West Virginia Code § 33-26A-10

Plan of operation
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(a) (1) The association shall 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 shall
become effective upon the commissioner's written approval or unless he or she has not
disapproved of the same within thirty days. e
(2) If the association fails to submit a suitable plan of operation within one hundred eighty
days following the effective date of this article or if at any time thereafter the association
fails to submit suitable amendments to the plan, the commissionuer shall, after notice and
hearing, adopt and promulgate such reasonable rules as are necessary or advisable to
effectuate the provisions of this article. Such rules shall conttinue in force until modified by
the commissioner or superseded by a plan submitted by the association and approved by the
commissioner.
(b) All member insurers shall comply with the planl of operation.
(c) The plan of operation shall, in addition to requirements enumerated elsewhere in this
article: i
(1) Establish procedures for handling the assets of the association;
(2) Establish the amount and method of reimbursing members of the board of directors
under section seven of this article;
(3) Establish regular places and times for meetings including telephone conference calls of
the board of director s;
(4) Establish procedures for records to be kept of all financial transactions of the association,
its agents, and the board of directors;
(5) Establish the procedures whereby selections for the board of directors will be made and
submitted to the commissioner;
(6) Establish any additional procedures for assessments under section nine of this article;
(7) Contain additional provisions necessary or proper for the execution of the powers and
duties of the association;
(8) Establish procedures whereby a director may be removed for cause, including in the case
where a member insurer director becomes an impaired or insolvent insurer; and
(9) Require the board of directors to establish a policy and procedures for addressing
conflicts of interests.
(d) The plan of operation may provide that any or all powers and duties of the association,
except those under subdivision (3), subsection (l), section eight and section nine 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 for any payments
made on behalf of the association and shall be paid for its performance of any function of the
association. A delegation under this subsection shall take effect only with thee 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 lress favorable and
effective than that provided by this article.

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