Section 48.32A.095 - Plan of operation(1)(a) The association shall submit to the commissioner a plan of operation and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments are effective upon the commissioner's written approval or unless it has not been disapproved within thirty days.(b) If the association fails to submit a suitable plan of operation within one hundred twenty days following July 22, 2001, or if at any time thereafter the association fails to submit suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt reasonable rules as necessary or advisable to effectuate the provisions of this chapter. The rules continue in force until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.(2) All member insurers shall comply with the plan of operation.(3) The plan of operation must, in addition to requirements enumerated elsewhere in this chapter: (a) Establish procedures for handling the assets of the association;(b) Establish the amount and method of reimbursing members of the board of directors under RCW 48.32A.065;(c) Establish regular places and times for meetings including telephone conference calls of the board of directors;(d) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors;(e) Establish the procedures whereby selections for the board of directors are made and submitted to the commissioner;(f) Establish any additional procedures for assessments under RCW 48.32A.085;(g) Establish procedures whereby a director may be removed for cause, including in the case where a member insurer becomes an impaired or insolvent insurer;(h) Require the board of directors to establish policies and procedures for addressing conflicts of interests among the board of directors and the member insurers they represent; and(i) Contain 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 or all powers and duties of the association, except those under RCW 48.32A.075(12)(c) and 48.32A.085, 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 must be reimbursed for any payments made on behalf of the association and must be paid for its performance of any function of the association. A delegation under this subsection takes 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 chapter.
RCW 48.32A.095
Amended by 2022 c 151,§ 8, eff. 6/9/2022.2001 c 50 § 10.