312 Ind. Admin. Code 25-8-1

Current through May 29, 2024
Section 312 IAC 25-8-1 - Responsibility of director

Authority: IC 14-34-1-3

Affected: IC 14-34-2-6

Sec. 1.

(a) The director shall do the following:
(1) Provide advice, assistance, and guidance to all employees required to file statements pursuant to section 4(a) of this rule.
(2) Review, within required time limits, the statement of employment and financial interests and supplements filed by each employee to determine if the employee has correctly identified those listed employment and financial interests that 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 of the Office of Surface Mining (OSM) who is responsible for initiating action to impose the penalties of IC 14-34.
(4) Certify on each Statement of Employment and Financial Interests that:
(A) a review has been made;
(B) prohibited financial interests have been resolved; and
(C) no other prohibited interests have been identified from the statement.
(5) Submit to the director of OSM such data that may be requested to enable preparation of the required annual report to Congress.
(6) Submit to the director of OSM the listings of positions as required by section 4(b)(1) and 4(b)(3) of this rule.
(7) Furnish a blank statement forty-five (45) days in advance of the filing date established by 30 CFR 705.13(a) to each employee required to file a statement.
(8) Inform annually each employee required to file a statement of the name, address, and telephone number of the person whom they may contact for advice and counseling.
(b) Employees performing any duty or function under IC 14-34 shall:
(1) have no direct or indirect financial interest in coal mining operations;
(2) file a fully completed Statement of Employment and Financial Interest upon entrance to duty and annually thereafter on the specified filing date; and
(3) comply with all directives issued by the director who is responsible for approving the statement.
(c) Commission members and advisory council members shall abstain from voting in decision-making functions that directly affect a company in which that member has a direct or indirect financial interest.

312 IAC 25-8-1

Natural Resources Commission; 312 IAC 25-8-1; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3603, eff Dec 1, 2001; readopted filed May 29, 2007, 9:51 a.m.: 20070613-IR-312070146RFA; readopted filed Sep 19, 2013, 10:12 a.m.: 20131016-IR-312130125RFA
Readopted filed 3/26/2019, 3:40 p.m.: 20190424-IR-312190011RFA