SECTION 12.18. Resolving Prohibited Interests

Actions to be taken by the Commission:

(1) Remedial action to effect resolution. If an employee has a prohibited financial interest, the Commission shall promptly advise the employee that remedial action which will resolve the prohibited interest is required within 90 days.

(2) Form of remedial action. Remedial action may include:

(A) reassignment of the employee to a position which performs no function or duty under the Act; or

(B) divestiture of the prohibited financial interest; or

(C) 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 Commission shall take appropriate legal action through the state Attorney General's office as specified under §12.12 of this title (relating to Penalties), and report the facts of the situation to the Director, who shall determine whether any additional action should be initiated. The report to the Director shall include the original or a certified true copy of the employee's statement and any other information pertinent to the Director's determination, including a statement of actions being taken at the time the report is made.

Source Note: The provisions of this §12.18 adopted to be effective April 7, 1997, 22 TexReg 3093.