(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. (1) Conducts or is seeking to conduct, operations or activities that are regulated by the Department; or
2. (2) Has interests that may be substantially affected by the performance or nonperformance 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 persons concerned which are the motivating factors. An employee may accept:

1. (1) Food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon, dinner, or other meeting where an employee may properly be in attendance; and
2. (2) Unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars, and other items of nominal value.