§ 143C-10-3. Suspension from office or impeachment for refusal to comply with Chapter. - North Carolina Statutes

§ 143C‑10‑3. Suspension from office or impeachment for refusal to comply with Chapter.

(a)        State Officers orEmployees of the Executive Branch. – The Governor may suspend from theperformance of his or her duties any State officer or employee of the executivebranch except an officer elected by the people, who persists, after notice andwarning, in failing or refusing to comply with the provisions of this Chapteror any lawful administrative directive issued pursuant to this Chapter. Beforeacting to suspend, the Governor shall give the accused notice and anopportunity to be heard in his or her own defense. The Governor shall reportthe facts leading to suspension to the Attorney General who may initiateappropriate criminal or civil proceedings. The Governor may apply to theGeneral Court of Justice for a restraining order and injunction if a suspendedofficer or employee persists in performing official acts.

(b)        Elected Officers. –A State officer elected by the people who knowingly and willfully fails orrefuses to comply with any provision of this Chapter or any lawfuladministrative directive issued under this Chapter is subject to impeachment. (2006‑203, s. 3; 2007‑393,s. 10.)