§ 26.1-19-06 — Issuance of a certificate of authority

The commissioner shall issue a certificate of authority to any person filing an application
within sixty days after the filing unless the commissioner notifies the applicant during that time
that the application is not complete or sufficient and the reasons therefor, that payment of the
fees required by section 26.1-19-15 has not been made, or that the commissioner is not
satisfied that:
1. The basic organizational documents of the applicant, when combined with the powers
enumerated in section 26.1-19-07, permit the applicant to conduct business as a legal
services organization.
2. The organization has demonstrated the intent and ability to provide the services in a
manner which ensures their availability and accessibility.
3. The organization is financially responsible and may be reasonably expected to meet
its obligations to its enrolled participants. In making this determination the
commissioner shall consider:
a. Any agreement with an insurer or any other organization paying, contracting to
pay for, or in any way guaranteeing the provision of legal services under the plan.
b. Any agreement with the providers for the furnishing of legal services under the
plan.
c. The adequacy of working capital.
d. Any surety bond or deposit of cash or securities as a guaranty that plan services
will be performed.