61B.25 PLAN OF OPERATION.
Subdivision 1.
Adoption and amendment. The purpose of the plan of operation is to assure
the fair, reasonable, and equitable administration of the association under sections
61B.18 to
61B.32. Amendments to the plan of operation must be submitted to the commissioner and
become effective upon the commissioner's written approval or 30 days after submission if the
commissioner has not disapproved. If the association fails to submit suitable amendments to
the plan, the commissioner shall, after notice and hearing, adopt reasonable rules necessary
or advisable to implement sections
61B.18 to
61B.32. The rules shall continue in force until
modified by the commissioner or superseded by amendments submitted by the association and
approved by the commissioner.
Subd. 2.
Compliance. All member insurers shall comply with the plan of operation.
Subd. 3.
Contents. The plan of operation must, in addition to requirements specified in
sections
61B.18 to
61B.32:
(1) establish procedures for handling the assets of the association;
(2) establish the amount and method of reimbursing members of the board of directors
under section
61B.22;
(3) establish regular places and times for meetings including telephone conference calls of
the board of directors or of the executive committee;
(4) establish procedures for records to be kept of all financial transactions of the association,
its agents, and the board of directors;
(5) establish procedures for selecting the board of directors;
(6) establish any additional procedures for assessments under section
61B.24; and
(7) contain additional provisions necessary or proper for the execution of the powers and
duties of the association.
Subd. 4.
Delegation of powers and duties. The plan of operation may provide that any or
all powers and duties of the association, except those under sections
61B.23, subdivision 13,
clause (3), and
61B.24, 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. The 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 subdivision shall take effect only with the approval of both
the board of directors and the commissioner, 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
61B.18 to
61B.32.
History: 1993 c 319 s 10