§ 31A-42-204. Powers of commissioner.

(1) The commissioner shall, after notice and hearing, approve the plan of operation if the commissioner 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 the commissioner 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 any time thereafter fails to submit proposed amendments to the plan of operation within a reasonable time after requested by the commissioner, the commissioner shall, after notice and hearing, adopt such rules as necessary to effectuate the provisions of this chapter.

(4) Rules promulgated by the commissioner shall continue in force until modified by the commissioner or until superseded by a subsequent plan of operation submitted by the board and approved by the commissioner.

(5) The commissioner may designate an executive secretary from the department to provide administrative assistance to the board in carrying out its responsibilities.

Enacted by Chapter 12, 2009 General Session