312 IAC 25-8-8 Resolving prohibited interests; actions by the director

Sec. 8. (a) If an employee has a prohibited financial interest, the director shall promptly advise the employee that remedial action that will resolve the prohibited interest is required within ninety (90) days. (b) Remedial action may include: (1) reassignment of the employee to a position that performs no function or duty under IC 14-34; (2) divestiture of the prohibited financial interest; or (3) other appropriate action that either eliminates the prohibited interest or eliminates the situation that creates the conflict. (c) If, ninety (90) days after an employee is notified to take remedial action, that employee is not in compliance with the requirements of IC 14-34 and this article, the director shall report the facts of the situation to the director of the Office of Surface Mining who shall determine whether action to impose the penalties prescribed by IC 14-34 should be initiated. The report to the director of the Office of Surface Mining shall include the original or a certified true copy of the employee's statement and any other information pertinent to the state director of the Office of Surface Mining's determination, including a statement of actions being taken at the time the report is made.