N.D. Cent. Code § 10-33-62
This is the official text of N.D. Cent. Code § 10-33-62, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
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10-33-62. Termination of membership
Official statutory text
10-33-62. Termination of membership
1. A member may not be expelled or suspended, and a membership may not be
terminated or suspended, except pursuant to a procedure that is fair and reasonable
and is carried out in good faith. This section does not apply to the termination of a
membership at the end of a fixed term.
2. A procedure is fair and reasonable when it is fair and reasonable taking into
consideration all of the relevant facts and circumstances. In addition, a procedure is
fair and reasonable if it provides:
a. Not less than fifteen days' prior written notice of the expulsion, suspension, or
termination, and the reasons for it; and
b. An opportunity for the member to be heard, orally or in writing, not less than five
days before the effective date of the expulsion, suspension, or termination by a
person authorized to decide that the proposed expulsion, termination, or
suspension not take place.
3. A proceeding challenging an expulsion, suspension, or termination, including a
proceeding in which defective notice is alleged, must be commenced within one year
after the effective date of the expulsion, suspension, or termination.
4. The expulsion, suspension, or termination of a member does not relieve the member
from obligations the member may have to the corporation for dues, assessments, or
fees or charges for goods or services.
1. A member may not be expelled or suspended, and a membership may not be
terminated or suspended, except pursuant to a procedure that is fair and reasonable
and is carried out in good faith. This section does not apply to the termination of a
membership at the end of a fixed term.
2. A procedure is fair and reasonable when it is fair and reasonable taking into
consideration all of the relevant facts and circumstances. In addition, a procedure is
fair and reasonable if it provides:
a. Not less than fifteen days' prior written notice of the expulsion, suspension, or
termination, and the reasons for it; and
b. An opportunity for the member to be heard, orally or in writing, not less than five
days before the effective date of the expulsion, suspension, or termination by a
person authorized to decide that the proposed expulsion, termination, or
suspension not take place.
3. A proceeding challenging an expulsion, suspension, or termination, including a
proceeding in which defective notice is alleged, must be commenced within one year
after the effective date of the expulsion, suspension, or termination.
4. The expulsion, suspension, or termination of a member does not relieve the member
from obligations the member may have to the corporation for dues, assessments, or
fees or charges for goods or services.
Status: in_force · Read it on the official government site
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