2005 Idaho Code - 30-3-42 — TERMINATION, EXPULSION AND SUSPENSION

                                  TITLE  30
                                 CORPORATIONS
                                  CHAPTER 3
                       IDAHO NONPROFIT CORPORATION ACT
    30-3-42.  TERMINATION, EXPULSION AND SUSPENSION. (1) No member, except a
member of a religious 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.
    (2)  A procedure is fair and reasonable when either:
    (a)  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
    (b)  It is fair and reasonable taking into consideration all of the
    relevant facts and circumstances.
    (3)  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.
    (4)  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.
    (5)  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.