Current through Bulletin 2024-18, September 15, 2024
311. Each Board member and any employee who
performs any function or duty under the Act is required to file a statement of
employment and financial interests. An employee who occupies a position which
has been determined by the Director not to involve performance of any function
or duty under the Act, or who is no longer employed by the Division at the time
a filing is due, is not required to file a statement;
312. The Director will prepare a list of
those positions within the Division that do not involve performance of any
functions or duties under the Act. Only those employees who are employed in a
listed organizational unit, or who occupy a listed position, will be exempted
from the filing requirements of Section
40-10-7
of the Act;
313. The Director will
annually review and update this position listing. For monitoring and reporting
reasons, the listing must be submitted to the Director of the Office and must
contain a written justification for inclusion of the positions listed. Proposed
revisions or a certification that revision is not required will be submitted to
the Director of the Office no later than September 30 of each year. The
Director may revise the listing by the addition or deletion of positions at any
time he or she determines such revisions are required to carry out the purpose
of the State Program. Additions to, and deletions from, the listing of
positions are effective upon notification to the incumbents of the positions
added or deleted.
321. Board members and
employees performing functions or duties under the Act will file annually on
February 1 of each year, or at such other date as may be agreed to by the
Director of the Office;
322. New
employees hired, appointed, or transferred to perform functions or duties under
the Act and any new Board members will be required to file at the time of
entrance to duty;
323. New
employees and new Board members are not required to file an annual statement on
the subsequent annual filing date if this date occurs within two months after
their initial statement was filed. For example, an employee or Board member
entrance date of December 1, 1978, would file a statement on that date. Because
December 1 is within two months of February 1, the employee would not be
required to file his or her next annual statement until February 1,
1980.
330. Where to File: The
Director will file his or her statement with the Director of the Office. All
other employees and Board members, as provided in R645-101-310, will file their
statement with the Director or such other official as may be designated by Utah
law or rule.
341. Each board member and
employee will report all information required on the statement of employment
and financial interests of the employee, his or her spouse, minor children, or
other relatives who are full-time residents of the employee's home. The report
will be on Office Form 705-1 as provided by the Division. The statement
consists of three major parts:
341.100. A
listing of all financial interests, including employment, security, real
property, creditor, and other financial interests held during the course of the
preceding year;
341.200. A
certification that none of the listed financial interests represent a direct or
indirect financial interest in a coal mining and reclamation operation except
as specifically identified and described by the employee as part of the
certificate; and
341.300. A
certification by the reviewer that the form was reviewed, that prohibited
interests have been resolved, and that no other prohibited interests have been
identified from the statement.
342. Listing of all financial interests. The
statement will set forth the following information regarding any financial
interest:
342.100. Employment: Any continuing
financial interests in business entities and nonprofit organizations through a
pension or retirement plan, shared income, salary, or other income arrangement
as a result of prior or current employment. The board member or employee, his
or her spouse, or other resident relative is not required to report a
retirement plan from which he or she will receive a guaranteed income. A
guaranteed income is one which is unlikely to be changed as a result of actions
taken by the Division;
342.200.
Securities: Any financial interest in business entities and nonprofit
organizations through ownership of stock, stock options, bonds, securities, or
other arrangements including trusts. A board member or employee is not required
to report mutual funds, investment clubs, or regulated investment companies not
specializing in coal mining and reclamation operations;
342.300. Real Property: Ownership, lease,
royalty, or other interests or rights in lands or minerals. Board members or
employees are not required to report lands developed and occupied for a
personal residence; and
342.400.
Creditors: Debts owed to business entities and nonprofit organizations. Board
members or employees are not required to report debts owed to financial
institutions (banks, savings and loan associations, credit unions, and the
like) which are chartered to provide commercial or personal credit. Also
excluded are charge accounts and similar short-term debts for current and
ordinary household and living expenses.
343. Board member or employee certification,
and, if applicable, a listing of exceptions.
343.100. The statement will provide for a
signed certification by the board member or employee that to the best of his or
her knowledge:
343.110. None of the
listed financial interests represent an interest in a coal mining and
reclamation operation except as specifically identified and described as
exceptions by the board member or employee as part of the certificate;
and
343.120. The information shown
on the statement is true, correct, and complete.
343.200. A board member or employee is
expected to:
343.210. Have complete
knowledge of his or her personal involvement in business enterprises such as a
sole proprietorship and partnership, his or her outside employment and the
outside employment of the spouse and other covered relatives; and
343.220. Be aware of the information
contained in the annual financial statement or other corporate or business
reports routinely circulated to investors or routinely made available to the
public.
343.300. The exceptions
shown in the board member or employee certification of the form must provide
enough information for the Director to determine the existence of a direct or
indirect financial interest. Accordingly, the exceptions should:
343.310. List the financial
interests;
343.320. Show the number
of shares, estimated value or annual income of the financial interests;
and
343.330. Include any other
information which the employee believes should be considered in determining
whether or not the interest represents a prohibited interest.
343.400. Board members and employees are
cautioned to give serious consideration to their direct and indirect financial
interests before signing the statement of certification. Signing the
certification without listing known prohibited financial interests may be cause
for imposing the penalties prescribed in R645-101-210.
