(1) If it is determined that the director has a prohibited financial interest, the Governor shall promptly advise the director that remedial action which will resolve the prohibited interest is required within 90 days. Remedial action for the director should be consistent with the procedures prescribed for other state employees.

(2) If the director fails to resolve a prohibited financial interest as directed by the Governor, the Governor shall immediately report this fact to the Federal Coal Regulatory Authority and shall take whatever further action is deemed appropriate.