New Mexico Statutes 59A-42A-5. Plan of operation
A. The board shall submit to the superintendent of insurance for approval a plan of operation and any subsequent amendments necessary or suitable to assure proper and fair operation of the association.
Terms Used In New Mexico Statutes 59A-42A-5
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
B. After notice and hearing, the superintendent of insurance shall approve or disapprove the plan of operation or any subsequent amendments. The superintendent shall approve the plan or an amendment only if he finds that it provides for administering the association on a fair, reasonable and equitable basis and for sharing the association’s losses on an equitable basis. The plan of operation or amendment shall become effective upon the superintendent’s written approval.
C. If the board fails to submit a plan of operation satisfactory to the superintendent of insurance within ninety days after the initial board is appointed or fails in a timely manner to submit any amendment the superintendent deems necessary at any time thereafter, the superintendent shall adopt and promulgate such plan of operation or amendment by rule. Any such rule shall continue in force until the superintendent modifies it or approves a plan of operation or an amendment submitted by the board that he deems to supersede the rule.
D. The plan of operation submitted to the superintendent of insurance shall:
(1) establish procedures for handling and accounting of the association’s money, other assets and property;
(2) provide for payment of claims or provision of alternative health care services to public assistance recipients;
(3) establish regular times and places for board meetings;
(4) establish procedures for records to be kept of all financial transactions and for annual fiscal reporting to the superintendent;
(5) establish procedures for the determination and collection of assessments from members to pay claims or to provide alternative health care services and administrative expenses incurred or estimated to be incurred during the period for which the assessment is made;
(6) establish penalties for nonpayment or late payment of assessments; and
(7) contain any additional provisions necessary and proper for the execution of the association’s powers and duties.