North Carolina General Statutes 138A-28. Review and evaluation of statements of economic interest
(a) The Commission shall receive and review all statements of economic interest pursuant to N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 138A-24(f).
Terms Used In North Carolina General Statutes 138A-28
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(2) The State Board of Community Colleges, subject to N.C. Gen. Stat. § 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 N.C. Gen. Stat..
(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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 138A-25 and N.C. Gen. Stat. § 138A-26 (2013-360, s. 30.4(b); 2017-6, s. 3; 2018-146, s. 3.1(a), (b).)