(1) If, after public hearing, the commissioner finds that the voluntary risk sharing or market assistance plan has failed, or that no plan has been established, to restore availability of the needed insurance coverages, the commissioner may establish the Tennessee property and casualty insurance association as an unincorporated association. The purpose of the association shall be to provide a market for certain kinds of property and casualty insurance on a self-supported basis without subsidy from other kinds of insurance.
(2) The association shall perform its functions under a plan of operation approved by the commissioner. The plan of operation shall: Give consideration to the need for adequate and readily accessible coverage, to alternative methods of improving the market affected, to the preferences of insurers and agents, to the inherent limitations of the insurance mechanism, to the need for reasonable underwriting standards, and to the requirement of reasonable loss prevention measures;
(3) Establish procedures that will create minimum interference with voluntary markets;
(4) Spread the burden imposed by the association equitably and efficiently within the insurance industry; and
(5) Establish procedures for applicants and participants to have grievances reviewed by an impartial body.