Director authority, responsibilities, and duties.

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  • (1)
    • (a) The director may delegate to an external agent the management of a portion of the trust fund money or assets, if the delegation is prudent under the circumstances and consistent with the purposes of the trust fund.
    • (b) The director shall periodically review the actions of an agent under Subsection (1)(a) in order to monitor the agent's performance and compliance with the scope and terms of the delegation.
  • (2) The director shall act in good faith, with the care that a prudent professional in a like position would exercise under similar circumstances, in:
    • (a) selecting an agent;
    • (b) establishing the scope and terms of a delegation under Subsection (1); and
    • (c) periodically reviewing the agent's actions, as provided in Subsection (1)(b).
  • (3) In performing a delegated function, an agent owes a duty to the state and the beneficiaries to exercise reasonable care to comply with the scope and terms of the delegation.




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