SECTION 460:20-5-7. Who shall file

(a)   Any employee and members of the Oklahoma Mining Commission, advisory boards, and commissions representing multiple interests who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director not to involve performance of any function or duty under the Act or who is no longer employed by the Department of Mines at the time a filing is due, is not required to file a statement.

(b)   The Director shall prepare a list of those positions within the Department of Mines that do not involve performance of any functions or duties under the Act. The Department of Mines may be organized to include more activities than are covered by the Act. For example, if a State has identified its Department of Mines as the State Regulatory Authority there may be only one or two offices within that Department which have employees who perform any functions or duties under the Act. In those cases, the Director shall list the title of boards, offices, bureaus, or divisions within the Department of Mines which do not perform any functions or duties under the Act for only those boards, offices, bureaus or divisions that do have some employees performing functions and duties under the Act. Only those employees who are employed in a listed organizational unit or who occupy a listed position will be exempted from the filing requirements of Section 767.

(c)   The Director shall prepare and submit to the Director of OSM, an initial listing of positions that do not involve performance of any functions or duties under the Act within 60 days of the effective date of the State program approval.

(d)   The Director shall annually review and update this listing. For monitoring and reporting reasons, the listing must be submitted to the Director of OSM and must contain a written justification for inclusion of the positions listed. Proposed revisions or a certification that a revision is not required shall be submitted to the Director by no later than September 30 of each year. The Director may revise the listing by addition or deletion of positions at any time he or she determines such revisions are required to carry out the purpose of the law or the regulations of this Subchapter. Additions to and deletions from the listing of positions are effective upon notification to the incumbents of the positions added or deleted.

(e)   The Secretary or the Director of OSM may modify the listing at any time one or both of them determines that the listing submitted by the Department indicates that coverage is not sufficient to carry out the purpose of the law or the regulations of this Subchapter.

[Source: Amended at 18 Ok Reg 3202, eff 7-26-01]