§ 4-13.6-3-1 — Duties of department; assignment of public works project

Indiana § 4-13.6-3-1

• Jurisdiction: Indiana
• Art. 13.6: STATE PUBLIC WORKS
• Ch. 3: Public Works Division

Text

(a) Except as provided in IC 4-13.6-4, the
department shall:
(1) adopt rules under IC 4-22-2 necessary to carry out this article;
(2) consider and decide matters of policy under this article; and
(3) enforce this article and the rules adopted under it.
However, the department may not impair rights or obligations of the
state or of a contractor under a contract in existence on the effective
date of a rule.
(b) The commissioner may assign a public works project or a
designated part of a public works project normally under the
jurisdiction of the division to another division of the department.
However, the commissioner may make this assignment only if the
commissioner makes a written determination that:
(1) the estimated cost of the entire project is less than one
hundred thousand dollars ($100,000);
(2) in the commissioner's judgment, it is in the interest of
efficiency and economy to make the assignment; and
(3) in the commissioner's judgment, the other division of the
department to which the assignment is made and the laws that
govern that division make that division better suited to
accomplish the assignment.
When executing the project, the other division of the department to
which the project is assigned must follow all laws governing that
division in accomplishing the assignment.
(c) Notwithstanding subsection (b), the commissioner may generally
assign public works projects, regardless of the cost, when the projects
are for the routine operation, routine repair, or routine maintenance of
existing structures, buildings, or real property to any division of the
department that the commissioner determines is appropriate without
making a written determination under subsection (b).

Legislative History

As added by P.L.24-1985, SEC.7. Amended by P.L.5-1993, SEC.9.