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SOLICITATION AND USE OF VDOT BUILDINGS AND GROUNDS FOR NONWORK PURPOSES (REPEALED)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 (Repealed.)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 (Repealed.)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.