Opinion No. 24-74

Topics:

ROADS & BRIDGES.
STATE HIGHWAY DEPARTMENT.
OFFICE OF ADMINISTRATION.
COMMISSIONER OF ADMINISTRATION.

Summary conclusion

The State Highway Department is subject to the provisions of Sections 8.310 and 8.320, RSMo 1969, and DIVISION OF DESIGN AND CONSTRUCTION: accordingly must obtain the formal approval of the Commissioner of Administration before letting contracts for repair, rehabilitation, or construction of buildings and facilities. The State Highway Department is not required to obtain the formal approval of the Commissioner of Administration before obtaining architectural documents, supervising construction, and performing maintenance and inspection, provided, however, that in carrying out these activities it must conform to the reasonable procedures outlined by the Commissioner of Administration pursuant to his rule-making authority under Section 8.320, RSMo 1969. The repair, maintenance, operation, construction, and administration of highways, bridges, and tunnels by the State Highway Department are not subject to the requirements of Sections 8.310 and 8.320, RSMo.

June 7, 1974

Honorable Christopher S. Bond
Governor of Missouri
Executive Offices
State Capitol Building
Jefferson City, Missouri 65101

Dear Governor Bond:

 March 19, 1974 OPINION LETTER NO. 27 Answer by letter-Koppe Honorable Christopher S. Bond Governor of !issouri Lxecutive Office State Capitol Building Jefferson City, ;issouri 65101 Dear Governor I3oncl This is in answer to your opinion request concerning the re sponsibilities of she Commissioner of dninistration in relation to the Missouri State Park Board. Your specific inquiry asked whether the State Park-Board has the power and authority to ob¬tain architectural documents, let contracts for repair, rehabil¬itation or new construction of facilities, supervise construction, and perform inspection and maintenance of facilities without the approval of the Commissioner of Administration. We refer your attention to Opinion No. 25 rendered March 7, 1974 (copy enclosed), which held that the Conservation Commission was not empowered or authorized to lot contracts for repair, re¬habilitation or new construction of facilities without the approval of the Commissioner of Administration, but that it need not secure formal approval of the Commissioner of Administration before ob¬taining architectural documents, supervising construction and per¬forming inspection and maintenance, provided that its procedures in carrying out such activities conformed to the reasonable pro¬cedures outlined :;v the Commissioner pursuant to his authority un¬der Section 8.320, ^ ?S o 1969. We have specifically examined Section 253.040, RSflo 1969, which relates to the power and duties of the -.issouri State Pare

Very truly yours,

John C. Danforth
Attorney General