1. A nonprofit organization of surplus lines brokers may be formed to:
(a) Facilitate and encourage compliance by its members with the laws of this State and the rules and regulations of the Commissioner concerning surplus lines insurance;
(b) Provide a means for the review of all surplus lines coverage written in this State;
(c) Communicate with organizations of admitted insurers with respect to the proper use of the surplus lines market;
(d) Receive and disseminate to brokers information relative to surplus lines coverages; and
(e) Charge members a filing fee, approved by the Commissioner, for the review of surplus lines coverages.
2. Every such organization shall exercise its powers through a board of directors and shall file with the Commissioner:
(a) A copy of its constitution, articles of agreement or association or certificate of incorporation;
(b) A copy of its bylaws, rules and regulations governing its activities;
(c) A copy of its plan of operations established and approved by the Commissioner;
(d) A current list of its members;
(e) The name and address of a resident of this State upon whom notices or orders of the Commissioner or processes issued at the direction of the Commissioner may be served; and
(f) An agreement that the Commissioner may examine the organization in accordance with the provisions of this section.
3. The Commissioner shall make an examination of the affairs, transactions, accounts, records and assets of such an organization and any of its members as often as the Commissioner deems necessary for the protection of the interests of the people of this State, but no less frequently than once every 3 years. The officers, managers, agents and employees of such an organization may be examined at any time, under oath, and shall provide to the Commissioner all books, records, accounts, documents or agreements governing its method of operation. The Commissioner shall furnish two copies of the examination report to the organization examined and shall notify the organization that it may, within 20 days thereof, request a hearing on the report or on any facts or recommendations set forth therein. If the Commissioner finds such an organization or any member thereof to be in violation of this chapter, the Commissioner may, in addition to any administrative fine or penalty imposed pursuant to this Code, issue an order requiring the discontinuance of such violations. In lieu of an examination conducted pursuant to this subsection, the Commissioner may accept the report of an independent audit of such an organization if the Commissioner deems that an independent audit is in the best interest of the residents of this State.
4. The board of directors of such an organization must consist of not fewer than five persons. Directors must be appointed in accordance with the bylaws of the organization. Any proposed director may be disapproved by the Commissioner and serves at the pleasure of the Commissioner.
5. A broker must be a member of such an organization as a condition of continued licensure under this chapter.
(Added to NRS by 1995, 1616; A 2017, 4001; 2019, 1703)