§ 4984 - Plan of operation - Vermont Statutes

§ 4984. Plan of operation

(a) Within 45 days following the creation of an association pursuant to section 4982 of this title, or such additional time as may be prescribed by the commissioner, the board of directors of the association shall submit to the commissioner for review and approval a proposed plan of operation consistent with the provisions of this chapter. If the commissioner approves the proposed plan, he or she shall certify such approval to the board and the plan shall take effect ten days after such certification. If the commissioner disapproves of all or any part of the proposed plan, he or she shall return the plan to the board with a statement in writing of the reasons for his or her disapproval and any recommendations he or she may make. The board may accept the commissioner's recommendations and submit the amended plan to the commissioner or submit a new plan within 30 days after the return of the disapproved plan to the board. Within ten days after receipt of the second plan, the commissioner shall promulgate a plan and certify it to the board. A plan promulgated by the commissioner shall take effect ten days after certification to the board.

(b) The plan of operation shall provide for economic, fair and nondiscriminatory administration, and for the prompt and efficient provision of insurance on a self-supporting basis. The plan shall contain other provisions including, but not limited to, preliminary assessment of all members for initial expenses necessary to commence operations, establishment of necessary facilities, management of the association, administrative expenses, reasonable commission arrangements, reasonable and objective underwriting standards, procedures for acceptance and cession of reinsurance, appointment of servicing carriers or other servicing arrangements or the direct issuance of syndicate policies, procedures for determining amounts of insurance to be provided by the association, provisions for assessment of deficits under section 4986 of this title, and an equitable apportionment among the members in the association's writings, expenses, servicing allowance, management fees, and losses.

(c) Amendments to the plan may be made by the board of directors of the association, subject to the approval of the commissioner. The commissioner may also make amendments to the plan subject to the approval of the board. An amendment to the plan shall take effect not less than ten days after adoption. (Added 1985, No. 265 (Adj. Sess.), § 4, eff. June 4, 1986.)