SECTION 460:20-5-12. Resolving prohibited interests

(a)   Actions to be taken by the Director;

(1)   Remedial action to effect resolution. If any employee has a prohibited financial interest, the Director shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.

(2)   Remedial action may include:

(A)   Reassignment of the employee to a position which performs no function or duty under the Act, or

(B)   Divestiture of the prohibited financial interest, or

(C)   Other appropriate action which either eliminates the prohibited interest or eliminates the situation which creates the conflict.

(3)   Reports of noncompliance. 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 this Chapter, the Director shall report the facts of the situation to the Director of OSM who shall determine whether action to impose the penalties prescribed by the Act should be initiated. The report to the Director of OSM shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director of OSM's determination, including a statement of actions being taken at the time the report is made.

(b)   Actions to be taken by the Director of OSM:

(1)   Remedial action to effect resolution. Violations of the regulations in this subchapter by the Director will be cause for remedial action by the Governor of the State or other appropriate State official based on recommendations from the Director of OSM on behalf of the Secretary. The Governor or other appropriate State official shall promptly advise the Director that remedial action which will resolve the prohibited interest is required within 90 days.

(2)   Remedial action should be consistent with the procedures prescribed for other State employees by Section 460:20-5-12(a)(2).

(3)   Reports of noncompliance.

(A)   If 90 days after the Director is notified to take remedial action the Governor or other appropriate State official notifies the Director of OSM that the Director is not in compliance with the Act and this Chapter, the Director of OSM shall report the facts of the situation to the Secretary who shall determine whether the action to impose the penalties prescribed by the Act, or to impose the eligibility restrictions prescribed by Section 460:20-5-1, should be initiated.

(B)   Within 30 days of receipt of a noncompliance report from the Director under Section 460:20-5-12(a)(3), the Director of OSM shall notify the Director and the employee involved of additional action to be taken. Actions which the Director of OSM may take include but are not limited to the granting of additional time for resolution or the initiation of action to impose the penalties prescribed by the Act.

[Source: Amended at 16 Ok Reg 3526, eff 9-13-99]