2006 South Dakota Code - 3-22-6 — Promulgation of rules.

     3-22-6.   Promulgation of rules. The bureau may, pursuant to chapter 1-26, establish rules for:
             (1)      Submission and payment of claims;
             (2)      Negotiation and payment of settlements;
             (3)      Establishment and implementation of risk management services and requirements;
             (4)      Methods for establishing assessments for contributions to the PEPL by any public entity;
             (5)      Guidelines relating to size, function, and structure of members to establish the classes of members required by this chapter;
             (6)      Compensation of employees and all other matters necessary to conduct the business of the fund;
             (7)      Setting the amount and treatment of refundable reserve deposits required of any member choosing to withdraw from the PEPL as allowed in this chapter;
             (8)      Common membership dates;
             (9)      Member participation in data collection and analysis to support rating and loss control programs;
             (10)      Provide for proper accounting and reporting procedures for each of the members so that the bureau shall be apprised at all times of the nature of the claims arising within its jurisdiction, the manner in which these claims are being handled and the impact of the same upon the PEPL;
             (11)      Sanctions, including termination of membership of any member which fails to abide by the requirements of the bureau concerning: payment of contributions and assessments, installation of safety requirements, accounting and reporting, claims administration, cooperation with the claims agents or attorneys representing the bureau or any of the members;
             (12)      Methods of reporting all claims, including claims within a member's deductible amount and approval of selection of representation for a member;
             (13)      Establishment of arbitration procedures including limits and types of claims a claimant and a member may submit to binding, nonappealable arbitration including a requirement that a member may not be represented by counsel in such proceeding unless the claimant is represented; and
             (14)      Establish no more than four classifications for deductible amounts. In establishing classifications, the bureau shall consider size of member, loss experience, and other criteria determined appropriate by the bureau.

Source: SL 1986, ch 413, § 6.

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