4VAC25-130-705.11: Who shall file

(a) Any employee who performs any function or duty under the Act is required to file a statement of employment and financial interests. An employee who occupies a position which has been determined by the Director not to involve performance of any function or duty under the Act or who is no longer employed by the Department at the time a filing is due, is not required to file a statement.

(b) The Director shall prepare:

(1) A list of those divisions, offices and sections within the Department which do not perform any functions or duties under the Act; and

(2) A list of the positions not performing functions or duties under the Act for only those divisions, offices and sections that do have employees performing functions or duties under the Act.

(c) Only those employees who are employed in a listed division office or section, or who occupy a listed position will be exempted from the filing requirements of these regulations.

(d) The Director shall submit these lists to the Director of the OSM, together with written justification for inclusion of the positions and the organizations listed.

(e) The Director shall review and update these lists annually. The Director may revise these lists by the addition or deletion of positions and organizations at any time he determines such revisions are required to carry out the purposes of the Act or these regulations. Proposed revisions or certification that revision is not required shall be submitted to the Director of the OSM no later than September 30 of each year. Additions to and deletions from the list of positions are effective upon notification to the incumbents of the positions added or deleted.