Ark. Code Ann. § 23-17-412 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-412
Optional alternative regulation of eligible telecommunications companies
Status: in_force

(a) (1) Telephone companies that file notice with the Arkansas Public Service Commission of an election to be regulated in accordance with the provisions of this section are authorized to determine and account for their respective revenues and expenses, including depreciation expenses, pursuant to generally accepted accounting principles and, except as provided in this section, shall be subject to regulation only in accordance with this section and shall not be subject to any rate review or rate of return regulation by the commission. (2) The companies shall file rate lists for their telecommunications services which rates shall be effective upon filing, except the rates for basic local exchange services and switched-access services, which rates shall be effective upon compliance and in accordance with the procedures in this section. (3) Any service that is not a telecommunications service is not subject to regulation by the commission, and rates for the services need not be filed with the commission. (b) On the effective date of an election pursuant to this section, the tariffed rates of a company electing to be subject to the provisions of this section are deemed just and reasonable and shall continue to be deemed just and reasonable as long as any increases in the company's tariffed rates are in accordance with the provisions of this section. (c) (1) The company may increase its basic local exchange service rates after sixty (60) days' notice to all affected subscribers. (2) Rates for basic local exchange services may be reduced and be effective immediately upon filing or at a later time specified in the filing. (3) Notice by the company to its subscribers shall be by regular mail and may be included in regular subscriber billings and shall include the following: (A) A schedule of the proposed basic local exchange service rate change; (B) The effective date of the proposed basic local exchange service rate change; and (C) An explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase and the procedure necessary to petition. (d) The subscriber petitions provided for in this section shall be prepared as follows: (1) Form. (A) The petition shall be headed by a caption, which shall contain: (i) The heading, "The Arkansas Public Service Commission"; (ii) The name of the company or cooperative seeking a change in basic local exchange service rates; and (iii) The relief sought. (B) A petition substantially in compliance with the form set forth in this subsection shall not be deemed invalid due to minor errors in its form; (2) Body. The body of the petition shall consist of three (3) numbered paragraphs, if applicable, as follows: (A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations shall be stated in numbered subparagraphs as necessary for clarity; (B) Relief Sought. The petition shall contain a brief statement of the amount of the change in basic local exchange service rates that is objected to or other relief sought; and (C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each subscriber signing the petition. Only the subscriber in whose name the telephone service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within sixty (60) days preceding its filing with the commission. (e) (1) Exclusive of basic local exchange service rate changes pursuant to § 23-17-404 , the commission shall have authority to review basic local exchange service rates set by the company only upon a formal petition that complies with subsection (d) of this section and that is signed by at least fifteen percent (15%) of all affected subscribers. (2) If a proper petition is presented to the commission within sixty (60) days after the date of notice of the rate change was sent to affected subscribers, the commission shall accept and file the petition and, upon reasonable notice, may suspend the rates and charges at issue during the pendency of the proceedings and reinstate the rates and charges previously in effect and shall hold and complete a hearing thereon within ninety (90) days after filing to determine if the rates as proposed are just and reasonable. (3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not set any rate or charge below the basic local exchange service rates in effect at the time the new rate at issue was proposed. (4) A company subject to this section shall not increase its rates without the approval of the commission for six (6) months after the date the commission enters the order. (5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the petition shall be deemed denied and the rates and charges shall be deemed approved for all purposes, including the purposes of appeal. (f) Rates for switched-access services of companies that are subject to this section shall be determined pursuant to § 23-17-407 except as provided in subsection (l) of this section and § 23-17-404 . (g) A company subject to this section may at any time file an application with the commission requesting the commission to prescribe just and reasonable rates for the company. Any rate so set may thereafter be adjusted as provided in this section. (h) Nothing herein shall restrict any customer's right to complain to the commission regarding quality of service or the commission's authority to enforce quality-of-service rules and standards that are equally imposed on all telecommunications providers. (i) (1) (A) The commission on its own motion may review basic local exchange service rates of any company subject to this section if the company has increased the rates by more than the greater of fifteen percent (15%) or two dollars ($2.00) per access line per month within any consecutive twelve-month period, excluding rate increases: (i) Ordered by the commission pursuant to § 23-17-404 ; (ii) Resulting from the provision of extended area services required as the result of customer election under commission rules; (iii) Resulting from ETC increases in response to the Federal Communications Commission benchmark legislation, rules, or procedures; or (iv) Necessary to meet a local rate threshold for purposes of receiving maximum support from a federal universal support mechanism or program. (B) Unless a company provides an affidavit to the Arkansas Public Service Commission stating the separately identified language requirements of this subdivision (i)(1)(B) would cause a hardship based on the billing system limitations of the company: (i) A local service rate increase under subdivision (i)(1)(A)(iii) of this section may be identified separately on the customer's bill with descriptive language as increases mandated to comply with the Federal Communications Commission benchmark legislation rules; and (ii) The Federal Communication Commission's Access Recovery Charge may be identified separately with appropriate descriptive language on the customer's bill. (2) The commission shall hold and complete a hearing on the rates within ninety (90) days after first giving notice of the hearing to the company to determine if the rates as proposed are just and reasonable. (3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not require the company to set any rate or charge below the greater of the rates in effect at the time of the filing of the increase or the actual cost of providing such service as established by evidence received at the hearing. (4) In the order, the commission may order a refund of amounts collected in excess of the rates and charges as approved at the hearing, which may be paid as a credit against billings for future services. (5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the rates and charges shall be deemed approved for all purposes, including for purposes of appeal. (j) (1) For purposes of this section, the commission may not require a company that is subject to this section to set its rates below the actual cost of the company providing the service. (2) If requested by the company, the actual cost shall be determined to include a ratable portion of administrative expenses and overhead incurred by the company in its operations and the appropriate amortization of previously deferred accounting costs. (k) No telephone company subject to this section may change its basic local exchange service rates within ninety (90) days after entry of a final order adjusting the rate pursuant to subsections (g) and (i) of this section. (l) Notwithstanding the provisions of this section, if at any time following the notice provided under this section another telecommunications provider is providing basic local exchange service or switched-access service within a local exchange area of the company subject to this section, the company that is subject to this section may determine its rates for basic local exchange service and switched-access service within any exchange in which another telecommunications provider is providing these services in the same manner that it determines its rates for other services pursuant to subsection (a) of this section. (m) A telephone company electing to be regulated in accordance with this section may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that basic local exchange services and switched-access services may be purchased separately at the rates that are established in accordance with this section. Amended by Act 2013, No. 442,§ 23, eff. 3/19/2013. Acts 1997, No. 77, § 12; 2003, No. 1764, § 2; 2007, No. 385, §§ 7-9.

(a) (1) Telephone companies that file notice with the Arkansas Public Service Commission of an election to be regulated in accordance with the provisions of this section are authorized to determine and account for their respective revenues and expenses, including depreciation expenses, pursuant to generally accepted accounting principles and, except as provided in this section, shall be subject to regulation only in accordance with this section and shall not be subject to any rate review or rate of return regulation by the commission. (2) The companies shall file rate lists for their telecommunications services which rates shall be effective upon filing, except the rates for basic local exchange services and switched-access services, which rates shall be effective upon compliance and in accordance with the procedures in this section. (3) Any service that is not a telecommunications service is not subject to regulation by the commission, and rates for the services need not be filed with the commission.

(1) Telephone companies that file notice with the Arkansas Public Service Commission of an election to be regulated in accordance with the provisions of this section are authorized to determine and account for their respective revenues and expenses, including depreciation expenses, pursuant to generally accepted accounting principles and, except as provided in this section, shall be subject to regulation only in accordance with this section and shall not be subject to any rate review or rate of return regulation by the commission.

(2) The companies shall file rate lists for their telecommunications services which rates shall be effective upon filing, except the rates for basic local exchange services and switched-access services, which rates shall be effective upon compliance and in accordance with the procedures in this section.

(3) Any service that is not a telecommunications service is not subject to regulation by the commission, and rates for the services need not be filed with the commission.

(b) On the effective date of an election pursuant to this section, the tariffed rates of a company electing to be subject to the provisions of this section are deemed just and reasonable and shall continue to be deemed just and reasonable as long as any increases in the company's tariffed rates are in accordance with the provisions of this section.

(c) (1) The company may increase its basic local exchange service rates after sixty (60) days' notice to all affected subscribers. (2) Rates for basic local exchange services may be reduced and be effective immediately upon filing or at a later time specified in the filing. (3) Notice by the company to its subscribers shall be by regular mail and may be included in regular subscriber billings and shall include the following: (A) A schedule of the proposed basic local exchange service rate change; (B) The effective date of the proposed basic local exchange service rate change; and (C) An explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase and the procedure necessary to petition.

(1) The company may increase its basic local exchange service rates after sixty (60) days' notice to all affected subscribers.

(2) Rates for basic local exchange services may be reduced and be effective immediately upon filing or at a later time specified in the filing.

(3) Notice by the company to its subscribers shall be by regular mail and may be included in regular subscriber billings and shall include the following: (A) A schedule of the proposed basic local exchange service rate change; (B) The effective date of the proposed basic local exchange service rate change; and (C) An explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase and the procedure necessary to petition.

(A) A schedule of the proposed basic local exchange service rate change;

(B) The effective date of the proposed basic local exchange service rate change; and

(C) An explanation of the right of the subscriber to petition the commission for a public hearing on the rate increase and the procedure necessary to petition.

(d) The subscriber petitions provided for in this section shall be prepared as follows: (1) Form. (A) The petition shall be headed by a caption, which shall contain: (i) The heading, "The Arkansas Public Service Commission"; (ii) The name of the company or cooperative seeking a change in basic local exchange service rates; and (iii) The relief sought. (B) A petition substantially in compliance with the form set forth in this subsection shall not be deemed invalid due to minor errors in its form; (2) Body. The body of the petition shall consist of three (3) numbered paragraphs, if applicable, as follows: (A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations shall be stated in numbered subparagraphs as necessary for clarity; (B) Relief Sought. The petition shall contain a brief statement of the amount of the change in basic local exchange service rates that is objected to or other relief sought; and (C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each subscriber signing the petition. Only the subscriber in whose name the telephone service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within sixty (60) days preceding its filing with the commission.

(1) Form. (A) The petition shall be headed by a caption, which shall contain: (i) The heading, "The Arkansas Public Service Commission"; (ii) The name of the company or cooperative seeking a change in basic local exchange service rates; and (iii) The relief sought. (B) A petition substantially in compliance with the form set forth in this subsection shall not be deemed invalid due to minor errors in its form;

(A) The petition shall be headed by a caption, which shall contain: (i) The heading, "The Arkansas Public Service Commission"; (ii) The name of the company or cooperative seeking a change in basic local exchange service rates; and (iii) The relief sought.

(i) The heading, "The Arkansas Public Service Commission";

(ii) The name of the company or cooperative seeking a change in basic local exchange service rates; and

(iii) The relief sought.

(B) A petition substantially in compliance with the form set forth in this subsection shall not be deemed invalid due to minor errors in its form;

(2) Body. The body of the petition shall consist of three (3) numbered paragraphs, if applicable, as follows: (A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations shall be stated in numbered subparagraphs as necessary for clarity; (B) Relief Sought. The petition shall contain a brief statement of the amount of the change in basic local exchange service rates that is objected to or other relief sought; and (C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each subscriber signing the petition. Only the subscriber in whose name the telephone service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within sixty (60) days preceding its filing with the commission.

(A) Allegations of Facts. The allegations of facts shall be stated in the form of ultimate facts, without unnecessary detail, upon which the right to relief is based. The allegations shall be stated in numbered subparagraphs as necessary for clarity;

(B) Relief Sought. The petition shall contain a brief statement of the amount of the change in basic local exchange service rates that is objected to or other relief sought; and

(C) Petitioners. The petition shall contain the name, address, telephone number, and signature of each subscriber signing the petition. Only the subscriber in whose name the telephone service is listed shall be counted as a petitioner. Every signature must be dated and shall have been affixed to the petition within sixty (60) days preceding its filing with the commission.

(e) (1) Exclusive of basic local exchange service rate changes pursuant to § 23-17-404 , the commission shall have authority to review basic local exchange service rates set by the company only upon a formal petition that complies with subsection (d) of this section and that is signed by at least fifteen percent (15%) of all affected subscribers. (2) If a proper petition is presented to the commission within sixty (60) days after the date of notice of the rate change was sent to affected subscribers, the commission shall accept and file the petition and, upon reasonable notice, may suspend the rates and charges at issue during the pendency of the proceedings and reinstate the rates and charges previously in effect and shall hold and complete a hearing thereon within ninety (90) days after filing to determine if the rates as proposed are just and reasonable. (3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not set any rate or charge below the basic local exchange service rates in effect at the time the new rate at issue was proposed. (4) A company subject to this section shall not increase its rates without the approval of the commission for six (6) months after the date the commission enters the order. (5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the petition shall be deemed denied and the rates and charges shall be deemed approved for all purposes, including the purposes of appeal.

(1) Exclusive of basic local exchange service rate changes pursuant to § 23-17-404 , the commission shall have authority to review basic local exchange service rates set by the company only upon a formal petition that complies with subsection (d) of this section and that is signed by at least fifteen percent (15%) of all affected subscribers.

(2) If a proper petition is presented to the commission within sixty (60) days after the date of notice of the rate change was sent to affected subscribers, the commission shall accept and file the petition and, upon reasonable notice, may suspend the rates and charges at issue during the pendency of the proceedings and reinstate the rates and charges previously in effect and shall hold and complete a hearing thereon within ninety (90) days after filing to determine if the rates as proposed are just and reasonable.

(3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not set any rate or charge below the basic local exchange service rates in effect at the time the new rate at issue was proposed.

(4) A company subject to this section shall not increase its rates without the approval of the commission for six (6) months after the date the commission enters the order.

(5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the petition shall be deemed denied and the rates and charges shall be deemed approved for all purposes, including the purposes of appeal.

(f) Rates for switched-access services of companies that are subject to this section shall be determined pursuant to § 23-17-407 except as provided in subsection (l) of this section and § 23-17-404 .

(g) A company subject to this section may at any time file an application with the commission requesting the commission to prescribe just and reasonable rates for the company. Any rate so set may thereafter be adjusted as provided in this section.

(h) Nothing herein shall restrict any customer's right to complain to the commission regarding quality of service or the commission's authority to enforce quality-of-service rules and standards that are equally imposed on all telecommunications providers.

(i) (1) (A) The commission on its own motion may review basic local exchange service rates of any company subject to this section if the company has increased the rates by more than the greater of fifteen percent (15%) or two dollars ($2.00) per access line per month within any consecutive twelve-month period, excluding rate increases: (i) Ordered by the commission pursuant to § 23-17-404 ; (ii) Resulting from the provision of extended area services required as the result of customer election under commission rules; (iii) Resulting from ETC increases in response to the Federal Communications Commission benchmark legislation, rules, or procedures; or (iv) Necessary to meet a local rate threshold for purposes of receiving maximum support from a federal universal support mechanism or program. (B) Unless a company provides an affidavit to the Arkansas Public Service Commission stating the separately identified language requirements of this subdivision (i)(1)(B) would cause a hardship based on the billing system limitations of the company: (i) A local service rate increase under subdivision (i)(1)(A)(iii) of this section may be identified separately on the customer's bill with descriptive language as increases mandated to comply with the Federal Communications Commission benchmark legislation rules; and (ii) The Federal Communication Commission's Access Recovery Charge may be identified separately with appropriate descriptive language on the customer's bill. (2) The commission shall hold and complete a hearing on the rates within ninety (90) days after first giving notice of the hearing to the company to determine if the rates as proposed are just and reasonable. (3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not require the company to set any rate or charge below the greater of the rates in effect at the time of the filing of the increase or the actual cost of providing such service as established by evidence received at the hearing. (4) In the order, the commission may order a refund of amounts collected in excess of the rates and charges as approved at the hearing, which may be paid as a credit against billings for future services. (5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the rates and charges shall be deemed approved for all purposes, including for purposes of appeal.

(1) (A) The commission on its own motion may review basic local exchange service rates of any company subject to this section if the company has increased the rates by more than the greater of fifteen percent (15%) or two dollars ($2.00) per access line per month within any consecutive twelve-month period, excluding rate increases: (i) Ordered by the commission pursuant to § 23-17-404 ; (ii) Resulting from the provision of extended area services required as the result of customer election under commission rules; (iii) Resulting from ETC increases in response to the Federal Communications Commission benchmark legislation, rules, or procedures; or (iv) Necessary to meet a local rate threshold for purposes of receiving maximum support from a federal universal support mechanism or program. (B) Unless a company provides an affidavit to the Arkansas Public Service Commission stating the separately identified language requirements of this subdivision (i)(1)(B) would cause a hardship based on the billing system limitations of the company: (i) A local service rate increase under subdivision (i)(1)(A)(iii) of this section may be identified separately on the customer's bill with descriptive language as increases mandated to comply with the Federal Communications Commission benchmark legislation rules; and (ii) The Federal Communication Commission's Access Recovery Charge may be identified separately with appropriate descriptive language on the customer's bill.

(A) The commission on its own motion may review basic local exchange service rates of any company subject to this section if the company has increased the rates by more than the greater of fifteen percent (15%) or two dollars ($2.00) per access line per month within any consecutive twelve-month period, excluding rate increases: (i) Ordered by the commission pursuant to § 23-17-404 ; (ii) Resulting from the provision of extended area services required as the result of customer election under commission rules; (iii) Resulting from ETC increases in response to the Federal Communications Commission benchmark legislation, rules, or procedures; or (iv) Necessary to meet a local rate threshold for purposes of receiving maximum support from a federal universal support mechanism or program.

(i) Ordered by the commission pursuant to § 23-17-404 ;

(ii) Resulting from the provision of extended area services required as the result of customer election under commission rules;

(iii) Resulting from ETC increases in response to the Federal Communications Commission benchmark legislation, rules, or procedures; or

(iv) Necessary to meet a local rate threshold for purposes of receiving maximum support from a federal universal support mechanism or program.

(B) Unless a company provides an affidavit to the Arkansas Public Service Commission stating the separately identified language requirements of this subdivision (i)(1)(B) would cause a hardship based on the billing system limitations of the company: (i) A local service rate increase under subdivision (i)(1)(A)(iii) of this section may be identified separately on the customer's bill with descriptive language as increases mandated to comply with the Federal Communications Commission benchmark legislation rules; and (ii) The Federal Communication Commission's Access Recovery Charge may be identified separately with appropriate descriptive language on the customer's bill.

(i) A local service rate increase under subdivision (i)(1)(A)(iii) of this section may be identified separately on the customer's bill with descriptive language as increases mandated to comply with the Federal Communications Commission benchmark legislation rules; and

(ii) The Federal Communication Commission's Access Recovery Charge may be identified separately with appropriate descriptive language on the customer's bill.

(2) The commission shall hold and complete a hearing on the rates within ninety (90) days after first giving notice of the hearing to the company to determine if the rates as proposed are just and reasonable.

(3) Within sixty (60) days after close of the hearing, the commission may enter an order adjusting the rates and charges at issue, except that the commission may not require the company to set any rate or charge below the greater of the rates in effect at the time of the filing of the increase or the actual cost of providing such service as established by evidence received at the hearing.

(4) In the order, the commission may order a refund of amounts collected in excess of the rates and charges as approved at the hearing, which may be paid as a credit against billings for future services.

(5) If the commission fails to enter any order within sixty (60) days after the close of the hearing, the rates and charges shall be deemed approved for all purposes, including for purposes of appeal.

(j) (1) For purposes of this section, the commission may not require a company that is subject to this section to set its rates below the actual cost of the company providing the service. (2) If requested by the company, the actual cost shall be determined to include a ratable portion of administrative expenses and overhead incurred by the company in its operations and the appropriate amortization of previously deferred accounting costs.

(1) For purposes of this section, the commission may not require a company that is subject to this section to set its rates below the actual cost of the company providing the service.

(2) If requested by the company, the actual cost shall be determined to include a ratable portion of administrative expenses and overhead incurred by the company in its operations and the appropriate amortization of previously deferred accounting costs.

(k) No telephone company subject to this section may change its basic local exchange service rates within ninety (90) days after entry of a final order adjusting the rate pursuant to subsections (g) and (i) of this section.

(l) Notwithstanding the provisions of this section, if at any time following the notice provided under this section another telecommunications provider is providing basic local exchange service or switched-access service within a local exchange area of the company subject to this section, the company that is subject to this section may determine its rates for basic local exchange service and switched-access service within any exchange in which another telecommunications provider is providing these services in the same manner that it determines its rates for other services pursuant to subsection (a) of this section.

(m) A telephone company electing to be regulated in accordance with this section may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that basic local exchange services and switched-access services may be purchased separately at the rates that are established in accordance with this section.

Amended by Act 2013, No. 442,§ 23, eff. 3/19/2013.

Acts 1997, No. 77, § 12; 2003, No. 1764, § 2; 2007, No. 385, §§ 7-9.
Ark. Code Ann. § 23-46-504 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-504
Examination of affiliates
Status: in_force

The Bank Commissioner may make at any time, and from time to time, such examinations of the affairs of affiliates of state banks or of affiliates of subsidiary trust companies as shall be necessary to disclose fully the relations between the state banks and their affiliates or between the subsidiary trust companies and their affiliates, and the effect of those relations on the affairs of the state banks or subsidiary trust companies. Acts 1997, No. 89, § 1.

The Bank Commissioner may make at any time, and from time to time, such examinations of the affairs of affiliates of state banks or of affiliates of subsidiary trust companies as shall be necessary to disclose fully the relations between the state banks and their affiliates or between the subsidiary trust companies and their affiliates, and the effect of those relations on the affairs of the state banks or subsidiary trust companies.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-310 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-310
Rules
Status: in_force

The Insurance Commissioner may promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2711, eff. 7/24/2019. Acts 1987, No. 204, § 8.

The Insurance Commissioner may promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2711, eff. 7/24/2019.

Acts 1987, No. 204, § 8.
Ark. Code Ann. § 23-112-1012 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1012
Termination, cancellation, or nonrenewal of dealer agreement
Status: in_force

(a) (1) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a dealer agreement with or without good cause. (2) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement without good cause, the manufacturer or distributor shall comply with § 23-112-1013 . (3) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do not apply. (b) (1) When terminating or cancelling for good cause, the manufacturer or distributor has the burden of showing good cause for terminating or cancelling a dealer agreement with a dealer. (2) For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered: (A) The extent of the affected dealer's penetration in the area of sales responsibility; (B) The nature and extent of the dealer's investment in its business; (C) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (D) The effect of the proposed action on the community; (E) The extent and quality of the dealer's service under warranties associated with recreational vehicles; (F) The failure to follow agreed-upon procedures or standards related to the overall operation of the dealership; and (G) The performance of the dealer under the terms of its dealer agreement. (c) (1) Except as otherwise provided in this section, a manufacturer or distributor shall provide a dealer with at least ninety (90) days' prior written notice of termination, cancellation, or nonrenewal of the dealer agreement if the dealer is being terminated for good cause. (2) The notice shall state: (A) All reasons for the proposed termination, cancellation, or nonrenewal of the dealer agreement; and (B) (i) That if within thirty (30) days following receipt of the notice the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (ii) If the deficiencies are rectified within ninety (90) days following receipt of the original notice, the manufacturer's or distributor's notice is voided. (iii) If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect thirty (30) days after the dealer's receipt of the original notice from the manufacturer. If the dealer has new and untitled recreational vehicle inventory, the inventory may be sold under § 23-112-1014 . (3) The notice period may be reduced to thirty (30) days if the manufacturer's or distributor's grounds for termination, cancellation, or nonrenewal are due to any of the following good-cause factors: (A) A dealer's or one (1) of its owners' being convicted of, or entering a plea of nolo contendere to, a felony; (B) The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control; (C) A misrepresentation by the dealer materially affecting the business relationship; (D) A suspension or revocation of the dealer's license or refusal to renew the dealer's license by the Arkansas Motor Vehicle Commission; or (E) A material violation of this subchapter that is not cured within thirty (30) days after the written notice by the manufacturer. (4) The notice provisions of this subsection do not apply if the reason for termination, cancellation, or nonrenewal is: (A) The dealer's insolvency; (B) The occurrence of an assignment for the benefit of creditors; or (C) Bankruptcy. (d) (1) A dealer may terminate or cancel its dealer agreement with a manufacturer or distributor with or without good cause by giving ninety (90) days' written notice. (2) If the termination or cancellation is for good cause, the notice shall state: (A) All reasons for the proposed termination or cancellation; and (B) That if within thirty (30) days following receipt of the notice the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (3) (A) If the deficiencies are rectified within ninety (90) days from receipt of the original notice, the dealer's notice is voided. (B) If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect thirty (30) days after the manufacturer's or distributor's receipt of the original notice. (4) (A) If the dealer terminates, cancels, or fails to renew the dealer agreement without good cause, the terms of § 23-112-1013 do not apply. (B) If the dealer terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do apply. (C) The dealer has the burden of showing good cause. (D) Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (i) A manufacturer's being convicted of, or entering a plea of nolo contendere to, a felony; (ii) The business operations of the manufacturer having been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (iii) A significant misrepresentation by the manufacturer materially affecting the business relationship; (iv) A material violation of this subchapter which is not cured by the manufacturer within thirty (30) days after written notice; or (v) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy. (e) If the dealer agreement is terminated or cancelled with or without cause, the terminating or cancelling party shall notify the commission of the termination or cancellation within ten (10) days of sending the termination or cancellation notice and include a copy of the notice. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) (1) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a dealer agreement with or without good cause. (2) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement without good cause, the manufacturer or distributor shall comply with § 23-112-1013 . (3) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do not apply.

(1) A manufacturer or distributor, directly or through any authorized officer, agent, or employee, may terminate, cancel, or fail to renew a dealer agreement with or without good cause.

(2) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement without good cause, the manufacturer or distributor shall comply with § 23-112-1013 .

(3) If the manufacturer or distributor terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do not apply.

(b) (1) When terminating or cancelling for good cause, the manufacturer or distributor has the burden of showing good cause for terminating or cancelling a dealer agreement with a dealer. (2) For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered: (A) The extent of the affected dealer's penetration in the area of sales responsibility; (B) The nature and extent of the dealer's investment in its business; (C) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (D) The effect of the proposed action on the community; (E) The extent and quality of the dealer's service under warranties associated with recreational vehicles; (F) The failure to follow agreed-upon procedures or standards related to the overall operation of the dealership; and (G) The performance of the dealer under the terms of its dealer agreement.

(1) When terminating or cancelling for good cause, the manufacturer or distributor has the burden of showing good cause for terminating or cancelling a dealer agreement with a dealer.

(2) For purposes of determining whether there is good cause for the proposed action, any of the following factors may be considered: (A) The extent of the affected dealer's penetration in the area of sales responsibility; (B) The nature and extent of the dealer's investment in its business; (C) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel; (D) The effect of the proposed action on the community; (E) The extent and quality of the dealer's service under warranties associated with recreational vehicles; (F) The failure to follow agreed-upon procedures or standards related to the overall operation of the dealership; and (G) The performance of the dealer under the terms of its dealer agreement.

(A) The extent of the affected dealer's penetration in the area of sales responsibility;

(B) The nature and extent of the dealer's investment in its business;

(C) The adequacy of the dealer's service facilities, equipment, parts, supplies, and personnel;

(D) The effect of the proposed action on the community;

(E) The extent and quality of the dealer's service under warranties associated with recreational vehicles;

(F) The failure to follow agreed-upon procedures or standards related to the overall operation of the dealership; and

(G) The performance of the dealer under the terms of its dealer agreement.

(c) (1) Except as otherwise provided in this section, a manufacturer or distributor shall provide a dealer with at least ninety (90) days' prior written notice of termination, cancellation, or nonrenewal of the dealer agreement if the dealer is being terminated for good cause. (2) The notice shall state: (A) All reasons for the proposed termination, cancellation, or nonrenewal of the dealer agreement; and (B) (i) That if within thirty (30) days following receipt of the notice the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (ii) If the deficiencies are rectified within ninety (90) days following receipt of the original notice, the manufacturer's or distributor's notice is voided. (iii) If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect thirty (30) days after the dealer's receipt of the original notice from the manufacturer. If the dealer has new and untitled recreational vehicle inventory, the inventory may be sold under § 23-112-1014 . (3) The notice period may be reduced to thirty (30) days if the manufacturer's or distributor's grounds for termination, cancellation, or nonrenewal are due to any of the following good-cause factors: (A) A dealer's or one (1) of its owners' being convicted of, or entering a plea of nolo contendere to, a felony; (B) The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control; (C) A misrepresentation by the dealer materially affecting the business relationship; (D) A suspension or revocation of the dealer's license or refusal to renew the dealer's license by the Arkansas Motor Vehicle Commission; or (E) A material violation of this subchapter that is not cured within thirty (30) days after the written notice by the manufacturer. (4) The notice provisions of this subsection do not apply if the reason for termination, cancellation, or nonrenewal is: (A) The dealer's insolvency; (B) The occurrence of an assignment for the benefit of creditors; or (C) Bankruptcy.

(1) Except as otherwise provided in this section, a manufacturer or distributor shall provide a dealer with at least ninety (90) days' prior written notice of termination, cancellation, or nonrenewal of the dealer agreement if the dealer is being terminated for good cause.

(2) The notice shall state: (A) All reasons for the proposed termination, cancellation, or nonrenewal of the dealer agreement; and (B) (i) That if within thirty (30) days following receipt of the notice the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (ii) If the deficiencies are rectified within ninety (90) days following receipt of the original notice, the manufacturer's or distributor's notice is voided. (iii) If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect thirty (30) days after the dealer's receipt of the original notice from the manufacturer. If the dealer has new and untitled recreational vehicle inventory, the inventory may be sold under § 23-112-1014 .

(A) All reasons for the proposed termination, cancellation, or nonrenewal of the dealer agreement; and

(B) (i) That if within thirty (30) days following receipt of the notice the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (ii) If the deficiencies are rectified within ninety (90) days following receipt of the original notice, the manufacturer's or distributor's notice is voided. (iii) If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect thirty (30) days after the dealer's receipt of the original notice from the manufacturer. If the dealer has new and untitled recreational vehicle inventory, the inventory may be sold under § 23-112-1014 .

(i) That if within thirty (30) days following receipt of the notice the dealer provides to the manufacturer or distributor a written notice of intent to cure all claimed deficiencies, the dealer will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.

(ii) If the deficiencies are rectified within ninety (90) days following receipt of the original notice, the manufacturer's or distributor's notice is voided.

(iii) If the dealer fails to provide the notice of intent to cure the deficiencies in the prescribed time period, the termination, cancellation, or nonrenewal takes effect thirty (30) days after the dealer's receipt of the original notice from the manufacturer. If the dealer has new and untitled recreational vehicle inventory, the inventory may be sold under § 23-112-1014 .

(3) The notice period may be reduced to thirty (30) days if the manufacturer's or distributor's grounds for termination, cancellation, or nonrenewal are due to any of the following good-cause factors: (A) A dealer's or one (1) of its owners' being convicted of, or entering a plea of nolo contendere to, a felony; (B) The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control; (C) A misrepresentation by the dealer materially affecting the business relationship; (D) A suspension or revocation of the dealer's license or refusal to renew the dealer's license by the Arkansas Motor Vehicle Commission; or (E) A material violation of this subchapter that is not cured within thirty (30) days after the written notice by the manufacturer.

(A) A dealer's or one (1) of its owners' being convicted of, or entering a plea of nolo contendere to, a felony;

(B) The abandonment or closing of the business operations of the dealer for ten (10) consecutive business days unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the dealer has no control;

(C) A misrepresentation by the dealer materially affecting the business relationship;

(D) A suspension or revocation of the dealer's license or refusal to renew the dealer's license by the Arkansas Motor Vehicle Commission; or

(E) A material violation of this subchapter that is not cured within thirty (30) days after the written notice by the manufacturer.

(4) The notice provisions of this subsection do not apply if the reason for termination, cancellation, or nonrenewal is: (A) The dealer's insolvency; (B) The occurrence of an assignment for the benefit of creditors; or (C) Bankruptcy.

(A) The dealer's insolvency;

(B) The occurrence of an assignment for the benefit of creditors; or

(C) Bankruptcy.

(d) (1) A dealer may terminate or cancel its dealer agreement with a manufacturer or distributor with or without good cause by giving ninety (90) days' written notice. (2) If the termination or cancellation is for good cause, the notice shall state: (A) All reasons for the proposed termination or cancellation; and (B) That if within thirty (30) days following receipt of the notice the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies. (3) (A) If the deficiencies are rectified within ninety (90) days from receipt of the original notice, the dealer's notice is voided. (B) If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect thirty (30) days after the manufacturer's or distributor's receipt of the original notice. (4) (A) If the dealer terminates, cancels, or fails to renew the dealer agreement without good cause, the terms of § 23-112-1013 do not apply. (B) If the dealer terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do apply. (C) The dealer has the burden of showing good cause. (D) Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (i) A manufacturer's being convicted of, or entering a plea of nolo contendere to, a felony; (ii) The business operations of the manufacturer having been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (iii) A significant misrepresentation by the manufacturer materially affecting the business relationship; (iv) A material violation of this subchapter which is not cured by the manufacturer within thirty (30) days after written notice; or (v) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.

(1) A dealer may terminate or cancel its dealer agreement with a manufacturer or distributor with or without good cause by giving ninety (90) days' written notice.

(2) If the termination or cancellation is for good cause, the notice shall state: (A) All reasons for the proposed termination or cancellation; and (B) That if within thirty (30) days following receipt of the notice the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.

(A) All reasons for the proposed termination or cancellation; and

(B) That if within thirty (30) days following receipt of the notice the manufacturer or distributor provides to the dealer a written notice of intent to cure all claimed deficiencies, the manufacturer or distributor will then have ninety (90) days following receipt of the original notice to rectify the deficiencies.

(3) (A) If the deficiencies are rectified within ninety (90) days from receipt of the original notice, the dealer's notice is voided. (B) If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect thirty (30) days after the manufacturer's or distributor's receipt of the original notice.

(A) If the deficiencies are rectified within ninety (90) days from receipt of the original notice, the dealer's notice is voided.

(B) If the manufacturer or distributor fails to provide the notice of intent to cure the deficiencies in the time period prescribed in the original notice of termination or cancellation, the pending termination or cancellation shall take effect thirty (30) days after the manufacturer's or distributor's receipt of the original notice.

(4) (A) If the dealer terminates, cancels, or fails to renew the dealer agreement without good cause, the terms of § 23-112-1013 do not apply. (B) If the dealer terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do apply. (C) The dealer has the burden of showing good cause. (D) Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (i) A manufacturer's being convicted of, or entering a plea of nolo contendere to, a felony; (ii) The business operations of the manufacturer having been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (iii) A significant misrepresentation by the manufacturer materially affecting the business relationship; (iv) A material violation of this subchapter which is not cured by the manufacturer within thirty (30) days after written notice; or (v) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.

(A) If the dealer terminates, cancels, or fails to renew the dealer agreement without good cause, the terms of § 23-112-1013 do not apply.

(B) If the dealer terminates, cancels, or fails to renew the dealer agreement with good cause, the terms of § 23-112-1013 do apply.

(C) The dealer has the burden of showing good cause.

(D) Any of the following items shall be deemed good cause for the proposed termination, cancellation, or nonrenewal action by a dealer: (i) A manufacturer's being convicted of, or entering a plea of nolo contendere to, a felony; (ii) The business operations of the manufacturer having been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control; (iii) A significant misrepresentation by the manufacturer materially affecting the business relationship; (iv) A material violation of this subchapter which is not cured by the manufacturer within thirty (30) days after written notice; or (v) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.

(i) A manufacturer's being convicted of, or entering a plea of nolo contendere to, a felony;

(ii) The business operations of the manufacturer having been abandoned or closed for ten (10) consecutive business days, unless the closing is due to an act of God, strike, labor difficulty, or other cause over which the manufacturer has no control;

(iii) A significant misrepresentation by the manufacturer materially affecting the business relationship;

(iv) A material violation of this subchapter which is not cured by the manufacturer within thirty (30) days after written notice; or

(v) A declaration by the manufacturer of bankruptcy, insolvency, or the occurrence of an assignment for the benefit of creditors or bankruptcy.

(e) If the dealer agreement is terminated or cancelled with or without cause, the terminating or cancelling party shall notify the commission of the termination or cancellation within ten (10) days of sending the termination or cancellation notice and include a copy of the notice.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-65-205 — AR Code / Title 23 / Chapter 65 / Subchapter 2 / Section 23-65-205
Defense of action by unauthorized insurer - Damages and attorney's fees
Status: in_force

(a) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under §§ 23-65-202 and 23-65-203 , the insurer shall: (1) Procure a certificate of authority to transact insurance in this state; or (2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such an action. The court may in its discretion make an order dispensing with the deposit or bond when the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such an action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on the judgment in the state where such funds or securities are located. (b) The court in any action or proceeding in which service is made in the manner provided in § 23-65-203 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section, and to defend the action. (c) Nothing in subsection (a) of this section is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in § 23-65-203 hereof on the ground either: (1) That such unauthorized insurer has not done any of the acts enumerated in § 23-65-202 ; or (2) That the person on whom service was made pursuant to § 23-65-203(a) was not doing any of the acts therein enumerated. (d) Any such insurer shall be subject to the provisions of § 23-79-208 . Acts 1959, No. 148, § 187; A.S.A. 1947, § 66-2907.

(a) Before an unauthorized insurer shall file or cause to be filed any pleading in any action or proceeding instituted against it under §§ 23-65-202 and 23-65-203 , the insurer shall: (1) Procure a certificate of authority to transact insurance in this state; or (2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such an action. The court may in its discretion make an order dispensing with the deposit or bond when the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such an action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on the judgment in the state where such funds or securities are located.

(1) Procure a certificate of authority to transact insurance in this state; or

(2) Deposit with the clerk of the court in which such action or proceeding is pending cash or securities or file with the clerk a bond with good and sufficient sureties, to be approved by the court, in an amount to be fixed by the court sufficient to secure the payment of any final judgment which may be rendered in such an action. The court may in its discretion make an order dispensing with the deposit or bond when the insurer makes a showing satisfactory to the court that it maintains in a state of the United States funds or securities, in trust or otherwise, sufficient and available to satisfy any final judgment which may be entered in such an action or proceeding and that the insurer will pay any final judgment entered therein without requiring suit to be brought on the judgment in the state where such funds or securities are located.

(b) The court in any action or proceeding in which service is made in the manner provided in § 23-65-203 may, in its discretion, order such postponement as may be necessary to afford the defendant reasonable opportunity to comply with the provisions of subsection (a) of this section, and to defend the action.

(c) Nothing in subsection (a) of this section is to be construed to prevent an unauthorized insurer from filing a motion to quash or to set aside the service of any process made in the manner provided in § 23-65-203 hereof on the ground either: (1) That such unauthorized insurer has not done any of the acts enumerated in § 23-65-202 ; or (2) That the person on whom service was made pursuant to § 23-65-203(a) was not doing any of the acts therein enumerated.

(1) That such unauthorized insurer has not done any of the acts enumerated in § 23-65-202 ; or

(2) That the person on whom service was made pursuant to § 23-65-203(a) was not doing any of the acts therein enumerated.

(d) Any such insurer shall be subject to the provisions of § 23-79-208 .

Acts 1959, No. 148, § 187; A.S.A. 1947, § 66-2907.
Ark. Code Ann. § 23-18-1005 — AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1005
Applicability
Status: in_force

This subchapter does not prevent a nonresidential customer from opting out in accordance with § 23-3-405 of energy conservation programs and measures as defined in § 23-3-403 . Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

This subchapter does not prevent a nonresidential customer from opting out in accordance with § 23-3-405 of energy conservation programs and measures as defined in § 23-3-403 .

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-47-102 — AR Code / Title 23 / Chapter 47 / Subchapter 1 / Section 23-47-102
Acquisition and disposition of own stock
Status: in_force

(a) No state bank shall be the purchaser or holder of its own capital stock, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith. (b) Stock so purchased or acquired shall be sold or disposed of as expeditiously as possible within twenty-four (24) months of its purchase or acquisition. After the expiration of twenty-four (24) months, any such stock shall not be considered as part of the assets of the state bank. (c) This section does not apply to: (1) The payment by a state bank of the value of shares held by shareholders dissenting from any proposed merger, consolidation, purchase or assumption, or other reorganization involving a plan of exchange of any of the stock of the state bank, who perfect their statutory rights as dissenting shareholders; or (2) The repurchase by a state bank of its shares of capital stock if the state bank is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, or has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, when the terms of the repurchase, or any repurchase plan or program, has been approved by the Bank Commissioner. Amended by Act 2017, No. 548,§ 1, eff. 3/21/2017. Acts 1997, No. 89, § 1.

(a) No state bank shall be the purchaser or holder of its own capital stock, unless such security or purchase shall be necessary to prevent loss upon a debt previously contracted in good faith.

(b) Stock so purchased or acquired shall be sold or disposed of as expeditiously as possible within twenty-four (24) months of its purchase or acquisition. After the expiration of twenty-four (24) months, any such stock shall not be considered as part of the assets of the state bank.

(c) This section does not apply to: (1) The payment by a state bank of the value of shares held by shareholders dissenting from any proposed merger, consolidation, purchase or assumption, or other reorganization involving a plan of exchange of any of the stock of the state bank, who perfect their statutory rights as dissenting shareholders; or (2) The repurchase by a state bank of its shares of capital stock if the state bank is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, or has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, when the terms of the repurchase, or any repurchase plan or program, has been approved by the Bank Commissioner.

(1) The payment by a state bank of the value of shares held by shareholders dissenting from any proposed merger, consolidation, purchase or assumption, or other reorganization involving a plan of exchange of any of the stock of the state bank, who perfect their statutory rights as dissenting shareholders; or

(2) The repurchase by a state bank of its shares of capital stock if the state bank is required to file reports under section 13 or section 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, or has a class of equity securities registered under section 12(b) or section 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017, when the terms of the repurchase, or any repurchase plan or program, has been approved by the Bank Commissioner.

Amended by Act 2017, No. 548,§ 1, eff. 3/21/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-303 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-303
Applicability - Exceptions
Status: in_force

(a) This subchapter applies to property and casualty insurance on commercial risks in this state, except: (1) Reinsurance; (2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft; (3) Ocean marine or foreign trade insurance; (4) Title insurance; (5) Surety or fidelity insurance; (6) Credit insurance; (7) Workers' compensation or employers' liability insurance; and (8) Large commercial risks. (b) Section 23-79-307(5)(A) , § 23-79-311 , and § 23-79-312 do not apply to medical malpractice insurance. Acts 1987, No. 204, § 2; 1999, No. 458, § 8; 2009, No. 726, § 39.

(a) This subchapter applies to property and casualty insurance on commercial risks in this state, except: (1) Reinsurance; (2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft; (3) Ocean marine or foreign trade insurance; (4) Title insurance; (5) Surety or fidelity insurance; (6) Credit insurance; (7) Workers' compensation or employers' liability insurance; and (8) Large commercial risks.

(1) Reinsurance;

(2) Insurance against loss of or damage to aircraft or their hulls, accessories, and equipment or against liability arising out of the ownership, maintenance, or use of aircraft;

(3) Ocean marine or foreign trade insurance;

(4) Title insurance;

(5) Surety or fidelity insurance;

(6) Credit insurance;

(7) Workers' compensation or employers' liability insurance; and

(8) Large commercial risks.

(b) Section 23-79-307(5)(A) , § 23-79-311 , and § 23-79-312 do not apply to medical malpractice insurance.

Acts 1987, No. 204, § 2; 1999, No. 458, § 8; 2009, No. 726, § 39.
Ark. Code Ann. § 23-47-103 — AR Code / Title 23 / Chapter 47 / Subchapter 1 / Section 23-47-103
Acquisition of bank premises
Status: in_force

(a) A state bank or subsidiary trust company, acting with the prior approval of the Bank Commissioner, may acquire bank premises to be used, occupied, or owned by it. (b) (1) Any state bank acting with the prior approval of the commissioner may cause the title to its bank premises, now owned or at any time hereafter acquired by the bank to be held by a subsidiary corporation which shall be wholly owned by the bank. (2) A state bank having such a subsidiary may rent the bank premises or any portion thereof from the subsidiary or acquire the title to the premises by purchase from the subsidiary or through its liquidation under such terms and conditions as may be approved by the commissioner. (c) A state bank may with the prior approval of the commissioner invest in bank premises or in the stock, bonds, debentures, or other obligations of the subsidiary owning the bank premises, or make loans to, or upon the security of the stock of the subsidiary, if the aggregate of all such investments or loans, together with the amount of any indebtedness incurred by the subsidiary, will not exceed one hundred fifty percent (150%) of the capital base of the state bank. Acts 1997, No. 89, § 1; 1999, No. 112, § 1.

(a) A state bank or subsidiary trust company, acting with the prior approval of the Bank Commissioner, may acquire bank premises to be used, occupied, or owned by it.

(b) (1) Any state bank acting with the prior approval of the commissioner may cause the title to its bank premises, now owned or at any time hereafter acquired by the bank to be held by a subsidiary corporation which shall be wholly owned by the bank. (2) A state bank having such a subsidiary may rent the bank premises or any portion thereof from the subsidiary or acquire the title to the premises by purchase from the subsidiary or through its liquidation under such terms and conditions as may be approved by the commissioner.

(1) Any state bank acting with the prior approval of the commissioner may cause the title to its bank premises, now owned or at any time hereafter acquired by the bank to be held by a subsidiary corporation which shall be wholly owned by the bank.

(2) A state bank having such a subsidiary may rent the bank premises or any portion thereof from the subsidiary or acquire the title to the premises by purchase from the subsidiary or through its liquidation under such terms and conditions as may be approved by the commissioner.

(c) A state bank may with the prior approval of the commissioner invest in bank premises or in the stock, bonds, debentures, or other obligations of the subsidiary owning the bank premises, or make loans to, or upon the security of the stock of the subsidiary, if the aggregate of all such investments or loans, together with the amount of any indebtedness incurred by the subsidiary, will not exceed one hundred fifty percent (150%) of the capital base of the state bank.

Acts 1997, No. 89, § 1; 1999, No. 112, § 1.
Ark. Code Ann. § 23-61-1108 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1108
Transportation of dead human bodies
Status: in_force

(a) In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may license, inspect, and promulgate reasonable rules for any person, partnership, corporation, association, society, or other legal entity engaged in the business of transporting dead human bodies over public streets and highways of this state. (b) (1) A violation of the licensing and inspection requirements established by the board under this section is a Class A misdemeanor. (2) A violation of rules promulgated by the board under this section is a Class A misdemeanor. Amended by Act 2019, No. 391,§ 8, eff. 7/24/2019. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may license, inspect, and promulgate reasonable rules for any person, partnership, corporation, association, society, or other legal entity engaged in the business of transporting dead human bodies over public streets and highways of this state.

(b) (1) A violation of the licensing and inspection requirements established by the board under this section is a Class A misdemeanor. (2) A violation of rules promulgated by the board under this section is a Class A misdemeanor.

(1) A violation of the licensing and inspection requirements established by the board under this section is a Class A misdemeanor.

(2) A violation of rules promulgated by the board under this section is a Class A misdemeanor.

Amended by Act 2019, No. 391,§ 8, eff. 7/24/2019.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-69-107 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-107
Articles of incorporation - Amendment
Status: in_force

(a) A domestic stock insurer may amend its articles of incorporation for any lawful purpose by written authorization of the holders of a majority of the voting power of its outstanding capital stock or by affirmative vote of a majority voting at a lawful meeting of stockholders of which the notice given to stockholders included due notice of the proposal to amend. (b) A domestic mutual insurer may amend its articles of incorporation for any lawful purpose by affirmative vote of a majority of those of its members present or represented by proxy at a lawful meeting of its members of which the notice given members included due notice of the proposal to amend. (c) (1) Upon adoption of an amendment, the insurer shall make in duplicate under its corporate seal a certificate, sometimes referred to as "articles of amendment", setting forth the amendment and the date and manner of the adoption thereof. The certificate shall be executed by the insurer's president or vice president and secretary or assistant secretary and acknowledged by them before an officer authorized by law to take acknowledgments of deeds. (2) The insurer shall deliver to the Insurance Commissioner the duplicate originals of the certificate, together with the filing fee specified therefor in § 23-61-401 or by rule and regulation. (3) If he or she finds that the certificate and amendments comply with law, the commissioner shall endorse his or her approval upon each of the duplicate originals, place one (1) set on file in his or her office, and return the remaining set to the insurer for its corporate records. (4) The amendment shall be effective when the commissioner has endorsed his or her approval on the certificate of amendment and placed it on file in his or her office. (d) If the commissioner finds that the proposed amendment or certificate does not comply with law, the commissioner shall not approve it and shall return the duplicate certificate of amendment to the insurer together with his or her written statement of reasons for nonapproval. The filing fee shall not be returnable. (e) (1) If an amendment of articles of incorporation would reduce the authorized capital stock of a stock insurer below the amount thereof then outstanding, the commissioner shall not approve the amendment if he or she has reason to believe that the interests of policyholders or creditors of the insurer would be materially prejudiced by such a reduction. (2) If any reduction of capital stock is effectuated, the insurer may require return of the original certificates of stock held by each stockholder for exchange for new certificates for such number of shares as the stockholder is then entitled in the proportion that the reduced capital bears to the amount of capital stock outstanding as of immediately prior to the effective date of the reduction. Acts 1959, No. 148, § 459; A.S.A. 1947, § 66-4207; Acts 2001, No. 1604, §§ 50, 51.

(a) A domestic stock insurer may amend its articles of incorporation for any lawful purpose by written authorization of the holders of a majority of the voting power of its outstanding capital stock or by affirmative vote of a majority voting at a lawful meeting of stockholders of which the notice given to stockholders included due notice of the proposal to amend.

(b) A domestic mutual insurer may amend its articles of incorporation for any lawful purpose by affirmative vote of a majority of those of its members present or represented by proxy at a lawful meeting of its members of which the notice given members included due notice of the proposal to amend.

(c) (1) Upon adoption of an amendment, the insurer shall make in duplicate under its corporate seal a certificate, sometimes referred to as "articles of amendment", setting forth the amendment and the date and manner of the adoption thereof. The certificate shall be executed by the insurer's president or vice president and secretary or assistant secretary and acknowledged by them before an officer authorized by law to take acknowledgments of deeds. (2) The insurer shall deliver to the Insurance Commissioner the duplicate originals of the certificate, together with the filing fee specified therefor in § 23-61-401 or by rule and regulation. (3) If he or she finds that the certificate and amendments comply with law, the commissioner shall endorse his or her approval upon each of the duplicate originals, place one (1) set on file in his or her office, and return the remaining set to the insurer for its corporate records. (4) The amendment shall be effective when the commissioner has endorsed his or her approval on the certificate of amendment and placed it on file in his or her office.

(1) Upon adoption of an amendment, the insurer shall make in duplicate under its corporate seal a certificate, sometimes referred to as "articles of amendment", setting forth the amendment and the date and manner of the adoption thereof. The certificate shall be executed by the insurer's president or vice president and secretary or assistant secretary and acknowledged by them before an officer authorized by law to take acknowledgments of deeds.

(2) The insurer shall deliver to the Insurance Commissioner the duplicate originals of the certificate, together with the filing fee specified therefor in § 23-61-401 or by rule and regulation.

(3) If he or she finds that the certificate and amendments comply with law, the commissioner shall endorse his or her approval upon each of the duplicate originals, place one (1) set on file in his or her office, and return the remaining set to the insurer for its corporate records.

(4) The amendment shall be effective when the commissioner has endorsed his or her approval on the certificate of amendment and placed it on file in his or her office.

(d) If the commissioner finds that the proposed amendment or certificate does not comply with law, the commissioner shall not approve it and shall return the duplicate certificate of amendment to the insurer together with his or her written statement of reasons for nonapproval. The filing fee shall not be returnable.

(e) (1) If an amendment of articles of incorporation would reduce the authorized capital stock of a stock insurer below the amount thereof then outstanding, the commissioner shall not approve the amendment if he or she has reason to believe that the interests of policyholders or creditors of the insurer would be materially prejudiced by such a reduction. (2) If any reduction of capital stock is effectuated, the insurer may require return of the original certificates of stock held by each stockholder for exchange for new certificates for such number of shares as the stockholder is then entitled in the proportion that the reduced capital bears to the amount of capital stock outstanding as of immediately prior to the effective date of the reduction.

(1) If an amendment of articles of incorporation would reduce the authorized capital stock of a stock insurer below the amount thereof then outstanding, the commissioner shall not approve the amendment if he or she has reason to believe that the interests of policyholders or creditors of the insurer would be materially prejudiced by such a reduction.

(2) If any reduction of capital stock is effectuated, the insurer may require return of the original certificates of stock held by each stockholder for exchange for new certificates for such number of shares as the stockholder is then entitled in the proportion that the reduced capital bears to the amount of capital stock outstanding as of immediately prior to the effective date of the reduction.

Acts 1959, No. 148, § 459; A.S.A. 1947, § 66-4207; Acts 2001, No. 1604, §§ 50, 51.
Ark. Code Ann. § 23-37-705 — AR Code / Title 23 / Chapter 37 / Subchapter 7 / Section 23-37-705
Reorganization, merger, consolidation, or sale of assets
Status: in_force

(a) Pursuant to a plan adopted by the board of directors and approved by the Savings and Loan Association Board [abolished] as being equitable to the members or stockholders of the association and as not impairing the usefulness and success of other properly conducted associations in the vicinity, an association shall have power to reorganize, or to merge or consolidate with, or to sell all or a portion of its assets to another association or a federal association. (b) The plan of reorganization, merger or consolidation, or sale shall be approved by a majority vote of the members or stockholders of the affected associations cast at an annual meeting or at any special meeting called to consider such an action. (c) In all cases, the corporate continuity of the resulting corporation shall possess the same incidents as that of an association which has converted in accordance with this chapter. Acts 1963, No. 227, § 53; A.S.A. 1947, § 67-1853.

(a) Pursuant to a plan adopted by the board of directors and approved by the Savings and Loan Association Board [abolished] as being equitable to the members or stockholders of the association and as not impairing the usefulness and success of other properly conducted associations in the vicinity, an association shall have power to reorganize, or to merge or consolidate with, or to sell all or a portion of its assets to another association or a federal association.

(b) The plan of reorganization, merger or consolidation, or sale shall be approved by a majority vote of the members or stockholders of the affected associations cast at an annual meeting or at any special meeting called to consider such an action.

(c) In all cases, the corporate continuity of the resulting corporation shall possess the same incidents as that of an association which has converted in accordance with this chapter.

Acts 1963, No. 227, § 53; A.S.A. 1947, § 67-1853.
Ark. Code Ann. § 23-48-801 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-801
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) (A) "Customer-bank communication terminal", or "CBCT", means any electronic device or facility, other than a point-of-sale terminal, together with all associated equipment, structures, and systems, through or by means of which a customer and a bank may engage in any banking transaction, whether transmitted to the banking institution instantaneously or otherwise. This definition specifically includes automatic teller machines. (B) Banking transactions include, without limitation, the receipt of deposits of every kind, the receipt and dispensing of cash, requests to withdraw money from an account or pursuant to an authorized line of credit, receiving payments payable at the bank or otherwise, and transmitting instructions to receive, transfer, or pay funds for a customer's benefit. (C) However, nothing in this subdivision (1) shall be deemed to apply to devices used by banks to effect transactions of any nature with other banks; (2) "Point-of-sale terminal" means electronic or mechanical equipment located in nonbank business outlets to record or execute, directly with a bank, transactions occurring as a result of the sale of goods or services, provided the equipment neither dispenses cash nor accepts deposits. For purposes of this definition, the crediting of an account for merchandise returned or for services previously provided shall not be considered as an acceptance of a deposit; and (3) "Supervisory banking authority" means the Bank Commissioner and the State Banking Board for state banks and the United States Comptroller of the Currency for national banks. Acts 1997, No. 89, § 1.

As used in this subchapter, unless the context otherwise requires:

(1) (A) "Customer-bank communication terminal", or "CBCT", means any electronic device or facility, other than a point-of-sale terminal, together with all associated equipment, structures, and systems, through or by means of which a customer and a bank may engage in any banking transaction, whether transmitted to the banking institution instantaneously or otherwise. This definition specifically includes automatic teller machines. (B) Banking transactions include, without limitation, the receipt of deposits of every kind, the receipt and dispensing of cash, requests to withdraw money from an account or pursuant to an authorized line of credit, receiving payments payable at the bank or otherwise, and transmitting instructions to receive, transfer, or pay funds for a customer's benefit. (C) However, nothing in this subdivision (1) shall be deemed to apply to devices used by banks to effect transactions of any nature with other banks;

(A) "Customer-bank communication terminal", or "CBCT", means any electronic device or facility, other than a point-of-sale terminal, together with all associated equipment, structures, and systems, through or by means of which a customer and a bank may engage in any banking transaction, whether transmitted to the banking institution instantaneously or otherwise. This definition specifically includes automatic teller machines.

(B) Banking transactions include, without limitation, the receipt of deposits of every kind, the receipt and dispensing of cash, requests to withdraw money from an account or pursuant to an authorized line of credit, receiving payments payable at the bank or otherwise, and transmitting instructions to receive, transfer, or pay funds for a customer's benefit.

(C) However, nothing in this subdivision (1) shall be deemed to apply to devices used by banks to effect transactions of any nature with other banks;

(2) "Point-of-sale terminal" means electronic or mechanical equipment located in nonbank business outlets to record or execute, directly with a bank, transactions occurring as a result of the sale of goods or services, provided the equipment neither dispenses cash nor accepts deposits. For purposes of this definition, the crediting of an account for merchandise returned or for services previously provided shall not be considered as an acceptance of a deposit; and

(3) "Supervisory banking authority" means the Bank Commissioner and the State Banking Board for state banks and the United States Comptroller of the Currency for national banks.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-12-912 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-912
Killing or injuring livestock - Arbitration
Status: in_force

(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages. (2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages. (3) When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged. (b) (1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal. (2) In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded. (c) In case the party injured refuses to abide by the award and fails to recover a greater amount than was awarded, he or she shall pay the railroad a reasonable attorney's fee, to be fixed by the court. Acts 1961 (1st Ex. Sess.), No. 61, §§ 13, 14; A.S.A. 1947, §§ 73-1012, 73-1013.

(a) (1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages. (2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages. (3) When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged.

(1) When any livestock are killed or wounded by any railroad train, the company or the party damaged may propose to the other to arbitrate the amount of damages.

(2) On agreement to arbitrate the amount of damage, each party shall choose one (1) referee from the vicinity where the damages occurred. In case of disagreement, these two (2) referees shall select a third referee, who shall be sworn to truly assess the damages.

(3) When any two (2) of the referees agree, they shall reduce their findings to writing, sign it in duplicate, and deliver one (1) copy to the railroad company or agent and the other copy to the party damaged.

(b) (1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal. (2) In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded.

(1) On payment of the award of damages by the railroad within thirty (30) days, the railroad shall be forever released from all further damages, but on failing to do so, the railroad shall pay to the party damaged double the amount of the value of the animal so killed or double the amount of damages awarded on account of the wounding of any animal.

(2) In all cases where any award has been made by and under the provisions of subsection (a) of this section and the railroad company fails to comply with the award within thirty (30) days, as prescribed in subdivision (b)(1) of this section, the party damaged shall have the right to bring his or her action before any court in the county having competent jurisdiction, where any such stock may have been killed or wounded, for the actual damages he or she may have sustained on account of the killing or wounding of any such stock. The court or jury trying any such cause shall give judgment in favor of the party damaged double the value of the animal so killed or double the amount of damages awarded.

(c) In case the party injured refuses to abide by the award and fails to recover a greater amount than was awarded, he or she shall pay the railroad a reasonable attorney's fee, to be fixed by the court.

Acts 1961 (1st Ex. Sess.), No. 61, §§ 13, 14; A.S.A. 1947, §§ 73-1012, 73-1013.
Ark. Code Ann. § 23-79-120 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-120
Binders
Status: in_force

(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder. (b) No binder shall be valid beyond the issuance of the policy with respect to which it was given, or beyond ninety (90) days from its effective date, whichever period is the shorter. (c) If the policy has not been issued, a binder may be extended or renewed beyond the ninety (90) days with the written approval of the Insurance Commissioner or in accordance with such rules relative thereto as the commissioner may promulgate. (d) This section shall not apply to life insurance or accident and health insurance. Amended by Act 2019, No. 315,§ 2707, eff. 7/24/2019. Acts 1959, No. 148, § 286; A.S.A. 1947, § 66-3219; Acts 2001, No. 1604, § 95.

(a) Binders or other contracts for temporary insurance may be made orally or in writing and shall be deemed to include all the usual terms of the policy as to which the binder was given together with such applicable endorsements as are designated in the binder, except as superseded by the clear and express terms of the binder.

(b) No binder shall be valid beyond the issuance of the policy with respect to which it was given, or beyond ninety (90) days from its effective date, whichever period is the shorter.

(c) If the policy has not been issued, a binder may be extended or renewed beyond the ninety (90) days with the written approval of the Insurance Commissioner or in accordance with such rules relative thereto as the commissioner may promulgate.

(d) This section shall not apply to life insurance or accident and health insurance.

Amended by Act 2019, No. 315,§ 2707, eff. 7/24/2019.

Acts 1959, No. 148, § 286; A.S.A. 1947, § 66-3219; Acts 2001, No. 1604, § 95.
Ark. Code Ann. § 23-19-203 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-203
Franchising authority - Application for certificate of franchise authority - Modification of service areas - Term of certificate of franchise authority and termination of certificate of franchise authority
Status: in_force

(a) After June 30, 2013: (1) A person shall not act as a video service provider within the state unless the person: (A) Is providing video service under a franchise from a political subdivision in effect on March 6, 2013, or a subsequent renewal of the franchise; (B) Elects to: (i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or (ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or (C) Has been granted a certificate of franchise authority to do business in the state by the Secretary of State as authorized in this subchapter; and (2) A franchise between a political subdivision and a video service provider described in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section expires on the earlier of: (A) Ten (10) years from the date the franchise was effective; or (B) The original expiration date of the franchise. (b) (1) (A) This subchapter does not prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Secretary of State for a different service area. (B) Except as permitted under this section, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the Secretary of State for the same service area. (2) An incumbent video service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent video service provider has an existing franchise from a political subdivision for the service area, and upon the granting of a certificate of franchise authority to the incumbent video service provider, the incumbent video service provider's franchise from the political subdivision shall no longer be of any force or effect. (3) In each service area in which an incumbent video service provider provides video service, the incumbent video service provider has sole discretion to determine whether or not to apply for a certificate of franchise authority or continue to provide service under an existing franchise issued by a political subdivision. (c) An applicant seeking a certificate of franchise authority shall: (1) Submit an application to the Secretary of State that provides: (A) The name of the applicant; (B) The address of the applicant's principal place of business in the state; (C) The names of the applicant's principal executive officers; (D) The designated Arkansas representative for the applicant; (E) Identification of the political subdivisions or parts of political subdivisions constituting the service areas in which the applicant intends to provide video service; and (F) The date on which the applicant intends to begin providing video service in the service area described in the application; (2) Provide verification from an officer, general partner, or managing member of the applicant that: (A) The applicant has filed with the Federal Communications Commission the applicable forms needed by the Federal Communications Commission in advance of offering video service in this state; (B) The applicant is legally, financially, and technically qualified to provide video service; and (C) (i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage. (ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents. (iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and (3) Submit the filing fee required under § 23-19-204 . (d) Upon receipt of an application for a certificate of franchise authority under this section, the Secretary of State shall: (1) Notify the applicant within thirty (30) days after receipt of the application whether the application needs additional information or is complete; (2) Issue a certificate of franchise authority within fifteen (15) days after the application is complete; and (3) Provide written notice of a certificate of franchise authority within fifteen (15) days after issuance of a certificate of franchise authority to the governing body of each political subdivision located in the service area designated in the application for a certificate of franchise authority. (e) (1) A holder of a certificate of franchise authority may change the boundaries of an existing service area authorized under the certificate of franchise authority by filing written notice of the modification with the Secretary of State with the filing fee required under § 23-19-204 . (2) The boundary modifications are effective on the date the written notice is filed with the Secretary of State. (3) Such modifications shall not extend the term of the certificate of franchise authority as established in subsection (h) of this section. (f) (1) A certificate of franchise authority is transferrable. (2) To transfer a certificate of franchise authority, the successor shall: (A) File an application containing the information required in subsection (c) of this section; and (B) Acknowledge with the Secretary of State that the successor shall provide notice to the political subdivision with jurisdiction concerning the public rights-of-way to be used to undertake operation and maintenance of video facilities under an approved certificate of franchise authority. (3) A notice of transfer is approved once received by the Secretary of State. (g) The holder of a certificate of franchise authority may terminate the certificate of franchise authority by submitting a written notice to the Secretary of State and an affected political subdivision. (h) A certificate of franchise authority is: (1) Nonexclusive; (2) Valid for an initial term of ten (10) years, subject to changes in federal law; and (3) Renewable for additional ten-year periods for video service providers in compliance with the requirements of subsection (c) of this section. (i) To the extent required for the purposes of 47 U.S.C. §§ 521 - 561 , as it existed on January 1, 2013, the state shall constitute the franchising authority for video service providers in the state. (j) The duties of the Secretary of State under this subchapter are ministerial. The Secretary of State shall not condition or limit a certificate of franchise authority by imposing on the holder of a certificate of franchise authority any obligations or requirements that are not authorized by this subchapter. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

(a) After June 30, 2013: (1) A person shall not act as a video service provider within the state unless the person: (A) Is providing video service under a franchise from a political subdivision in effect on March 6, 2013, or a subsequent renewal of the franchise; (B) Elects to: (i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or (ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or (C) Has been granted a certificate of franchise authority to do business in the state by the Secretary of State as authorized in this subchapter; and (2) A franchise between a political subdivision and a video service provider described in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section expires on the earlier of: (A) Ten (10) years from the date the franchise was effective; or (B) The original expiration date of the franchise.

(1) A person shall not act as a video service provider within the state unless the person: (A) Is providing video service under a franchise from a political subdivision in effect on March 6, 2013, or a subsequent renewal of the franchise; (B) Elects to: (i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or (ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or (C) Has been granted a certificate of franchise authority to do business in the state by the Secretary of State as authorized in this subchapter; and

(A) Is providing video service under a franchise from a political subdivision in effect on March 6, 2013, or a subsequent renewal of the franchise;

(B) Elects to: (i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or (ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or

(i) Negotiate a franchise with a political subdivision that establishes the terms and conditions applicable to that person to provide video service within the jurisdictional boundaries of the political subdivision and has been issued a franchise from the political subdivision for such a purpose; or

(ii) Adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent video service provider providing video service within the same service area and that has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision under the same terms and conditions as the franchise issued to an incumbent video service provider in the political subdivision; or

(C) Has been granted a certificate of franchise authority to do business in the state by the Secretary of State as authorized in this subchapter; and

(2) A franchise between a political subdivision and a video service provider described in subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section expires on the earlier of: (A) Ten (10) years from the date the franchise was effective; or (B) The original expiration date of the franchise.

(A) Ten (10) years from the date the franchise was effective; or

(B) The original expiration date of the franchise.

(b) (1) (A) This subchapter does not prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Secretary of State for a different service area. (B) Except as permitted under this section, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the Secretary of State for the same service area. (2) An incumbent video service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent video service provider has an existing franchise from a political subdivision for the service area, and upon the granting of a certificate of franchise authority to the incumbent video service provider, the incumbent video service provider's franchise from the political subdivision shall no longer be of any force or effect. (3) In each service area in which an incumbent video service provider provides video service, the incumbent video service provider has sole discretion to determine whether or not to apply for a certificate of franchise authority or continue to provide service under an existing franchise issued by a political subdivision.

(1) (A) This subchapter does not prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Secretary of State for a different service area. (B) Except as permitted under this section, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the Secretary of State for the same service area.

(A) This subchapter does not prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Secretary of State for a different service area.

(B) Except as permitted under this section, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the Secretary of State for the same service area.

(2) An incumbent video service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent video service provider has an existing franchise from a political subdivision for the service area, and upon the granting of a certificate of franchise authority to the incumbent video service provider, the incumbent video service provider's franchise from the political subdivision shall no longer be of any force or effect.

(3) In each service area in which an incumbent video service provider provides video service, the incumbent video service provider has sole discretion to determine whether or not to apply for a certificate of franchise authority or continue to provide service under an existing franchise issued by a political subdivision.

(c) An applicant seeking a certificate of franchise authority shall: (1) Submit an application to the Secretary of State that provides: (A) The name of the applicant; (B) The address of the applicant's principal place of business in the state; (C) The names of the applicant's principal executive officers; (D) The designated Arkansas representative for the applicant; (E) Identification of the political subdivisions or parts of political subdivisions constituting the service areas in which the applicant intends to provide video service; and (F) The date on which the applicant intends to begin providing video service in the service area described in the application; (2) Provide verification from an officer, general partner, or managing member of the applicant that: (A) The applicant has filed with the Federal Communications Commission the applicable forms needed by the Federal Communications Commission in advance of offering video service in this state; (B) The applicant is legally, financially, and technically qualified to provide video service; and (C) (i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage. (ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents. (iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and (3) Submit the filing fee required under § 23-19-204 .

(1) Submit an application to the Secretary of State that provides: (A) The name of the applicant; (B) The address of the applicant's principal place of business in the state; (C) The names of the applicant's principal executive officers; (D) The designated Arkansas representative for the applicant; (E) Identification of the political subdivisions or parts of political subdivisions constituting the service areas in which the applicant intends to provide video service; and (F) The date on which the applicant intends to begin providing video service in the service area described in the application;

(A) The name of the applicant;

(B) The address of the applicant's principal place of business in the state;

(C) The names of the applicant's principal executive officers;

(D) The designated Arkansas representative for the applicant;

(E) Identification of the political subdivisions or parts of political subdivisions constituting the service areas in which the applicant intends to provide video service; and

(F) The date on which the applicant intends to begin providing video service in the service area described in the application;

(2) Provide verification from an officer, general partner, or managing member of the applicant that: (A) The applicant has filed with the Federal Communications Commission the applicable forms needed by the Federal Communications Commission in advance of offering video service in this state; (B) The applicant is legally, financially, and technically qualified to provide video service; and (C) (i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage. (ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents. (iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and

(A) The applicant has filed with the Federal Communications Commission the applicable forms needed by the Federal Communications Commission in advance of offering video service in this state;

(B) The applicant is legally, financially, and technically qualified to provide video service; and

(C) (i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage. (ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents. (iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and

(i) The applicant has and maintains with one (1) or more companies licensed to do business in the state comprehensive general liability insurance coverage and automobile liability insurance coverage.

(ii) The insurance policy shall require that the insurance carrier pay on behalf of the applicant, up to a limit of not less than one million dollars ($1,000,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant, or the applicant's employees or agents.

(iii) A certificate of automobile liability self-insurance issued to the applicant and maintained under § 27-19-107 satisfies the liability insurance coverage requirements of this subsection; and

(3) Submit the filing fee required under § 23-19-204 .

(d) Upon receipt of an application for a certificate of franchise authority under this section, the Secretary of State shall: (1) Notify the applicant within thirty (30) days after receipt of the application whether the application needs additional information or is complete; (2) Issue a certificate of franchise authority within fifteen (15) days after the application is complete; and (3) Provide written notice of a certificate of franchise authority within fifteen (15) days after issuance of a certificate of franchise authority to the governing body of each political subdivision located in the service area designated in the application for a certificate of franchise authority.

(1) Notify the applicant within thirty (30) days after receipt of the application whether the application needs additional information or is complete;

(2) Issue a certificate of franchise authority within fifteen (15) days after the application is complete; and

(3) Provide written notice of a certificate of franchise authority within fifteen (15) days after issuance of a certificate of franchise authority to the governing body of each political subdivision located in the service area designated in the application for a certificate of franchise authority.

(e) (1) A holder of a certificate of franchise authority may change the boundaries of an existing service area authorized under the certificate of franchise authority by filing written notice of the modification with the Secretary of State with the filing fee required under § 23-19-204 . (2) The boundary modifications are effective on the date the written notice is filed with the Secretary of State. (3) Such modifications shall not extend the term of the certificate of franchise authority as established in subsection (h) of this section.

(1) A holder of a certificate of franchise authority may change the boundaries of an existing service area authorized under the certificate of franchise authority by filing written notice of the modification with the Secretary of State with the filing fee required under § 23-19-204 .

(2) The boundary modifications are effective on the date the written notice is filed with the Secretary of State.

(3) Such modifications shall not extend the term of the certificate of franchise authority as established in subsection (h) of this section.

(f) (1) A certificate of franchise authority is transferrable. (2) To transfer a certificate of franchise authority, the successor shall: (A) File an application containing the information required in subsection (c) of this section; and (B) Acknowledge with the Secretary of State that the successor shall provide notice to the political subdivision with jurisdiction concerning the public rights-of-way to be used to undertake operation and maintenance of video facilities under an approved certificate of franchise authority. (3) A notice of transfer is approved once received by the Secretary of State.

(1) A certificate of franchise authority is transferrable.

(2) To transfer a certificate of franchise authority, the successor shall: (A) File an application containing the information required in subsection (c) of this section; and (B) Acknowledge with the Secretary of State that the successor shall provide notice to the political subdivision with jurisdiction concerning the public rights-of-way to be used to undertake operation and maintenance of video facilities under an approved certificate of franchise authority.

(A) File an application containing the information required in subsection (c) of this section; and

(B) Acknowledge with the Secretary of State that the successor shall provide notice to the political subdivision with jurisdiction concerning the public rights-of-way to be used to undertake operation and maintenance of video facilities under an approved certificate of franchise authority.

(3) A notice of transfer is approved once received by the Secretary of State.

(g) The holder of a certificate of franchise authority may terminate the certificate of franchise authority by submitting a written notice to the Secretary of State and an affected political subdivision.

(h) A certificate of franchise authority is: (1) Nonexclusive; (2) Valid for an initial term of ten (10) years, subject to changes in federal law; and (3) Renewable for additional ten-year periods for video service providers in compliance with the requirements of subsection (c) of this section.

(1) Nonexclusive;

(2) Valid for an initial term of ten (10) years, subject to changes in federal law; and

(3) Renewable for additional ten-year periods for video service providers in compliance with the requirements of subsection (c) of this section.

(i) To the extent required for the purposes of 47 U.S.C. §§ 521 - 561 , as it existed on January 1, 2013, the state shall constitute the franchising authority for video service providers in the state.

(j) The duties of the Secretary of State under this subchapter are ministerial. The Secretary of State shall not condition or limit a certificate of franchise authority by imposing on the holder of a certificate of franchise authority any obligations or requirements that are not authorized by this subchapter.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-61-204 — AR Code / Title 23 / Chapter 61 / Subchapter 2 / Section 23-61-204
Examination - Records and appraisals
Status: in_force

(a) (1) Every company or person from whom information is sought, its officers, directors, and agents, must provide to the examiners appointed under § 23-61-203 timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person must facilitate such an examination and aid in such an examination so far as it is in their power to do so. (2) The refusal of any company, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension, revocation, or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the Insurance Commissioner's jurisdiction. Any such proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to § 23-63-213 . (b) If the commissioner finds the accounts to be inadequate or inadequately kept or posted, he or she may employ experts to rewrite, post, or balance them at the expense of the person being examined if the person has failed to complete or correct the accounting after the commissioner has given the person notice and a reasonable opportunity to do so. (c) (1) If the commissioner deems it necessary to value any property involved in an examination, he or she may make written request of the person being examined to appoint one (1) or more competent appraisers, approved by the commissioner, for the purpose of appraising the property. (2) If no appointment is made within ten (10) days after this request was delivered to the person, then the commissioner may appoint the appraiser or appraisers. (3) Any such appraisal shall be promptly made, and a copy of the report shall be furnished to the commissioner. (4) The reasonable expense of the appraisal shall be borne by the person being examined. (d) Nothing contained in this subchapter shall be construed to limit the commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima facie evidence in any legal or regulatory action. (e) Nothing contained in this subchapter shall be construed to limit the commissioner's authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the commissioner may, in his or her sole discretion, deem appropriate. Acts 1959, No. 148, § 33; A.S.A. 1947, § 66-2118; Acts 1991, No. 723, § 5.

(a) (1) Every company or person from whom information is sought, its officers, directors, and agents, must provide to the examiners appointed under § 23-61-203 timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person must facilitate such an examination and aid in such an examination so far as it is in their power to do so. (2) The refusal of any company, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension, revocation, or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the Insurance Commissioner's jurisdiction. Any such proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to § 23-63-213 .

(1) Every company or person from whom information is sought, its officers, directors, and agents, must provide to the examiners appointed under § 23-61-203 timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, documents, and any or all computer or other recordings relating to the property, assets, business, and affairs of the company being examined. The officers, directors, employees, and agents of the company or person must facilitate such an examination and aid in such an examination so far as it is in their power to do so.

(2) The refusal of any company, by its officers, directors, employees, or agents, to submit to examination or to comply with any reasonable written request of the examiners shall be grounds for suspension, revocation, or refusal of, or nonrenewal of, any license or authority held by the company to engage in an insurance or other business subject to the Insurance Commissioner's jurisdiction. Any such proceedings for suspension, revocation, or refusal of any license or authority shall be conducted pursuant to § 23-63-213 .

(b) If the commissioner finds the accounts to be inadequate or inadequately kept or posted, he or she may employ experts to rewrite, post, or balance them at the expense of the person being examined if the person has failed to complete or correct the accounting after the commissioner has given the person notice and a reasonable opportunity to do so.

(c) (1) If the commissioner deems it necessary to value any property involved in an examination, he or she may make written request of the person being examined to appoint one (1) or more competent appraisers, approved by the commissioner, for the purpose of appraising the property. (2) If no appointment is made within ten (10) days after this request was delivered to the person, then the commissioner may appoint the appraiser or appraisers. (3) Any such appraisal shall be promptly made, and a copy of the report shall be furnished to the commissioner. (4) The reasonable expense of the appraisal shall be borne by the person being examined.

(1) If the commissioner deems it necessary to value any property involved in an examination, he or she may make written request of the person being examined to appoint one (1) or more competent appraisers, approved by the commissioner, for the purpose of appraising the property.

(2) If no appointment is made within ten (10) days after this request was delivered to the person, then the commissioner may appoint the appraiser or appraisers.

(3) Any such appraisal shall be promptly made, and a copy of the report shall be furnished to the commissioner.

(4) The reasonable expense of the appraisal shall be borne by the person being examined.

(d) Nothing contained in this subchapter shall be construed to limit the commissioner's authority to terminate or suspend any examination in order to pursue other legal or regulatory action pursuant to the insurance laws of this state. Findings of fact and conclusions made pursuant to any examination shall be prima facie evidence in any legal or regulatory action.

(e) Nothing contained in this subchapter shall be construed to limit the commissioner's authority to use and, if appropriate, to make public any final or preliminary examination report, any examiner or company work papers or other documents, or any other information discovered or developed during the course of any examination in the furtherance of any legal or regulatory action which the commissioner may, in his or her sole discretion, deem appropriate.

Acts 1959, No. 148, § 33; A.S.A. 1947, § 66-2118; Acts 1991, No. 723, § 5.
Ark. Code Ann. § 23-13-101 — AR Code / Title 23 / Chapter 13 / Subchapter 1 / Section 23-13-101
Use of motor carrier safety improvement - Worker status unchanged - Definitions
Status: in_force

(a) As used in this section: (1) "Motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate: (A) Compliance with traffic safety or motor carrier safety laws; (B) Motor vehicle safety; (C) The safety of an operator of a motor vehicle; or (D) The safety of a third-party public roadway user; and (2) "Worker status" means the classification under any state law of a motor vehicle driver who engages in the transportation of property for compensation as an agent, employee, jointly employed employee, borrowed servant, or independent contractor for a motor carrier. (b) The deployment, implementation, or use of a motor carrier safety improvement by, or as required by, a motor carrier or its related entity, including by contract, does not, in whole or in part, affect, impact, or change the worker status of a driver. Added by Act 2019, No. 782,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate: (A) Compliance with traffic safety or motor carrier safety laws; (B) Motor vehicle safety; (C) The safety of an operator of a motor vehicle; or (D) The safety of a third-party public roadway user; and (2) "Worker status" means the classification under any state law of a motor vehicle driver who engages in the transportation of property for compensation as an agent, employee, jointly employed employee, borrowed servant, or independent contractor for a motor carrier.

(1) "Motor carrier safety improvement" means any device, equipment, software, technology, procedure, training, policy, program, or operational practice intended and primarily used to improve or facilitate: (A) Compliance with traffic safety or motor carrier safety laws; (B) Motor vehicle safety; (C) The safety of an operator of a motor vehicle; or (D) The safety of a third-party public roadway user; and

(A) Compliance with traffic safety or motor carrier safety laws;

(B) Motor vehicle safety;

(C) The safety of an operator of a motor vehicle; or

(D) The safety of a third-party public roadway user; and

(2) "Worker status" means the classification under any state law of a motor vehicle driver who engages in the transportation of property for compensation as an agent, employee, jointly employed employee, borrowed servant, or independent contractor for a motor carrier.

(b) The deployment, implementation, or use of a motor carrier safety improvement by, or as required by, a motor carrier or its related entity, including by contract, does not, in whole or in part, affect, impact, or change the worker status of a driver.

Added by Act 2019, No. 782,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-99-1127 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1127
Applicability
Status: in_force

(a) (1) An organization or entity directly or indirectly providing a plan or services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the program, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025. (2) The Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program is exempt from §§ 23-99-1120 - 23-99-1126 , provided that the Arkansas Health and Opportunity for Me Program, without limiting the Arkansas Health and Opportunity for Me Program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025. (3) A qualified health plan that is a health benefit plan under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the qualified health plan, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025. (b) (1) The programs under subsection (a) of this section to reduce or eliminate prior authorization shall be: (A) Submitted to the State Insurance Department; and (B) Subject to approval by the Legislative Council. (2) If a program is not submitted to the department and approved by the Legislative Council on or before January 1, 2025, the Medicaid-managed care program operating in this state, the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program, and qualified health plans under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state shall be subject to §§ 23-99-1120 - 23-99-1126 and § 23-99-1128 as of January 1, 2025. (c) Any state or local governmental employee plan is exempt from §§ 23-99-1120 - 23-99-1126 and § 23-99-1128 . (d) A health benefit plan provided by a trust established under §§ 14-54-101 and 25-20-104 to provide benefits, including accident and health benefits, death benefits, dental benefits, and disability income benefits, is exempt from §§ 23-99-1120 - 23-99-1126 . (e) (1) Prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services are exempt as a healthcare service for purposes of §§ 23-99-1120 - 23-99-1126 until December 31, 2024. (2) (A) As of January 1, 2025, the provisions of §§ 23-99-1120 - 23-99-1126 shall apply to prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services that have not been approved for continuation of prior authorization under § 23-99-1128 . (B) For the products in subdivision (e)(2)(A) of this section that have not been approved for continuation of prior authorization, for purposes of § 23-99-1120 , then: (i) Provisions regarding time periods specified during calendar year 2022 shall instead apply to the same months during calendar year 2023; and (ii) Provisions regarding time periods specified during calendar year 2024 shall instead apply to the same months during calendar year 2025. Added by Act 2023, No. 575,§ 5, eff. 8/1/2023.

(a) (1) An organization or entity directly or indirectly providing a plan or services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the program, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025. (2) The Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program is exempt from §§ 23-99-1120 - 23-99-1126 , provided that the Arkansas Health and Opportunity for Me Program, without limiting the Arkansas Health and Opportunity for Me Program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025. (3) A qualified health plan that is a health benefit plan under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the qualified health plan, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025.

(1) An organization or entity directly or indirectly providing a plan or services to patients under the Medicaid Provider-Led Organized Care Act, § 20-77-2701 et seq., or any other Medicaid-managed care program operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the program, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025.

(2) The Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program is exempt from §§ 23-99-1120 - 23-99-1126 , provided that the Arkansas Health and Opportunity for Me Program, without limiting the Arkansas Health and Opportunity for Me Program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025.

(3) A qualified health plan that is a health benefit plan under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state is exempt from §§ 23-99-1120 - 23-99-1126 if the qualified health plan, without limiting the program's application to any other plan or program, develops a program to reduce or eliminate prior authorizations for a healthcare provider on or before January 1, 2025.

(b) (1) The programs under subsection (a) of this section to reduce or eliminate prior authorization shall be: (A) Submitted to the State Insurance Department; and (B) Subject to approval by the Legislative Council. (2) If a program is not submitted to the department and approved by the Legislative Council on or before January 1, 2025, the Medicaid-managed care program operating in this state, the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program, and qualified health plans under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state shall be subject to §§ 23-99-1120 - 23-99-1126 and § 23-99-1128 as of January 1, 2025.

(1) The programs under subsection (a) of this section to reduce or eliminate prior authorization shall be: (A) Submitted to the State Insurance Department; and (B) Subject to approval by the Legislative Council.

(A) Submitted to the State Insurance Department; and

(B) Subject to approval by the Legislative Council.

(2) If a program is not submitted to the department and approved by the Legislative Council on or before January 1, 2025, the Medicaid-managed care program operating in this state, the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., or its successor program, and qualified health plans under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and purchased on the Arkansas Health Insurance Marketplace created under the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., for an individual up to four hundred percent (400%) of the federal poverty level, operating in this state shall be subject to §§ 23-99-1120 - 23-99-1126 and § 23-99-1128 as of January 1, 2025.

(c) Any state or local governmental employee plan is exempt from §§ 23-99-1120 - 23-99-1126 and § 23-99-1128 .

(d) A health benefit plan provided by a trust established under §§ 14-54-101 and 25-20-104 to provide benefits, including accident and health benefits, death benefits, dental benefits, and disability income benefits, is exempt from §§ 23-99-1120 - 23-99-1126 .

(e) (1) Prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services are exempt as a healthcare service for purposes of §§ 23-99-1120 - 23-99-1126 until December 31, 2024. (2) (A) As of January 1, 2025, the provisions of §§ 23-99-1120 - 23-99-1126 shall apply to prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services that have not been approved for continuation of prior authorization under § 23-99-1128 . (B) For the products in subdivision (e)(2)(A) of this section that have not been approved for continuation of prior authorization, for purposes of § 23-99-1120 , then: (i) Provisions regarding time periods specified during calendar year 2022 shall instead apply to the same months during calendar year 2023; and (ii) Provisions regarding time periods specified during calendar year 2024 shall instead apply to the same months during calendar year 2025.

(1) Prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services are exempt as a healthcare service for purposes of §§ 23-99-1120 - 23-99-1126 until December 31, 2024.

(2) (A) As of January 1, 2025, the provisions of §§ 23-99-1120 - 23-99-1126 shall apply to prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services that have not been approved for continuation of prior authorization under § 23-99-1128 . (B) For the products in subdivision (e)(2)(A) of this section that have not been approved for continuation of prior authorization, for purposes of § 23-99-1120 , then: (i) Provisions regarding time periods specified during calendar year 2022 shall instead apply to the same months during calendar year 2023; and (ii) Provisions regarding time periods specified during calendar year 2024 shall instead apply to the same months during calendar year 2025.

(A) As of January 1, 2025, the provisions of §§ 23-99-1120 - 23-99-1126 shall apply to prescription drugs, medicines, biological products, pharmaceuticals, or pharmaceutical services that have not been approved for continuation of prior authorization under § 23-99-1128 .

(B) For the products in subdivision (e)(2)(A) of this section that have not been approved for continuation of prior authorization, for purposes of § 23-99-1120 , then: (i) Provisions regarding time periods specified during calendar year 2022 shall instead apply to the same months during calendar year 2023; and (ii) Provisions regarding time periods specified during calendar year 2024 shall instead apply to the same months during calendar year 2025.

(i) Provisions regarding time periods specified during calendar year 2022 shall instead apply to the same months during calendar year 2023; and

(ii) Provisions regarding time periods specified during calendar year 2024 shall instead apply to the same months during calendar year 2025.

Added by Act 2023, No. 575,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 23-112-1001 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Recreational Vehicle Franchise Act". Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

This subchapter shall be known and may be cited as the "Recreational Vehicle Franchise Act".

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-95-106 — AR Code / Title 23 / Chapter 95 / Section 23-95-106
Information for individuals
Status: in_force

Every participating insurer and agent shall provide to any person seeking the insurance available in each plan information about the services prescribed in the plan, including full information on the requirements and procedures for obtaining insurance under the plan. Acts 1987, No. 896, § 7.

Every participating insurer and agent shall provide to any person seeking the insurance available in each plan information about the services prescribed in the plan, including full information on the requirements and procedures for obtaining insurance under the plan.

Acts 1987, No. 896, § 7.
Ark. Code Ann. § 23-87-104 — AR Code / Title 23 / Chapter 87 / Section 23-87-104
Scope
Status: in_force

All life insurance and all disability insurance sold in connection with loans or other credit transactions shall be subject to the provisions of this chapter, except insurance sold in connection with a loan or other credit transaction of more than ten (10) years' duration. Acts 1959, No. 148, § 429; 1973, No. 66, § 8; A.S.A. 1947, § 66-3803.

All life insurance and all disability insurance sold in connection with loans or other credit transactions shall be subject to the provisions of this chapter, except insurance sold in connection with a loan or other credit transaction of more than ten (10) years' duration.

Acts 1959, No. 148, § 429; 1973, No. 66, § 8; A.S.A. 1947, § 66-3803.
Ark. Code Ann. § 23-92-704 — AR Code / Title 23 / Chapter 92 / Subchapter 7 / Section 23-92-704
Implementation of subchapter - Requirements
Status: in_force

(a) An enrollee's defined cost sharing for a prescription drug shall be calculated at the point-of-sale based on a price that is reduced by an amount equal to at least one hundred percent (100%) of all rebates received, or to be received, in connection with the dispensing or administration of the prescription drug. (b) This subchapter shall not preclude a pharmacy benefits manager from decreasing an enrollee's defined cost sharing by an amount greater than that required under subsection (a) of this section. (c) (1) A pharmacy benefits manager shall submit a certification to the Insurance Commissioner by January 1 of each calendar year certifying that the pharmacy benefits manager has complied with the requirements of this section during the previous calendar year. (2) The certification under subdivision (c)(1) of this section shall be signed by the chief executive officer or chief financial officer of the pharmacy benefits manager. (3) The form of the certification shall: (A) Be in a format approved or established by the commissioner; and (B) Include the pharmacy benefits manager's best estimate of the aggregate amount of rebates used to reduce enrollee-defined cost sharing for prescription drugs in the previous calendar year based on information known to the pharmacy benefits manager as of the date of the certification. (d) (1) In complying with this section, a pharmacy benefits manager or its agents shall not publish or otherwise reveal information regarding the actual amount of rebates a pharmacy benefits manager receives on a product or therapeutic class of products, manufacturer, or pharmacy-specific basis. (2) The information described in subdivision (d)(1) of this section is: (A) Protected as a trade secret; (B) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207 ; (C) Not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) Not to be disclosed: (i) Directly or indirectly; or (ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information. (3) A pharmacy benefits manager shall impose the confidentiality protections of this section on any vendor or downstream third party that performs healthcare services or administrative services on behalf of the pharmacy benefits manager that may receive or have access to rebate information. Added by Act 2023, No. 333,§ 2, eff. 8/1/2023.

(a) An enrollee's defined cost sharing for a prescription drug shall be calculated at the point-of-sale based on a price that is reduced by an amount equal to at least one hundred percent (100%) of all rebates received, or to be received, in connection with the dispensing or administration of the prescription drug.

(b) This subchapter shall not preclude a pharmacy benefits manager from decreasing an enrollee's defined cost sharing by an amount greater than that required under subsection (a) of this section.

(c) (1) A pharmacy benefits manager shall submit a certification to the Insurance Commissioner by January 1 of each calendar year certifying that the pharmacy benefits manager has complied with the requirements of this section during the previous calendar year. (2) The certification under subdivision (c)(1) of this section shall be signed by the chief executive officer or chief financial officer of the pharmacy benefits manager. (3) The form of the certification shall: (A) Be in a format approved or established by the commissioner; and (B) Include the pharmacy benefits manager's best estimate of the aggregate amount of rebates used to reduce enrollee-defined cost sharing for prescription drugs in the previous calendar year based on information known to the pharmacy benefits manager as of the date of the certification.

(1) A pharmacy benefits manager shall submit a certification to the Insurance Commissioner by January 1 of each calendar year certifying that the pharmacy benefits manager has complied with the requirements of this section during the previous calendar year.

(2) The certification under subdivision (c)(1) of this section shall be signed by the chief executive officer or chief financial officer of the pharmacy benefits manager.

(3) The form of the certification shall: (A) Be in a format approved or established by the commissioner; and (B) Include the pharmacy benefits manager's best estimate of the aggregate amount of rebates used to reduce enrollee-defined cost sharing for prescription drugs in the previous calendar year based on information known to the pharmacy benefits manager as of the date of the certification.

(A) Be in a format approved or established by the commissioner; and

(B) Include the pharmacy benefits manager's best estimate of the aggregate amount of rebates used to reduce enrollee-defined cost sharing for prescription drugs in the previous calendar year based on information known to the pharmacy benefits manager as of the date of the certification.

(d) (1) In complying with this section, a pharmacy benefits manager or its agents shall not publish or otherwise reveal information regarding the actual amount of rebates a pharmacy benefits manager receives on a product or therapeutic class of products, manufacturer, or pharmacy-specific basis. (2) The information described in subdivision (d)(1) of this section is: (A) Protected as a trade secret; (B) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207 ; (C) Not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) Not to be disclosed: (i) Directly or indirectly; or (ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information. (3) A pharmacy benefits manager shall impose the confidentiality protections of this section on any vendor or downstream third party that performs healthcare services or administrative services on behalf of the pharmacy benefits manager that may receive or have access to rebate information.

(1) In complying with this section, a pharmacy benefits manager or its agents shall not publish or otherwise reveal information regarding the actual amount of rebates a pharmacy benefits manager receives on a product or therapeutic class of products, manufacturer, or pharmacy-specific basis.

(2) The information described in subdivision (d)(1) of this section is: (A) Protected as a trade secret; (B) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207 ; (C) Not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) Not to be disclosed: (i) Directly or indirectly; or (ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information.

(A) Protected as a trade secret;

(B) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207 ;

(C) Not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and

(D) Not to be disclosed: (i) Directly or indirectly; or (ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information.

(i) Directly or indirectly; or

(ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information.

(a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or

(b) Have the potential to compromise the financial, competitive, or proprietary nature of the information.

(3) A pharmacy benefits manager shall impose the confidentiality protections of this section on any vendor or downstream third party that performs healthcare services or administrative services on behalf of the pharmacy benefits manager that may receive or have access to rebate information.

Added by Act 2023, No. 333,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-18-524 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-524
Rehearing - Judicial review
Status: in_force

(a) Any party aggrieved by any decision issued on an application for a certificate may apply for a rehearing as provided in §§ 23-2-401 and 23-2-421 - 23-2-424 . (b) Any party aggrieved by the final decision of the Arkansas Public Service Commission on rehearing may obtain judicial review thereof in accordance with the provisions of §§ 23-2-401 and 23-2-421 - 23-2-424 . Acts 1973, No. 164, § 11; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.10.

(a) Any party aggrieved by any decision issued on an application for a certificate may apply for a rehearing as provided in §§ 23-2-401 and 23-2-421 - 23-2-424 .

(b) Any party aggrieved by the final decision of the Arkansas Public Service Commission on rehearing may obtain judicial review thereof in accordance with the provisions of §§ 23-2-401 and 23-2-421 - 23-2-424 .

Acts 1973, No. 164, § 11; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.10.
Ark. Code Ann. § 23-111-403 — AR Code / Title 23 / Chapter 111 / Subchapter 4 / Section 23-111-403
Sections 23-111-401, 23-111-402, 23-111-404, 23-111-405, and 23-111-407 - 23-111-409 supplemental
Status: in_force

The provisions of §§ 23-111-401 , 23-111-402 , 23-111-404 , 23-111-405 , and 23-111-407 - 23-111-409 are supplemental to the provisions of §§ 23-111-101 - 23-111-104 , 23-111-201 - 23-111-205 , 23-111-301 - 23-111-308 , 23-111-501 , and 23-111-506 , and 23-111-508 - 23-111-514 , and all other laws regarding dog racing in this state and shall not be construed to repeal or modify any of those laws. Acts 1968 (2nd Ex. Sess.), No. 8, § 8; A.S.A. 1947, § 84-2823.8.

The provisions of §§ 23-111-401 , 23-111-402 , 23-111-404 , 23-111-405 , and 23-111-407 - 23-111-409 are supplemental to the provisions of §§ 23-111-101 - 23-111-104 , 23-111-201 - 23-111-205 , 23-111-301 - 23-111-308 , 23-111-501 , and 23-111-506 , and 23-111-508 - 23-111-514 , and all other laws regarding dog racing in this state and shall not be construed to repeal or modify any of those laws.

Acts 1968 (2nd Ex. Sess.), No. 8, § 8; A.S.A. 1947, § 84-2823.8.
Ark. Code Ann. § 23-79-159 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-159
Notification of drug formulary changes
Status: in_force

(a) (1) A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments shall notify an enrollee presently taking a prescription drug, in writing or electronically at the request of the enrollee, at least sixty (60) days before an increase in the enrollee's financial responsibility as a result of a modification by the health benefit plan to the health benefit plan's drug formulary. (2) Subdivision (a)(1) of this section does not apply to a generic substitution for a prescription drug. (b) This section does not apply to coverage for a drug that is determined by a pharmacy and a therapeutics committee to be subject to new safety warnings. Added by Act 2013, No. 1260,§ 1, eff. 1/1/2014.

(a) (1) A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments shall notify an enrollee presently taking a prescription drug, in writing or electronically at the request of the enrollee, at least sixty (60) days before an increase in the enrollee's financial responsibility as a result of a modification by the health benefit plan to the health benefit plan's drug formulary. (2) Subdivision (a)(1) of this section does not apply to a generic substitution for a prescription drug.

(1) A health benefit plan that provides prescription drug coverage or contracts with a third party for prescription drug services with tiered copayments shall notify an enrollee presently taking a prescription drug, in writing or electronically at the request of the enrollee, at least sixty (60) days before an increase in the enrollee's financial responsibility as a result of a modification by the health benefit plan to the health benefit plan's drug formulary.

(2) Subdivision (a)(1) of this section does not apply to a generic substitution for a prescription drug.

(b) This section does not apply to coverage for a drug that is determined by a pharmacy and a therapeutics committee to be subject to new safety warnings.

Added by Act 2013, No. 1260,§ 1, eff. 1/1/2014.
Ark. Code Ann. § 23-14-120 — AR Code / Title 23 / Chapter 14 / Section 23-14-120
Abandonment or discontinuance of service
Status: in_force

No common carrier by aircraft shall abandon or discontinue any route or part thereof for which a certificate has been issued by the Arkansas Department of Transportation, unless upon the application of the common carrier the department finds after notice and opportunity for hearing the abandonment or discontinuance to be in the public interest. Amended by Act 2017, No. 707,§ 248, eff. 8/1/2017. Acts 1945, No. 252, § 12; A.S.A. 1947, § 74-413.

No common carrier by aircraft shall abandon or discontinue any route or part thereof for which a certificate has been issued by the Arkansas Department of Transportation, unless upon the application of the common carrier the department finds after notice and opportunity for hearing the abandonment or discontinuance to be in the public interest.

Amended by Act 2017, No. 707,§ 248, eff. 8/1/2017.

Acts 1945, No. 252, § 12; A.S.A. 1947, § 74-413.
Ark. Code Ann. § 23-51-122 — AR Code / Title 23 / Chapter 51 / Section 23-51-122
Other real estate
Status: in_force

(a) A state trust company may not acquire real estate except: (1) As permitted by § 23-51-121 or as otherwise provided by this chapter, including rules adopted under this chapter; (2) If necessary to avoid or minimize a loss on a loan or investment previously made in good faith; or (3) With the prior written approval of the Bank Commissioner. (b) To the extent reasonably necessary to avoid or minimize loss on real estate acquired as permitted by subsection (a) of this section, a state trust company may exchange real estate for other real estate or personal property, invest additional funds in or improve real estate acquired under this subsection or subsection (a) of this section, or acquire additional real estate. (c) A state trust company shall dispose of any real estate subject to subdivisions (a)(1) and (2) of this section not later than: (1) The fifth anniversary of the date: (A) It was acquired, except as otherwise provided by rules adopted under this chapter; or (B) It ceases to be used as a state trust company facility; or (2) The third anniversary of the date it ceases to be a state trust company facility as provided by § 23-51-121(c) . (d) The commissioner on application may grant one (1) or more extensions of time for disposing of real estate if the commissioner determines that: (1) The state trust company has made a good faith effort to dispose of the real estate; or (2) Disposal of the real estate would be detrimental to the state trust company. Amended by Act 2019, No. 315,§ 2580, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2579, eff. 7/24/2019. Acts 1997, No. 940, § 22.

(a) A state trust company may not acquire real estate except: (1) As permitted by § 23-51-121 or as otherwise provided by this chapter, including rules adopted under this chapter; (2) If necessary to avoid or minimize a loss on a loan or investment previously made in good faith; or (3) With the prior written approval of the Bank Commissioner.

(1) As permitted by § 23-51-121 or as otherwise provided by this chapter, including rules adopted under this chapter;

(2) If necessary to avoid or minimize a loss on a loan or investment previously made in good faith; or

(3) With the prior written approval of the Bank Commissioner.

(b) To the extent reasonably necessary to avoid or minimize loss on real estate acquired as permitted by subsection (a) of this section, a state trust company may exchange real estate for other real estate or personal property, invest additional funds in or improve real estate acquired under this subsection or subsection (a) of this section, or acquire additional real estate.

(c) A state trust company shall dispose of any real estate subject to subdivisions (a)(1) and (2) of this section not later than: (1) The fifth anniversary of the date: (A) It was acquired, except as otherwise provided by rules adopted under this chapter; or (B) It ceases to be used as a state trust company facility; or (2) The third anniversary of the date it ceases to be a state trust company facility as provided by § 23-51-121(c) .

(1) The fifth anniversary of the date: (A) It was acquired, except as otherwise provided by rules adopted under this chapter; or (B) It ceases to be used as a state trust company facility; or

(A) It was acquired, except as otherwise provided by rules adopted under this chapter; or

(B) It ceases to be used as a state trust company facility; or

(2) The third anniversary of the date it ceases to be a state trust company facility as provided by § 23-51-121(c) .

(d) The commissioner on application may grant one (1) or more extensions of time for disposing of real estate if the commissioner determines that: (1) The state trust company has made a good faith effort to dispose of the real estate; or (2) Disposal of the real estate would be detrimental to the state trust company.

(1) The state trust company has made a good faith effort to dispose of the real estate; or

(2) Disposal of the real estate would be detrimental to the state trust company.

Amended by Act 2019, No. 315,§ 2580, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2579, eff. 7/24/2019.

Acts 1997, No. 940, § 22.
Ark. Code Ann. § 23-37-806 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-806
Savings and loan holding company acquisitions not requiring prior approval
Status: in_force

(a) Without any prior approval of the Savings and Loan Association Board [abolished], a southern region savings and loan holding company having an Arkansas association subsidiary may acquire: (1) A southern region savings and loan holding company that does not have an Arkansas association subsidiary; (2) A southern region association that does not have any branch offices in Arkansas; or (3) To the extent authorized in § 23-37-811(a) , an association or savings and loan holding company having association offices which are located outside the southern region. (b) The southern region savings and loan holding company shall notify the board at least thirty (30) days prior to the consummation of the proposed transaction. The notification requirements of this section are satisfied by furnishing the board with a copy of the completed application seeking approval for the proposed transaction which is filed with the federal savings and loan regulatory authority. Acts 1987, No. 45, § 5.

(a) Without any prior approval of the Savings and Loan Association Board [abolished], a southern region savings and loan holding company having an Arkansas association subsidiary may acquire: (1) A southern region savings and loan holding company that does not have an Arkansas association subsidiary; (2) A southern region association that does not have any branch offices in Arkansas; or (3) To the extent authorized in § 23-37-811(a) , an association or savings and loan holding company having association offices which are located outside the southern region.

(1) A southern region savings and loan holding company that does not have an Arkansas association subsidiary;

(2) A southern region association that does not have any branch offices in Arkansas; or

(3) To the extent authorized in § 23-37-811(a) , an association or savings and loan holding company having association offices which are located outside the southern region.

(b) The southern region savings and loan holding company shall notify the board at least thirty (30) days prior to the consummation of the proposed transaction. The notification requirements of this section are satisfied by furnishing the board with a copy of the completed application seeking approval for the proposed transaction which is filed with the federal savings and loan regulatory authority.

Acts 1987, No. 45, § 5.