2009 North Carolina Code
Chapter 97 - Workers' Compensation Act.
§ 97-134. Plan of Operation.

§ 97‑134.  Plan of Operation.

The Plan is as follows:

(1)        The Association shall submit to the Commissioner a Plan and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Association. The Plan and any amendments become effective upon approval in writing by the Commissioner. If the Association at any time fails to submit a suitable Plan or suitable amendment to the Plan the Commissioner shall, after notice and hearing, adopt such reasonable rules as are necessary or advisable to effectuate this Article. The rules shall continue in force until modified by the Commissioner or superseded by a Plan submitted by the Association and approved by the Commissioner.

(2)        All member self‑insurers shall comply with the Plan.

(3)        The Plan shall:

a.         Establish the procedures whereby all the powers and duties of the Association under G.S. 97‑133 will be performed.

b.         Establish procedures for investing and managing Fund assets.

c.         Adopt a reasonable mechanism and procedure to achieve equity in assessing members under G.S. 97‑133.

d.         Establish the amount and method of reimbursing members of the Board under G.S. 97‑132.

e.         Establish procedures by which claims may be filed with the Association and establish acceptable forms of proof of covered claims.

f.          Establish regular places and times for meetings of the Board.

g.         Establish procedures for records to be kept of all financial transactions of the Association, its agents, and the Board.

h.         Provide that any member self‑insurer aggrieved by any final action or decision of the Association may appeal to the Commissioner within 30 days after the action or decision.

i.          Establish the procedures whereby selections for the Board shall be submitted to the Commissioner.

j.          Contain additional provisions necessary or proper for the execution of the powers and duties of the Association. (1985 (Reg. Sess., 1986), c. 1013, s. 1; 1987, c. 528, s. 11; 2005‑400, s. 5.)