Colorado § 10-20-110 - Plan of operation - rules.

§ 10-20-110. Plan of operation - rules.

(1) (a) The association shall maintain a plan of operation to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall be submitted to the commissioner and be effective upon the commissioner's written approval or after thirty days if said commissioner has not disapproved.

(b) If the association fails to submit a suitable plan of operation or suitable amendments to the plan within sixty days after May 15, 2023, the commissioner shall, after notice and hearing, adopt and promulgate reasonable rules as necessary or advisable to effectuate this article 20. The rules continue in effect until modified by the commissioner or superseded by a plan submitted by the association and approved by the commissioner.

(2) All member insurers shall comply with the plan of operation.

(3) The plan of operation must, in addition to any other provisions specified in this article:

(a) Establish procedures for handling the assets of the association;

(b) Establish the amount and method of reimbursing members of the board pursuant to section 10-20-107;

(c) Establish regular places and times for meetings including telephone conference calls of the board;

(d) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board;

(e) Establish the procedures whereby selections for the board will be made and submitted to the commissioner;

(f) Establish any additional procedures for assessments under section 10-20-109;

(g) Contain additional provisions necessary or proper for the execution of the powers and duties of the association;

(h) Establish procedures whereby a director may be removed for cause, including a director or member insurer that becomes an impaired or insolvent insurer;

(i) Require the board of directors to establish a policy and procedures to address conflicts of interest.

(4) The plan of operation may provide that any or all powers and duties of the association, except those established pursuant to sections 10-20-108 (13)(c) and 10-20-109, are delegated to a corporation, association, or other organization that performs, or will perform, functions similar to those of the association established pursuant to this article 20 or its equivalent in two or more states. The association shall reimburse a corporation, association, or organization to which the association has delegated its powers and duties for any payments made on behalf of the association and shall pay the corporation, association, or organization for its performance of any association function. A delegation pursuant to this subsection (4) takes effect only with the approval of both the board and the commissioner, and the association may delegate its powers and duties only to a corporation, association, or organization that extends protection not substantially less favorable and effective than the protection provided by this article 20.

(5) Repealed.

Source: L. 91: Entire article added, p. 1272, § 1, effective July 1. L. 2013: IP(3) amended, (3)(h) and (3)(i) added, and (5) repealed, (SB 13-032), ch. 34, p. 96, § 6, effective March 15. L. 2023: (1)(b) and (4) amended, (HB 23-1303), ch. 195, p. 991, § 10, effective May 15.