§ 8-23-2-5 — Department duties

Indiana § 8-23-2-5

• Jurisdiction: Indiana
• Art. 23: INDIANA DEPARTMENT OF
• Ch. 2: Indiana Department of Transportation

Text

(a) The department, through the commissioner
or the commissioner's designee, shall:
(1) develop, continuously update, and implement:
(A) long range comprehensive transportation plans;
(B) work programs; and
(C) budgets;
to assure the orderly development and maintenance of an efficient
statewide system of transportation;
(2) implement the policies, plans, and work programs adopted by
the department;
(3) organize by creating, merging, or abolishing divisions;
(4) evaluate and utilize whenever possible improved
transportation facility maintenance and construction techniques;
(5) carry out public transportation responsibilities, including:
(A) developing and recommending public transportation
policies, plans, and work programs;
(B) providing technical assistance and guidance in the area of
public transportation to political subdivisions with public
transportation responsibilities;
(C) developing work programs for the utilization of federal
mass transportation funds;
(D) furnishing data from surveys, plans, specifications, and
estimates required to qualify a state agency or political
subdivision for federal mass transportation funds;
(E) conducting or participating in any public hearings to qualify
urbanized areas for an allocation of federal mass transportation
funding;
(F) serving, upon designation of the governor, as the state
agency to receive and disburse any state or federal mass
transportation funds that are not directly allocated to an
urbanized area;
(G) entering into agreements with other states, regional
agencies created in other states, and municipalities in other
states for the purpose of improving public transportation service
to the citizens; and
(H) developing and including in its own proposed
transportation plan a specialized transportation services plan for
the elderly and persons with disabilities;
(6) provide technical assistance to units of local government with
road and street responsibilities;
(7) develop, undertake, and administer the program of research
and extension required under IC 8-17-7;
(8) allow public testimony in accordance with section 17 of this
chapter whenever the department holds a public hearing (as
defined in section 17 of this chapter); and
(9) subject to section 6.5 of this chapter, adopt rules under IC 4-22-2 to reasonably and cost effectively manage the right-of-way
of the state highway system by establishing a formal procedure for
highway improvement projects that involve the relocation of
utility facilities by providing for an exchange of information
among the department, utilities, and the department's highway
construction contractors.
(b) Rules adopted under subsection (a)(9):
(1) shall not unreasonably affect the cost, or impair the safety or
reliability, of a utility service; and
(2) must require a utility to provide information concerning all
authorized representatives of the utility for purposes of highway
improvement projects and improvement projects undertaken by
local units of government.
(c) A civil action may be prosecuted by or against the department,
a department highway construction contractor, or a utility to recover
costs and expenses directly resulting from willful violation of the rules.
Nothing in this section or in subsection (a)(9) shall be construed as
granting authority to the department to adopt rules establishing fines,
assessments, or other penalties for or against utilities or the
department's highway construction contractors.
(d) Based on information provided by utilities under rules described
in subsection (b)(2), the department shall establish and publish on the
department's website a searchable data base of authorized
representatives of utilities for purposes of improvement projects that
involve the relocation of utility facilities. A utility that provides
information described in subsection (b)(2) shall:
(1) update the information provided to the department on an
annual basis; and
(2) notify the department of any change in the information not
more than thirty (30) days after the change occurs.
(e) Not later than November 1 of each year, the department, through
the commissioner or the commissioner's designee, shall prepare for the
interim study committee on roads and transportation a report that
includes updates on any information requested by the study committee
to aid in the study of the study committee's assigned topics. The report
must be submitted in an electronic format under IC 5-14-6.

Legislative History

As added by P.L.112-1989, SEC.5. Amended by P.L.18-1990, SEC.207; P.L.23-1993, SEC.20; P.L.52-1995, SEC.2; P.L.35-2005, SEC.1; P.L.5-2012, SEC.1; P.L.16-2014, SEC.3; P.L.53-2014, SEC.85; P.L.121-2021, SEC.5; P.L.49-2024, SEC.5.