72-1-202.  Executive director of department — Appointment — Qualifications — Term — Responsibility — Power to bring suits — Salary.

(1) 

Terms Used In Utah Code 72-1-202

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Commission: means the Transportation Commission created under Section 72-1-301. See Utah Code 72-1-102
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 72-1-102
  • Executive director: means the executive director of the department appointed under Section 72-1-202. See Utah Code 72-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State transportation systems: means all streets, alleys, roads, highways, pathways, and thoroughfares of any kind, including connected structures, airports, aerial corridor infrastructure, spaceports, public transit facilities, and all other modes and forms of conveyance used by the public. See Utah Code 72-1-102
(a)  The governor, with the advice and consent of the Senate, shall appoint an executive director to be the chief executive officer of the department.

(b)  The executive director shall be a registered professional engineer and qualified executive with technical and administrative experience and training appropriate for the position.

(c)  The executive director shall remain in office until a successor is appointed.

(d)  The executive director may be removed by the governor.

(2)  In addition to the other functions, powers, duties, rights, and responsibilities prescribed in this chapter, the executive director shall:

(a)  have responsibility for the administrative supervision of the state transportation systems and the various operations of the department;

(b)  have the responsibility for the implementation of rules, priorities, and policies established by the department and the commission;

(c)  have the responsibility for the oversight and supervision of
     any transportation project for which state funds are expended;

(d)  have full power to bring suit in courts of competent jurisdiction in the name of the department as the executive director considers reasonable and necessary for the proper attainment of the goals of this chapter;

(e)  receive a salary, to be established by the governor within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation, together with actual traveling expenses while away from the executive director’s office on official business;

(f)  purchase all equipment, services, and supplies necessary to achieve the department’s functions, powers, duties, rights, and responsibilities delegated under Section 72-1-201;

(g)  have the responsibility to determine whether a purchase from, contribution to, or other participation with a public entity or association of public entities in a pooled fund program to acquire, develop, or share information, data, reports, or other services related to the department’s mission are procurement items under Title 63G, Chapter 6a, Utah Procurement Code;

(h)  have responsibility for administrative supervision of the Comptroller Division, the Internal Audit Division, and the Communications Division; and

(i)  appoint assistants, to serve at the discretion of the executive director, to administer the divisions of the department.

(3)  The executive director may employ other assistants and advisers as the executive director finds necessary and fix salaries in accordance with the salary standards adopted by the Division of Human Resource Management.

Amended by Chapter 22, 2023 General Session
Amended by Chapter 219, 2023 General Session