31A-15-111. Surplus lines advisory organizations.
(1) Advisory organizations of surplus lines producers may be formed to: facilitate and encourage compliance by its members with the laws of this state and the rules of the commissioner relative to surplus lines insurance; if authorized by the commissioner, perform and report to the commissioner on the confidential examinations and assess and receive the stamping fees described in Subsection; 31A-15-103(11) make recommendations to the commissioner concerning classes of insurance for which a rule under Subsectionis appropriate; 31A-15-103(6)(a) investigate "abuses of placements," as described in Subsection, and provide recommendations to the commissioner concerning rules under Subsection; 31A-15-103(6)(b) 31A-15-103(6)(b) bring to the commissioner's attention the existence of grounds for issuing an order under Subsectionconcerning a particular unauthorized insurer; 31A-15-103(6)(c) provide recommendations to the commissioner concerning unauthorized insurers which should be listed on a "doubtful or objectionable" list under Subsection; 31A-15-103(6)(d) provide comments to the commissioner concerning whether an unauthorized insurer has a good reputation and financial integrity under Subsection; 31A-15-103(6)(d)(ii) provide recommendations to the commissioner concerning rules under Subsectionnecessary to protect the interests of insureds and the public; and 31A-15-103(10) receive and disseminate to its members information relative to surplus lines coverages.
(2) Every advisory organization formed under this section shall file with the commissioner: a copy of its constitution, articles of agreement or association or articles of incorporation, and any amendments to these documents; a copy of its bylaws and any other writing governing the organization's activities and any amendments to these documents; a list of the names and addresses of residents of this state upon whom notices or orders of the commissioner or processes issued at his direction may be served, with changes in this list to be filed within 10 days of a change; and an agreement, on a form provided by the commissioner and executed by the advisory organization, that the commissioner may examine the advisory organization in accordance with the provisions of Sections,, and. 31A-2-203 31A-2-204 31A-2-205
(3) The commissioner may by rule or order require each person licensed as a surplus lines producer under, to be a member of one or more specified advisory organizations operating under this section. The commissioner may make compliance with the rule or order a condition to continued licensure as a surplus lines producer. Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries
(4) The comments and recommendations given the commissioner under Subsectionare merely advisory. The formation of an advisory organization under this section does not alter the commissioner's authority under this chapter. (1)