Okla. Admin. Code § 460:20-5-4

Current through Vol. 42, No. 7, December 16, 2024

Section 460:20-5-4 - Responsibility

(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.

Okla. Admin. Code § 460:20-5-4

Amended at 18 Ok Reg 3202, eff 7-26-01