508C.10 Plan of operation.
1. a. The association shall submit to the commissioner a plan of operation and any amendments to the plan of operation necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments to the plan are effective upon the commissioner’s written approval.
b. If the association fails to submit a suitable plan of operation within one hundred eighty days following July 1, 1987, or if at any time the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt rules pursuant to chapter 17A as necessary or advisable to effectuate this chapter. The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.
2. All member insurers shall comply with the plan of operation.
3. In addition to other requirements established in this chapter the plan of operation shall establish all of the following:
a. Procedures for handling the assets of the association.
b. The amount and method of reimbursing members of the board of directors under section 508C.7.
c. Regular places and times for meetings of the board of directors.
d. Procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors.
e. Procedures for selecting the board of directors and submitting the selections to the commissioner.
f. Any additional procedures for assessments under section 508C.9.
g. Additional provisions necessary or proper for the execution of the powers and duties of the association.
4. The plan of operation may provide that any powers and duties of the association, except those under section 508C.8, subsection 10, paragraph “c” and section 508C.9 are delegated to a corporation, 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, association, or organization shall be reimbursed for any payments made on behalf of the association and shall 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. The delegation shall be made only to a corporation, association, or organization which extends protection at least as favorable and effective as that provided by this chapter.
87 Acts, ch 223, §10
Referred to in §508C.6
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