any exceptions for the process for rules to be effective?
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if it is an emergency rule or if it has a different statutory procedure
how should findings of fact after formal adjudication be made
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based on the whole record and supported by substantial evidence
what makes a director interested
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director who has a substantial financial interest in transaction
what does a hearing on the record require
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(1) hearing on the record
(2) before an impartial officer who has the power to administer oaths and
issue subpoenas
(3) keep a complete record of the proceeding
(4) final determination must be n writing and include findings of fact and
reasons for the decision
when can administrative disciplinary penalties be set aside
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only if such punishment constitutes an abuse of discretion; penalty upheld
unless it is so disproportionate to the offense in light of all the
circumstances as to shock one's sense of fairness
are bylaws adopted by incorporators considered adopted by shareholders
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, yes
what is the process for evaluating standing for agency decisions
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(1) a party must show some harmful effect, whether economic or non-
economic or
(2) the interest sought to be protected must be arguably within the zone of
interest to be protected by the statute under which the agency has acted
how does LLC mananger management work
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must be approved in articles; managers will hold offices and have
responsibilites accorded them by members as provided in the operatiing
agreement and any action to be taken by a vote of the managers requires
majority
what is an operating agreement for LLC
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analogous to bylaws of corporation
, do rules of evidence apply to agency adjudication
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formal rules of evidence do not apply to administrative hearings, but rules
of privilege do (SPA 305)
what happens if an LLC does not comply with publication requirements
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authority of LLC to conduct business within the state is suspended and the
LLC is unable in to maintain any actiion in its name. but does not preclude
LLC from defending actions brought against it/impair validity of contract or
make member/manager liable for LLC's obligations
what is the standard voting threshold for shareholder votes
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any corporate actioin taken by vote of shareholders requries a majority
vote cast at a meeting of shareholders by the holders of shares entitled to
vote unless provided by statute, certificate of incorporation or bylaw
how can the operating agreement eliminate or limit manager's personal liability
Give this one a try later!
Give this one a try later!
if it is an emergency rule or if it has a different statutory procedure
how should findings of fact after formal adjudication be made
Give this one a try later!
based on the whole record and supported by substantial evidence
what makes a director interested
,Give this one a try later!
director who has a substantial financial interest in transaction
what does a hearing on the record require
Give this one a try later!
(1) hearing on the record
(2) before an impartial officer who has the power to administer oaths and
issue subpoenas
(3) keep a complete record of the proceeding
(4) final determination must be n writing and include findings of fact and
reasons for the decision
when can administrative disciplinary penalties be set aside
Give this one a try later!
only if such punishment constitutes an abuse of discretion; penalty upheld
unless it is so disproportionate to the offense in light of all the
circumstances as to shock one's sense of fairness
are bylaws adopted by incorporators considered adopted by shareholders
Give this one a try later!
, yes
what is the process for evaluating standing for agency decisions
Give this one a try later!
(1) a party must show some harmful effect, whether economic or non-
economic or
(2) the interest sought to be protected must be arguably within the zone of
interest to be protected by the statute under which the agency has acted
how does LLC mananger management work
Give this one a try later!
must be approved in articles; managers will hold offices and have
responsibilites accorded them by members as provided in the operatiing
agreement and any action to be taken by a vote of the managers requires
majority
what is an operating agreement for LLC
Give this one a try later!
analogous to bylaws of corporation
, do rules of evidence apply to agency adjudication
Give this one a try later!
formal rules of evidence do not apply to administrative hearings, but rules
of privilege do (SPA 305)
what happens if an LLC does not comply with publication requirements
Give this one a try later!
authority of LLC to conduct business within the state is suspended and the
LLC is unable in to maintain any actiion in its name. but does not preclude
LLC from defending actions brought against it/impair validity of contract or
make member/manager liable for LLC's obligations
what is the standard voting threshold for shareholder votes
Give this one a try later!
any corporate actioin taken by vote of shareholders requries a majority
vote cast at a meeting of shareholders by the holders of shares entitled to
vote unless provided by statute, certificate of incorporation or bylaw
how can the operating agreement eliminate or limit manager's personal liability
Give this one a try later!