or private transportation funds. In accordance with said chapter 12A, the department shall cooperate with the unit in carrying out the unit's duties, including granting access to persons, documents, databases, electronic data and other materials deemed necessary by the director to conduct an investigation, audit or review.
(d) The director may report and refer any instances of fraud, waste or abuse in the expenditure of transportation funds or the procurement of any supplies, services or construction by the department to the inspector general for investigation pursuant to chapter 12A and the results of such investigation may be referred to the attorney general for appropriate action.
(e) The director shall submit an annual report of the unit's activities for the preceding calendar year, including, but not limited to, findings referred to the inspector general for investigation, to the joint committee on transportation and the house and senate committees on ways and means on or before March 15 of each year. The secretary shall make the annual report and all such reports from previous years available on the department's website.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title II - Executive and Administrative Officers of the Commonwealth
Chapter 6c - Massachusetts Department of Transportation
Section 2 - Creation; Board of Directors; Officers and Employees
Section 4 - Massachusetts Transportation Trust Fund
Section 6 - Office of Performance Management and Innovation; Duties
Section 6a - Office of Performance Management and Innovation; Goals
Section 7 - Employee Performance Evaluation Program
Section 8 - Money Received to Be Held as Trust Funds
Section 9 - Internal Special Audit Unit
Section 10 - Office of Transportation Planning
Section 11a - Project Selection Advisory Council
Section 12 - Integrated Asset Management System
Section 12a - Performance and Asset Management Advisory Council
Section 14 - Department as Public Agency for Purposes of State Contracts
Section 15 - Department as Public Agency for Purposes of State Finance Law
Section 16 - Annual Finance Plan
Section 19 - Eminent Domain Powers of Department
Section 20 - Sale of Real Property; Procedure; Sale of Buildings or Other Structures
Section 21 - Abandoned, Mislaid or Lost Property; Sale of Unclaimed Property
Section 22 - Enforcement by Superior Court Department
Section 23 - Termination of Department
Section 25 - Conduct of Secretary, Administrators and Directors
Section 26 - Application of Chapter 12a
Section 27 - Exemption From Taxes or Assessments
Section 28 - Annual Revenue and Expenditure Report
Section 29 - Office of Planning and Programming; Secretary
Section 31 - Administrative Units Within the Office of Planning and Programming
Section 32 - Federal Gifts, Loans or Grants-in-Aid for Improved Transportation Management Systems
Section 33 - Healthy Transportation Compact
Section 35 - Annual Report of Department's Activities
Section 36 - Definitions Applicable to Secs. 41 to 56
Section 37 - Division of Highways; Administrator
Section 38 - Duties of the Division of Highways
Section 40 - Procedure for Recommending Approval or Disapproval of Contracts
Section 41 - Engineering Internship Program
Section 42 - Co-Operative Engineer Program
Section 43 - Real Estate Appraisal Review Board
Section 50 - Regional Mobility Assistance Program
Section 51 - Definitions Applicable to Secs. 52 to 54
Section 52 - Mass Transit Division; Administrator
Section 53 - Duties of the Mass Transit Division
Section 54 - Administrative Units Within the Mass Transit Division; Statement of Organization
Section 55 - Definitions Applicable to Secs. 56 to 57
Section 56 - Registry of Motor Vehicles; Administrator
Section 57 - Administrative Units Within the Registry of Motor Vehicles; Statement of Organization
Section 57a - Motor Vehicle Insurance Merit Rating Board
Section 58 - Definitions Applicable to Secs. 59 to 61
Section 59 - Aeronautics Division; Administrator
Section 60 - Duties of the Aeronautics Division
Section 61 - Administrative Units Within the Aeronautics Division; Statement of Organization
Section 62 - Definitions Applicable to Secs. 62 to 73
Section 64 - Request for Proposals; Content of Public–private Agreement
Section 65 - End of Term or Termination of Public–private Agreement
Section 66 - Rights of Department Upon Material Default by an Operator
Section 67 - Issue and Sale of Bonds or Notes of the Department
Section 68 - Acceptance of Funds From the United States and Other Sources
Section 69 - Application of Sec. 26
Section 70 - Exercise of Power of Eminent Domain
Section 71 - Powers and Jurisdiction of Law Enforcement Officers
Section 72 - Waiver of Sovereign Immunity Not Limited
Section 73 - Public-Private Partnership Infrastructure Oversight Commission
Section 75 - Contracts With Fuel Providers to Provide for the Consumption of Alternative Fuel
Section 76 - Removal and Storage of Vehicle Left Unattended at State-Owned Park and Ride Facility