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 460:20-5-4 - Responsibility
Universal Citation: OK Admin Code 460:20-5-4
Current through Vol. 42, No. 1, September 16, 2024
(a) The Finance Officer of The State Department Of Mines shall:
(1) Provide advice, assistance, and guidance
to all State employees required to file statements pursuant to Section
460:20-5-7;
(2) Promptly review the statement of
employment and financial interests and supplements, if any, filed by each
employee, to determine if the employee has correctly identified those listed
employment and financial interests which constitute a direct or indirect
financial interest in an underground or surface coal mining
operation;
(3) Resolve prohibited
financial-interest situations by ordering or initiating remedial action or by
reporting the violations to the Director who is responsible for initiating
action to impose the penalties of the Act;
(4) Certify on each statement that review has
been made, that prohibited financial interests, if any, have been resolved, and
that no other prohibited interests have been identified from the
statement;
(5) Submit to the
Director such statistics and information as he or she may request to enable
preparation of the required annual report to the Governor, and the Director of
OSM;
(6) Submit to the Director the
initial listing and the subsequent annual listings of positions as required by
Section
460:20-5-7(b), (c), and
(d); the Director will forward the required
information to the Director of OSM.
(7) Furnish a blank statement 45 days in
advance of the filing date established by Section
460:20-5-8(a)
to each employee and members of advisory boards, the Oklahoma Mining
Commission, and commissions representing multiple interests required to file a
statement; and
(8) Inform annually
each State employee required to file a statement with the head of the
Department, Director or such other official designated by State law or
regulation, of the name, address, and telephone number of the person whom they
may contact for advice and counseling.
(b) The Oklahoma Governor's Office, Director of Appointments shall:
(1) Provide advice,
assistance, and guidance to members of advisory boards, the Oklahoma Mining
Commission and commissions representing multiple interests required to file
statements pursuant to Section
460:20-5-7;
(2) Promptly review the statements to
determine if financial interests which constitute a direct or indirect
financial interest in underground or surface coal mining operations have been
identified correctly;
(3) Resolve
prohibited financial-interest situations by ordering or initiating remedial
action which may include:
(A) Divestiture of
prohibited financial interests, or
(B) Other appropriate action which either
eliminates the prohibited interest or eliminates the situation which creates
the conflict.
(4)
Certify on each statement that the review has been made, that the prohibited
interests, if any, have been resolved, and that no other prohibited interests
have been identified from the statement;
(5) If after 90 days a member of an advisory
board, the Oklahoma Mining Commission, or commissions representing multiple
interests is notified to take remedial action and then fails to take such
action, the Governor's Office, Director of Appointments shall report such
noncompliance with the Act and this Chapter to the Director of OSM. The report
shall contain a copy of the original statement and any other pertinent
information, including a statement of actions being taken at the time the
report is made.
(c) Department of Mines employees, members of advisory boards, the Oklahoma Mining Commission, and commissions representing multiple interests performing any duties or functions under the Act shall:
(1)
Have no direct or indirect financial interest in coal mining
operations;
(2) File a fully
completed statement of employment and financial interest 120 days after this
Chapter becomes effective or upon entrance of duty, and annually thereafter on
specified filing dates; and
(3)
Comply with directives issued by persons responsible for approving each
statement and comply with directives issued by those persons responsible for
ordering remedial actions.
Amended at 18 Ok Reg 3202, eff 7-26-01
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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