§ 108A-65. Conflict of interest. - North Carolina Statutes

§ 108A‑65. Conflict of interest.

(a)        It shall be unlawful for any person who is or has been anofficer or employee of State or county government, and as such is or has beenresponsible for the expenditure of substantial amounts of federal, State orcounty money under the State medical assistance plan, or any person who is thepartner of the present or former officer or employee, to engage in any of thefollowing activities relating to the State medical assistance program:

(1)        Knowingly to act as agent or attorney for, or otherwiseknowingly to represent, any person other than the United States, the State or acounty, in any formal or informal appearance before, or with the intent toinfluence, make any oral or written communication on behalf of any other personother than the United States, the State or a county to:

a.         Any department, agency, court, board, commission,legislature or committee of the United States, the State or a county, or anyofficer or employee thereof,

b.         In connection with any of the following matters in which theUnited States, the State, or a county is a party or has a direct andsubstantial interest, such as any judicial or other proceeding, legislation,application, request for a ruling or other determination, contract, claim,controversy, investigation, charge, accusation, arrest, or other particularmatter involving a specific party or parties,

c.         In which he participated personally and substantially as anofficer or an employee through decision, approval, recommendation, the renderingof advice, investigation or otherwise.

(2)        Within two years after his employment has ceased, knowinglyto act as agent or attorney for, or otherwise knowingly to represent, any otherperson other than the United States, the State or a county, in any formal orinformal appearance before, or, with the intent to influence, make any oral orwritten communication on behalf of any other person other than the UnitedStates, the State or a county to:

a.         Any department, agency, court, board, commission, legislatureor committee of the United States, the State, or a county, or any officer oremployee thereof,

b.         In connection with any of the following matters in which theUnited States, the State, or a county is a party or has a direct andsubstantial interest, such as, any judicial or other proceeding, legislation,application, request for a ruling or other determination, contract, claim,controversy, investigation, charge, accusation, arrest, or other particularmatter involving a specific party or parties,

c.         Which was actually pending under his official responsibilityas an officer or employee within a period of one year prior to the terminationof responsibility.

(3)        Within two years after his employment has ceased, knowinglyto aid, counsel, advise, consult or by personal presence represent any otherperson other than the United States, the State or a county in any formal orinformal appearance before:

a.         Any department, agency, court, board, commission,legislature or committee of the United States, the State, or the county, or anyofficer or employee thereof,

b.         In connection with any of the following matters in which theUnited States, the State, or a county is a party or has a direct andsubstantial interest, such as, any judicial or other proceeding, legislation,application, request for a ruling or other determination, contract, claim,controversy, investigation, charge, accusation, arrest, or other particularmatter involving a specific party or parties,

c.         Which was actually pending under his official responsibilityas an officer or employee within the period of one year prior to thetermination of such responsibility.

(4)        To participate personally and substantially as an officer oremployee, through decision, approval, disapproval, recommendation, rendering ofadvice, investigation or otherwise, in a judicial or other proceedinglegislation, application, request for a ruling or other determination,contract, claim, controversy, charge, accusation, arrest or other particularmatter in which, to his knowledge, he, his spouse, minor child, partner,organization in which he is serving as an officer, director, trustee, partneror employee, or any person or organization with whom he is negotiating or hasany arrangement concerning prospective employment, has a financial interest.

(b)        Violation of this statute is a Class 1 misdemeanor.

(c)        The Department of Health and Human Services shall annuallyidentify and designate by rule or regulation those positions which are filledby State or county officers or employees who are responsible for theexpenditure of substantial amounts of moneys under the State medical assistanceplan. (1981, c. 679, s. 1; 1993,c. 539, s. 818; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s.11A.118(a).)