2016 Delaware Code
Title 29 - State Government
CHAPTER 84. DEPARTMENT OF TRANSPORTATION
§ 8404. Powers, duties and functions of the Secretary.

The Secretary shall have the following powers, duties and functions:

(1) To supervise, direct and account for the administration and operation of the Department, its divisions, subdivisions, offices, functions and employees;

(2) To appoint, and fix the salary of, with the written approval of the Governor, the following division directors and office heads, who may be removed from office by the Secretary with the written approval of the Governor and who shall have such powers, duties and functions in the administration and operation of the Department as may be assigned by the Secretary:

a. A Director of the Division of Highway Operations, who shall be known as the Director of Highway Operations and who shall be qualified by training and experience to perform the duties of the office. The Director of Highway Operations shall be, at the time of appointment, a registered professional engineer in this State or qualified for such registration;

b. A Director of the Transportation Authority who shall be qualified by training and experience to perform the duties of the office;

c. An administrator and head of the Office of Administration, who shall be known as the Director of Administration and who shall be qualified by training and experience to perform the duties of the office;

d. A Director of the Division of Motor Vehicles who shall be known as the Director of Motor Vehicles and who shall be qualified by training and experience to perform the duties of the office.

(3) To appoint such additional personnel as may be necessary for the administration and operation of the Department within such limitations as may be imposed by law;

(4) To collect and analyze statistical and planning information on all modes of transportation and make studies required to carry out state transportation programs; to coordinate and develop, in cooperation with federal, state, county and local governmental agencies, comprehensive balanced transportation planning, programming and policy for the movement of people and goods within the State; to prepare a statewide master transportation plan that is consistent with the state's social, economic and environmental needs and goals; and to develop a unified intermodal transportation planning program in cooperation with the Delaware Economic Development Office and other planning agencies to fulfill the transportation planning requirements of the federal government;

(5) To establish, consolidate or abolish such divisions, subdivisions and offices within the Department or the Authority or transfer or combine the powers, duties and functions of the divisions and offices within the Department or the Authority as the Secretary, with the written approval of the Governor, may deem necessary, provided that all powers, duties and functions required by law shall be provided for and maintained;

(6) To make and enter into any and all contracts, agreements or stipulations, and to retain, employ and contract for the services of private and public consultants, research and technical personnel and to procure by contract, consulting, research, technical and other services and facilities, whenever the same shall be deemed by the Secretary necessary or desirable in the performance of the functions of the Department and whenever funds shall be available for such purpose. All necessary legal services shall be provided pursuant to Chapter 25 of this title;

(7) To delegate any of the Secretary's powers, duties or functions to a director of a division except the power to remove employees of the Department or to fix their compensation;

(8) To establish and to promulgate such rules and regulations governing the administration and operation of the Department as may be deemed necessary by the Secretary and which are not inconsistent with the laws of this State. No such rule or regulation shall extend, modify or conflict with any law of this State or the reasonable implications thereof;

(9) To maintain such facilities throughout the State as may be required for the effective and efficient operation of the Department;

(10) To adopt an official seal or seals for the Department;

(11) In addition to the Secretary's other powers, duties and functions, the Secretary shall serve as an ex officio, nonvoting member of the Public Service Commission.

29 Del. C. 1953, § 8404; 57 Del. Laws, c. 514, § 1; 60 Del. Laws, c. 503, §§ 4, 5; 62 Del. Laws, c. 379, § 2; 63 Del. Laws, c. 191, § 4(e); 67 Del. Laws, c. 344, § 8; 69 Del. Laws, c. 435, §§ 41, 42; 69 Del. Laws, c. 458, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 110, § 132.;