38.2-1874 - Continuing education program; plan of operation; approval by Commission.
§ 38.2-1874. Continuing education program; plan of operation; approval byCommission.
A. The Board shall submit to the Commission a plan of operation that providesfor the fair and nondiscriminatory administration of the continuing insuranceeducation program established pursuant to this article. Such plan shall notbecome effective until approved by the Commission in writing. The Board may,at any time, propose amendments to the plan of operation, and such amendmentsshall not become effective until approved by the Commission. The plan ofoperation shall:
1. Establish guidelines for the Board to utilize in adopting procedures forexercising its powers and duties;
2. Establish guidelines for the Board to utilize in adopting procedures forhandling the assets of the continuing insurance education program;
3. Establish guidelines for reimbursing members of the Board for thenecessary expenses incurred in the performance of their official duties andfor indemnifying members for all expenses and liabilities incurred as aresult of their serving as members of the Board;
4. Establish guidelines for determining places and times for meetings of theBoard;
5. Establish guidelines for adopting procedures for records to be kept of allfinancial transactions of the Board and administrator;
6. Establish procedures for the election of Board officers;
7. Establish guidelines pursuant to which the Board may adopt a reasonablemeans whereby any person aggrieved by an action of the Board or administratormay appeal such action to the Board and, after written request, be heard inperson or by an authorized representative to review the grievance. Guidelinesmay include additional levels of appeal other than those set forth herein,but shall provide, at a minimum, that (i) if the Board or its administratorfails to grant or reject the grievance within 30 calendar days after it ismade, the person filing the grievance may proceed in the same manner as ifhis grievance had been rejected; (ii) any person adversely affected by theaction of the Board or its administrator on such request may, within 30calendar days after written notice of the action, make a written request forinformal review by the Bureau of Insurance, which shall affirm or reverse theaction upon not less than 10 calendar days' written notice to the person andto the Board or its administrator; and (iii) any person adversely affected bythe action of the Bureau of Insurance on such request may, within 30 calendardays after written notice of the action, appeal to the Commission pursuant tothe Commission's "Rules of Practice and Procedure." The Commission mayaffirm or reverse the action upon not less than 10 calendar days' writtennotice to the person and to the Board or its administrator; and
8. Contain guidelines for the Board to utilize in adopting additionalprovisions necessary or proper for the execution of the powers and duties ofthe Board including but not limited to (i) program requirements and approvedprograms of study; (ii) qualifications and responsibilities of courseinstructors; (iii) management and record-keeping responsibilities; (iv) feeschedules and filing requirements; and (v) course refund policies andprocedures.
B. If the Commission disapproves all or any part of the proposed plan ofoperation or amendment thereto, the Board shall within 15 calendar dayssubmit for review an appropriate revised plan of operation or amendmentthereto. If the Board fails to do so, the Commission shall promulgate a planof operation or an amended plan of operation. The plan of operation oramended plan of operation approved or promulgated by the Commission shallbecome effective and operational upon order of the Commission.
C. A regular meeting of the Board shall be held at least annually at suchtime, date, and place approved by the Board. Special meetings may be calledat any time by the chairman. Notices of all regular and special meetingsshall be sent to each person serving as a representative on the Board or asubcommittee of the Board and to the Commission. Each notice shall state thepurpose of the meeting and include any proposed changes in rules orprocedures. Any such meeting notices shall be given in such form as may beacceptable to the Board at least 20 calendar days prior to the date of themeeting.
D. The books of account, records, reports and other documents of the Boardand its administrator shall be open to the Commission for examination at allreasonable hours.
E. There shall be no liability on the part of and no cause of action shallarise against any member of the Board, the Board, the Board's agents oremployees, or the Commission or its representatives for any action taken orstatement made by them in good faith in the performance of their powers andduties under this article.
(1992, c. 570; 1994, c. 175; 1996, c. 159; 2001, c. 706; 2010, c. 335.)