Okla. Stat. tit. 36, § 36-2008
This is the official text of Okla. Stat. tit. 36, § 36-2008, part of Oklahoma’s Stat. tit. 36, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 36,." Browse the sections below, each linked to its official government source.
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Plan of operation and amendments
Official statutory text
A. The Oklahoma Property and Casualty Insurance Guaranty
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 approval in writing by the Commissioner.
B. If the Association fails to submit a suitable plan of
operation within ninety (90) days following June 27, 1980, or if at
any time thereafter the Association fails to submit suitable
amendments to the plan, the Commissioner shall, after notice and
hearing, adopt and promulgate reasonable rules as are necessary or
advisable to effectuate the provisions of Section 2001 et seq. of
this title. Any rules promulgated shall continue in force until
modified by the Commissioner or superseded by a plan submitted by
the Association and approved by the Commissioner. All member
insurers shall comply with the plan of operation.
C. The plan of operation shall:
1. Establish the procedures whereby all the powers and duties
of the Association under this act will be performed;
2. Establish procedures for handling assets of the Association;
3. Require the amount and method of reimbursing members of the
board of directors under Section 2006 of this title;
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. Require that the written procedures be established 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 any final
action or decision of the Association may appeal to the Commissioner
within thirty (30) days after the action or decision;
Oklahoma Statutes - Title 36. Insurance Page 582
8. Establish the procedures whereby selections for the board of
directors will be submitted to the Commissioner; and
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 paragraph 3 of
subsection A and paragraph 2 of subsection B of Section 2007 of this
title, are delegated to a corporation, association or other
organization which performs or will perform functions similar to
those of this Association, or its equivalent. The 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
subsection shall 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 protection
not substantially less favorable and effective than that provided by
Section 2001 et seq. of this title.
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 approval in writing by the Commissioner.
B. If the Association fails to submit a suitable plan of
operation within ninety (90) days following June 27, 1980, or if at
any time thereafter the Association fails to submit suitable
amendments to the plan, the Commissioner shall, after notice and
hearing, adopt and promulgate reasonable rules as are necessary or
advisable to effectuate the provisions of Section 2001 et seq. of
this title. Any rules promulgated shall continue in force until
modified by the Commissioner or superseded by a plan submitted by
the Association and approved by the Commissioner. All member
insurers shall comply with the plan of operation.
C. The plan of operation shall:
1. Establish the procedures whereby all the powers and duties
of the Association under this act will be performed;
2. Establish procedures for handling assets of the Association;
3. Require the amount and method of reimbursing members of the
board of directors under Section 2006 of this title;
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. Require that the written procedures be established 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 any final
action or decision of the Association may appeal to the Commissioner
within thirty (30) days after the action or decision;
Oklahoma Statutes - Title 36. Insurance Page 582
8. Establish the procedures whereby selections for the board of
directors will be submitted to the Commissioner; and
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 paragraph 3 of
subsection A and paragraph 2 of subsection B of Section 2007 of this
title, are delegated to a corporation, association or other
organization which performs or will perform functions similar to
those of this Association, or its equivalent. The 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
subsection shall 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 protection
not substantially less favorable and effective than that provided by
Section 2001 et seq. of this title.
Status: in_force · Read it on the official government site
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