Plan of operation.

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  • (1)
    • (a) The association shall submit to the commissioner a plan of operation and any amendments to the plan necessary or suitable to assure the fair, reasonable, and equitable administration of the association.
    • (b) The plan of operation and any amendments become effective:
      • (i) upon the commissioner's written approval; or
      • (ii) after 30 days from the date the plan of operation or amendment is submitted to the commissioner if the commissioner has not disapproved the plan or amendment.
    • (c)
      • (i) If the association fails to submit a suitable amendment to the plan, the commissioner, after notice and hearing, shall adopt reasonable rules that are necessary or advisable to effectuate the provisions of this part.
      • (ii) The rules described in Subsection (1)(c)(i) continue in force until:
        • (A) modified by the commissioner; or
        • (B) superseded by an amendment to the plan:
          • (I) submitted by the association; and
          • (II) approved by the commissioner.
  • (2) A member insurer shall comply with the plan of operation.
  • (3) The plan of operation shall, in addition to any other requirement in this part:
    • (a) establish procedures for handling the assets of the association;
    • (b) establish the amount and method of reimbursing members of the board of directors under Section 31A-28-107;
    • (c) establish regular places and times for meetings of the board of directors, including telephone conference calls;
    • (d) establish procedures for records to be kept of the financial transactions of:
      • (i) the association;
      • (ii) the association's agents; and
      • (iii) the board of directors;
    • (e) subject to Section 31A-28-107, establish the procedures to be followed for:
      • (i) selecting members to the board of directors; and
      • (ii) submitting the selected members to the commissioner for approval;
    • (f) establish any additional procedures for assessments under Section 31A-28-109;
    • (g) establish procedures under which a member insurer may be removed from the board of directors for cause, including when the member insurer becomes an impaired or insolvent insurer;
    • (h) require the board of directors to establish policies and procedures that address conflicts of interests; and
    • (i) contain additional provisions necessary or proper for the execution of the powers and duties of the association.
  • (4)
    • (a) The plan of operation may provide that any or all powers and duties of the association, except those under Subsection 31A-28-108(14)(d) and Section 31A-28-109, are delegated to a corporation, association, or other organization that will perform functions similar to those of the association, or its equivalent, in two or more states.
    • (b) A corporation, association, or organization described in Subsection (4)(a) shall be:
      • (i) reimbursed for any payments made on behalf of the association; and
      • (ii) paid for its performance of any function of the association.
    • (c) A delegation under this Subsection (4):
      • (i) takes effect only with the approval of:
        • (A) the board of directors; and
        • (B) the commissioner; and
      • (ii) may be made only to a corporation, association, or organization that extends protection not substantially less favorable and effective than that provided by this part.




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