La. Admin. Code tit. 43 § XV-517

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-517 - Resolving Prohibited Interests

A. Actions to be Taken by the Commissioner

1. Remedial Action to Effect Resolution. If an employee has a prohibited financial interest, the commissioner shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.

2. Remedial action may include: reassignment of the employee to a position which performs no function or duty under the Act; divestiture of the prohibited financial interest; 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 these regulations, the commissioner shall notify the director of his determination and shall provide a report to the director, including the original or a certified true copy of the employee's statement and any other pertinent information.

B. Actions to be Taken by the Governor

1. Remedial Action to Effect Resolution. Violations of the regulations in this Chapter by the commissioner will be cause for remedial action by the governor or other appropriate state official based on recommendations from the director on behalf of the secretary. The governor or other appropriate state official shall promptly advise the commissioner 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 §517. A 2

3. Reports of Noncompliance. If, 90 days after the commissioner is notified to take remedial action, the governor or other appropriate state official notifies the director that the commissioner is not in compliance with the Act and these regulations, the director shall take such action as may be appropriate under federal law.

La. Admin. Code tit. 43, § XV-517

Promulgated by the Department of Natural Resources, Office of Conservation, LR 5:395 (December 1979), amended LR 6:177 (May 1980), LR 14:441 (July 1988), LR 20:447 (April 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:901-932.