138A-39. Disqualification to serve.
(a) Within 30 days of notice of the Commission's determination that a public servant has a disqualifying conflict of interest, the public servant shall eliminate the interest that constitutes the disqualifying conflict of interest or resign from the public position.
(b) Failure by a public servant to comply with subsection (a) of this section is a violation of this Chapter for purposes of G.S. 138A-45.
(c) A decision under this section shall be considered a final decision for contested case purposes under Article 3 of Chapter 150B of the General Statutes.
(d) As used in this section, a disqualifying conflict of interest is a conflict of interest of such significance that the conflict of interest would prevent a public servant from fulfilling a substantial function or portion of the public servant's public duties. (2006-201, s. 1; 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 138A - State Government Ethics Act
Article 4 - Ethical Standards for Covered Persons.
§ 138A-31 - Use of public position for private gain.
§ 138A-33 - Other compensation.
§ 138A-34 - Use of information for private gain.
§ 138A-35 - Other rules of conduct.
§ 138A-36 - Public servant participation in official actions.
§ 138A-37 - Legislator participation in legislative actions.
§ 138A-38 - Permitted participation exception.