Mississippi Administrative Code › Title 19 - Department of Insurance › Part 5 - Non-Auto Property and Casualty Insurance › Chapter 4 - (2007-2) Mississippi worker's compensation assigned risk plan and the Mississippi workers' compensation assigned risk pool › Rule 19-5-4.10 - Governing Articles: Article IV › Rule 19-5-4.10.1 - Administration of the Pool

Current through June 25, 2024
Under the direction and supervision of the Commissioner,
					 and subject to advice and counsel of the Advisory Board, the Pool Administrator
					 shall manage and control the operation, business and affairs of the Pool and
					 all other matters arising under these Articles.
The Pool Administrator shall cause to be kept a record of
					 all meetings of the Pool Members, the Advisory Board, and such other committees
					 as the Advisory Board or Commissioner may designate. The Pool Administrator
					 shall act as Treasurer of the Pool and collect all fees, charges and
					 assessments, and other monies payable to the Pool and shall keep proper
					 accounts of all such funds. The Pool Administrator shall be the agent through
					 which all communications and remittances relating to the Reinsurance Agreements
					 shall be transmitted.
Subject to the approval of the Commissioner, the Pool
					 Administrator is authorized to:
A.
				  enter into agreements on behalf of the Pool to carry out the purposes of these
				  Articles, including, but not limited to, the Reinsurance Agreements;
B. hire specialists or other professionals to
				  provide additional services necessary to the administration of the Pool, the
				  Reinsurance Agreement and these Articles including, without limitation, the
				  services of actuaries, attorneys and auditors;
C. act as attorney-in-fact for the Pool to
				  prosecute, defend, submit to arbitration, settle, and propose or accept a
				  compromise with respect to any claim existing in favor of or against, the Pool
				  based on or involving any matter relating to these Articles or the Reinsurance
				  Agreements or to intervene in any action or proceeding related thereto.
The fees for services of specialists including actuaries,
					 attorneys and auditors as well as others deemed necessary by the Commissioner
					 shall be a proper charge against and an obligation of the Pool.
The Pool Administrator or an officer, manager or other duly
					 authorized representative thereof is authorized to certify these Articles, acts
					 taken by the Board, and tenure of, signatures, identity and acts of officers or
					 other officials, and other official acts; and such certificates may be relied
					 upon by any person to whom the same shall be given, until receipt of notice to
					 the contrary.
4.10.2 : Disputes and
				  Appeals
Any person affected by the operation of these Articles who
					 may have a dispute with respect to any aspect of the application of the
					 Articles, may seek a review of the matter by the Pool Administrator by setting
					 forth in writing with particularity the nature of the dispute, the parties to
					 the dispute, the relief sought and the basis thereof. The Pool Administrator
					 may secure such additional information as it deems necessary and shall render a
					 written decision with an explanation of the reasons for the decision within
					 thirty (30) days after receipt of all the information necessary to make the
					 decision.
Any party affected by the decision of the Pool
					 Administrator may seek a review by the Advisory Board by submitting a written
					 request for such review to the Chairman of the Advisory Board within thirty
					 (30) days of the date of the decision by the Pool Administrator. The Advisory
					 Board shall, within sixty (60) days of the receipt of such written request and
					 all information considered by the Pool Administrator, review the decision of
					 the Pool Administrator and render its written decision to the party seeking
					 review and the Pool Administrator.
Any party (including the Pool Administrator) affected by a
					 decision of the Advisory Board may seek a de novo review by the Commissioner by
					 requesting such a review in writing within thirty (30) days of the date of the
					 Board's decision. In reviewing any such matter, the Commissioner shall follow
					 those procedures applicable to administrative hearings in the State. The
					 Commissioner's shall decide the dispute in accordance with State law,
					 regulation, and policy and in the interests of the reasonable and proper
					 administration of the Articles. The Commissioner's decision shall be final
					 subject only to such court review as may be available under applicable law and
					 rules.
4.10.3 :
				  Administrative Procedures
The Commissioner or the Pool Administrator, with the
					 approval of the Commissioner, shall have the authority to promulgate and adopt
					 procedures for the purpose of implementing the terms of these
					 Articles.