Final Text
CHAPTER 17
SOLICITATION AND USE OF VDOT BUILDINGS AND GROUNDS FOR NONWORK PURPOSES (REPEALED)
24VAC30-17-10. Definitions. (Repealed.)
The following words and terms, when used in this chapter,
shall have the following meaning unless the context clearly indicates
otherwise:
"Commercial solicitation" means any recurring
appeal sponsored by a profit-making enterprise for delivery of goods or
services in exchange for money. Solicitations to raise funds for nonprofit
groups, such as the Girl Scouts or schools, have a community service purpose,
and are not considered a commercial solicitation.
"Informational solicitation" means an appeal
whose aim is to provide entertainment, facilitate community service, or promote
civic responsibilities. Examples include blood drives and voter registration.
"Official state business" means activities held
to accomplish, or facilitate the accomplishment of, assigned duties or
responsibilities established by law, regulation, or the management of a
governmental entity.
"State employee association" means any nonprofit
organization with voluntary membership that provides programs and services of
general benefit to employees within the context of their employment. An example
is the Employees Benefit Association.
"Trespassing" means an act of unwanted or
unlawful entry upon the property of another.
"VDOT buildings and grounds" means any physical
property or real estate under the control of the Virginia Department of
Transportation.
24VAC30-17-20. Policy. (Repealed.)
VDOT is committed to providing reasonable access to nonwork
activities which may improve employees' quality of life, productivity, or
access to state-sanctioned programs. This policy is not intended to deny access
to the public for the purpose of conducting official VDOT business, nor is it
intended to deny use of VDOT facilities to agencies at the federal, state or
local levels for the conduct of official business. Meetings of federal, local,
or municipal governmental groups are considered official state business, and
are not subject to the provisions of this policy. Area headquarters and other
facilities without formal meeting rooms are not considered suitable for such
access as is authorized by this policy. This policy generally applies to the
central office, district offices, and residencies which have dedicated space
for meetings.
VDOT bulletin boards, buildings, and grounds are intended
for the conduct of state business or VDOT-sanctioned activities. The Governor's
office permits the following informational solicitations to occur on state
property: Combined Virginia Charitable Campaign (CVCC), U.S. Savings Bonds, and
Toys for Tots. Other programs may be allowed access to state facilities upon
approval from the Governor's office.
Individuals or groups wishing to use VDOT facilities at any
time must make written application informing VDOT of this intention. VDOT
reserves the right to limit access to its buildings or grounds based on (i) the
degree of disruption to, or interference with, work routine; (ii) the conflict
of interest between applicant's purpose and VDOT's mission; (iii) the legality
of the proposed activity for which the access is requested; (iv) the safety of
the individual or group requesting access; (v) the security concerns regarding
VDOT employees or property; and (vi) the site or location of the requested
area.
Individuals not engaged in official VDOT business are
prohibited from posting messages, distributing literature, or occupying
buildings or grounds where public access is limited by written documentation or
appropriate informational signs. Any action of this type constitutes
trespassing. Any person or group using VDOT property for solicitation or other
nonwork purposes without prior written approval must leave the premises if
requested to do so by the appropriate VDOT official or law-enforcement
authority.
24VAC30-17-30. State employee association access. (Repealed.)
State employee associations shall be permitted to use state
agencies' meeting rooms, subject to the availability of rooms, provided that the
time, place and nature of the use (i) do not interfere with the conduct of
state business; (ii) do not violate any laws, leases, or other contracts; and
(iii) are compatible with employee safety, the security of the particular
facility, and the mission of VDOT.
Costs associated with providing additional safety and
security shall not be considered reasons for denying an association's access.
24VAC30-17-40. User fees. (Repealed.)
VDOT may require payment of a reasonable fee for the use of
state-owned or state-leased meeting rooms. These fees are established by the
Administrative Services Division's General Services Manager on a daily rate basis,
and are consistent with the current square foot charges assessed by the
Department of General Services for the lease of office space. Fees may also
include actual costs incurred by VDOT due to use of the meeting rooms. Charges
for security, custodial services, or any other VDOT personnel costs are
considered reasonable charges.
24VAC30-17-50. Terms and conditions of written authorization.
(Repealed.)
Use of VDOT meeting rooms is subject to written
authorization by VDOT. The authorization includes, but is not limited to, the
following:
1. Notification to applicants that the proposed use must
comply with existing laws, regulations, and codes pertaining to the use of
facilities (examples include maximum occupancy limits and other building code
restrictions; the Americans with Disabilities Act; smoking regulations; and
safety or security requirements);
2. Notification that failure to comply with the terms and
conditions of the authorization will constitute revocation of permission;
3. Notification that users of state facilities shall be responsible
for liability of injury to individuals, or damage, loss, or other destruction
to state property caused by meeting participants; and
4. Notification that acceptance of the authorization
constitutes an agreement to reimburse and indemnify VDOT for any damages.
24VAC30-17-60. Cancellations. (Repealed.)
Groups should notify VDOT as soon as possible if the
meeting for which access is requested must be canceled. Reserved facilities may
be canceled by VDOT upon written notification to the applicant signed by the authority
granting the original permission stating the reason or reasons for the
cancellation. By applying for permission to use VDOT facilities, the applicant
agrees that VDOT will not be held responsible for loss or damages due to a
cancellation.
24VAC30-17-70. Procedure for processing requests. (Repealed.)
The steps to be followed in processing an application to
use VDOT facilities are as follows:
1. An Application to Use State-Owned -or Leased Facilities
should be completed by an individual or group and sent to the person indicated
in this policy. Falsification of application information is grounds for denying
access. Individuals or groups may be granted a blanket authorization to use
VDOT facilities on a recurring basis. A request to use a facility at the
Transportation Research Council (TRC) should be submitted to the TRC Director.
A request to use a residency or district facility should be submitted to the
District Administrator. A request to use a Central Office facility should be
submitted to the General Services Manager of the Administrative Services
Division.
2. The appropriate authority shall approve or reject the
application in writing to the applicant within five business days of receipt.
The authority granting permission should retain a record of requests and
decisions for three years.
3. If approved, the applicant shall receive written
permission allowing access to VDOT buildings and grounds subject to
restrictions indicated in the permission.
24VAC30-17-80. Appeals. (Repealed.)
Applicants may appeal rejections within five business days
of receipt of the written notification by making a written notice of appeal to
the commissioner. The commissioner shall render a decision within 10 business
days from the date the appeal is received. Failure to render a decision within
this period shall be considered equivalent to denial of the appeal.
24VAC30-17-90. Penalties. (Repealed.)
Willful failure to leave VDOT property upon request
constitutes a Class I misdemeanor. Employees violating this policy may be
charged with a Group II offense under the State Standards of Conduct (failure to
follow written policy).
FORMS (24VAC30-17)
Application to Use State-Owned or -Leased Facilities.