                                 CODE OF VIRGINIA

CONTINUING EDUCATION PROGRAM; PLAN OF OPERATION; APPROVAL BY COMMISSION (§
38.2-1874)

A. The Board shall submit to the Commission a plan of operation that provides
for the fair and nondiscriminatory administration of the continuing insurance
education program established pursuant to this article. Such plan shall not
become effective until approved by the Commission in writing. The Board may, at
any time, propose amendments to the plan of operation, and such amendments shall
not become effective until approved by the Commission. The plan of operation
shall:

   1. Establish guidelines for the Board to utilize in adopting procedures for
   exercising its powers and duties;

   2. Establish guidelines for the Board to utilize in adopting procedures for
   handling the assets of the continuing insurance education program;

   3. Establish guidelines for reimbursing members of the Board for the necessary
   expenses incurred in the performance of their official duties and for
   indemnifying members for all expenses and liabilities incurred as a result of
   their serving as members of the Board;

   4. Establish guidelines for determining places and times for meetings of the
   Board;

   5. Establish guidelines for adopting procedures for records to be kept of all
   financial transactions of the Board and administrator;

   6. Establish procedures for the election of Board officers;

   7. Establish guidelines pursuant to which the Board may adopt a reasonable
   means whereby any person aggrieved by an action of the Board or administrator
   may appeal such action to the Board and, after written request, be heard in
   person or by an authorized representative to review the grievance. Guidelines
   may include additional levels of appeal other than those set forth herein, but
   shall provide, at a minimum, that (i) if the Board or its administrator fails
   to grant or reject the grievance within 15 calendar days after it is made, the
   person filing the grievance may proceed in the same manner as if his grievance
   had been rejected; (ii) any person adversely affected by the action of the
   Board or its administrator on such request may, within 15 calendar days after
   written notice of the action, make a written request for informal review by
   the Bureau of Insurance, which shall affirm or reverse the action upon not
   less than 10 calendar days&#8217; written notice to the person and to the
   Board or its administrator; and (iii) any person adversely affected by the
   action of the Bureau of Insurance on such request may, within 15 calendar days
   after written notice of the action, appeal to the Commission pursuant to the
   Commission&#8217;s &#8220;Rules of Practice and Procedure.&#8221; The
   Commission may affirm or reverse the action upon not less than 10 calendar
   days&#8217; written notice to the person and to the Board or its
   administrator; and

   8. Contain guidelines for the Board to utilize in adopting additional
   provisions necessary or proper for the execution of the powers and duties of
   the Board including but not limited to (i) program requirements and approved
   programs of study; (ii) qualifications and responsibilities of course
   instructors; (iii) management and record-keeping responsibilities; (iv) fee
   schedules and filing requirements; and (v) course refund policies and
   procedures.

B. If the Commission disapproves all or any part of the proposed plan of
operation or amendment thereto, the Board shall within 15 calendar days submit
for review an appropriate revised plan of operation or amendment thereto. If the
Board fails to do so, the Commission shall promulgate a plan of operation or an
amended plan of operation. The plan of operation or amended plan of operation
approved or promulgated by the Commission shall become effective and operational
upon order of the Commission.

C. A regular meeting of the Board shall be held at least annually at such time,
date, and place approved by the Board. Special meetings may be called at any
time by the chairman. Notices of all regular and special meetings shall be sent
to each person serving as a representative on the Board or a subcommittee of the
Board and to the Commission. Each notice shall state the purpose of the meeting
and include any proposed changes in rules or procedures. Any such meeting
notices shall be given in such form as may be acceptable to the Board at least
20 calendar days prior to the date of the meeting.

D. The books of account, records, reports and other documents of the Board and
its administrator shall be open to the Commission for examination at all
reasonable hours.

E. There shall be no liability on the part of and no cause of action shall arise
against any member of the Board, the Board, the Board&#8217;s agents or
employees, or the Commission or its representatives for any action taken or
statement made by them in good faith in the performance of their powers and
duties under this article.

HISTORY: 1992, c. 570; 1994, c. 175; 1996, c. 159; 2001, c. 706; 2010, c. 335;
2012, c. 294.