| 2.__Authority to establish program.__If the superintendent |
establishes a voluntary market assistance plan in accordance with |
section 2325-A to increase the availability of basic property and |
casualty insurance in this State and the superintendent |
determines after a public hearing that the number of insurers |
participating in the voluntary market assistance plan is |
insufficient or that a sufficient number of risks has not been |
written through the plan, then the superintendent may establish a |
mandatory property and casualty insurance market assistance |
program in accordance with this section.__The superintendent |
shall adopt rules regarding the level of insufficient |
participation in the voluntary market assistance plan that is |
necessary for the establishment of a program under this section.__ |
The provisions in the rules governing a determination of |
insufficient participation in the voluntary market assistance |
plan must take into account the length of time the voluntary |
market assistance plan is operational. |