Expulsion of Members. By at least the concurrence of the vote of at least two-thirds (2/3) of the entire remaining membership of the Board of Directors, any MEMBER may be expelled. Such expulsion, which shall take effect in the manner set out below, may be carried out for one or more of the following reasons:
(a) Failure to make any payments due to the COOPERATIVE,
(b) Failure to exclusively provide to its employees and officers, except independent contractors, or those in union-sponsored programs, the health and accident bene- fits and associated life insurance coverage of the COOPERATIVE,
(c) Failure to furnish full cooperation with the COOPERATIVE's attorneys, Execu- tive Director, Administrator and any agent, employee, officer or independent con- tractor of the COOPERATIVE relating to the purpose and powers of the COOPERATIVE,
(d) Failure to carry out any obligation of a MEMBER which impairs the ability of the COOPERATIVE to carry out its purpose and powers. No MEMBER may be expelled, except after notice from the COOPERATIVE, of the al- leged failure along with a reasonable opportunity of not less than fifteen (15) days to cure the alleged failure. The MEMBER, within that 15 day period, may request a hearing before the Board of Directors before any decision is made as to whether the expulsion shall take place. The Board of Directors shall set the date for a hearing which shall not be less than fifteen (15) days after the expiration of the time to cure has passed. The Board of Directors may appoint a hearing officer to conduct such hearing and make a recommendation to the Board of Directors based up- on findings of fact. If the Board conducts the hearing itself, it may make a decision at the close of the hearing. A decision by the Board of Directors to expel a MEMBER after notice and hear- ing and a failure to cure the alleged defect shall be final unless the Board of Directors shall be found by a court to have committed a gross abuse of discretion. After expulsion, the former MEMBER shall continue to be fully obligated for any payments due to the COOPERATIVE which were created during the term of its membership along with any other unfulfilled obligation as if it were still a MEMBER of the COOPERATIVE. The obligation of the COOPERATIVE to administer the claims filed under the benefit program of the expelled MEMBER shall cease thirty (30) days after the date of expulsion, pro- vided that the MEMBER is not in financial arrears to the COOPERATIVE. If the expelled MEMBER is in f...
Expulsion of Members. 3 Section 8.01.
Expulsion of Members. 14.1 A Member which fails to make a contribution or other payment due to the Pool shall be automatically expelled from the Pool on the sixtieth (60) day following the due date, unless time for payment is extended by the Board and payment is made within any extended period. A notice of failure to make a contribution or other payment due to the Pool shall be mailed to the Member at least thirty (30) days prior to the date of automatic expulsion. If payment is not made within any extended period, the automatic expulsion shall occur on a date, no later than twenty (20) days after the last day of the extended period, set by the Board. An expulsion under this Paragraph 14.1 shall not be subject to the provisions of Paragraph 14.2.
14.2 A Member may be expelled by the Board for failure to carry out any other obligation of the Member, or for failure to maintain its membership in the Special District Association of Colorado if such membership was required by the Board at the time the Member was admitted to the Pool, subject to the following:
1. The Member shall receive notice from the Board of the alleged failure and not less than thirty (30) days in which to cure the alleged failure, along with notice that expulsion may result if the failure is not so cured.
2. The Member shall receive at least thirty (30) days prior notice from the Board, of the date, place and time when the Board will consider expelling the Member from the Pool, and the Member shall be entitled to be present at that meeting and to present evidence and reasons why it should not be expelled. The decision of the Board shall be effective as of the date and upon the terms and conditions set forth in the Pool Agreement and applicable excess or reinsurance policies and otherwise specified by the Board, except as provided in Subparagraph 3 of this Paragraph 14.2.
3. The Member may appeal the Board’s decision to the expulsion committee, which shall schedule a hearing thereon. The Member and the Board shall be provided at least ten (10) days prior written notice of the date, time and place of the hearing. The appealing Member shall be entitled to be present at that hearing and to present evidence and reasons why it should not be expelled and the Board may present evidence and reasons why expulsion is proper. The decision of the expulsion committee shall be final and any expulsion effective as of the date and upon the terms and conditions set forth in the Pool Agreement and applicable excess or reinsurance...
Expulsion of Members. No Member shall have the right to remove or otherwise cause the expulsion from the Company of any other Member.
Expulsion of Members. (1) By a two-thirds (2/3) vote of the members present at a meeting, any member may be expelled. Such expulsion, which shall take effect sixty (60) days after such meeting, may be carried out for one or more of the following reasons:
(a) Failure to undertake or continue loss reduction and prevention procedures adopted by MACo PCT.
(b) Failure to allow MACo PCT reasonable access to all facilities and records of the members necessary for proper administration of MACo PCT.
(c) Failure to fully cooperate with MACo PCT’s attorneys, claims adjusters, or other administrator, agent, employee, or officer of MACo PCT.
(d) Failure to carry out any obligation of a member who impairs the ability of MACo PCT to carry out its purpose or powers.
(2) No member may be expelled except after notice from the board of the alleged failure along with the reasonable opportunity of not less than thirty (30) days to cure the alleged failure. The member may request a hearing before the members before any final decision, which shall be held within fifteen (15) days after the expiration of the time to cure has passed. The board shall present the case for expulsion to the members. The member affected may present its case. A decision by the membership to expel a member after notice and hearing and failure to cure the alleged defect shall be final and take effect sixty (60) days after the decision to expel is approved by the members. After expulsion, the former member shall be liable for any unpaid contributions or other charges pro rata to the effective date of expulsion, and shall not be entitled to reimbursement of contributions that are to be paid or that shall become payable in the future.
Expulsion of Members. 1. Refer to By-Law IV (subsection 1 & 2) of the BCLA Constitution.
Expulsion of Members. A participatory agency may be expelled from membership in the Group in the following manner:
(a) The advisory committee of the Group may make recommendations to the Group Board with cause and review for expulsion. The Group Board may initiate expulsion of a participatory agency from membership in the Group, by providing the governing authority of the participatory agency with written notice of possible expulsion. The governing authority of the participatory agency shall submit to the Group a written response to the notice of possible expulsion within thirty (30) days of the agency’s receipt of said notice.
(b) A participatory agency may be expelled from membership in the Group by two- thirds (2/3) vote, based on voting allocation as provided in ARTICLE VIII - SECTION 7, of all representatives to the Group Board voting in favor of expulsion. Expulsion of any participatory agency from the Group is from IGHCP (not from coverage provided by the insurance carrier). Such expulsion shall be effective at the end of the fiscal year following the vote to expel for purposes of the expelled agency’s financial obligations, but shall be effective immediately for purposes of the expelled agency’s authority to deliberate/vote and take other action with respect to the Group.
(c) Expulsion from membership shall not relieve the expelled agency of the obligation to pay its share of the operating expenses of the Group up to the effective date of expulsion of such member.
(d) Expulsion from membership shall not relieve the expelled agency of the obligation to pay its full share of any current expenditures of the Group which have been approved by the Group consistent with these Articles and By-laws, before the effective date of expulsion of such member.
(e) No expelled agency shall have an interest in or receive any portion of any common pool of funds established by this Agreement.
Expulsion of Members. A. A Member may be expelled upon a vote of the Board of Directors for failure to participate, cooperate or support the activities and purposes of these Articles, or for any action which is materially detrimental to the operation and administration of these Articles, as determined by the Board of Directors.
B. Upon such vote of expulsion, a District Member's or Founding Member's participation shall terminate no earlier than sixty days after the expulsion vote.
C. An expelled Member shall remain liable for any obligation incurred to the effective date of expulsion, including any outstanding membership fees.
Expulsion of Members. Members may by majority vote expel a Member for cause subject to the provisions of Section 11.01.
Expulsion of Members. The Cooperative will adopt a conflict resolution procedure.
