                                 CODE OF VIRGINIA

PLAN OF OPERATION (§ 38.2-1607)

A. 1. The plan of operation and any amendments to it shall be submitted to the
Commission by the Association and shall not become effective until approved by
the Commission in writing. The Commission shall approve the plan or amendment to
the plan if it complies with this chapter and assures the fair, reasonable, and
equitable administration of the Association.

   2. The plan of operation approved under former &#xA7; 38.1-764 shall remain in
   effect until modified in accordance with subdivision 3 of this subsection.

   3. If the Association fails to submit suitable amendments to the plan, the
   Commission shall, after notice and hearing, adopt and promulgate any
   reasonable rules that are necessary or advisable to effect this chapter. Those
   rules shall continue in force until modified by the Commission or superseded
   by a plan or amendments submitted by the Association and approved by the
   Commission.

B. All member insurers shall comply with the plan of operation.

C. The plan of operation shall:

   1. Establish the procedures for exercising the powers and duties of the
   Association under &#xA7; 38.2-1606.

   2. Establish procedures for handling assets of the Association.

   3. Establish the amount and method of reimbursing members of the board of
   directors under &#xA7; 38.2-1605.

   4. 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 those claims shall be periodically
   submitted to the Association or similar organizations in another state by the
   receiver or liquidator.

   5. Establish regular places and times for meetings of the board of directors.

   6. Establish procedures for records to be kept of all financial transactions
   of the Association, its agents, and the board of directors.

   7. Provide that any member insurer aggrieved by any final action or decision
   of the Association may appeal to the Commission within thirty days after the
   action or decision.

   8. Establish the procedures for submitting to the Commission the names of
   elected members of the board of directors.

   9. 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 subdivision 3 of subsection A of &#xA7;
38.2-1606 and subdivision 2 of subsection B of &#xA7; 38.2-1606, shall be
delegated to a corporation, association, or other organization that 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
compensated for providing those and any other permissible services. A delegation
under this subsection shall take effect only with the approval of both the board
of directors and the Commission. The delegation may be made only to a
corporation, association, or organization that extends protection which is
substantially no less favorable or effective than that provided by this chapter.

HISTORY: 1970, c. 766, § 38.1-764; 1986, c. 562.