Administrative Code

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Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 25. Department of Mines, Minerals and Energy
Chapter 130. Coal Surface Mining Reclamation Regulations
9/26/2020

4VAC25-130-705.23. Other State and Local Government Agencies.

(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.

Historical Notes

Derived from VR480-03-19 § 705.23, eff. December 15, 1981; amended, eff. June 28, 1982; October 28, 1982; December 14, 1982; October 11, 1983; December 27, 1983; May 8, 1984; June 22, 1984; August 2, 1984; October 16, 1985; January 7, 1987; July 22, 1987; November 25, 1987; October 12, 1988; December 26, 1990; July 1, 1991; July 17, 1991; November 20, 1991; July 7, 1992; May 5, 1993; October 19, 1994.

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