Administration of the Pool

Administration of the Pool 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. Source: Miss. Code Ann.§71-3-111 and § 71-3-119 (Rev. 2011) 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. Source: Miss. Code Ann.§71-3-111 and § 71-3-119 (Rev. 2011) 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.