312 IAC 25-8-4 Filing requirements

Sec. 4. (a) Any employee who performs any function or duty under IC 14-34 or this article is required to file a statement of employment and financial interests. Members of a board (including the commission or advisory board) established under Indiana statute or rule to represent multiple interests, who perform a function or duty under IC 14-34 or this article, must file a statement of employment and financial interests. (b) An employee who occupies a position that has been determined by the director not to involve performance of any function or duty under IC 14-34 or this article is not required to file a statement. The director shall: (1) prepare a list of those positions within the department's division of reclamation that do not involve performance of any functions or duties under IC 14-34 or this article; (2) prepare a list of the divisions within the department that have no employees performing functions or duties under IC 14-34 or this article; and (3) for divisions within the department that have some employees performing functions or duties under IC 14-34 or this article, prepare a list of those positions required to file a statement of employment and financial interests. (c) For subsection (b)(1) and (b)(2), 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 IC 14-34-2-6 or this section. (d) For subsection (b)(3), only those employees who are employed in a listed organizational unit or who occupy a listed position will be required to file the statement of employment and financial interests. (e) The director shall annually review and update these listings. (f) The director shall submit the lists required in subsection (b) (or a certification that a revision is not required) to the director of the Office of Surface Mining (OSM) by no later than September 30 of each year. Each annual updated listing must be submitted to the director of OSM and must contain a written justification for inclusion of the positions listed in subsection (b)(1) and (b)(2) and exclusion of the positions not listed in subsection (b)(3). (g) The director may revise these listings at any time if it is determined such revision is required to carry out the purpose of the law or the regulations. Revisions are effective upon notification to the incumbent of an affected position.