312 Ind. Admin. Code 25-8-2

Current through May 29, 2024
Section 312 IAC 25-8-2 - Definitions

Authority: IC 14-34-1-3

Affected: IC 14-34-2-6

Sec. 2.

The following definitions apply throughout this rule:

(1) "Act" means IC 14-34.
(2) "Coal mining operation" means the business of:
(A) developing, producing, preparing, or loading bituminous coal, subbituminous coal, anthracite, or lignite; or
(B) reclaiming the areas upon which such activities occur.
(3) "Direct financial interest" means:
(A) ownership or part ownership by an employee of lands, stocks, bonds, debentures, warrants, partnership shares, or other holdings; and
(B) any other arrangement where the employee may benefit from his or her holding in or salary from coal mining operations.

Direct financial interests include employment, pensions, creditor, real property and other financial relationships.

(4) "Employee" means any person employed by the department or the commission who performs any function or duty under IC 14-34.
(5) "Indirect financial interest" means the same financial relationships as for direct ownership, but where the employee reaps the benefits of such interests, including interests held by his or her spouse, minor child, and other relatives, including inlaws, residing in the employee's home. The employee will not be deemed to have an indirect financial interest if there is no relationship between the employee's functions or duties and the coal mining operation in which the spouse, minor children, or other resident relatives hold a financial interest.
(6) "Office" means the Office of Surface Mining Reclamation and Enforcement, United States Department of the Interior.
(7) "Performing any function or duty under IC 14-34" means those decisions or actions, which, if performed or not performed by an employee, affect the programs under IC 14-34.
(8) "Prohibited financial interests" means any direct or indirect financial interest in any coal mining operation.

312 IAC 25-8-2

Natural Resources Commission; 312 IAC 25-8-2; filed Jun 21, 2001, 2:53 p.m.: 24 IR 3604, 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