(1) The department is designated as the agency responsible for implementing a state safety oversight program that satisfies the requirements of 49 U.S.C. § 5329(e) and shall have the authority to implement all requirements necessary to comply with 49 U.S.C. § 5329(e) and the implementing federal regulations.
(2) The department may enter into an agreement with one (1) or more contractors to act on behalf of the department in carrying out the duties of the department under this part. However, any such contractor may not provide services to both the department and a rail fixed guideway public transportation system under the oversight of the department, unless authorized by a waiver issued by the federal transit administrator or the administrator's designee.