Section 7710. Plan of operation  


Latest version.
  • (a) (1) The corporation shall submit to the
      superintendent  a plan of operation and any amendments thereto necessary
      or suitable to assure the fair, reasonable and equitable  administration
      of  the  corporation.  The  plan of operation and any amendments thereto
      shall become effective upon approval in writing by the superintendent.
        (2) If the corporation fails to submit a suitable  plan  of  operation
      within  one  hundred  eighty  days  following the effective date of this
      article or if at any time thereafter the  corporation  fails  to  submit
      suitable  amendments to the plan, the superintendent shall, after notice
      and hearing, adopt and promulgate such reasonable rules as are necessary
      or advisable to effectuate the provisions of this  article.  Such  rules
      shall  continue  in  force  until  modified  by  the  superintendent  or
      superseded by a plan submitted by the corporation and  approved  by  the
      superintendent.
        (b) All member insurers shall comply with the plan of operation.
        (c)  The  plan  of  operation  shall  constitute  the  bylaws  of  the
      corporation and shall, in addition to requirements enumerated  elsewhere
      in this article:
        (1) Establish procedures for handling the assets of the corporation.
        (2)  Establish  the  amount  and  method of reimbursing members of the
      board of directors under section seven thousand seven hundred  seven  of
      this article.
        (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 corporation, its agents and the board of directors.
        (5)  Establish  the  procedures  whereby  selections  for the board of
      directors will be made and submitted to the superintendent.
        (6) Establish any additional procedures for assessments under  section
      seven thousand seven hundred nine of this article.
        (7)  Contain  such  additional  provisions  as  the  superintendent or
      corporation may deem necessary or proper for the execution of the powers
      and duties of the corporation.
        (d) The plan of operation may provide  that  any  or  all  powers  and
      duties  of  the  corporation, except those under sections seven thousand
      seven hundred eight and  seven  thousand  seven  hundred  nine  of  this
      article,   are   delegated   to  a  corporation,  association  or  other
      organization which performs or will perform functions similar  to  those
      of  the  corporation,  or  its equivalent, in two or more states. Such a
      corporation, association or organization shall  be  reimbursed  for  any
      payments  made  on  behalf  of the corporation and shall be paid for its
      performance of any function of the corporation.  A delegation under this
      subsection shall take effect only with the approval of both the board of
      directors and the superintendent, and may be made only to a corporation,
      association or organization which extends protection  not  substantially
      less favorable and effective than that provided by this article.