§ 138A-39. Disqualification to serve. - North Carolina Statutes

§ 138A‑39. Disqualification to serve.

(a)        Within 30 days ofnotice of the Commission's determination that a public servant has adisqualifying conflict of interest, the public servant shall eliminate theinterest that constitutes the disqualifying conflict of interest or resign fromthe public position.

(b)        Failure by a publicservant to comply with subsection (a) of this section is a violation of thisChapter for purposes of G.S. 138A‑45.

(c)        A decision underthis section shall be considered a final decision for contested case purposesunder Article 3 of Chapter 150B of the General Statutes.

(d)        As used in thissection, a disqualifying conflict of interest is a conflict of interest of suchsignificance that the conflict of interest would prevent a public servant fromfulfilling a substantial function or portion of the public servant's publicduties. (2006‑201,s. 1.)