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North Carolina · Through S.L. 2026-30

N.C. Gen. Stat. § 138A-39: Disqualification to serve.

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Where this section sits in the code
  1. Chapter 138A. State Government Ethics Act.
  2. Article 4. Ethical Standards for Covered Persons.

(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).)

Collected 2026-08-27T18:22:02Z. Source file · JSON

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