Submission of Plan of Operation; Contents; Compliance With Such Plan

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  1. The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association.The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner.If the association fails to submit a suitable plan of operation or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter.Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner.
  2. All member insurers shall comply with the plan of operation.
  3. The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter:
    1. Establish procedures for handling the assets of the association;
    2. Establish the amount and method of reimbursing members of the board of directors under Code Section 33-38-6;
    3. Establish regular places and times for meetings of the board of directors;
    4. Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;
    5. Establish any additional procedures for assessments under Code Section 33-38-15; and
    6. Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

(Code 1933, § 56-2208, enacted by Ga. L. 1981, p. 1336, § 1; Ga. L. 2012, p. 701, § 1/HB 786; Ga. L. 2019, p. 386, § 144/SB 133.)

The 2019 amendment, effective July 1, 2019, deleted "within 180 days following July 1, 1981," following "plan of operation" near the middle of the third sentence of subsection (a).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Administrative Law, § 77 et seq.

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, § 87 et seq.


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