4 Va. Admin. Code § 25-130-705.23 - 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.
Notes
Statutory Authority
§§ 45.1-161.3 and 45.1-230 of the Code of Virginia.
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