| 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. |