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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 38.2-1874 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-1874. Continuing education program; plan of operation; approval by Commission.
A. The Board shall submit to the Commission a plan of operation that provides for the fair and nondiscriminatory administration of the continuing insurance education program established pursuant to this article. Such plan shall not become effective until approved by the Commission in writing. The Board may, at any time, propose amendments to the plan of operation, and such amendments shall not become effective until approved by the Commission. The plan of operation shall:
1. Establish guidelines for the Board to utilize in adopting procedures for exercising its powers and duties;
2. Establish guidelines for the Board to utilize in adopting procedures for handling the assets of the continuing insurance education program;
3. Establish guidelines for reimbursing members of the Board for the necessary expenses incurred in the performance of their official duties and for indemnifying members for all expenses and liabilities incurred as a result of their serving as members of the Board;
4. Establish guidelines for determining places and times for meetings of the Board;
5. Establish guidelines for adopting procedures for records to be kept of all financial transactions of the Board and administrator;
6. Establish procedures for the election of Board officers;
7. Establish guidelines pursuant to which the Board may adopt
a reasonable means whereby any person aggrieved by an action of the Board or
administrator with regard to a course or instructor submission, or with
regard to a recommendation by the Board or administrator for disapproval or
withdrawal of approval of a course or instructor may appeal such action to
the Board, whose decision in such matters shall be final. The Board shall
also establish a reasonable means whereby any licensee aggrieved by an action
of the Board or administrator having the potential to affect directly such licensee's
license status may and, after written request, be heard in person or
by an authorized representative to review the grievance. Guidelines
pertaining to licensees may include additional levels of appeal other than
those set forth herein, but shall provide, at a minimum, that (i) if the Board
or its administrator fails to grant or reject the grievance within thirty
30 calendar days after it is made, the licensee person filing
the grievance may proceed in the same manner as if his grievance had been rejected;
(ii) any licensee person adversely affected by the action of the
Board or its administrator on such request may, within thirty 30
calendar days after written notice of the action, make a written request for
informal review by the Bureau of Insurance, which shall affirm or reverse the
action upon not less than ten 10 calendar days' written notice to
the licensee person and to the Board or its administrator; and
(iii) any licensee person adversely affected by the action of the
Bureau of Insurance on such request may, within thirty 30
calendar days after written notice of the action, appeal to the Commission
pursuant to the Commission's "Rules of Practice and Procedure." The
Commission may affirm or reverse the action upon not less than ten 10
calendar days' written notice to the licensee person and to the
Board or its administrator; and
8. Contain guidelines for the Board to utilize in adopting additional provisions necessary or proper for the execution of the powers and duties of the Board including but not limited to (i) program requirements and approved programs of study; (ii) qualifications and responsibilities of course instructors; (iii) management and record-keeping responsibilities; (iv) fee schedules and filing requirements; and (v) course refund policies and procedures.
B. If the Commission disapproves all or any part of the
proposed plan of operation or amendment thereto, the Board shall within
fifteen 15 calendar days submit for review an appropriate revised
plan of operation or amendment thereto. If the Board fails to do so, the
Commission shall promulgate a plan of operation or an amended plan of
operation. The plan of operation or amended plan of operation approved or
promulgated by the Commission shall become effective and operational upon order
of the Commission.
C. A regular meeting of the Board shall be held at least
annually at such time, date, and place approved by the Board. Special meetings
may be called at any time by the chairman. Notices of all regular and special
meetings shall be sent to each person serving as a representative on the Board
or a subcommittee of the Board and to the Commission. Each notice shall state
the purpose of the meeting and include any proposed changes in rules or
procedures. Any such meeting notices shall be given in such form as may be
acceptable to the Board at least twenty 20 calendar days prior to
the date of the meeting.
D. The books of account, records, reports and other documents of the Board and its administrator shall be open to the Commission for examination at all reasonable hours.
E. There shall be no liability on the part of and no cause of action shall arise against any member of the Board, the Board, the Board's agents or employees, or the Commission or its representatives for any action taken or statement made by them in good faith in the performance of their powers and duties under this article.