SEC. 71-3-165. Plan of operation of associations.
(1) Each association shall submit to the commission 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 shall become effective upon approval in writing by the commission.
(2) If at any time an association fails to submit suitable amendments to its plan, the commission shall, after notice and hearings, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of Sections 71-3-151 through 71-3-181. Such rules shall continue in force until modified by the commission or superseded by a plan submitted by the noncomplying association and approved by the commission.
(3) All member self-insurers shall comply with the plan of operation of the association to which they belong. The plan of operation of each association shall:
(a) Establish the procedures whereby all the powers and duties of the association under Section 71-3-163 will be performed.
(b) Establish procedures for handling assets of the association.
(c) Establish the amount and method of reimbursing members of the board of directors under Section 71-3-161.
(d) Establish procedures by which claims may be filed with the association, and establish acceptable forms of proof of covered claims.
(e) Establish regular places and times for meetings of the board of directors.
(f) Establish procedures for records to be kept of all financial transactions of the association, its agents and the board of directors.
(g) Provide that any individual self-insurer or group self-insurer aggrieved by any final action or decision of the association to which it belongs may appeal to the commission within thirty (30) days after the action or decision.
(h) Establish the procedures whereby selections for the board of directors will be submitted to the commission.
(i) Contain additional provisions necessary or proper for the execution of the powers and duties of the association.
(4) The plan of operation of each association may provide that any or all powers and duties of the association, except those under Section 71-3-163(1)(c) and Section 71-3-174, are delegated to a corporation, association or other organization which performs or will perform functions similar to those of the association. Such a corporation, association or organization shall be reimbursed as a servicing facility would be reimbursed, and shall be paid for its performance of any other functions of the association. A delegation under this subsection shall take effect only with the approval of both the board of directors of the association and the commission, and may be made only to a corporation, association or organization which extends protection not substantially less favorable and effective than that provided by Sections 71-3-151 through 71-3-181.
SOURCES: Laws, 1988, ch. 554, Sec. 8; Laws, 2003, ch. 553, § 3, HB 1305; Laws, 2004, ch. 555, § 6, HB 834, eff from and after July 1, 2004.
PREVIOUS VERSIONS: Pre-2004
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