Current with legislation from 2024 Fiscal and Special Sessions.
Section 4-33-621 - Termination, expulsion and suspension(a) No member of a public benefit or mutual benefit corporation may be expelled or suspended, and no membership or memberships in such corporations may be terminated or suspended except pursuant to a procedure that is fair and reasonable and is carried out in good faith.(b) A procedure is fair and reasonable when either: (1) the articles or bylaws set forth a procedure that provides: (i) not less than fifteen (15) days prior written notice of the expulsion, suspension or termination and the reasons therefor; and(ii) an opportunity for the member to be heard, orally or in writing, not less than five (5) days before the effective date of the expulsion, suspension or termination by a person or persons authorized to decide that the proposed expulsion, termination or suspension not take place; or(2) it is fair and reasonable taking into consideration all of the relevant facts and circumstances.(c) Any written notice given by mail must be given by first-class or certified mail sent to the last address of the member shown on the corporation's records.(d) Any proceeding challenging an expulsion, suspension or termination, including a proceeding in which defective notice is alleged, must be commenced within one (1) year after the effective date of the expulsion, suspension or termination.(e) A member who has been expelled or suspended may be liable to the corporation for dues, assessments or fees as a result of obligations incurred or commitments made prior to expulsion or suspension.Acts 1993, No. 1147, § 621.