1. (a) Except as provided in IC 4-13.6-4 , the department shall:

   1. (1) adopt rules under IC 4-22-2 necessary to carry out this article;
   2. (2) consider and decide matters of policy under this article; and

   3. (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.

2. (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. (1) the estimated cost of the entire project is less than one hundred thousand dollars ($100,000);
   2. (2) in the commissioner's judgment, it is in the interest of efficiency and economy to make the assignment; and

   3. (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.

3. (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).

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