LD 1168
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LR 790
Item 1

 
association for actual and necessary expenses incurred by them
as members but may not otherwise be compensated for their
services.

 
3.__Plan of operation.__The board shall adopt a plan of
operation in accordance with the requirements of this chapter and
submit its articles, bylaws and operating rules to the
superintendent for approval.__If the board fails to adopt the
plan of operation and suitable articles and bylaws within 90 days
after the appointment of the board, the superintendent shall
adopt rules to effectuate the requirements of this chapter, and
those rules remain in effect until superseded by a plan of
operation and articles and bylaws submitted by the board and
approved by the superintendent.__Rules adopted by the
superintendent pursuant to this subsection are routine technical
rules as defined in Title 5, chapter 375, subchapter 2-A.

 
4.__Immunity.__A board member is not liable and is immune from
suit at law or equity for any conduct performed in good faith
that is within the scope of the board's jurisdiction.

 
§3904.__Liability and indemnification

 
1.__Liability.__The board and its employees may not be held
liable for any obligations of the association.__A cause of action
may not arise against the association; the board, its agents or
employees; a member insurer or its agents, employees or
producers; or the superintendent for any action or omission in
the performance of powers and duties pursuant to this chapter.

 
2.__Indemnification.__In its bylaws or rules the board may
provide for indemnification of and legal representation for its
members and employees.

 
§3905.__Duties and powers of association

 
1.__Duties.__The association shall:

 
A.__Establish administrative and accounting procedures for
the operation of the association;

 
B.__Establish procedures under which applicants and
participants in the plan may have grievances reviewed by an
impartial body and reported to the board;

 
C.__Select a plan administrator in accordance with section
3906;

 
D.__Collect the assessments provided in section 3907.__The


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