Virginia Administrative Code
Title 4 - CONSERVATION AND NATURAL RESOURCES
Agency 25 - DEPARTMENT OF ENERGY
Chapter 130 - COAL SURFACE MINING RECLAMATION REGULATIONS
Part 705 - Restrictions on Financial Interests of State Employees
Section 4VAC25-130-705.19 - Resolving prohibited interests
Universal Citation: 4 VA Admin Code 25-130-705-19
Current through Register Vol. 41, No. 3, September 23, 2024
(a)
(1) If an employee has a prohibited financial
interest, the Director shall promptly notify the employee in writing, that
remedial action which will resolve the prohibited interest is required within
90 days.
(2) Remedial action may
include:
(i) Reassignment of the employee to
a position which performs no function or duty under the Act, or
(ii) Divestiture of the prohibited financial
interest, or
(iii) Other
appropriate action which either eliminates the prohibited interest or
eliminates the situation which creates the conflict.
(3) 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 these regulations, the Director shall report the
facts of the situation to the Director of the OSM, who, pursuant to Federal
regulations is required to determine whether action to impose penalties
prescribed under section 517(g) of the Federal Act should be initiated. The
report to the Director of the OSM shall include the original or a certified
true copy of the employee's statement and any other information pertinent to
the determination, including a statement of action being taken at the time the
report is made.
(b)
(1) If it is determined that the Director has
a prohibited financial interest, the Director will comply with remedial action
recommended by the OSM within 90 days of notification from the Governor or
other State official chosen by the OSM to give notification of such recommended
remedial action.
(2) Remedial
action should be consistent with the procedures prescribed for other State
employees by 4VAC25-130-705.19(a)(2).
(c) The Director shall take steps to assure that employees are notified of additional remedial action to be taken pursuant to recommendations from the OSM and that such actions are carried out.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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