23 CAR § 203-106. Plan administrator

(a) The commissioner may designate a plan administrator to administer and operate the plan. (b)(1) The plan administrator shall file with the commissioner for approval operating rules, procedures, and guidelines consistent with the provisions of this part for the administration and operation of the plan. (2) The plan administrator shall publish and make available to all insurers and producers the operating rules, procedures, performance standards, and guidelines for the administration and operation of the plan. (3) The plan administrator shall file for approval its schedule of fees which it proposes to remit to producers for policies written and services provided under the plan. (c) The plan administrator shall have the following duties and responsibilities in addition to any others set forth in this plan, all of which are subject to the ultimate control and oversight of the commissioner: (1) Administering, managing, and enforcing the plan subject to the provisions contained herein; (2) Determining the methodology and formula for making assignments to servicing carriers and securing the necessary information in order to make the assignments; (3) Processing assigned risk applications pursuant to the requirements of this plan; (4) Establishing eligibility criteria for servicing carriers and appointing servicing carriers, each of which shall be subject to prior approval of the commissioner; (5) Establishing written performance requirements for servicing carriers, including, but not limited to: (A) Verification of ongoing plan eligibility of the employer; (B) Timely and accurate issuance of policies and endorsements; (C) Timely and accurate filings with administrative agencies, as required; (D) Maintenance of premiums on policies consistent with manual rules, rates, rating plans, and classifications; (E) Timely and accurate completion and billing of final audits; (F) Collection of premium; (G) Claim services, including: (i) Investigation; (ii) Disability management; and (iii) Medical cost control; (H) Loss control services and safety information to encourage employers to make safety a part of their business; (I) Cooperation with the commissioner and with the Workers’ Compensation Commission and Division of Labor in carrying out and effectuating required safety mandates; (J) Payment of producer fees; (K) Issuance of renewal proposals and nonrenewal notices; (L) Assurance of insured and insurer compliance with all terms and conditions of policy contract; (M) Resolution of complaints and response to inquiries from insureds and producers; (N) Requirement to consult with and keep insureds apprised of developments in incurred claim cases; (d) Annually, within ninety (90) days following the end of the fourth quarter, the plan administrator shall file with the commissioner a performance review and evaluation of each servicing carrier