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 4VAC25-130-705.23 - Other state and local government agencies

Current through Register Vol. 40, No. 24, July 15, 2024
(a) The head of each State or local
				  government agency which performs any function or duty under the Act, pursuant
				  to a memorandum of agreement with the Department, or other authorization,
				  shall, prior to such agency commencing functions or duties under the Act,
				  prepare a list of positions within the agency which perform, or will perform,
				  functions or duties under the Act, and shall submit this list to the Director
				  and shall certify that the list contains all positions within the agency which
				  will be performing functions or duties under the Act.
(b) Each employee who occupies a position
				  listed pursuant to Subsection (a) of this section, shall, prior to commencing
				  any function or duty under the Act, complete a statement of employment and
				  financial interest in accordance with 4VAC25-130-705.17 and shall file the
				  statement with the head of the employee's agency. Each such employee shall also
				  complete and file a statement annually, in accordance with
				  4VAC25-130-705.13.
(c) The head of
				  each State or local agency having positions listed pursuant to Subsection (a)
				  of this section shall be responsible for insuring that each employee who
				  occupies a listed position within the agency receives a form for the statement
				  of employment and financial interest, and that the employee completes the
				  statement. The head of the agency shall collect all completed statements and
				  shall submit them to the Director and shall certify that all employees
				  occupying listed positions have completed and filed the required
				  statement.
(d) The Director shall
				  review the statements and if he finds that there are prohibited financial
				  interests, he shall notify the head of the agency of the employee having the
				  prohibited financial interest. The head of the agency shall promptly notify the
				  employee and take action in accordance with 4VAC25-130-705.19 to resolve the
				  prohibited interest within 90 days of notification to the employee. The head of
				  the agency shall report the result of such actions to the Director. If the
				  employee is not in compliance by the end of the 90-day period, then the
				  Director shall report the facts of the situation to the OSM, and shall take
				  such other steps, including termination or modification of any memorandum of
				  agreement as he deems appropriate.
(e) Members of boards or commissions of other
				  State or local government agencies which perform functions or duties under the
				  Act shall complete and file a statement of employment and financial interest,
				  if such members perform duties or functions under the Act, such as, but not
				  limited to, the adoption of regulations, the issuances of certificates or
				  permits, and the determination of contested cases.
(f) The phrase "performing any function or
				  duty under the Act" as used in this section, shall be construed to mean those
				  functions or duties under the Act which would have been performed by employees
				  of the Department in the absence of a memorandum of agreement between the
				  Department and another State or local government agency or similar
				  authorization.
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of
						Virginia.