Oklahoma Administrative Code
Title 460 - Department of Mines
Chapter 20 - The Permanent Regulations Governing the Coal Reclamation Act of 1979
Subchapter 5 - Financial Interests of State Employees
Section 460:20-5-12 - Resolving prohibited interests
Universal Citation: OK Admin Code 460:20-5-12
Current through Vol. 42, No. 1, September 16, 2024
(a) Actions to be taken by the Director;
(1) Remedial action to effect resolution. If
any employee has a prohibited financial interest, the Director shall promptly
advise the employee that remedial action which will resolve the prohibited
interest is required within 90 days.
(2) Remedial action may include:
(A) Reassignment of the employee to a
position which performs no function or duty under the Act, or
(B) Divestiture of the prohibited financial
interest, or
(C) Other appropriate
action which either eliminates the prohibited interest or eliminates the
situation which creates the conflict.
(3) Reports of noncompliance. If 90 days
after an employee is notified to take remedial action that employee is not in
compliance with the requirements of the Act and this Chapter, the Director
shall report the facts of the situation to the Director of OSM who shall
determine whether action to impose the penalties prescribed by the Act should
be initiated. The report to the Director of OSM shall include the original or a
certified true copy of the employee's statement and any other information
pertinent to the Director of OSM's determination, including a statement of
actions being taken at the time the report is made.
(b) Actions to be taken by the Director of OSM:
(1) Remedial action to effect resolution.
Violations of the regulations in this subchapter by the Director will be cause
for remedial action by the Governor of the State or other appropriate State
official based on recommendations from the Director of OSM on behalf of the
Secretary. The Governor or other appropriate State official shall promptly
advise the Director that remedial action which will resolve the prohibited
interest is required within 90 days.
(2) Remedial action should be consistent with
the procedures prescribed for other State employees by Section
460:20-5-12(a)(2).
(3) Reports of
noncompliance.
(A) If 90 days after the
Director is notified to take remedial action the Governor or other appropriate
State official notifies the Director of OSM that the Director is not in
compliance with the Act and this Chapter, the Director of OSM shall report the
facts of the situation to the Secretary who shall determine whether the action
to impose the penalties prescribed by the Act, or to impose the eligibility
restrictions prescribed by Section
460:20-5-1, should be
initiated.
(B) Within 30 days of
receipt of a noncompliance report from the Director under Section
460:20-5-12(a)(3), the Director of OSM shall notify the Director and the
employee involved of additional action to be taken. Actions which the Director
of OSM may take include but are not limited to the granting of additional time
for resolution or the initiation of action to impose the penalties prescribed
by the Act.
Amended at 16 Ok Reg 3526, eff 9-13-99
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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