(a) If as a result of a marriage that occurs after August 12, 2005, employees of a state agency are in violation of the prohibition established by § 25-16-1002, the violation shall be resolved by:
(1) Transferring one (1) of the employees to another position within the state agency;
(2) Transferring one (1) of the employees to another state agency; or
(3) The resignation of one (1) of the employees.
(b)
(1) The public official of the state agency shall provide written notice to the employees of each of the alternatives under subsection (a) of this section available to eliminate the violation.
(2) The employees shall be given the opportunity to select among the available alternatives.
(3) If the employees are unable to agree upon an alternative within sixty (60) days of the notice required under subdivision (b)(1) of this section, then the public official shall take action to eliminate the violation.