287.870. Plan of operation, submitted to division, when--purpose, contents--effective, when.
Plan of operation, submitted to division, when--purpose,contents--effective, when.
287.870. 1. By January 1, l993, or at such other date asis agreed upon between the board and the director, the board ofdirectors shall submit to the division of workers' compensation aproposed plan of operation for the administration of thecorporation and the insolvency fund.
2. The purpose of the plan of operation shall be to providethe corporation and the board of directors with the authority andresponsibility to establish the necessary programs and to takethe necessary actions to protect against the insolvency of amember of the corporation. In addition, the plan shall providethat the members of the corporation shall be responsible formaintaining an adequate insolvency fund to meet the obligationsof insolvent members provided for in sections 287.860 to 287.885and shall authorize the board of directors to contract and employthose persons with the necessary expertise to carry out thisstated purpose.
3. The plan of operation, and any amendments thereto, shalltake effect upon submission in writing to the director. If theboard of directors fails to submit a plan by six months afterAugust 28, 1992, or fails to make required amendments to the planwithin thirty days, or such other date as the parties shall agreeupon, thereafter, the division shall promulgate such rules as arenecessary to effectuate the provisions of this section. Suchrules shall continue in force until modified by the division orsuperseded by a plan submitted by the board of directors to thedirector.
4. All member employers shall comply with the plan ofoperation.
5. The plan of operation shall:
(1) Establish the procedures whereby all the powers andduties of the corporation under section 287.865 will beperformed;
(2) Establish procedures for handling assets of thecorporation;
(3) Establish the amount and method of reimbursing membersof the board of directors under section 287.862;
(4) Establish procedures by which claims may be filed withthe corporation and establish acceptable forms of proof ofcovered claims. Notice of claims to the receiver or liquidatorof an insolvent employer shall be deemed notice to thecorporation or its agent, and a list of such claims shall besubmitted periodically to the corporation by the receiver orliquidator;
(5) Establish regular places and times for meetings of theboard of directors;
(6) Establish procedures for records to be kept of allfinancial transactions of the corporation and its agents and theboard of directors;
(7) Provide that any member employer aggrieved by any finalaction or decision of the corporation may appeal to the divisionwithin thirty days after the action or decision;
(8) Provide notice to any member employer aggrieved by anyfinal action or decision of the division of workers' compensationof its rights to appeal such action or decision;
(9) Establish the procedures whereby recommendations ofcandidates for the board of directors shall be submitted to thedivision;
(10) Promulgate any additional provisions or any additionalprocedures or regulations necessary or proper for the executionof any of the powers and duties of the corporation or of thedivision of workers' compensation, without prior formal hearingor notices, by either the corporation on its own motion, or bythe division of workers' compensation by regulations implementingsections 287.860 to 287.885;
(11) Establish procedures to ensure the cooperation of theboard with the director and any of the employees of the divisionof workers' compensation whenever possible.
(L. 1992 H.B. 975)