Section 1. (a) There shall be a department of highways, in sections 1 to 5, inclusive, and section 13 of this chapter called the department.
The department shall:
(1) administer the design, construction, operation and maintenance of the roads and bridges of the commonwealth;
(2) enter into any contracts and agreements necessary or desirable to carry out its purposes;
(3) make, and from time to time revise, regulations for the conduct of the business of the department, and all regulations otherwise required by law;
(4) collaborate with other agencies and authorities as may be appropriate in fields related to transportation, development, public safety and security;
(5) prepare and submit to the governor and the general court an annual report containing in substance the description of the organization of the department, reviewing the work of the department, recommending legislation and other action by the governor and the general court, and containing such information relating to highways as appropriate, including information required by the commissioner of administration, and
(6) submit such other reports as the commissioner of administration requires.
The department shall be under the direction of a commissioner, who shall be appointed by the governor and who shall serve at his pleasure. The commissioner shall be responsible for administering and enforcing the provisions of this chapter relative to the administration of each bureau or other section thereof under his control and supervision unless otherwise provided herein, subject to the supervision of the secretary of transportation.
The commissioner shall be exempt from chapter 31 and the position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as their construction, operations, financing or other relevant experience relative to the efficient exercise of his powers and duties. The commissioner shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the department, subject to the supervision of the secretary.
(b) The commissioner shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the department, and any changes, alterations, amendments, or modifications thereof and for contract appeals of all claims made under any contract with the department with the exception of claims subject to section 39Q of chapter 30. Any person aggrieved by a decision of the secretary acting in regard to contract appeals may bring suit against the commonwealth for recovery of damages based on such claim under the provisions of chapter 258.
To assist the secretary and commissioner in performing this function, the governor may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote full time during business hours to the duties of his position. The position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to the aforesaid section 39Q of said chapter 30 to the hearing examiner for a report on the matter including a recommendation as to the disposition of the dispute.
The hearing examiner shall hear all claims by contractors from determinations of the department with the exception of claims subject to said section 39Q of said chapter 30; and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim. Said examiner shall at the request of the contractor or of the department or on his own motion summon witnesses and require the production of books and records and take testimony under oath. Such reports shall be maintained as public records in a place and form fully accessible to the public.
(c) The commissioner shall appoint and may remove all employees in the department, subject to the approval of the secretary. Except as provided in this chapter or as otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter 31. From time to time the commissioner may, subject to appropriation and regulation, employ such consultants as he may consider necessary.
The commissioner may appoint and remove without regard to chapter 31, but with the approval of the secretary, a chief engineer; 5 deputy chief engineers; an assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a general counsel to serve in the office of the commissioner; a director to serve in the division of administrative services; 4 executive assistants to the commissioner; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the commissioner under this paragraph shall not exceed 35. No person holding an appointment under this paragraph shall be subject to chapter 31 or section 9A of chapter 30. Nothing in this section shall be deemed to exempt the positions named herein from sections 45 to 50, inclusive, of said chapter 30. So far as practicable in the judgment of the commissioner, appointments to said positions not classified under said chapter 31 shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be: (i) an employee of the division holding an office or position classified under said chapter 31 with permanent status of senior civil engineer or higher; (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Where an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section 9A of said chapter 30 is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter 31 during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter 31, or under said section 9A of said chapter 30, such restoration shall be without impairment of civil service status or tenure under said section 9A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee; provided, however, that if his service in such unclassified position has been terminated for cause, the employee’s right to be restored shall be determined by section 43 of said chapter 31. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he or she would otherwise have been eligible.
(d) The commissioner shall collaborate with other state agencies to reduce greenhouse gas emissions to the limits established in chapter 21N.
(e) The commissioner may promulgate rules and regulations to effectuate the purposes of this chapter.
Section 1. (a) There shall be a department of highways, in sections 1 to 5, inclusive, and section 13 of this chapter called the department.
The department shall:
(1) administer the design, construction, operation and maintenance of the roads and bridges of the commonwealth;
(2) enter into any contracts and agreements necessary or desirable to carry out its purposes;
(3) make, and from time to time revise, regulations for the conduct of the business of the department, and all regulations otherwise required by law;
(4) collaborate with other agencies and authorities as may be appropriate in fields related to transportation, development, public safety and security;
(5) prepare and submit to the governor and the general court an annual report containing in substance the description of the organization of the department, reviewing the work of the department, recommending legislation and other action by the governor and the general court, and containing such information relating to highways as appropriate, including information required by the commissioner of administration, and
(6) submit such other reports as the commissioner of administration requires.
The department shall be under the direction of a commissioner, who shall be appointed by the governor and who shall serve at his pleasure. The commissioner shall be responsible for administering and enforcing the provisions of this chapter relative to the administration of each bureau or other section thereof under his control and supervision unless otherwise provided herein, subject to the supervision of the secretary of transportation.
The commissioner shall be exempt from chapter 31 and the position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as their construction, operations, financing or other relevant experience relative to the efficient exercise of his powers and duties. The commissioner shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the department, subject to the supervision of the secretary.
(b) The commissioner shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the department, and any changes, alterations, amendments, or modifications thereof and for contract appeals of all claims made under any contract with the department with the exception of claims subject to section 39Q of chapter 30. Any person aggrieved by a decision of the secretary acting in regard to contract appeals may bring suit against the commonwealth for recovery of damages based on such claim under the provisions of chapter 258.
To assist the secretary and commissioner in performing this function, the governor may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote full time during business hours to the duties of his position. The position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to the aforesaid section 39Q of said chapter 30 to the hearing examiner for a report on the matter including a recommendation as to the disposition of the dispute.
The hearing examiner shall hear all claims by contractors from determinations of the department with the exception of claims subject to said section 39Q of said chapter 30; and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim. Said examiner shall at the request of the contractor or of the department or on his own motion summon witnesses and require the production of books and records and take testimony under oath. Such reports shall be maintained as public records in a place and form fully accessible to the public.
(c) The commissioner shall appoint and may remove all employees in the department, subject to the approval of the secretary. Except as provided in this chapter or as otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter 31. From time to time the commissioner may, subject to appropriation and regulation, employ such consultants as he may consider necessary.
The commissioner may appoint and remove without regard to chapter 31, but with the approval of the secretary, a chief engineer; 5 deputy chief engineers; an assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a general counsel to serve in the office of the commissioner; a director to serve in the division of administrative services; 4 executive assistants to the commissioner; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the commissioner under this paragraph shall not exceed 35. No person holding an appointment under this paragraph shall be subject to chapter 31 or section 9A of chapter 30. Nothing in this section shall be deemed to exempt the positions named herein from sections 45 to 50, inclusive, of said chapter 30. So far as practicable in the judgment of the commissioner, appointments to said positions not classified under said chapter 31 shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be: (i) an employee of the division holding an office or position classified under said chapter 31 with permanent status of senior civil engineer or higher; (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Where an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section 9A of said chapter 30 is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter 31 during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter 31, or under said section 9A of said chapter 30, such restoration shall be without impairment of civil service status or tenure under said section 9A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee; provided, however, that if his service in such unclassified position has been terminated for cause, the employee’s right to be restored shall be determined by section 43 of said chapter 31. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he or she would otherwise have been eligible.
(d) The commissioner shall collaborate with other state agencies to reduce greenhouse gas emissions to the limits established in chapter 21N.
(e) The commissioner may promulgate rules and regulations to effectuate the purposes of this chapter.
Section 1. (a) There shall be a department of highways, in sections 1 to 5, inclusive, and section 13 of this chapter called the department.
The department shall:
(1) administer the design, construction, operation and maintenance of the roads and bridges of the commonwealth;
(2) enter into any contracts and agreements necessary or desirable to carry out its purposes;
(3) make, and from time to time revise, regulations for the conduct of the business of the department, and all regulations otherwise required by law;
(4) collaborate with other agencies and authorities as may be appropriate in fields related to transportation, development, public safety and security;
(5) prepare and submit to the governor and the general court an annual report containing in substance the description of the organization of the department, reviewing the work of the department, recommending legislation and other action by the governor and the general court, and containing such information relating to highways as appropriate, including information required by the commissioner of administration, and
(6) submit such other reports as the commissioner of administration requires.
The department shall be under the direction of a commissioner, who shall be appointed by the governor and who shall serve at his pleasure. The commissioner shall be responsible for administering and enforcing the provisions of this chapter relative to the administration of each bureau or other section thereof under his control and supervision unless otherwise provided herein, subject to the supervision of the secretary of transportation.
The commissioner shall be exempt from chapter 31 and the position of commissioner shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The commissioner shall be appointed with due regard to his fitness, by reason of his experience in matters relating to transportation infrastructure, including roads and bridges, such as their construction, operations, financing or other relevant experience relative to the efficient exercise of his powers and duties. The commissioner shall administer this section and the General Laws, rules and regulations that grant powers to or impose duties upon the department, subject to the supervision of the secretary.
(b) The commissioner shall establish a procedure for recommending to the secretary approval or disapproval of all contracts, including specifications, made by the department, and any changes, alterations, amendments, or modifications thereof and for contract appeals of all claims made under any contract with the department with the exception of claims subject to section 39Q of chapter 30. Any person aggrieved by a decision of the secretary acting in regard to contract appeals may bring suit against the commonwealth for recovery of damages based on such claim under the provisions of chapter 258.
To assist the secretary and commissioner in performing this function, the governor may appoint and remove a person of legal training and experience, who shall be a member of the bar of the commonwealth, to the position of hearing examiner. The hearing examiner shall devote full time during business hours to the duties of his position. The position shall be classified in accordance with section 45 of chapter 30 and the salary shall be determined in accordance with section 46C of said chapter 30. The secretary may refer any dispute concerning contracts, contract specifications or the execution of contracts not subject to the aforesaid section 39Q of said chapter 30 to the hearing examiner for a report on the matter including a recommendation as to the disposition of the dispute.
The hearing examiner shall hear all claims by contractors from determinations of the department with the exception of claims subject to said section 39Q of said chapter 30; and shall, after hearing, render to the secretary a report of the matter including a recommendation as to the disposition of the claim. Said examiner shall at the request of the contractor or of the department or on his own motion summon witnesses and require the production of books and records and take testimony under oath. Such reports shall be maintained as public records in a place and form fully accessible to the public.
(c) The commissioner shall appoint and may remove all employees in the department, subject to the approval of the secretary. Except as provided in this chapter or as otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter 31. From time to time the commissioner may, subject to appropriation and regulation, employ such consultants as he may consider necessary.
The commissioner may appoint and remove without regard to chapter 31, but with the approval of the secretary, a chief engineer; 5 deputy chief engineers; an assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a general counsel to serve in the office of the commissioner; a director to serve in the division of administrative services; 4 executive assistants to the commissioner; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the commissioner under this paragraph shall not exceed 35. No person holding an appointment under this paragraph shall be subject to chapter 31 or section 9A of chapter 30. Nothing in this section shall be deemed to exempt the positions named herein from sections 45 to 50, inclusive, of said chapter 30. So far as practicable in the judgment of the commissioner, appointments to said positions not classified under said chapter 31 shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be: (i) an employee of the division holding an office or position classified under said chapter 31 with permanent status of senior civil engineer or higher; (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Where an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section 9A of said chapter 30 is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter 31 during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter 31, or under said section 9A of said chapter 30, such restoration shall be without impairment of civil service status or tenure under said section 9A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee; provided, however, that if his service in such unclassified position has been terminated for cause, the employee’s right to be restored shall be determined by section 43 of said chapter 31. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he or she would otherwise have been eligible.
(d) The commissioner shall collaborate with other state agencies to reduce greenhouse gas emissions to the limits established in chapter 21N.
(e) The commissioner may promulgate rules and regulations to effectuate the purposes of this chapter.
