West Virginia Code § 33-26-9

Plan of operation
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(a) The association shall:
(1) Submit to the commissioner a plan of operation and any amendments thereto necessary
or suitable to assure the fair, reasonable and equitable administration of the association. The
plan of operation and any amendments thereto become effective upon approval in writing by
the commissioner.
(2) If the association fails to submit a suitable plan of operation within ninety days following
the effective date of this article or if at any time thereafter the aussociation fails to submit
suitable amendments to the plan, the commissioner shall, after notice and hearing, adopt
rules for legislative approval as are necessary or advisable to effectuate the provisions of
this article. The rules shall continue in force until modified by the commissioner or
superseded by a plan submitted by the association and approved by the commissioner. All
such rules shall be proposed in accordance with chapter twenty-nine-a of this code.
(b) All member insurers shall comply with thes plan of operation.
(c) The plan of operation shall: i
(1) Establish the procedures whereby all the powers and duties of the association under
section eight of this article will be performed.
(2) Establish procedures for handling assets of the association.
(3) Establish the amount and method of reimbursing members of the board of directors
under section seven of this article.
(4) Establish procedures by which claims may be filed with the association and establish
acceptable forms of proof of covered claims.
(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 a final action or decision of the
association may appeal to the commissioner within thirty days after the action or decision.
(8) Establish the procedures whereby selections for the board of directors will be submitted
to the commissioner.
(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), subsection (a), and subdivision (2), subsection (b),
section eight of this article 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 shall be
reimbursed as a servicing facility would be reimbursed and shall be paid for its performance
of any other functions of the association. A delegation under this subsectione may take 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 prrotection not
substantially less favorable and effective than that provided by this article.

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