31A-42-204 - Powers of commissioner.
31A-42-204. Powers of commissioner.
(1) The commissioner shall, after notice and hearing, approve the plan of operation if thecommissioner determines that the plan:
(a) is consistent with this chapter; and
(b) is a fair and reasonable administration of the risk adjuster.
(2) The plan shall be effective upon the adoption of administrative rules by thecommissioner in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3) If the board fails to submit a proposed plan of operation by January 1, 2010, or anytime thereafter fails to submit proposed amendments to the plan of operation within a reasonabletime after requested by the commissioner, the commissioner shall, after notice and hearing, adoptsuch rules as necessary to effectuate the provisions of this chapter.
(4) Rules promulgated by the commissioner shall continue in force until modified by thecommissioner or until superseded by a subsequent plan of operation submitted by the board andapproved by the commissioner.
(5) The commissioner may designate an executive secretary from the department toprovide administrative assistance to the board in carrying out its responsibilities.
Enacted by Chapter 12, 2009 General Session