§ 138A-28. Review and evaluation of statements of economic interest.

363 words·~2 min read·/nc/chapter-138a/138a-28

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(a)The Commission shall receive and review all statements of economic interest pursuant to G.S. 138A-10(a)(4) and shall evaluate whether

(i)the statements conform to the law and the rules of the commission, and

(ii)the financial interests and other information reported by prospective and actual covered persons reveal actual or potential conflicts of interest.

(b)Beginning July 1, 2013, the Commission shall establish a biennial cycle for evaluating statements of economic interest. The Commission shall evaluate each initial filing as provided in subsection

(a)of this section.

(c)Notwithstanding subsection

(b)of this section, statements filed by the following prospective and actual public servants shall be evaluated on an annual basis:

(1)The University of North Carolina Board of Governors, subject to G.S. 138A-24(f).

(2)The State Board of Community Colleges, subject to G.S. 138A-124(f).

(3)The North Carolina Utilities Commission.

(4)The North Carolina Industrial Commission.

(5)Supplemental statements filed pursuant to Chapter 136 of the General Statutes.

(6)Any other board or commission whose members are elected or confirmed by the General Assembly.

(d)Notwithstanding subsections

(a)and

(b)of this section, statements of economic interest filed by Constitutional officers of the State and individuals elected or appointed as Constitutional officers of the State prior to taking office shall be evaluated every four years upon election or appointment to office.

(e)A public servant who simultaneously serves on more than one covered board may file one statement of economic interest and that statement shall serve as disclosure for all the covered boards. If, during the biennial cycle, a public servant leaves one covered board and begins membership on another covered board, the public servant is not required to file another statement of economic interest, and the Commission is not required to evaluate the statement again in light of the subsequent appointment. The public servant must make subsequent filings pursuant to G.S. 138A-22(a) upon the expiration of the biennial cycle.

(f)Nothing in this section shall be construed to impair the Commission's duties and authority under G.S. 138A-25 and G.S. 138A-26. (2013-360, s. 30.4(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)