26.1-38.1-07. Plan of operation

26.1-38.1-07. Plan of operation

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 become effective upon the commissioner's written approval or

after thirty days if the commissioner has not disapproved the plan of operation and any

amendments thereto.

2. If the association fails to submit a suitable plan of operation within one hundred twenty

days following July 1, 1989, or if at any time thereafter the association fails to submit

suitable amendments to the plan, the commissioner shall, after notice and hearing,

adopt such reasonable rules as are necessary or advisable to effectuate the provisions

of this chapter. Such rules must continue in force until modified by the commissioner or

superseded by a plan submitted by the association and approved by the

commissioner.

3. All member insurers shall comply with the plan of operation.

4. The plan of operation must, in addition to requirements enumerated elsewhere in this

chapter:

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 26.1-38.1-04;

c. Establish regular places and times for meetings, including telephone conference

calls of the board of directors;

d. Establish procedures for records to be kept of all financial transactions of the

association, its agents, and the board of directors;

e. Establish the procedures whereby selections for the board of directors will be

made and submitted to the commissioner;

f. Establish any additional procedures for assessments under section 26.1-38.1-06;

g. Contain additional provisions necessary or proper for the execution of the powers

and duties of the association;

h. Establish procedures whereby a director may be removed for cause, including if a

member insurer director becomes an impaired or insolvent insurer; and

i. Require the board of directors to establish a policy and procedures for addressing

conflicts of interest.

5. The plan of operation may provide that any or all powers and duties of the association,

except those under subdivision c of subsection 16 of section 26.1-38.1-05 and section

26.1-38.1-06, are delegated to a corporation, limited liability company, association, or

other organization which performs or will perform functions similar to those of this

association, or its equivalent, in two or more states. Such a corporation, limited liability

company, association, or organization must be reimbursed for any payments made on

behalf of the association and must be paid for its performance of any function of the

association. A delegation under this subsection shall take effect only with the approval

of both the board of directors and the commissioner, and may be made only to a

corporation, limited liability company, association, or organization which extends

protection not substantially less favorable and effective than that provided by this

chapter.