§ 147-33.98. Unauthorized use of public purchase or contract procedures for private benefit prohibited. - North Carolina Statutes

§147‑33.98.  Unauthorized use of public purchase or contract proceduresfor private benefit prohibited.

(a)        It shall beunlawful for any person, by the use of the powers, policies, or proceduresdescribed in this Part or established hereunder, to purchase, attempt topurchase, procure, or attempt to procure any property or services for privateuse or benefit.

(b)        This prohibitionshall not apply if:

(1)        The department,institution, or agency through which the property or services are procured hadtheretofore established policies and procedures permitting such purchases orprocurement by a class or classes of persons in order to provide for the mutualbenefit of such persons and the department, institution, or agency involved, orthe public benefit or convenience; and

(2)        Such policies andprocedures, including any reimbursement policies, are complied with by theperson permitted thereunder to use the purchasing or procurement proceduresdescribed in this Part or established thereunder.

(c)        Any violation of thissection is a Class 1 misdemeanor. (1999‑434, s. 10; 2000‑174,s. 2.)