§435E-24 - Noncomplying member.
§435E-24 Noncomplying member. In theevent a participating member fails to comply with any provision of the trustagreement (other than a failure to pay assessments when due), the board oftrustees may terminate the person's membership status if such failure to complyis not cured within sixty days from the date the person is notified of thefailure; provided that before such membership status may be terminated suchperson shall be given the right to call for a hearing before the board oftrustees (to be held before the expiration of such sixty-day period), at whichhearing such person shall be given the opportunity to demonstrate to the boardof trustees that no failure to comply has occurred; or, if it has occurred,that it has been cured. Upon termination, the former participating membershall not be entitled to the return of all or any part of his or her initialcontribution, and the indemnity coverage shall thereupon terminate as to allclaims then pending against such person and in respect to all occurrences priorto the date of such termination of membership. However, in the event theinterindemnity arrangement is then providing legal defense services to suchperson, the interindemnity arrangement shall continue to provide those servicesfor a period of ten days following such termination. [L 1977, c 182, pt of §1]