APPENDIX D. APPOINTMENTS OF DOT LEADERSHIP

This chart details how DOT leadership is appointed in each state, including legal requirements and citations. DOT leadership is defined here as both executives within a DOT and other transportation leaders within the executive branch that influence a DOT's activities.

State/
Jurisdiction

Leadership

Governor-
Appointed,

No

Legislative

Approval

Required

Governor-
Appointed With

Legislative

Approval

Appointed 
or Elected by

Legislators

Elected

Other

Legal
Requirements

Citations

Alabama

Director of Transportation

X

 

 

 

 

 

Ala. Code §23-1-21

Alaska

Commissioner of Transportation and Public Facilities

 

Confirmed by the majority of the members of the legislature in joint session

 

 

 

U.S. citizenship

Alaska Const., art. III, §25

Arizona

State Transportation Board

 

With consent of the Senate

 

 

 

Residency; taxpayer status; geographic representation

Ariz. Rev. Stat. Ann. §28-302 and §38-211

 

DOT Director

 

With consent of the Senate

 

 

 

 

Ariz. Rev. Stat. Ann. §28-361 and §38-211

Arkansas

State Highway Commission

 

By and with advice and consent of the Senate

 

 

 

 

Ark. Const. Am. 42, §2; Ark. Stat. Ann. §27-65-104

 

DOT Director

 

 

 

 

Appointed by State Highway Commission

Must be a "practical business or professional person"

Ark. Stat. Ann. §27-65-122

California

California Transportation Commission

 

With advice and consent of the Senate (9 voting citizen members)

Speaker of the Assembly and Senate Committee on Rules each appoint 1 voting citizen member and 1 ex officio legislator member

 

 

Voting citizen members may not simultaneously hold elected public office or serve on any local or regional public board or commission with business before the commission; for governor appointed members, governor must "make every effort to assure a geographic balance of representation"

Cal. Government Code §§14500 et seq.

 

DOT Director

 

Subject to confirmation by the Senate

 

 

 

 

Cal. Government Code §14003

 

Secretary of the Business, Transportation and Housing Agency

 

Subject to confirmation by the Senate

 

 

 

 

Cal. Government Code §13976

Colorado

Transportation Commission

 

With consent of the Senate

 

 

 

Geographic representation; residency; governor must consider appointing people with knowledge or experience in transit and engineering, and is encouraged to include at least one member who is a person with a disability, has a family member with a disability, or is a member of an advocacy group for people with disabilities

Colo. Rev. Stat. §43-1- 106

 

DOT Executive Director

 

With consent of the Senate

 

 

 

 

Colo. Rev. Stat. §43-1- 103

Connecticut

DOT Commissioner

 

With advice and consent of either house of the General Assembly (nomination confirmed or rejected by resolution)

 

 

 

Must be "qualified by training and experience for the duties of the office"

Conn. Gen. Stat. Ann. §§4-6 to 4-8

Delaware

Secretary of the DOT

 

With advice and consent of the Senate

 

 

 

Must be "qualified by training and experience to perform the duties of the office;" preference must be given to a state resident, provided such person is acceptable and equally qualified

Del. Code Ann. tit. 29, §8403

Florida

Transportation Commission

 

Subject to confirmation by the Senate

 

 

 

Geographic representation; state citizenship; voter registration; must have business managerial experience in the private sector

Fla. Stat. Ann. §20.23

 

Secretary of Transportation

 

Subject to confirmation by the Senate

 

 

Nominated by Transportation Commission

Must be a "proven, effective administrator who by a combination of education and experience shall clearly possess a broad knowledge of the administrative, financial, and technical aspects of the development, operation, and regulation of transportation systems and facilities or comparable systems and facilities"

Fla. Stat. Ann. §20.23

Georgia

State Transportation Board

 

 

Elected by majority vote of state legislators in each congressional district

 

 

 

Ga. Const. art. IV, §4; Ga. Code Ann. §32-2-20

 

Commissioner of Transportation

 

 

 

 

Appointed by State Transportation Board

 

Ga. Const. art. IV, §4

 

Director of Planning

 

Subject to approval by a majority vote of both the House Transportation Committee and the Senate Transportation Committee

 

 

 

 

Ga. Code Ann. §32-2-43

Hawaii

DOT Director

 

With advice and consent of the Senate

 

 

 

 

Hawaii Rev. Stat. §26-31

 

Commission on Transportation (advisory only)

X

 

 

 

 

Geographic representation

Hawaii Rev. Stat. §26-19

Idaho

Idaho Transportation Board

 

Subject to confirmation by the Senate

 

 

 

State citizenship; residency; party affiliation; geographic representation (except the chairman, who is appointed from the state at-large); restrictions on holding other offices; must be "well informed and interested in the construction and maintenance of public highways and highway systems;" at least one must have special training, experience or expertise in aeronautics

Idaho Code §§40-302 et seq.

 

Director of the ITD

 

 

 

 

Appointed by Idaho Transportation Board

Must have "knowledge and experience in transportation matters"

Idaho Code §40-503

Illinois

Secretary of Transportation

 

By and with advice and consent of the Senate

 

 

 

 

III. Rev. Stat. ch. 20, §§5/5- 605 et seq.

Indiana

Commissioner

X

 

 

 

 

 

Ind. Code Ann. §8-23- 2-2

Iowa

Transportation Commission

 

Subject to confirmation by the Senate

 

 

 

Party affiliation; restrictions pertaining to conflicts of interest

Iowa Code Ann. §§307.2 et seq.

 

Director of Transportation

 

Subject to confirmation by the Senate

 

 

 

Restrictions on holding certain other offices or positions; prohibited from contributing to campaign funds

Iowa Code Ann. §307.11

Kansas

Secretary of Transportation

 

Subject to confirmation by the Senate

 

 

 

 

Kan. Stat. Ann. §75- 5001

 

Highway Advisory Commission (advisory only)

X

 

 

 

 

Geographic representation; restrictions on holding other public office or employment

Kan. Stat. Ann. §75- 5002

Kentucky

Secretary of the Transportation Cabinet

X

 

 

 

 

 

Ky. Rev. Stat. §12.040 and §12.255

Louisiana

Secretary of Transportation and Development

 

With consent of the Senate

 

 

 

 

La. Rev. Stat. Ann. §36:503

Maine

Commissioner of Transportation

 

Subject to review by the Joint Standing Committee on Transportation and confirmation by the legislature

 

 

 

 

Me. Rev. Stat. Ann. tit. 23, §4205

Maryland

Secretary of Transportation

 

With advice and consent of the Senate

 

 

 

 

Md. Transportation Code Ann. §2-102

Massachusetts

Board of Directors

X

 

 

 

 

Party affiliation; two must be experts in public or private transportation finance; two must have practical experience in transportation planning; one must be a registered civil engineer with at least 10 years' experience

Mass. Gen. Laws Ann. ch. 6C,§2

 

Secretary

X

 

 

 

 

 

Mass. Gen. Laws Ann. ch. 6C,§2

Michigan

State Transportation Commission

 

With advice and consent of the Senate

 

 

 

Party affiliation

Mich. Comp. Laws Ann. §247.802; Mich. Const. art. V, §28

 

Director

 

With advice and consent of the Senate

 

 

 

Must possess "proven executive and administrative abilities, preferably in the field of public or private transportation or public administration;" if director is not a licensed professional engineer, s/he must designate a deputy director who is, to be responsible for the engineering content of policies and programs

Mich. Comp. Laws Ann. §16.455 and §247.805; Mich. Const. art. V, §28

Minnesota

Commissioner of Transportation

 

With advice and consent of the Senate

 

 

 

 

Minn. Stat. Ann. §174.02, §15.06 and §15.066

Mississippi

Transportation Commission

 

 

 

Elected by the people, one from each Supreme Court district, at the same time and manner as the governor

 

Must be qualified electors and citizens of the district in which they offer for election

Miss. Code Ann. §65-1-3

 

Executive Director

 

 

 

 

Appointed by Transportation Commission, with advice and consent of the Senate

Must possess a wide knowledge of the state's transportation system and needs, and of the principles of transportation organization and administration; must possess selected training or expertise in the field of transportation; cannot have been a member of the Transportation Commission within two years of appointment

Miss. Code Ann. §65-1-9

Missouri

Missouri Highways and Transportation Commission

 

By and with advice and consent of the Senate

 

 

 

Party affiliation; taxpayer status; residency

Mo. Rev. Stat. §226.030

 

DOT Director

 

 

 

 

Appointed by Missouri Highways and Transportation Commission

State citizenship and residency; must have had executive management experience for at least five years; may be a registered professional engineer

Mo. Rev. Stat. §226.040

Montana

Transportation Commission

 

Subject to confirmation by the Senate

 

 

 

Residency; geographic representation; party affiliation; restrictions on other state office or employment; at least one must have specific knowledge of Indian culture and tribal transportation needs, and must be selected by the governor after consultation with the Montana members of the Montana-Wyoming Tribal Leaders Council

Mont. Const. art. VI, §8; Mont. Code Ann. §2-15- 2502

 

DOT Director

 

Subject to confirmation by the Senate

 

 

 

 

Mont. Code Ann. §2-15- 2501 and §2-15-111

Nebraska

Highway Commission (advisory only)

 

Consent of a majority of all the members of the [unicameral] Legislature

 

 

 

Geographic representation; U.S. citizenship; age; residency; party affiliation

Neb. Rev. Stat. §39-1101 and §39-1110

 

DOR Director

 

Subject to confirmation by a majority vote of the members elected to the [unicameral] Legislature

 

 

 

 

Neb. Rev. Stat. §81-102; Neb. Const. art. IV, §10

Nevada

Board of Directors

X (3 members)

 

 

 

Governor, Lt. Governor, Attorney General and State Controller serve ex officio

For appointed members: geographic representation; state residency; restrictions pertaining to conflicts of interest; must be informed on and interested in the construction and maintenance of highways and other transportation matters; must possess either knowledge of engineering evidenced by possession of an engineering degree and license; demonstrated expertise in financial matters and business administration; or demonstrated expertise in the business of construction evidenced by a general contractor license and experience as a principal officer of a state-licensed firm

Nev. Rev. Stat. §408.106

 

DOT Director

 

 

 

 

Appointed by Board of Directors

Prohibition on other employment; must be in unclassified state service; must be a licensed professional engineer; must have had at least five years of responsible administrative experience in public or business administration; must possess broad skills as a manager in DOT- related areas

Nev. Rev. Stat. §§408.160 et seq.

New Hampshire

DOT Commissioner

 

 

 

 

Appointed by the governor, with consent of the Executive Council (elected executive agency)

 

N.H. Rev. Stat. Ann. §21-L:3

New Jersey

Commissioner of Transportation

 

With advice and consent of the Senate

 

 

 

Must be "qualified by training and experience to perform the duties of his office"

N.J. Stat. Ann. §27:1A-4

 

Transportation Trust Fund Authority (finances transportation programs)

 

With advice and consent of the Senate (3 members)

 

 

Appointed by governor upon recommendation of Senate president (1 member); appointed by governor upon recommendation of speaker of the General Assembly (1 member); Commissioner of Transportation and State Treasurer serve ex officio

Party affiliation; one of the three appointed with advice and consent of the Senate must represent the interest of trade unions, and another of the three, the interests of owners of eligible construction firms

N.J. Stat. Ann. §27:1B-4

New Mexico

Transportation Commission

 

With advice and consent of the Senate

 

 

Appointed by Senate if governor fails to follow procedure for Senate confirmation

Geographic representation; residency

N.M. Stat. Ann. §67-3-2 to §67-3-5

 

Secretary of Transportation

 

With advice and consent of the Senate

 

 

Also requires approval of the Transportation Commission

 

N.M. Stat. Ann. §67-3-23

New York

Commissioner of Transportation

 

By and with advice and consent of the Senate

 

 

 

 

N.Y. Transportation Law §11

North Carolina

Board of Transportation

X

 

 

 

 

14 members represent state highway divisions; of the other five members who serve at-large, one must have knowledge of environmental issues; one of ports and aviation; one of government related finance and accounting; one must reside in a rural area and have knowledge of rural transportation issues; and one must reside in an urban area and have knowledge of transit issues

N.C. Gen. Stat. §143B- 350

 

Secretary of Transportation

X

 

 

 

 

 

N.C. Gen. Stat. §143B-9

North Dakota

DOT Director

X

 

 

 

 

 

N.D. Cent. Code §24-02- 01.3

Ohio

Director of Transportation

 

With advice and consent of the Senate

 

 

 

 

Ohio Rev. Code Ann. §121.03; Ohio Const. art. III, §21

Oklahoma

Secretary of Transportation (cabinet member)

 

With advice and consent of the Senate

 

 

 

 

Okla. Stat. Ann. tit. 74, §10.3

 

Transportation Commission

 

With advice and consent of the Senate

 

 

 

Residency; geographic representation

Okla. Stat. Ann. tit. 69§302

 

DOT Director

 

 

 

 

Elected by majority vote of the Transportation Commission

 

Okla. Stat. Ann. tit. 69§305

Oregon

Transportation Commission

 

Subject to confirmation by the Senate

 

 

 

Residency; geographic representation; party affiliation

Or. Rev. Stat. §184.612; Or. Const. art. HI, §4

 

Director of Transportation

 

Subject to confirmation by the Senate

 

 

 

 

Or. Rev. Stat. §184.620

Pennsylvania

Transportation Commission

 

By and with advice and consent of the Senate (10 members)

 

 

Secretary of Transportation and chairs and minority chairs of Senate and House Transportation Committees are members by virtue of their offices

Residency; party affiliation; restrictions on holding other state employment; must be "reputable citizens of the Commonwealth, of mature judgment and broad business experience;" at least one appointee must hold at least a private pilot's license and derive part of his or her livelihood from aviation- related activities or be otherwise actively involved in aviation; at least two must be members of the board of directors of a transportation authority at time of appointment

Pa. Cons. Stat. Ann. tit. 71, §178

 

Secretary of Transportation

 

By and with advice and consent of the Senate

 

 

 

 

Pa. Cons. Stat. Ann. tit. 71, §67.1

Rhode Island

Director of Transportation

 

With advice and consent of the Senate

 

 

 

 

R.I. Gen. Laws §42-13-1

South Carolina

Commission of the Department of Transportation

X (1 member, at-large)

 

Elected by legislators residing in each congressional district (6 members)

 

All must be screened by Joint Transportation Review Committee to determine whether they meet statutory requirements

Elections or appointments must "take into account race and gender so as to represent all segments of the state's population to the greatest extent possible;" no legislator or legislator's immediate family member is eligible; must have a degree that meets certain requirements or at least five years' experience in any combination of transportation, construction, finance, law, environmental issues, management or engineering

S.C. Code Ann. §1-3- 240, §§57-1- 310 et seq.

 

Secretary of Transportation

 

With advice and consent of the Senate1

 

 

 

Must possess "practical and successful business and executive ability and be knowledgeable in the field of transportation"

S.C. Code Ann. §57-1- 410

South Dakota

Transportation Commission

X

 

 

 

 

Party affiliation; residency; geographic representation

S.D. Codified Laws Ann. §§1-44-4 et seq.

 

Secretary of Transportation

 

By and with advice and consent of the Senate

 

 

 

 

S.D. Const. art. IV, §9; S.D. Codified Laws Ann. §1-32-3

Tennessee

Commissioner of Transportation

X

 

 

 

 

Must be "a person qualified by training and experience to perform the duties of the commissioner's office"

Tenn. Code Ann. §4-3- 2302

Texas

Texas Transportation Commission

 

With advice and consent of the Senate

 

 

 

Geographic representation; reflection of the diversity of the state; restrictions pertaining to conflicts of interest; one must reside in a rural area

Tex. Transportation Code Ann. §§201.051 et seq.

 

Executive Director of the DOT

 

 

 

 

Elected by the Texas Transportation Commission

Must be "experienced and skilled in transportation planning and development and in organizational management"

Tex. Transportation Code Ann. §201.301

Utah

Transportation Commission

 

With consent of the Senate

 

 

 

Geographic representation;residency

Utah Code Ann. §72-1- 301

 

Executive Director of the DOT

 

With consent of the Senate

 

 

With recommendations from the Transportation Commission

Must be "a qualified executive with technical and administrative experience and training appropriate for the position"

Utah Code Ann. §72-1- 202

Vermont

Transportation Board3

 

With advice and consent of the Senate

 

 

 

Party affiliation; restrictions pertaining to conflicts of interest; the governor must, so far as is possible, appoint members "whose interests and expertise lie in various areas of the transportation field"

Vt. Stat. Ann. tit. 19, §3

 

Secretary of Transportation

 

With advice and consent of the Senate

 

 

 

 

Vt. Stat. Ann. tit. 19, §7

Virginia

Commonwealth Transportation Board

 

Subject to confirmation by the legislature (14 citizen members)

 

 

Secretary of Transportation, Commonwealth Transportation Commissioner and Director of the Department of Rail and Public Transportation serve ex officio as nonvoting members; except, in cases of a tie, the secretary or commissioner may vote if acting as chair

Residency (14 citizen members)

Va. Code §§33.1-1 et seq.

 

Commonwealth Transportation Commissioner

 

Subject to confirmation by the legislature

 

 

 

Must be "an experienced administrator, able to direct and guide the Department in the establishment and achievement of the Commonwealth's long-range highway and other transportation objectives;" may be a nonresident of the state at the time of appointment

Va. Code §33.1-3

 

Secretary of Transportation

 

Subject to confirmation by the legislature

 

 

 

 

Va. Code §2.2-200

Washington

Transportation Commission

 

With consent of the Senate (7 members)

 

 

The governor or designee serves as a nonvoting member and the Secretary of Transportation serves ex officio

Residency; geographic representation; prohibitions on other state position or employment; commissioners should reflect a "wide range of transportation interests"

Wash. Rev. Code Ann. §47.01.051

 

Secretary of Transportation

 

With advice and consent of the Senate

 

 

 

 

Wash. Rev. Code Ann. §47.01.041

West Virginia

Secretary of Transportation (DOT)

 

With advice and consent of the Senate

 

 

 

 

W. Va. Code §5F-1-2

 

Commissioner of Highways (Division of Highways)

 

By and with advice and consent of the Senate

 

 

 

Must be "a person who is experienced in highway planning, finance, construction, maintenance, management and supervision qualifying him for the duties of his office"

W. Va. Code §17-2A-2

Wisconsin

Secretary of Transportation

 

With advice and consent of the Senate

 

 

 

 

Wis. Stat. Ann. §15.05

Wyoming

Transportation Commission

 

By and with advice and consent of the Senate

 

 

 

Party affiliation; geographic representation

Wyo. Stat. §24-2-101

 

Director of the DOT

X

 

 

 

Nominated by the Transportation Commission

Must be "qualified candidates"

Wyo. Stat. §24-2-105

District of Columbia

DOT Director

 

Appointed by the mayor, with the advice and consent of the Council

 

 

 

 

D.C. Code Ann. §50- 921.02

Puerto Rico

Secretary of Transportation and Public Works

 

With advice and consent of the Senate

 

 

 

 

PR. Const. art. IV, §5

 

Advisory Board on Transportation (advisory only)

X (2 members)

 

 

 

Secretary of Transportation and Public Works, Director of the Puerto Rico Office of Energy, Police Superintendent, chair of the Puerto Rico Public Service Commission and chair of the Puerto Rico Planning Board serve by virtue of their offices

Appointed members must be "related to the transportation system in Puerto Rico," have satisfactory knowledge in the area of transportation and have an "excellent reputation in the Puerto Rican community"

9 L.P.R.A. §3153

Notes

1.  The gubernatorial appointment of the South Carolina Secretary of Transportation expires in 2015, at which time the responsibility reverts to the Commission of the DOT (2007 S.C. Acts, Act 114).

2.  Before July 1, 2009, six commissioners represented counties and one was at-large. Now, four commissioners represent each of the four DOT regions and three are at-large; no more than two can be from any one region. At least one must be selected from a rural county.

3.  The Vermont Transportation Board provides appellate review of various state DOT decisions and rulings, has original jurisdiction over certain claims and conducts public hearings. Thus, although not solely advisory in nature, it does not have the policy-making function of many other transportation boards and commissions.