§431:16-109  Plan of operation.

  (a)(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 shall become effective upon approval in writing by the commissioner.

     (2)  If the association fails to submit a suitable plan of operation within ninety days following May 25, 1971, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner, after notice and hearing, shall adopt, pursuant to chapter 91, such rules as are necessary to effectuate this part.  The rules shall continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

     (b)  All member insurers shall comply with the plan of operation.

     (c)  The plan of operation shall:

     (1)  Establish the procedures whereby all the powers and duties of the association under section 431:16-108 shall be performed;

     (2)  Establish procedures for handling assets of the association;

     (3)  Establish procedures for the disposition of liquidating dividends or other moneys received from the estate of the insolvent insurer;

     (4)  Establish the amount and method of reimbursing members of the board of directors under section 431:16-107(c);

     (5)  Establish procedures by which claims may be filed with the association and establish acceptable forms of proof of covered claims.  Notice of claims to the receiver or liquidator of the insolvent insurer shall be deemed notice to the association or its agent and a list of the claims shall be periodically submitted to the association or similar organization in another state by the receiver or liquidator;

     (6)  Establish regular places and times for meetings of the board of directors;

     (7)  Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;

     (8)  Provide that any member insurer aggrieved by any final action or decision of the association may appeal to the commissioner within thirty days after the action or decision;

     (9)  Establish the procedures whereby selections for the board of directors will be submitted to the commissioner; and

    (10)  Contain additional provisions necessary or proper for the execution of the powers and duties of the association.

     (d)  The plan of operation may provide that any or all powers and duties of the association, except those under section 431:16-108(a)(3) and (b)(2), 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 as a servicing facility would be reimbursed and shall be paid for its performance of any other 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, association, or organization which extends protection not substantially less favorable and effective than that provided by this part. [L 1987, c 347, pt of §2 as superseded by c 349, §12; am L 2000, c 93, §8]