liability risks - Licensed operators and employees. A. Upon written certification by the Director of the Office of Management and Enterprise Services that errors and omissions liability insurance for licensed operators and their employees is not reasonably available in the private market at competitive rates, after taking into account the administrative costs associated with such insurance, the Risk Management Administrator pursuant to Section 85.58A of this title may obtain or provide limited indemnity coverage for licensed operators and the employees who are employed by such licensed operators for any errors and omissions liability risks arising from the performance of their official duties pursuant to law. Any such certification by the Director of the Office of Management and Enterprise Services shall be effective for a period of two (2) years. Any such limited indemnity coverage shall be obtained or provided solely from funds available in the shared risk pool authorized by this section and subject to the limitations set out herein. The Risk Management Administrator shall establish liability limits for such errors and omissions coverage on an annual basis. Any such limits shall be based on the liquidity of the shared risk pool resulting from the annual payments made pursuant to subsection C of this section and any interest accrued thereon, after deduction of such sums as may be necessary to pay all overhead and administrative expenses associated with administering the pool. B. The Risk Management Administrator is authorized to determine eligibility criteria for participation in the Risk Management Program for such licensed operators and employees of such licensed operators. Any limited indemnity coverage provided for errors and omissions pursuant to the provisions of this subsection shall only cover errors or omissions made by a licensed operator or any employee of such licensed operator occurring after July 1, 1990. C. Except as otherwise provided in subsection G of this section, licensed operators shall be required to make annual payments of Forty Dollars ($40.00) per licensed operator and Forty Dollars ($40.00) per employee of the licensed operator for such limited indemnity coverage. The Risk Management Administrator is authorized to assess an additional payment per year, not to exceed Forty Dollars ($40.00) per licensed operator and per employee of such licensed operator, if the shared risk pool resulting from the payment of the fees made pursuant to this subsection is not adequate to cover any liability incurred. D. Requests for the limited indemnity coverage provided pursuant to the provisions of this section shall be submitted in writing to the Risk Management Administrator by the licensed operators. E. All fees collected in accordance with the provisions of this section shall be deposited in the Oklahoma Licensed Operator Indemnity Fund. F. In providing risk management services for any licensed operator or employee of such licensed operator, it is the intention of the Legislature to provide limited indemnification of licensed operators or employees of such licensed operators for errors and omissions, solely to the extent of assets in the shared risk pool created by this section. The State of Oklahoma is not liable, directly or indirectly, for the errors and omissions of any licensed operator or any employee of such licensed operator in the performance of official duties pursuant to law. The Risk Management Administrator shall determine the extent of indemnification for losses incurred by any such licensed operator or employee of such licensed operator based upon the liquidity of the shared risk pool. G. The Risk Management Administrator is authorized to establish a system under which the extent of indemnity coverage may be extended or reduced based upon an increase or decrease in the amount of the payment required in subsection C of this section. Said system shall only be established when the liquidity of the shared risk pool is such that the system is feasible in the judgment of the Administrator. Upon establishment of such a system, a licensed operator may elect to increase or decrease the amount of the payment required in subsection C of this section and correspondingly extend or reduce coverage for losses incurred by the licensed operator or employee of such licensed operator. Added by Laws 1990, c. 315, § 7, eff. July 1, 1990. Amended by Laws 1994, c. 329, § 5, eff. July 1, 1994; Laws 1998, c. 78, § 2, emerg. eff. April 8, 1998. Renumbered from § 85.34F of this title by Laws 1998, c. 371, § 15, eff. Nov. 1, 1998. Amended by Laws 2012, c. 304, § 785; Laws 2022, c. 282, § 240, emerg. eff. May 19, 2022.
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