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A public reference institution of the State of North Carolina's law

PUBLISHED

N.C.G.S. § 138A-39

Disqualification to serve.

Effective date
2026-08-08
Last verified
2026-08-09
Source
official source
Revision history
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(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).)

Reviewed 2026-08-09 · source_verified