SECTION 12.16. What To Report

(a) Each employee or member of an advisory board or commission representing multiple interests, as provided in §12.13 of this title (relating to Who Shall File), shall report all information required on the statement of employment and financial interests of the filer, his or her spouse, minor children, or other relatives who are full-time residents of the filer's home. The report shall be on OSM Form 23 as provided by the Office.

(b) The statement will set forth the following information regarding any financial interest:

(1) Employment. Any continuing financial interests in business entities and nonprofit organizations through a pension or retirement plan, shared income, salary or other income arrangement as a result of prior or current employment. The employee, his or her spouse or other resident relative is not required to report a retirement plan from which he or she will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the Commission;

(2) Securities. Any financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements including trusts. An employee is not required to report holdings in widely diversified mutual funds, investments clubs or regulated investment companies not specializing in underground and surface coal mining operations;

(3) Real Property. Ownership, lease, royalty or other interests or rights in land or minerals. Employees are not required to report lands developed and occupied for a personal residence; and

(4) Creditors. Debts owed to business entities and nonprofit organizations. Employees are not required to report debts owed to financial institutions (banks, savings and loan associations, credit unions, and the like) which are chartered to provide commercial or personal credit. Also excluded are charge accounts and similar short term debts for current and ordinary household and living expenses.

(c) Employee certification, and, if applicable, a listing of exceptions, shall include the following:

(1) the statement will provide for a signed certification by the employee that, to the best of his or her knowledge:

(A) none of the listed financial interests represent an interest in an underground or surface coal mining operation except as specifically identified and described as exceptions by the employee as part of the certificate; and

(B) the information shown on the statement is true, correct, and complete;

(2) an employee is expected to:

(A) have complete knowledge of his or her personal involvement in business enterprises such as a sole proprietorship and partnership, his or her outside employment and the outside employment of the spouse and other covered relatives; and

(B) be aware of the information contained in the annual financial statement or other corporate or business reports routinely circulated to investors or routinely made available to the public;

(3) the exceptions shown in the employee certification of the form must provide enough information for the Commission to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:

(A) list the financial interests;

(B) show the number of shares, estimated value or annual income of the financial interests; and

(C) include any other information which the employee believes should be considered in determining whether or not the interest represents a prohibited interest; and

(4) employees are cautioned to give serious consideration to their direct and indirect financial interests before signing the statement of certification. Signing the certification without listing known prohibited financial interests may be the cause for imposing the penalties prescribed in §12.12(a) of this title (relating to Penalties).

Source Note: The provisions of this §12.16 adopted to be effective April 7, 1997, 22 TexReg 3093; amended to be effective November 4, 1997, 22 TexReg 10640.