§ 86.238. What to report.
(a) Each employe shall report information required on the statement of employment and financial interests of the employe, the employe spouse, minor children or other relatives who are full-time residents of the employe home. The report shall be on OSM Form 23 as provided by the Department. The statement consists of three major parts:
(1) A listing of financial interests, including employment, security, real property, creditor and other financial interests held during the course of the preceding year.
(2) A certification that none of the listed financial interests represent a direct or indirect financial interest in an underground or surface coal mining operation except as specifically identified and described by the employe as part of the certificate.
(3) A certification by the chairperson of the review committee that the form was reviewed, that prohibited interests have been resolved and that no other prohibited interests have been identified from the statement.
(b) The statement will set forth the following information regarding financial interest:
(1) Employment. A 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 employe, the employe’s spouse or other resident relative is not required to report a retirement plan from which that person will receive a guaranteed income. A guaranteed income is one which is unlikely to be changed as a result of actions taken by the Department.
(2) Securities. A financial interest in business entities and nonprofit organizations through ownership of stock, stock options, bonds, securities or other arrangements, including trusts. An employe is not required to report mutual funds, investment 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 lands or minerals. Employes are not required to report lands developed and occupied for personal residence.
(4) Creditors. Debts owed to business entities and nonprofit organizations. Employes 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) The statement will provide for a signed certification by the employe that to the best of his knowledge:
(1) 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 employe as part of the certificate.
(2) The information shown on the statement is true, correct and complete.
(d) The exceptions shown in the employe certification of the form shall provide enough information for the review committee to determine the existence of a direct or indirect financial interest. Accordingly, the exceptions should:
(1) List the financial interests.
(2) Show the number of shares, estimated value or annual income of the financial interests.
(3) Include other information which the employe believes should be considered in determining whether or not the interest represents a prohibited interest.
(e) An employe shall be expected to:
(1) Have complete knowledge of personal involvements in business enterprises such as a sole proprietorship and partnership, outside employment and the outside employment of the spouse and other covered relatives.
(2) 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.
Authority The provisions of this § 86.238 amended under section 5 of The Clean Streams Law (35 P.S. § 691.5); sections 4(a) and 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § § 1396.4(a) and 1396.4b); section 3.2 of the Coal Refuse Disposal Control Act (52 P.S. § 30.53b); section 7(b) of The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. § 1406.7(b)); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).
Source The provisions of this § 86.238 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382; amended March 13, 2020, effective March 14, 2020, 50 Pa.B. 1508. Immediately preceding text appears at serial pages (206744) and (336579).
Cross References This section cited in 25 Pa. Code § 86.17 (relating to permit and reclamation fees).
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