SECTION 12.17. Gifts and Gratuities

(a) Except as provided in subsection (b) of this section, employees shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a coal company which:

(1) conducts or is seeking to conduct, operations or activities that are regulated by the Commission; or

(2) has interests that may be substantially affected by the performance or non-performance of the employee's official duty.

(b) The prohibitions in subsection (a) of this section do not apply in the context of obvious family or personal relationships, such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the person concerned which are the motivating factors.

(c) Employees found guilty of violating the provisions of this section will be subject to administrative remedies which may include:

(1) return of the gift or gratuity;

(2) reassignment;

(3) suspension or reduction in pay; and

(4) job termination.

Source Note: The provisions of this §12.17 adopted to be effective April 7, 1997, 22 TexReg 3093.