10.1-104 - Powers of the Department.
§ 10.1-104. Powers of the Department.
A. The Department shall have the following powers, which may be delegated bythe Director:
1. To employ such personnel as may be required to carry out those dutiesconferred by law;
2. To make and enter into all contracts and agreements necessary orincidental to the performance of its duties and the execution of its powers,including but not limited to contracts with private nonprofit organizations,the United States, other state agencies and political subdivisions of theCommonwealth;
3. To accept bequests and gifts of real and personal property as well asendowments, funds, and grants from the United States government, its agenciesand instrumentalities, and any other source. To these ends, the Departmentshall have the power to comply with such conditions and execute suchagreements as may be necessary, convenient or desirable;
4. To prescribe rules and regulations necessary or incidental to theperformance of duties or execution of powers conferred by law;
5. To establish noncompetitively procured contracts, notwithstanding theVirginia Public Procurement Act (§ 2.2-4300 et seq.), with private nonprofitorganizations that are exempt from federal taxation, to conduct revenueproducing activities on Department lands provided the revenue generated afterexpenses is used to benefit Virginia State Parks and the Natural AreaPreserve System. This subsection shall not provide for establishing contractsfor capital improvements to state-owned facilities or on Department lands;
6. To perform acts necessary or convenient to carry out the duties conferredby law; and
7. To assess civil penalties for violations of § 10.1-200.3.
B. Pursuant to the Administrative Process Act (§ 2.2-4000 et seq.), theDepartment may promulgate regulations necessary to carry out the purposes andprovisions of this subtitle. A violation of any regulation shall constitute aClass 1 misdemeanor, unless a different penalty is prescribed by the Code ofVirginia. However, a violation of the Virginia State Park Regulations (4 VAC5-30-10 et seq.) shall constitute a Class 3 misdemeanor.
(1984, c. 739, §§ 10-21.3:4, 10-21.3:5; 1984, c. 750, § 10-254; 1985, c. 448;1988, c. 891; 2001, c. 370; 2007, c. 632; 2009, c. 392.)