Ark. Code Ann. § 23-73-112 — AR Code / Title 23 / Chapter 73 / Section 23-73-112
Qualifications for certificate of authority
Status: in_force

To qualify for and hold a certificate of authority to insure property or issue policies, the company or association shall: (1) (A) (i) Have at least two hundred fifty (250) members who hold policies or certificates upon at least two hundred fifty (250) separate risks. (ii) An association or company whose membership falls below two hundred fifty (250) members shall notify the Insurance Commissioner immediately and shall have ninety (90) days from that date to bring its membership level back up to the requisite number of two hundred fifty (250) members. (iii) If an association or company fails to restore the membership level to two hundred fifty (250) members within the prescribed ninety-day period, the commissioner may: (a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or (b) Place the association or company into involuntary dissolution as contained in § 23-73-120 . (B) (i) If immediate initial compliance with subdivision (1)(A) of this section would cause a domestic association or company to be ineligible for a continued certificate of authority to operate in this state on April 11, 2005, the commissioner may allow that domestic association or company to augment its membership in increments in order for it to achieve compliance with the minimum requirements by no later than December 31, 2006. (ii) For good cause shown in writing by an association or company, including planned action steps to achieve the minimum membership, the commissioner may grant one (1) or more extensions of the deadline set for compliance in subdivision (1)(B)(i) of this section for a period or periods not to exceed one (1) year; (2) (A) Maintain contracts or treaties of reinsurance as necessary based on its risk and surplus level with insurance companies, excluding surplus lines insurers, licensed or otherwise registered to conduct that business in the State of Arkansas. (B) Indemnity reinsurance contracts or treaties shall be structured to provide protection to the company or association against a reduction of the surplus to an extent that the reduction: (i) Endangers the solvency of the company or association; or (ii) Hinders the company's or association's ability to pay claims made by policyholders; and (3) Fully comply with and qualify according to the other provisions of this chapter. Acts 1959, No. 148, § 589; A.S.A. 1947, § 66-4611; Acts 1997, No. 774, § 1; 2005, No. 2004, § 2; 2007, No. 76, § 2.

To qualify for and hold a certificate of authority to insure property or issue policies, the company or association shall:

(1) (A) (i) Have at least two hundred fifty (250) members who hold policies or certificates upon at least two hundred fifty (250) separate risks. (ii) An association or company whose membership falls below two hundred fifty (250) members shall notify the Insurance Commissioner immediately and shall have ninety (90) days from that date to bring its membership level back up to the requisite number of two hundred fifty (250) members. (iii) If an association or company fails to restore the membership level to two hundred fifty (250) members within the prescribed ninety-day period, the commissioner may: (a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or (b) Place the association or company into involuntary dissolution as contained in § 23-73-120 . (B) (i) If immediate initial compliance with subdivision (1)(A) of this section would cause a domestic association or company to be ineligible for a continued certificate of authority to operate in this state on April 11, 2005, the commissioner may allow that domestic association or company to augment its membership in increments in order for it to achieve compliance with the minimum requirements by no later than December 31, 2006. (ii) For good cause shown in writing by an association or company, including planned action steps to achieve the minimum membership, the commissioner may grant one (1) or more extensions of the deadline set for compliance in subdivision (1)(B)(i) of this section for a period or periods not to exceed one (1) year;

(A) (i) Have at least two hundred fifty (250) members who hold policies or certificates upon at least two hundred fifty (250) separate risks. (ii) An association or company whose membership falls below two hundred fifty (250) members shall notify the Insurance Commissioner immediately and shall have ninety (90) days from that date to bring its membership level back up to the requisite number of two hundred fifty (250) members. (iii) If an association or company fails to restore the membership level to two hundred fifty (250) members within the prescribed ninety-day period, the commissioner may: (a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or (b) Place the association or company into involuntary dissolution as contained in § 23-73-120 .

(i) Have at least two hundred fifty (250) members who hold policies or certificates upon at least two hundred fifty (250) separate risks.

(ii) An association or company whose membership falls below two hundred fifty (250) members shall notify the Insurance Commissioner immediately and shall have ninety (90) days from that date to bring its membership level back up to the requisite number of two hundred fifty (250) members.

(iii) If an association or company fails to restore the membership level to two hundred fifty (250) members within the prescribed ninety-day period, the commissioner may: (a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or (b) Place the association or company into involuntary dissolution as contained in § 23-73-120 .

(a) Direct the association or company to follow a course of action that will protect the assets of the association and allow for continued protection of the members; or

(b) Place the association or company into involuntary dissolution as contained in § 23-73-120 .

(B) (i) If immediate initial compliance with subdivision (1)(A) of this section would cause a domestic association or company to be ineligible for a continued certificate of authority to operate in this state on April 11, 2005, the commissioner may allow that domestic association or company to augment its membership in increments in order for it to achieve compliance with the minimum requirements by no later than December 31, 2006. (ii) For good cause shown in writing by an association or company, including planned action steps to achieve the minimum membership, the commissioner may grant one (1) or more extensions of the deadline set for compliance in subdivision (1)(B)(i) of this section for a period or periods not to exceed one (1) year;

(i) If immediate initial compliance with subdivision (1)(A) of this section would cause a domestic association or company to be ineligible for a continued certificate of authority to operate in this state on April 11, 2005, the commissioner may allow that domestic association or company to augment its membership in increments in order for it to achieve compliance with the minimum requirements by no later than December 31, 2006.

(ii) For good cause shown in writing by an association or company, including planned action steps to achieve the minimum membership, the commissioner may grant one (1) or more extensions of the deadline set for compliance in subdivision (1)(B)(i) of this section for a period or periods not to exceed one (1) year;

(2) (A) Maintain contracts or treaties of reinsurance as necessary based on its risk and surplus level with insurance companies, excluding surplus lines insurers, licensed or otherwise registered to conduct that business in the State of Arkansas. (B) Indemnity reinsurance contracts or treaties shall be structured to provide protection to the company or association against a reduction of the surplus to an extent that the reduction: (i) Endangers the solvency of the company or association; or (ii) Hinders the company's or association's ability to pay claims made by policyholders; and

(A) Maintain contracts or treaties of reinsurance as necessary based on its risk and surplus level with insurance companies, excluding surplus lines insurers, licensed or otherwise registered to conduct that business in the State of Arkansas.

(B) Indemnity reinsurance contracts or treaties shall be structured to provide protection to the company or association against a reduction of the surplus to an extent that the reduction: (i) Endangers the solvency of the company or association; or (ii) Hinders the company's or association's ability to pay claims made by policyholders; and

(i) Endangers the solvency of the company or association; or

(ii) Hinders the company's or association's ability to pay claims made by policyholders; and

(3) Fully comply with and qualify according to the other provisions of this chapter.

Acts 1959, No. 148, § 589; A.S.A. 1947, § 66-4611; Acts 1997, No. 774, § 1; 2005, No. 2004, § 2; 2007, No. 76, § 2.
Ark. Code Ann. § 23-37-807 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-807
Applications to the board for approval
Status: in_force

(a) Whenever an application is filed as required under § 23-37-806 , or if approval of the Savings and Loan Association Board [abolished] pursuant to this section is required under § 23-37-810 , the board shall approve the transaction if it is otherwise approved as required by applicable laws, and if, in addition: (1) The laws of the state in which the southern region association or southern region savings and loan holding company, as applicable, filing the application has its principal place of business permit Arkansas associations and Arkansas savings and loan holding companies, as applicable, to acquire associations and savings and loan holding companies in that state; (2) Under the laws of the state where it has its principal place of business, the southern region association or southern region savings and loan holding company filing the application could be acquired by the Arkansas association or Arkansas savings and loan holding company, as applicable; and (3) Each Arkansas association sought to be acquired directly or indirectly in the proposed transaction has been in existence and continuously operated as an association for a period of five (5) years or more prior to the date the application for approval of the transaction was filed with the board. This requirement does not prohibit a southern region association or southern region savings and loan holding company from acquiring all or substantially all of the ownership of an Arkansas association organized solely for the purpose of facilitating the acquisition of an Arkansas association in existence and continuously operated as an association for the requisite five-year period. (b) The board shall rule on any application requiring approval under this section not later than ninety (90) days following the date of acceptance of a completed application seeking approval of the proposed transaction. If the board fails to rule on the application within the requisite ninety-day period, the proposed transaction is approved. (c) The applicant is entitled to notice and a hearing contesting the denial by the board of any application. Acts 1987, No. 45, § 6.

(a) Whenever an application is filed as required under § 23-37-806 , or if approval of the Savings and Loan Association Board [abolished] pursuant to this section is required under § 23-37-810 , the board shall approve the transaction if it is otherwise approved as required by applicable laws, and if, in addition: (1) The laws of the state in which the southern region association or southern region savings and loan holding company, as applicable, filing the application has its principal place of business permit Arkansas associations and Arkansas savings and loan holding companies, as applicable, to acquire associations and savings and loan holding companies in that state; (2) Under the laws of the state where it has its principal place of business, the southern region association or southern region savings and loan holding company filing the application could be acquired by the Arkansas association or Arkansas savings and loan holding company, as applicable; and (3) Each Arkansas association sought to be acquired directly or indirectly in the proposed transaction has been in existence and continuously operated as an association for a period of five (5) years or more prior to the date the application for approval of the transaction was filed with the board. This requirement does not prohibit a southern region association or southern region savings and loan holding company from acquiring all or substantially all of the ownership of an Arkansas association organized solely for the purpose of facilitating the acquisition of an Arkansas association in existence and continuously operated as an association for the requisite five-year period.

(1) The laws of the state in which the southern region association or southern region savings and loan holding company, as applicable, filing the application has its principal place of business permit Arkansas associations and Arkansas savings and loan holding companies, as applicable, to acquire associations and savings and loan holding companies in that state;

(2) Under the laws of the state where it has its principal place of business, the southern region association or southern region savings and loan holding company filing the application could be acquired by the Arkansas association or Arkansas savings and loan holding company, as applicable; and

(3) Each Arkansas association sought to be acquired directly or indirectly in the proposed transaction has been in existence and continuously operated as an association for a period of five (5) years or more prior to the date the application for approval of the transaction was filed with the board. This requirement does not prohibit a southern region association or southern region savings and loan holding company from acquiring all or substantially all of the ownership of an Arkansas association organized solely for the purpose of facilitating the acquisition of an Arkansas association in existence and continuously operated as an association for the requisite five-year period.

(b) The board shall rule on any application requiring approval under this section not later than ninety (90) days following the date of acceptance of a completed application seeking approval of the proposed transaction. If the board fails to rule on the application within the requisite ninety-day period, the proposed transaction is approved.

(c) The applicant is entitled to notice and a hearing contesting the denial by the board of any application.

Acts 1987, No. 45, § 6.
Ark. Code Ann. § 23-92-502 — AR Code / Title 23 / Chapter 92 / Subchapter 5 / Section 23-92-502
Purpose
Status: in_force

(a) This subchapter establishes the standards and criteria for the regulation and licensure of pharmacy benefits managers providing claims processing services or other prescription drug or device services for health benefit plans. (b) The purpose of this subchapter is to: (1) Promote, preserve, and protect the public health, safety, and welfare through effective regulation and licensure of pharmacy benefits managers; (2) Provide for powers and duties of the Insurance Commissioner, the State Insurance Department, and other state agencies and officers; and (3) Prescribe penalties and fines for violations of this subchapter. Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018. Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.

(a) This subchapter establishes the standards and criteria for the regulation and licensure of pharmacy benefits managers providing claims processing services or other prescription drug or device services for health benefit plans.

(b) The purpose of this subchapter is to: (1) Promote, preserve, and protect the public health, safety, and welfare through effective regulation and licensure of pharmacy benefits managers; (2) Provide for powers and duties of the Insurance Commissioner, the State Insurance Department, and other state agencies and officers; and (3) Prescribe penalties and fines for violations of this subchapter.

(1) Promote, preserve, and protect the public health, safety, and welfare through effective regulation and licensure of pharmacy benefits managers;

(2) Provide for powers and duties of the Insurance Commissioner, the State Insurance Department, and other state agencies and officers; and

(3) Prescribe penalties and fines for violations of this subchapter.

Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018.

Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.
Ark. Code Ann. § 23-16-501 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-501
Title
Status: in_force

This subchapter shall be known as and may be cited as the "Safe Transportation of Railroad Employees by Contract Carriers Act". Acts 2009, No. 243, § 1.

This subchapter shall be known as and may be cited as the "Safe Transportation of Railroad Employees by Contract Carriers Act".

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-62-309 — AR Code / Title 23 / Chapter 62 / Subchapter 3 / Section 23-62-309
Applicability - Reinsurance agreements
Status: in_force

This subchapter applies to a cession of a reinsurance agreement if that reinsurance agreement has an inception, anniversary, or renewal date not less than six (6) months after July 1, 2021. Amended by Act 2021, No. 672,§ 4, eff. 7/1/2021. Added by Act 2015, No. 1223,§ 5, eff. 7/22/2015, applicable to cessation under reinsurance agreements issued, renewed, or amended on or after six (6) months after the effective date of this act.

This subchapter applies to a cession of a reinsurance agreement if that reinsurance agreement has an inception, anniversary, or renewal date not less than six (6) months after July 1, 2021.

Amended by Act 2021, No. 672,§ 4, eff. 7/1/2021.

Added by Act 2015, No. 1223,§ 5, eff. 7/22/2015, applicable to cessation under reinsurance agreements issued, renewed, or amended on or after six (6) months after the effective date of this act.
Ark. Code Ann. § 23-99-201 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-201
Short title
Status: in_force

This subchapter may be cited as the "Patient Protection Act of 1995". Acts 1995, No. 505, § 1.

This subchapter may be cited as the "Patient Protection Act of 1995".

Acts 1995, No. 505, § 1.
Ark. Code Ann. § 23-99-1123 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1123
Independent review of exemption determination
Status: in_force

(a) (1) A healthcare provider has a right to a review of an adverse determination regarding a prior authorization exemption within twelve (12) months of receiving proper notice of recission from a healthcare insurer to be conducted by an independent review organization. (2) A healthcare insurer shall not require a healthcare provider to engage in an internal appeal process before requesting a review by an independent review organization under this section. (3) A healthcare provider who has an exemption rescinded due to a failure to provide medical records within sixty (60) days of a record request for a retrospective review shall not be eligible for review of that rescission by an independent review entity. (b) A healthcare insurer shall pay: (1) For any appeal or independent review of an adverse determination regarding a prior authorization exemption requested under this section; and (2) A reasonable fee determined by the Arkansas State Medical Board for any copies of medical records or other documents requested from a healthcare provider during an exemption rescission review requested under this section. (c) An independent review organization shall complete an expedited review of an adverse determination regarding a prior authorization exemption no later than the thirtieth day after the date a healthcare provider files the request for a review under this section. (d) (1) A healthcare provider may request that the independent review organization consider another random sample of no fewer than five (5) and no more than twenty (20) claims submitted to the healthcare insurer by the healthcare provider during the relevant evaluation period for the relevant healthcare service as part of the review under this section. (2) If a healthcare provider makes a request under subdivision (d)(1) of this section, the independent review organization shall base its determination on the medical necessity of claims reviewed: (A) By the healthcare insurer under § 23-99-1122 ; and (B) By the independent review organization under subdivision (d)(1) of this section. (e) The Insurance Commissioner may refuse, suspend, revoke, or not renew a license or certificate of authority of a healthcare insurer that has fifty percent (50%) of healthcare provider appeals overturned in a twelve-month period by an independent review organization under this section. Added by Act 2023, No. 575,§ 5, eff. 8/1/2023.

(a) (1) A healthcare provider has a right to a review of an adverse determination regarding a prior authorization exemption within twelve (12) months of receiving proper notice of recission from a healthcare insurer to be conducted by an independent review organization. (2) A healthcare insurer shall not require a healthcare provider to engage in an internal appeal process before requesting a review by an independent review organization under this section. (3) A healthcare provider who has an exemption rescinded due to a failure to provide medical records within sixty (60) days of a record request for a retrospective review shall not be eligible for review of that rescission by an independent review entity.

(1) A healthcare provider has a right to a review of an adverse determination regarding a prior authorization exemption within twelve (12) months of receiving proper notice of recission from a healthcare insurer to be conducted by an independent review organization.

(2) A healthcare insurer shall not require a healthcare provider to engage in an internal appeal process before requesting a review by an independent review organization under this section.

(3) A healthcare provider who has an exemption rescinded due to a failure to provide medical records within sixty (60) days of a record request for a retrospective review shall not be eligible for review of that rescission by an independent review entity.

(b) A healthcare insurer shall pay: (1) For any appeal or independent review of an adverse determination regarding a prior authorization exemption requested under this section; and (2) A reasonable fee determined by the Arkansas State Medical Board for any copies of medical records or other documents requested from a healthcare provider during an exemption rescission review requested under this section.

(1) For any appeal or independent review of an adverse determination regarding a prior authorization exemption requested under this section; and

(2) A reasonable fee determined by the Arkansas State Medical Board for any copies of medical records or other documents requested from a healthcare provider during an exemption rescission review requested under this section.

(c) An independent review organization shall complete an expedited review of an adverse determination regarding a prior authorization exemption no later than the thirtieth day after the date a healthcare provider files the request for a review under this section.

(d) (1) A healthcare provider may request that the independent review organization consider another random sample of no fewer than five (5) and no more than twenty (20) claims submitted to the healthcare insurer by the healthcare provider during the relevant evaluation period for the relevant healthcare service as part of the review under this section. (2) If a healthcare provider makes a request under subdivision (d)(1) of this section, the independent review organization shall base its determination on the medical necessity of claims reviewed: (A) By the healthcare insurer under § 23-99-1122 ; and (B) By the independent review organization under subdivision (d)(1) of this section.

(1) A healthcare provider may request that the independent review organization consider another random sample of no fewer than five (5) and no more than twenty (20) claims submitted to the healthcare insurer by the healthcare provider during the relevant evaluation period for the relevant healthcare service as part of the review under this section.

(2) If a healthcare provider makes a request under subdivision (d)(1) of this section, the independent review organization shall base its determination on the medical necessity of claims reviewed: (A) By the healthcare insurer under § 23-99-1122 ; and (B) By the independent review organization under subdivision (d)(1) of this section.

(A) By the healthcare insurer under § 23-99-1122 ; and

(B) By the independent review organization under subdivision (d)(1) of this section.

(e) The Insurance Commissioner may refuse, suspend, revoke, or not renew a license or certificate of authority of a healthcare insurer that has fifty percent (50%) of healthcare provider appeals overturned in a twelve-month period by an independent review organization under this section.

Added by Act 2023, No. 575,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 23-79-208 — AR Code / Title 23 / Chapter 79 / Subchapter 2 / Section 23-79-208
Damages and attorney's fees on loss claims
Status: in_force

(a) (1) In all cases in which loss occurs and the cargo, property, marine, casualty, fidelity, surety, cyclone, tornado, life, accident and health, medical, hospital, or surgical benefit insurance company and fraternal benefit society or farmers' mutual aid association or company liable therefor shall fail to pay the losses within the time specified in the policy after demand is made, the person, firm, corporation, or association shall be liable to pay the holder of the policy or his or her assigns, in addition to the amount of the loss, twelve percent (12%) damages upon the amount of the loss, together with all reasonable attorney's fees for the prosecution and collection of the loss. (2) In no event will the holder of the policy or his or her assigns be liable for the attorney's fees incurred by the insurance company, fraternal benefit society, or farmers' mutual aid association in the defense of a case in which the insurer is found not liable for the loss. (b) When attorney's fees are due a policyholder or his or her assigns, they shall be taxed by the court where the same is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected. (c) Writs of attachment or garnishment filed or issued after proof of loss or death has been received by the company shall not defeat the provisions of this section, provided that the company or association desiring to pay the amount of the claim as shown in the proof of loss or death may pay the amount into the registry of the court, after issuance of writs of attachment and garnishment, in which event there shall be no further liability on the part of the company. (d) (1) Recovery of less than the amount demanded by the person entitled to recover under the policy shall not defeat the right to the twelve percent (12%) damages and attorney's fees provided for in this section if the amount recovered for the loss is within twenty percent (20%) of the amount demanded or which is sought in the suit. (2) Notwithstanding the provisions of subdivision (d)(1) of this section, in all cases involving a homeowner's policy, the right to reasonable attorney's fees provided for in this section shall arise if the amount recovered for the loss is within thirty percent (30%) of the amount demanded or which is sought in the suit. (e) (1) Notwithstanding the foregoing provisions of subsections (a)-(d) of this section, this section is not intended to either vitiate or supplant the provisions of the Arkansas Rules of Civil Procedure. Those rules and the relief described therein remain available to any litigant under the circumstances described in this section. (2) Nothing in this section is intended to supersede, supplant, or in any way affect the rights and remedies under applicable law currently available to the insurance company, fraternal benefit society, or farmers' mutual aid association or company against policyholders who file fraudulent claims. Acts 1959, No. 148, § 305; 1965, No. 437, § 1; A.S.A. 1947, § 66-3238; Acts 1991, No. 349, § 1; 1999, No. 135, § 1; 2001, No. 1604, §§ 112, 113; 2007, No. 687, § 1.

(a) (1) In all cases in which loss occurs and the cargo, property, marine, casualty, fidelity, surety, cyclone, tornado, life, accident and health, medical, hospital, or surgical benefit insurance company and fraternal benefit society or farmers' mutual aid association or company liable therefor shall fail to pay the losses within the time specified in the policy after demand is made, the person, firm, corporation, or association shall be liable to pay the holder of the policy or his or her assigns, in addition to the amount of the loss, twelve percent (12%) damages upon the amount of the loss, together with all reasonable attorney's fees for the prosecution and collection of the loss. (2) In no event will the holder of the policy or his or her assigns be liable for the attorney's fees incurred by the insurance company, fraternal benefit society, or farmers' mutual aid association in the defense of a case in which the insurer is found not liable for the loss.

(1) In all cases in which loss occurs and the cargo, property, marine, casualty, fidelity, surety, cyclone, tornado, life, accident and health, medical, hospital, or surgical benefit insurance company and fraternal benefit society or farmers' mutual aid association or company liable therefor shall fail to pay the losses within the time specified in the policy after demand is made, the person, firm, corporation, or association shall be liable to pay the holder of the policy or his or her assigns, in addition to the amount of the loss, twelve percent (12%) damages upon the amount of the loss, together with all reasonable attorney's fees for the prosecution and collection of the loss.

(2) In no event will the holder of the policy or his or her assigns be liable for the attorney's fees incurred by the insurance company, fraternal benefit society, or farmers' mutual aid association in the defense of a case in which the insurer is found not liable for the loss.

(b) When attorney's fees are due a policyholder or his or her assigns, they shall be taxed by the court where the same is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected.

(c) Writs of attachment or garnishment filed or issued after proof of loss or death has been received by the company shall not defeat the provisions of this section, provided that the company or association desiring to pay the amount of the claim as shown in the proof of loss or death may pay the amount into the registry of the court, after issuance of writs of attachment and garnishment, in which event there shall be no further liability on the part of the company.

(d) (1) Recovery of less than the amount demanded by the person entitled to recover under the policy shall not defeat the right to the twelve percent (12%) damages and attorney's fees provided for in this section if the amount recovered for the loss is within twenty percent (20%) of the amount demanded or which is sought in the suit. (2) Notwithstanding the provisions of subdivision (d)(1) of this section, in all cases involving a homeowner's policy, the right to reasonable attorney's fees provided for in this section shall arise if the amount recovered for the loss is within thirty percent (30%) of the amount demanded or which is sought in the suit.

(1) Recovery of less than the amount demanded by the person entitled to recover under the policy shall not defeat the right to the twelve percent (12%) damages and attorney's fees provided for in this section if the amount recovered for the loss is within twenty percent (20%) of the amount demanded or which is sought in the suit.

(2) Notwithstanding the provisions of subdivision (d)(1) of this section, in all cases involving a homeowner's policy, the right to reasonable attorney's fees provided for in this section shall arise if the amount recovered for the loss is within thirty percent (30%) of the amount demanded or which is sought in the suit.

(e) (1) Notwithstanding the foregoing provisions of subsections (a)-(d) of this section, this section is not intended to either vitiate or supplant the provisions of the Arkansas Rules of Civil Procedure. Those rules and the relief described therein remain available to any litigant under the circumstances described in this section. (2) Nothing in this section is intended to supersede, supplant, or in any way affect the rights and remedies under applicable law currently available to the insurance company, fraternal benefit society, or farmers' mutual aid association or company against policyholders who file fraudulent claims.

(1) Notwithstanding the foregoing provisions of subsections (a)-(d) of this section, this section is not intended to either vitiate or supplant the provisions of the Arkansas Rules of Civil Procedure. Those rules and the relief described therein remain available to any litigant under the circumstances described in this section.

(2) Nothing in this section is intended to supersede, supplant, or in any way affect the rights and remedies under applicable law currently available to the insurance company, fraternal benefit society, or farmers' mutual aid association or company against policyholders who file fraudulent claims.

Acts 1959, No. 148, § 305; 1965, No. 437, § 1; A.S.A. 1947, § 66-3238; Acts 1991, No. 349, § 1; 1999, No. 135, § 1; 2001, No. 1604, §§ 112, 113; 2007, No. 687, § 1.
Ark. Code Ann. § 23-110-410 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-410
Disposition of wagering money - Breaks
Status: in_force

(a) (1) Breaks shall be computed on the basis of ten cents (10¢) on the dollar, and the odd cents or breaks are classified as special thoroughbred horse racing fees to be deposited and used as provided in this section. (2) Provided, in the event of a minus pool, the Arkansas Racing Commission shall have the authority to establish the minimum payout on winning wagers. (b) During the first racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection: (1) Forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the city or town in which the racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the county in which the racing meet is conducted; (2) Eleven and seventy-five hundredths percent (11.75%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; and (3) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit. (c) During the second and any subsequent racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection: (1) Twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the city or town in which any racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the county in which the racing meet is conducted; (2) Five and eight hundred seventy-five thousandths percent (5.875%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; (3) Thirty percent (30%) of the breaks shall be paid to the State of Arkansas; and (4) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit. Acts 1957, No. 46, § 23; 1967, No. 130, § 3; 1979, No. 733, § 1; 1983, No. 251, §§ 2, 3; A.S.A. 1947, § 84-2749; Acts 1987, No. 440, § 4; 1999, No. 10, § 2.

(a) (1) Breaks shall be computed on the basis of ten cents (10¢) on the dollar, and the odd cents or breaks are classified as special thoroughbred horse racing fees to be deposited and used as provided in this section. (2) Provided, in the event of a minus pool, the Arkansas Racing Commission shall have the authority to establish the minimum payout on winning wagers.

(1) Breaks shall be computed on the basis of ten cents (10¢) on the dollar, and the odd cents or breaks are classified as special thoroughbred horse racing fees to be deposited and used as provided in this section.

(2) Provided, in the event of a minus pool, the Arkansas Racing Commission shall have the authority to establish the minimum payout on winning wagers.

(b) During the first racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection: (1) Forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the city or town in which the racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the county in which the racing meet is conducted; (2) Eleven and seventy-five hundredths percent (11.75%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; and (3) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.

(1) Forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the city or town in which the racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the county in which the racing meet is conducted;

(2) Eleven and seventy-five hundredths percent (11.75%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; and

(3) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.

(c) During the second and any subsequent racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection: (1) Twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the city or town in which any racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the county in which the racing meet is conducted; (2) Five and eight hundred seventy-five thousandths percent (5.875%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; (3) Thirty percent (30%) of the breaks shall be paid to the State of Arkansas; and (4) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.

(1) Twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the city or town in which any racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the county in which the racing meet is conducted;

(2) Five and eight hundred seventy-five thousandths percent (5.875%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county;

(3) Thirty percent (30%) of the breaks shall be paid to the State of Arkansas; and

(4) The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.

Acts 1957, No. 46, § 23; 1967, No. 130, § 3; 1979, No. 733, § 1; 1983, No. 251, §§ 2, 3; A.S.A. 1947, § 84-2749; Acts 1987, No. 440, § 4; 1999, No. 10, § 2.
Ark. Code Ann. § 23-93-105 — AR Code / Title 23 / Chapter 93 / Subchapter 1 / Section 23-93-105
Rules
Status: in_force

The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules as are reasonably necessary for the enforcement of the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2781, eff. 7/24/2019. Acts 1987, No. 329, § 13.

The Insurance Commissioner shall have the authority to adopt, amend, or repeal such rules as are reasonably necessary for the enforcement of the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2781, eff. 7/24/2019.

Acts 1987, No. 329, § 13.
Ark. Code Ann. § 23-87-103 — AR Code / Title 23 / Chapter 87 / Section 23-87-103
Definitions
Status: in_force

For the purpose of this chapter, unless the context otherwise requires: (1) "Credit disability insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy; (2) "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction for a period of time not to exceed ten (10) years; (3) "Creditor" means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of the lender, vendor, or lessor; (4) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction; and (5) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction. Acts 1959, No. 148, § 430; 1973, No. 66, § 9; A.S.A. 1947, § 66-3804.

For the purpose of this chapter, unless the context otherwise requires:

(1) "Credit disability insurance" means insurance on a debtor to provide indemnity for payments becoming due on a specific loan or other credit transaction while the debtor is disabled as defined in the policy;

(2) "Credit life insurance" means insurance on the life of a debtor pursuant to or in connection with a specific loan or other credit transaction for a period of time not to exceed ten (10) years;

(3) "Creditor" means the lender of money or vendor or lessor of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction, or any successor to the right, title, or interest of the lender, vendor, or lessor;

(4) "Debtor" means a borrower of money or a purchaser or lessee of goods, services, property, rights, or privileges for which payment is arranged through a credit transaction; and

(5) "Indebtedness" means the total amount payable by a debtor to a creditor in connection with a loan or other credit transaction.

Acts 1959, No. 148, § 430; 1973, No. 66, § 9; A.S.A. 1947, § 66-3804.
Ark. Code Ann. § 23-37-314 — AR Code / Title 23 / Chapter 37 / Subchapter 3 / Section 23-37-314
Indemnity bonds of directors, officers, and employees
Status: in_force

(a) Every association shall maintain on file with the Supervisor of Savings and Loan Associations an effective blanket indemnity bond with a corporate surety protecting the association from loss by or through any fraud, dishonesty, forgery or alteration, larceny, theft, embezzlement, robbery, burglary, holdup, wrongful or unlawful abstraction, misappropriation, or any other dishonest or criminal action or omission by any director, officer, or employee of the association. (b) Associations which employ collection agents, who for any reason are not covered by a bond as required in subsection (a) of this section, shall provide for the bonding of each collection agent in an amount equal to at least twice the average monthly collection of the agent. Collection agents shall be required to make settlement with the association at least monthly. No bond coverage will be required of any agent which is a bank insured by the Federal Deposit Insurance Corporation or an institution insured by the Federal Savings and Loan Insurance Corporation [abolished]. (c) The amounts and forms of the bonds and sufficiency of the surety thereupon shall be approved by the supervisor. All of the bonds shall provide that a cancellation thereof either by the surety or the insured shall not become effective unless and until thirty (30) days' notice in writing first shall have been given to the supervisor, unless he or she approves the cancellation earlier. Acts 1963, No. 227, § 33; A.S.A. 1947, § 67-1833.

(a) Every association shall maintain on file with the Supervisor of Savings and Loan Associations an effective blanket indemnity bond with a corporate surety protecting the association from loss by or through any fraud, dishonesty, forgery or alteration, larceny, theft, embezzlement, robbery, burglary, holdup, wrongful or unlawful abstraction, misappropriation, or any other dishonest or criminal action or omission by any director, officer, or employee of the association.

(b) Associations which employ collection agents, who for any reason are not covered by a bond as required in subsection (a) of this section, shall provide for the bonding of each collection agent in an amount equal to at least twice the average monthly collection of the agent. Collection agents shall be required to make settlement with the association at least monthly. No bond coverage will be required of any agent which is a bank insured by the Federal Deposit Insurance Corporation or an institution insured by the Federal Savings and Loan Insurance Corporation [abolished].

(c) The amounts and forms of the bonds and sufficiency of the surety thereupon shall be approved by the supervisor. All of the bonds shall provide that a cancellation thereof either by the surety or the insured shall not become effective unless and until thirty (30) days' notice in writing first shall have been given to the supervisor, unless he or she approves the cancellation earlier.

Acts 1963, No. 227, § 33; A.S.A. 1947, § 67-1833.
Ark. Code Ann. § 23-47-903 — AR Code / Title 23 / Chapter 47 / Subchapter 9 / Section 23-47-903
Lease to a minor
Status: in_force

A bank may lease a safe-deposit box to a minor and in connection therewith, deal with him or her to the same effect as if leasing to and dealing with a person of full legal capacity. Acts 1997, No. 89, § 1.

A bank may lease a safe-deposit box to a minor and in connection therewith, deal with him or her to the same effect as if leasing to and dealing with a person of full legal capacity.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-13-708 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-708
Electronic receipt
Status: in_force

Within a reasonable time after transportation network company services end, a transportation network company shall transmit an electronic receipt to the passenger that lists: (1) The origin and destination of the trip; (2) The total time and distance of the trip; and (3) An itemization of the total fare paid, if any. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

Within a reasonable time after transportation network company services end, a transportation network company shall transmit an electronic receipt to the passenger that lists:

(1) The origin and destination of the trip;

(2) The total time and distance of the trip; and

(3) An itemization of the total fare paid, if any.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-12-308 — AR Code / Title 23 / Chapter 12 / Subchapter 3 / Section 23-12-308
Removal of fences for public convenience - Penalty for noncompliance
Status: in_force

(a) At all public crossings, at all places where the streets abut the railroad right-of-way, and at all other places where the public convenience demands it in all cities and incorporated towns, all railroads in this state shall remove all fences from such places in the cities and towns when the cities and towns shall demand the removal by ordinance. (b) (1) Thirty (30) days' notice shall be given the railroads of the passage of such an ordinance. (2) All railroads thus notified shall remove the fences within sixty (60) days from the date notice is given. (c) All railroads failing or refusing to comply with this section shall be guilty of an offense and shall be fined the sum of twenty-five dollars ($25.00) for every day intervening between the day of the expiration of the sixty (60) days and the removal of the fences. Acts 1893, No. 130, §§ 1, 2, p. 228; C. & M. Dig., §§ 8474-8477; Pope's Dig., §§ 11048-11051; A.S.A. 1947, §§ 73-625, 73-626.

(a) At all public crossings, at all places where the streets abut the railroad right-of-way, and at all other places where the public convenience demands it in all cities and incorporated towns, all railroads in this state shall remove all fences from such places in the cities and towns when the cities and towns shall demand the removal by ordinance.

(b) (1) Thirty (30) days' notice shall be given the railroads of the passage of such an ordinance. (2) All railroads thus notified shall remove the fences within sixty (60) days from the date notice is given.

(1) Thirty (30) days' notice shall be given the railroads of the passage of such an ordinance.

(2) All railroads thus notified shall remove the fences within sixty (60) days from the date notice is given.

(c) All railroads failing or refusing to comply with this section shall be guilty of an offense and shall be fined the sum of twenty-five dollars ($25.00) for every day intervening between the day of the expiration of the sixty (60) days and the removal of the fences.

Acts 1893, No. 130, §§ 1, 2, p. 228; C. & M. Dig., §§ 8474-8477; Pope's Dig., §§ 11048-11051; A.S.A. 1947, §§ 73-625, 73-626.
Ark. Code Ann. § 23-3-603 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-603
Grant of certificate generally
Status: in_force

(a) The Arkansas Public Service Commission shall grant a certificate if it finds that the proposed extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest. (b) Once the certificate has been granted by the commission, including the approval of the amount and allocation of rates and surcharges, the gas utility may begin construction and may expend funds on the extension project that has been granted a certificate. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 3.

(a) The Arkansas Public Service Commission shall grant a certificate if it finds that the proposed extension project is of economic benefit to the gas utility and its existing ratepayers and is in the public interest.

(b) Once the certificate has been granted by the commission, including the approval of the amount and allocation of rates and surcharges, the gas utility may begin construction and may expend funds on the extension project that has been granted a certificate.

Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.

Acts 1987, No. 150, § 3.
Ark. Code Ann. § 23-63-604 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-604
Liabilities - In general
Status: in_force

In any determination of the financial condition of a reporting entity, liabilities shall include definitions and amounts specified in the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual". Acts 1959, No. 148, § 85; A.S.A. 1947, § 66-2504; Acts 2001, No. 1566, § 6.

In any determination of the financial condition of a reporting entity, liabilities shall include definitions and amounts specified in the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual".

Acts 1959, No. 148, § 85; A.S.A. 1947, § 66-2504; Acts 2001, No. 1566, § 6.
Ark. Code Ann. § 23-47-901 — AR Code / Title 23 / Chapter 47 / Subchapter 9 / Section 23-47-901
Safe deposit facilities - Liability of lessor
Status: in_force

(a) A bank may lease safe-deposit boxes for the keeping of property on terms as may be agreed to by the parties. (b) No bank shall be liable for any loss of the property in a safe-deposit box by theft, robbery, fire, or other cause. Acts 1997, No. 89, § 1; 1997, No. 408, § 8.

(a) A bank may lease safe-deposit boxes for the keeping of property on terms as may be agreed to by the parties.

(b) No bank shall be liable for any loss of the property in a safe-deposit box by theft, robbery, fire, or other cause.

Acts 1997, No. 89, § 1; 1997, No. 408, § 8.
Ark. Code Ann. § 23-71-112 — AR Code / Title 23 / Chapter 71 / Section 23-71-112
Benefits not subject to attachment
Status: in_force

The money or other benefit, charity, relief, or aid to be paid, provided, or rendered by an insurer authorized to do business under this chapter shall not be liable to attachment or other process and shall not be seized, taken, appropriated, or applied by any legal or equitable process, by operation of law, to pay any debt or liability of a policy or certificate holder or of any beneficiary named in the policy or certificate. Acts 1959, No. 148, § 549; A.S.A. 1947, § 66-4410.

The money or other benefit, charity, relief, or aid to be paid, provided, or rendered by an insurer authorized to do business under this chapter shall not be liable to attachment or other process and shall not be seized, taken, appropriated, or applied by any legal or equitable process, by operation of law, to pay any debt or liability of a policy or certificate holder or of any beneficiary named in the policy or certificate.

Acts 1959, No. 148, § 549; A.S.A. 1947, § 66-4410.
Ark. Code Ann. § 23-111-301 — AR Code / Title 23 / Chapter 111 / Subchapter 3 / Section 23-111-301
Greyhound racing permitted - Limitations
Status: in_force

(a) (1) Greyhound racing may be conducted in all political subdivisions of the State of Arkansas, but only by the holder of a franchise granted by the Arkansas Racing Commission, and the commission may grant a franchise only to a corporation organized under the laws of this state. (2) Franchises may not be granted by the commission to individuals, partnerships, associations, trusts, or to any others except corporations as provided in this section. (b) (1) However, in the event that the limitations contained in subsection (a) of this section are declared unconstitutional, then the commission may grant franchises to individuals, partnerships, associations, trusts, and corporations. (2) Wherever the word "corporation" shall appear in this chapter, it shall be deemed to include the enumeration in subdivision (b)(1) of this section in the event of the declaration of unconstitutionality. (c) The commission may not grant more than one (1) franchise for conducting greyhound racing meets in a single county. (d) No franchise or temporary franchise shall be granted whenever the cost of the plant proposed to be constructed, including lands, buildings, facilities, and equipment, shall be less than one million dollars ($1,000,000). Acts 1957, No. 191, §§ 5, 7; A.S.A. 1947, §§ 84-2820, 84-2822.

(a) (1) Greyhound racing may be conducted in all political subdivisions of the State of Arkansas, but only by the holder of a franchise granted by the Arkansas Racing Commission, and the commission may grant a franchise only to a corporation organized under the laws of this state. (2) Franchises may not be granted by the commission to individuals, partnerships, associations, trusts, or to any others except corporations as provided in this section.

(1) Greyhound racing may be conducted in all political subdivisions of the State of Arkansas, but only by the holder of a franchise granted by the Arkansas Racing Commission, and the commission may grant a franchise only to a corporation organized under the laws of this state.

(2) Franchises may not be granted by the commission to individuals, partnerships, associations, trusts, or to any others except corporations as provided in this section.

(b) (1) However, in the event that the limitations contained in subsection (a) of this section are declared unconstitutional, then the commission may grant franchises to individuals, partnerships, associations, trusts, and corporations. (2) Wherever the word "corporation" shall appear in this chapter, it shall be deemed to include the enumeration in subdivision (b)(1) of this section in the event of the declaration of unconstitutionality.

(1) However, in the event that the limitations contained in subsection (a) of this section are declared unconstitutional, then the commission may grant franchises to individuals, partnerships, associations, trusts, and corporations.

(2) Wherever the word "corporation" shall appear in this chapter, it shall be deemed to include the enumeration in subdivision (b)(1) of this section in the event of the declaration of unconstitutionality.

(c) The commission may not grant more than one (1) franchise for conducting greyhound racing meets in a single county.

(d) No franchise or temporary franchise shall be granted whenever the cost of the plant proposed to be constructed, including lands, buildings, facilities, and equipment, shall be less than one million dollars ($1,000,000).

Acts 1957, No. 191, §§ 5, 7; A.S.A. 1947, §§ 84-2820, 84-2822.
Ark. Code Ann. § 23-4-108 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-108
Sliding scales of rates
Status: in_force

(a) (1) Nothing in this act shall be taken to prohibit a public utility from establishing or entering into an agreement for a fixed period for a sliding scale or automatic adjustment of charges for public utility service in relation to the dividends to be paid to stockholders of the public utility, or the profit to be realized, or its expenses of operation to be incurred, or other equitable or reasonable basis for the scale or adjustment if a schedule showing the rates under the arrangement is first filed with and approved by the commission. (2) Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service if, after reasonable notice and hearing, the commission finds the existing rates or charges unjust, unreasonable, insufficient, or discriminatory. (b) The commission shall have the power to fix a reasonable and just sliding scale of rates for public utilities. Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.

(a) (1) Nothing in this act shall be taken to prohibit a public utility from establishing or entering into an agreement for a fixed period for a sliding scale or automatic adjustment of charges for public utility service in relation to the dividends to be paid to stockholders of the public utility, or the profit to be realized, or its expenses of operation to be incurred, or other equitable or reasonable basis for the scale or adjustment if a schedule showing the rates under the arrangement is first filed with and approved by the commission. (2) Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service if, after reasonable notice and hearing, the commission finds the existing rates or charges unjust, unreasonable, insufficient, or discriminatory.

(1) Nothing in this act shall be taken to prohibit a public utility from establishing or entering into an agreement for a fixed period for a sliding scale or automatic adjustment of charges for public utility service in relation to the dividends to be paid to stockholders of the public utility, or the profit to be realized, or its expenses of operation to be incurred, or other equitable or reasonable basis for the scale or adjustment if a schedule showing the rates under the arrangement is first filed with and approved by the commission.

(2) Nothing in this section shall prevent the commission from revoking its approval at any time and fixing other rates and charges for the product or commodity or service if, after reasonable notice and hearing, the commission finds the existing rates or charges unjust, unreasonable, insufficient, or discriminatory.

(b) The commission shall have the power to fix a reasonable and just sliding scale of rates for public utilities.

Acts 1935, No. 324, § 20; Pope's Dig., § 2083; A.S.A. 1947, § 73-219.
Ark. Code Ann. § 23-42-502 — AR Code / Title 23 / Chapter 42 / Subchapter 5 / Section 23-42-502
Filing of prospectus, sales literature, etc
Status: in_force

The Securities Commissioner, by rule or order, may require the filing of any prospectus, pamphlet, circular, form letter, advertisement, television, radio, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser, as part of a registered offering or as part of an exempt offering required to be filed under § 23-42-503(d) or § 23-42-504(b) . Acts 1959, No. 254, § 15; 1979, No. 754, § 3; A.S.A. 1947, § 67-1249; Acts 1997, No. 173, § 19.

The Securities Commissioner, by rule or order, may require the filing of any prospectus, pamphlet, circular, form letter, advertisement, television, radio, or other sales literature or advertising communication addressed or intended for distribution to prospective investors, including clients or prospective clients of an investment adviser, as part of a registered offering or as part of an exempt offering required to be filed under § 23-42-503(d) or § 23-42-504(b) .

Acts 1959, No. 254, § 15; 1979, No. 754, § 3; A.S.A. 1947, § 67-1249; Acts 1997, No. 173, § 19.
Ark. Code Ann. § 23-4-303 — AR Code / Title 23 / Chapter 4 / Subchapter 3 / Section 23-4-303
Creation
Status: in_force

There is created within the Office of the Attorney General a Consumer Utilities Rate Advocacy Division. Acts 1981 (Ex. Sess.), No. 39, § 3; A.S.A. 1947, § 73-217n.

There is created within the Office of the Attorney General a Consumer Utilities Rate Advocacy Division.

Acts 1981 (Ex. Sess.), No. 39, § 3; A.S.A. 1947, § 73-217n.
Ark. Code Ann. § 23-86-305 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-305
Group health plan - Application of certain rules in determination of employer size
Status: in_force

(a) Application of Aggregation Rule for Employers. All persons treated as a single employer under subsection (b), subsection (c), subsection (m), or subsection (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one (1) employer. (b) Employers Not in Existence in Preceding Year. In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether the employer is a small employer or a large employer shall be based on the average number of employees that it is reasonably expected the employer will employ on business days in the current calendar year. (c) Predecessors. Any reference in this section to an employer shall include a reference to any predecessor of the employer. Acts 1997, No. 997, § 1.

(a) Application of Aggregation Rule for Employers. All persons treated as a single employer under subsection (b), subsection (c), subsection (m), or subsection (o) of section 414 of the Internal Revenue Code of 1986 shall be treated as one (1) employer.

(b) Employers Not in Existence in Preceding Year. In the case of an employer which was not in existence throughout the preceding calendar year, the determination of whether the employer is a small employer or a large employer shall be based on the average number of employees that it is reasonably expected the employer will employ on business days in the current calendar year.

(c) Predecessors. Any reference in this section to an employer shall include a reference to any predecessor of the employer.

Acts 1997, No. 997, § 1.
Ark. Code Ann. § 23-48-305 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-305
Issuance and filing of certificate of incorporation
Status: in_force

(a) Upon approval of the State Banking Board and payment of the fees, the Bank Commissioner shall give to the persons named as incorporators a certificate of incorporation, in the form that he or she may prescribe, if the commissioner has made satisfactory determinations as to the matters described in § 23-48-304(d)(1) -(4) and is also satisfied that appropriate federal deposit insurance has been obtained. (b) The commissioner shall also return one (1) of the copies submitted to him or her of the articles of incorporation upon which he or she has endorsed the fact of the issuance by him or her of the certificate of incorporation. (c) Upon receipt of the certificate of incorporation, the institution may proceed with its business. Acts 1997, No. 89, § 1; 1999, No. 113, § 5.

(a) Upon approval of the State Banking Board and payment of the fees, the Bank Commissioner shall give to the persons named as incorporators a certificate of incorporation, in the form that he or she may prescribe, if the commissioner has made satisfactory determinations as to the matters described in § 23-48-304(d)(1) -(4) and is also satisfied that appropriate federal deposit insurance has been obtained.

(b) The commissioner shall also return one (1) of the copies submitted to him or her of the articles of incorporation upon which he or she has endorsed the fact of the issuance by him or her of the certificate of incorporation.

(c) Upon receipt of the certificate of incorporation, the institution may proceed with its business.

Acts 1997, No. 89, § 1; 1999, No. 113, § 5.
Ark. Code Ann. § 23-13-722 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-722
Rules
Status: in_force

The Arkansas Public Service Commission may promulgate rules to implement this subchapter. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

The Arkansas Public Service Commission may promulgate rules to implement this subchapter.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-62-411 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-411
Examination authority
Status: in_force

(a) (1) A reinsurance intermediary shall be subject to examination by the Insurance Commissioner. (2) The commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner. (b) A reinsurance intermediary manager may be examined as if it were the reinsurer. Acts 1993, No. 527, § 1.

(a) (1) A reinsurance intermediary shall be subject to examination by the Insurance Commissioner. (2) The commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner.

(1) A reinsurance intermediary shall be subject to examination by the Insurance Commissioner.

(2) The commissioner shall have access to all books, bank accounts, and records of the reinsurance intermediary in a form usable to the commissioner.

(b) A reinsurance intermediary manager may be examined as if it were the reinsurer.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-98-111 — AR Code / Title 23 / Chapter 98 / Section 23-98-111
Record-keeping and reporting requirement for insurers
Status: in_force

Each insurer issuing a minimum basic benefit policy in this state shall maintain separate and distinct records of enrollment, claim costs, premium income, utilization, and such other information as may be required by the Insurance Commissioner. Each insurer providing a minimum basic benefit policy shall furnish an annual report to the commissioner in a form prescribed by the commissioner which shall contain such information as the commissioner may require to analyze the effect of insurance coverage issued pursuant to this chapter. The annual report required shall be in a form consistent with the forms, if any, adopted by the National Association of Insurance Commissioners for such a purpose. Acts 1991, No. 238, § 11.

Each insurer issuing a minimum basic benefit policy in this state shall maintain separate and distinct records of enrollment, claim costs, premium income, utilization, and such other information as may be required by the Insurance Commissioner. Each insurer providing a minimum basic benefit policy shall furnish an annual report to the commissioner in a form prescribed by the commissioner which shall contain such information as the commissioner may require to analyze the effect of insurance coverage issued pursuant to this chapter. The annual report required shall be in a form consistent with the forms, if any, adopted by the National Association of Insurance Commissioners for such a purpose.

Acts 1991, No. 238, § 11.
Ark. Code Ann. § 23-112-903 — AR Code / Title 23 / Chapter 112 / Subchapter 9 / Section 23-112-903
Statements of estimated positive economic impact
Status: in_force

A statement of the estimated positive economic impact of a proposed recreational vehicle special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source such as a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries. Acts 2011, No. 263, § 1.

A statement of the estimated positive economic impact of a proposed recreational vehicle special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source such as a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries.

Acts 2011, No. 263, § 1.
Ark. Code Ann. § 23-63-1702 — AR Code / Title 23 / Chapter 63 / Subchapter 17 / Section 23-63-1702
Purpose
Status: in_force

This subchapter provides: (1) A basis for the creation of protected cells by a domestic insurer as one means of accessing alternative sources of capital and achieving the benefits of insurance securitization; (2) Funds to investors in fully funded insurance securitization transactions that are available to pay the insurer's insurance obligations or to repay the investors, or both; and (3) A means to achieve more efficiencies in conducting insurance securitizations. Acts 2001, No. 1428, § 2.

This subchapter provides:

(1) A basis for the creation of protected cells by a domestic insurer as one means of accessing alternative sources of capital and achieving the benefits of insurance securitization;

(2) Funds to investors in fully funded insurance securitization transactions that are available to pay the insurer's insurance obligations or to repay the investors, or both; and

(3) A means to achieve more efficiencies in conducting insurance securitizations.

Acts 2001, No. 1428, § 2.
Ark. Code Ann. § 23-99-1601 — AR Code / Title 23 / Chapter 99 / Subchapter 16 / Section 23-99-1601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Electronic Access of Medical Records by Healthcare Payor Act". Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.

This subchapter shall be known and may be cited as the "Electronic Access of Medical Records by Healthcare Payor Act".

Added by Act 2023, No. 502,§ 1, eff. 1/1/2024.
Ark. Code Ann. § 23-51-194 — AR Code / Title 23 / Chapter 51 / Section 23-51-194
Fee determination
Status: in_force

The compensation arrangement between a client and any person acting as a trustee or as any other fiduciary pursuant to this chapter shall be at arm's length and any compensation pursuant to such an arrangement shall be a reasonable amount with respect to the services rendered. Acts 1997, No. 940, § 94.

The compensation arrangement between a client and any person acting as a trustee or as any other fiduciary pursuant to this chapter shall be at arm's length and any compensation pursuant to such an arrangement shall be a reasonable amount with respect to the services rendered.

Acts 1997, No. 940, § 94.
Ark. Code Ann. § 23-4-206 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-206
Interest on deposits
Status: in_force

(a) Whenever any person, company, or corporation furnishing patrons or consumers with power, gas, water, electricity, or telephone service shall require a deposit from the consumer before the utility will be supplied to him or her or before a meter will be installed by the person, company, or corporation, then, in every case, the person putting up the deposit, when the deposit is taken down or meter removed, shall receive interest on the deposit until it is returned to the patron or consumer, provided all bills due for service furnished have been paid by the patron or consumer. (b) (1) The interest paid on any deposit shall be computed using simple interest, applying such annual rates as the commission shall determine from year to year. (2) The annual interest rate applicable to deposits shall be determined annually by the Arkansas Public Service Commission following notice and hearing. Each year, the commission shall enter its order setting the annual rate of interest no later than December 31 for the following year. The new annual rate shall become effective January 1 of the following year and shall remain in effect for the remainder of the calendar year, or until such later time as the commission shall enter its order establishing a new rate. (3) The annual rate of interest set by the commission for any year shall not be more than ten percent (10%). (c) This section shall not apply to cities or towns of a population of less than three thousand (3,000) persons that have granted franchises for electric current for lighting and other purposes furnished by manufacturing establishments not solely engaged in the manufacture of electric current for lighting and other purposes. Acts 1919, No. 264, § 1, 2; C. & M. Dig., §§ 7549, 7550; Pope's Dig., §§ 9623, 9624; Acts 1985, No. 306, § 1; 1985, No. 1054, § 1; A.S.A. 1947, §§ 73-213, 73-214; Acts 1995, No. 843, § 1.

(a) Whenever any person, company, or corporation furnishing patrons or consumers with power, gas, water, electricity, or telephone service shall require a deposit from the consumer before the utility will be supplied to him or her or before a meter will be installed by the person, company, or corporation, then, in every case, the person putting up the deposit, when the deposit is taken down or meter removed, shall receive interest on the deposit until it is returned to the patron or consumer, provided all bills due for service furnished have been paid by the patron or consumer.

(b) (1) The interest paid on any deposit shall be computed using simple interest, applying such annual rates as the commission shall determine from year to year. (2) The annual interest rate applicable to deposits shall be determined annually by the Arkansas Public Service Commission following notice and hearing. Each year, the commission shall enter its order setting the annual rate of interest no later than December 31 for the following year. The new annual rate shall become effective January 1 of the following year and shall remain in effect for the remainder of the calendar year, or until such later time as the commission shall enter its order establishing a new rate. (3) The annual rate of interest set by the commission for any year shall not be more than ten percent (10%).

(1) The interest paid on any deposit shall be computed using simple interest, applying such annual rates as the commission shall determine from year to year.

(2) The annual interest rate applicable to deposits shall be determined annually by the Arkansas Public Service Commission following notice and hearing. Each year, the commission shall enter its order setting the annual rate of interest no later than December 31 for the following year. The new annual rate shall become effective January 1 of the following year and shall remain in effect for the remainder of the calendar year, or until such later time as the commission shall enter its order establishing a new rate.

(3) The annual rate of interest set by the commission for any year shall not be more than ten percent (10%).

(c) This section shall not apply to cities or towns of a population of less than three thousand (3,000) persons that have granted franchises for electric current for lighting and other purposes furnished by manufacturing establishments not solely engaged in the manufacture of electric current for lighting and other purposes.

Acts 1919, No. 264, § 1, 2; C. & M. Dig., §§ 7549, 7550; Pope's Dig., §§ 9623, 9624; Acts 1985, No. 306, § 1; 1985, No. 1054, § 1; A.S.A. 1947, §§ 73-213, 73-214; Acts 1995, No. 843, § 1.
Ark. Code Ann. § 23-92-203 — AR Code / Title 23 / Chapter 92 / Subchapter 2 / Section 23-92-203
Certificate of registration
Status: in_force

(a) No person shall act or hold himself or herself out as an administrator unless he or she obtains a certificate of registration from the Insurance Commissioner. (b) The certificate may be obtained by submitting an application on a form prescribed by the commissioner, paying a twenty-five dollar ($25.00) filing fee, and placing with the commissioner a surety bond as described in § 23-92-204 . (c) Each application shall have attached to it a list of all self-insured plans and trusts that have entered into service contracts with the applicant for administrative services. Every administrator shall update the list whenever changes occur. (d) The certificate shall be issued by the commissioner unless, after a hearing, the commissioner determines that the applicant is: (1) Not competent; (2) Not trustworthy; (3) Not financially responsible; or (4) A convicted felon. (e) Each certificate of registration shall be valid for the year issued and shall be renewed each year thereafter by submitting a twenty-five dollar ($25.00) annual fee. (f) After conducting a hearing and finding that an administrator has violated any of the requirements of this subchapter or fails to meet the requirements for the issuance of a certificate, the commissioner may revoke or suspend the certificate of registration. (g) The provisions in this chapter establishing standards applicable to a third-party administrator under subsection (d) of this section or fiduciary standards under § 23-92-206 do not authorize the commissioner to regulate the actions of a third-party administrator if the actions are authorized or required under its administration of a self-insured plan or trust, or apply or enforce other insurance code provisions, rules, or other state laws, through such standards, for purposes of revocation or suspension of a third-party administrator's certificate. Amended by Act 2015, No. 689,§ 2, eff. 7/22/2015. Acts 1985, No. 796, §§ 7, 9; A.S.A. 1947, §§ 66-6009, 66-6011.

(a) No person shall act or hold himself or herself out as an administrator unless he or she obtains a certificate of registration from the Insurance Commissioner.

(b) The certificate may be obtained by submitting an application on a form prescribed by the commissioner, paying a twenty-five dollar ($25.00) filing fee, and placing with the commissioner a surety bond as described in § 23-92-204 .

(c) Each application shall have attached to it a list of all self-insured plans and trusts that have entered into service contracts with the applicant for administrative services. Every administrator shall update the list whenever changes occur.

(d) The certificate shall be issued by the commissioner unless, after a hearing, the commissioner determines that the applicant is: (1) Not competent; (2) Not trustworthy; (3) Not financially responsible; or (4) A convicted felon.

(1) Not competent;

(2) Not trustworthy;

(3) Not financially responsible; or

(4) A convicted felon.

(e) Each certificate of registration shall be valid for the year issued and shall be renewed each year thereafter by submitting a twenty-five dollar ($25.00) annual fee.

(f) After conducting a hearing and finding that an administrator has violated any of the requirements of this subchapter or fails to meet the requirements for the issuance of a certificate, the commissioner may revoke or suspend the certificate of registration.

(g) The provisions in this chapter establishing standards applicable to a third-party administrator under subsection (d) of this section or fiduciary standards under § 23-92-206 do not authorize the commissioner to regulate the actions of a third-party administrator if the actions are authorized or required under its administration of a self-insured plan or trust, or apply or enforce other insurance code provisions, rules, or other state laws, through such standards, for purposes of revocation or suspension of a third-party administrator's certificate.

Amended by Act 2015, No. 689,§ 2, eff. 7/22/2015.

Acts 1985, No. 796, §§ 7, 9; A.S.A. 1947, §§ 66-6009, 66-6011.
Ark. Code Ann. § 23-38-214 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-214
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 34; 1931, No. 236, § 14; Pope's Dig., § 1011; A.S.A. 1947, § 67-835.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 34; 1931, No. 236, § 14; Pope's Dig., § 1011; A.S.A. 1947, § 67-835.
Ark. Code Ann. § 23-12-203 — AR Code / Title 23 / Chapter 12 / Subchapter 2 / Section 23-12-203
Clearing right-of-way following derailment or wreck
Status: in_force

(a) Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck. (b) In the event any railroad fails to comply with this requirement the Arkansas Department of Transportation, upon petition of any ten (10) citizens, shall conduct a hearing for the purpose of determining the cause of the railroad's failure to comply with this requirement. (c) The department is authorized to file suit in a court of competent jurisdiction for an order requiring the railroad's compliance with this section. Amended by Act 2017, No. 707,§ 173, eff. 8/1/2017. Acts 1971, No. 225, § 1; A.S.A. 1947, § 73-633.

(a) Any railroad operating in this state shall be required to clear its right-of-way of debris and wrecked equipment within ninety (90) days following any derailment or train wreck.

(b) In the event any railroad fails to comply with this requirement the Arkansas Department of Transportation, upon petition of any ten (10) citizens, shall conduct a hearing for the purpose of determining the cause of the railroad's failure to comply with this requirement.

(c) The department is authorized to file suit in a court of competent jurisdiction for an order requiring the railroad's compliance with this section.

Amended by Act 2017, No. 707,§ 173, eff. 8/1/2017.

Acts 1971, No. 225, § 1; A.S.A. 1947, § 73-633.
Ark. Code Ann. § 23-18-202 — AR Code / Title 23 / Chapter 18 / Subchapter 2 / Section 23-18-202
Jurisdiction of commission - Exemptions
Status: in_force

(a) The jurisdiction of the Arkansas Public Service Commission shall not extend to loans made or guaranteed by the Rural Electrification Administration of the United States Department of Agriculture [superseded], the Federal Financing Bank, or such other agency or instrumentality as may be established by the United States Government for those purposes, nor shall it extend to loans made or guaranteed by the National Rural Utilities Cooperative Finance Corporation. (b) No approval shall be required from the commission for borrowings, loan contracts, notes, mortgages, or guarantees to which the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB is a party, nor shall approval be required for borrowings, loan contracts, notes, mortgages, or guarantees from other public or private sources which are secured by a mortgage held in common with or guaranteed by the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB. Acts 1967, No. 234, § 2; 1981, No. 353, § 1; A.S.A. 1947, § 73-202.2; Acts 2009, No. 789, § 1.

(a) The jurisdiction of the Arkansas Public Service Commission shall not extend to loans made or guaranteed by the Rural Electrification Administration of the United States Department of Agriculture [superseded], the Federal Financing Bank, or such other agency or instrumentality as may be established by the United States Government for those purposes, nor shall it extend to loans made or guaranteed by the National Rural Utilities Cooperative Finance Corporation.

(b) No approval shall be required from the commission for borrowings, loan contracts, notes, mortgages, or guarantees to which the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB is a party, nor shall approval be required for borrowings, loan contracts, notes, mortgages, or guarantees from other public or private sources which are secured by a mortgage held in common with or guaranteed by the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB.

Acts 1967, No. 234, § 2; 1981, No. 353, § 1; A.S.A. 1947, § 73-202.2; Acts 2009, No. 789, § 1.
Ark. Code Ann. § 23-12-1004 — AR Code / Title 23 / Chapter 12 / Subchapter 10 / Section 23-12-1004
Powers and duties
Status: in_force

(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees. (b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, city, or municipal streets and highways. Amended by Act 2019, No. 315,§ 2412, eff. 7/24/2019. Acts 1993, No. 726, § 3.

(a) The State Highway Commission shall make such investigation and studies as it deems necessary to properly exercise the jurisdiction hereby conferred and shall involve Arkansas counties, municipalities, and railroads operating within this state and unions representing railroad employees.

(b) Pursuant to rules providing for an opportunity of notice and hearing, the commission shall promulgate appropriate rules pertaining to the maintenance of railroad crossings of state, county, city, or municipal streets and highways.

Amended by Act 2019, No. 315,§ 2412, eff. 7/24/2019.

Acts 1993, No. 726, § 3.
Ark. Code Ann. § 23-91-212 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-212
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 5; A.S.A. 1947, § 66-5405.

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023.

Acts 1977, No. 368, § 5; A.S.A. 1947, § 66-5405.
Ark. Code Ann. § 23-66-319 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-319
Cancellation of insurance policies by third parties
Status: in_force

(a) Anyone holding the right to request cancellation of the named insured's insurance policy, other than the insurer, shall send to the insured and to the insured's agent or broker of record at least ten (10) days' written notice of the intention to cancel the policy. The right to be mailed this notice is personal to the named insured and cannot be waived, nor may it be assigned by the insured to the person or entity that holds the right to request the cancellation. (b) After expiration of the ten-day period in which to cure the default, a notice of cancellation of the policy may be sent to the insurer, with a copy to the named insured. (c) Any notices failing to comply with this section shall be ineffective to cancel the policy. (d) This section shall not apply to annuities or disability or life insurance. Acts 2001, No. 919, § 1.

(a) Anyone holding the right to request cancellation of the named insured's insurance policy, other than the insurer, shall send to the insured and to the insured's agent or broker of record at least ten (10) days' written notice of the intention to cancel the policy. The right to be mailed this notice is personal to the named insured and cannot be waived, nor may it be assigned by the insured to the person or entity that holds the right to request the cancellation.

(b) After expiration of the ten-day period in which to cure the default, a notice of cancellation of the policy may be sent to the insurer, with a copy to the named insured.

(c) Any notices failing to comply with this section shall be ineffective to cancel the policy.

(d) This section shall not apply to annuities or disability or life insurance.

Acts 2001, No. 919, § 1.
Ark. Code Ann. § 23-63-901 — AR Code / Title 23 / Chapter 63 / Subchapter 9 / Section 23-63-901
Authorized deposits of insurers
Status: in_force

The following deposits of insurers when made through the Insurance Commissioner shall be accepted and held, and shall be subject to the provisions of this subchapter: (1) Deposits required under the Arkansas Insurance Code for authority to transact insurance in this state; (2) Deposits of domestic insurers when made pursuant to the laws of other states, provinces, and countries as requirement for authority to transact insurance in that state, province, or country; (3) Deposits of reserves made by domestic life insurers under § 23-81-130 ; and (4) Deposits in such additional amounts as are permitted to be made under § 23-63-908 . Acts 1959, No. 148, § 132; A.S.A. 1947, § 66-2701.

The following deposits of insurers when made through the Insurance Commissioner shall be accepted and held, and shall be subject to the provisions of this subchapter:

(1) Deposits required under the Arkansas Insurance Code for authority to transact insurance in this state;

(2) Deposits of domestic insurers when made pursuant to the laws of other states, provinces, and countries as requirement for authority to transact insurance in that state, province, or country;

(3) Deposits of reserves made by domestic life insurers under § 23-81-130 ; and

(4) Deposits in such additional amounts as are permitted to be made under § 23-63-908 .

Acts 1959, No. 148, § 132; A.S.A. 1947, § 66-2701.
Ark. Code Ann. § 23-73-107 — AR Code / Title 23 / Chapter 73 / Section 23-73-107
Adoption of similar name prohibited
Status: in_force

No name shall be adopted by the company or association which is so similar to any name already in use by any existing company or association organized or doing business in Arkansas as to be confusing or misleading. Acts 1959, No. 148, § 584; A.S.A. 1947, § 66-4606; Acts 1997, No. 774, § 1.

No name shall be adopted by the company or association which is so similar to any name already in use by any existing company or association organized or doing business in Arkansas as to be confusing or misleading.

Acts 1959, No. 148, § 584; A.S.A. 1947, § 66-4606; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-111-511 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-511
Record keeping by franchise holder - Audit
Status: in_force

(a) Every franchise holder conducting race meetings under this chapter shall keep its books and records so as to clearly show the true number of admissions, the total amount of money contributed to each pari-mutuel pool on each race separately, and the amount of money received daily from admission fees. (b) Within sixty (60) days after the conclusion of every race meeting, the franchise holder shall submit to the Arkansas Racing Commission a complete audit of the receipts and admissions. Acts 1957, No. 191, § 21; A.S.A. 1947, § 84-2836.

(a) Every franchise holder conducting race meetings under this chapter shall keep its books and records so as to clearly show the true number of admissions, the total amount of money contributed to each pari-mutuel pool on each race separately, and the amount of money received daily from admission fees.

(b) Within sixty (60) days after the conclusion of every race meeting, the franchise holder shall submit to the Arkansas Racing Commission a complete audit of the receipts and admissions.

Acts 1957, No. 191, § 21; A.S.A. 1947, § 84-2836.
Ark. Code Ann. § 23-46-502 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-502
Statement on call
Status: in_force

(a) Every state bank and subsidiary trust company operating under the supervision of the Bank Commissioner shall make to the commissioner, whenever required by him or her, a statement of its assets and liabilities as shown by its records at the close of business on the day designated, which day shall be prior to the call of the commissioner. (b) The commissioner shall not give notice to any person whomsoever of the date on which he or she will call for the statement. (c) The reports shall be verified by the institution's president or chief executive officer or a vice president and shall be attested by at least two (2) directors. (d) (1) The reports required by this section shall embrace the amount of paid-up capital, surplus, net undivided profits, deposits, and all other liabilities of whatsoever character. (2) (A) It shall also state the amount loaned upon real estate, notes, bills of exchange, overdrafts, bonds, and other securities, stating the actual market value of the bonds or securities, the amount invested in real estate for banking premises, other real estate owned, when and how acquired, and the actual cost, cash on hand and on deposit in other banks, subject to check, with the amount and character of all other assets, together with such other information as the commissioner may require. (B) Any commercial or other unsecured paper past due twelve (12) months on which the interest is unpaid and not in process of collection shall not be included as an asset in the report. Amended by Act 2017, No. 198,§ 2, eff. 8/1/2017. Acts 1997, No. 89, § 1.

(a) Every state bank and subsidiary trust company operating under the supervision of the Bank Commissioner shall make to the commissioner, whenever required by him or her, a statement of its assets and liabilities as shown by its records at the close of business on the day designated, which day shall be prior to the call of the commissioner.

(b) The commissioner shall not give notice to any person whomsoever of the date on which he or she will call for the statement.

(c) The reports shall be verified by the institution's president or chief executive officer or a vice president and shall be attested by at least two (2) directors.

(d) (1) The reports required by this section shall embrace the amount of paid-up capital, surplus, net undivided profits, deposits, and all other liabilities of whatsoever character. (2) (A) It shall also state the amount loaned upon real estate, notes, bills of exchange, overdrafts, bonds, and other securities, stating the actual market value of the bonds or securities, the amount invested in real estate for banking premises, other real estate owned, when and how acquired, and the actual cost, cash on hand and on deposit in other banks, subject to check, with the amount and character of all other assets, together with such other information as the commissioner may require. (B) Any commercial or other unsecured paper past due twelve (12) months on which the interest is unpaid and not in process of collection shall not be included as an asset in the report.

(1) The reports required by this section shall embrace the amount of paid-up capital, surplus, net undivided profits, deposits, and all other liabilities of whatsoever character.

(2) (A) It shall also state the amount loaned upon real estate, notes, bills of exchange, overdrafts, bonds, and other securities, stating the actual market value of the bonds or securities, the amount invested in real estate for banking premises, other real estate owned, when and how acquired, and the actual cost, cash on hand and on deposit in other banks, subject to check, with the amount and character of all other assets, together with such other information as the commissioner may require. (B) Any commercial or other unsecured paper past due twelve (12) months on which the interest is unpaid and not in process of collection shall not be included as an asset in the report.

(A) It shall also state the amount loaned upon real estate, notes, bills of exchange, overdrafts, bonds, and other securities, stating the actual market value of the bonds or securities, the amount invested in real estate for banking premises, other real estate owned, when and how acquired, and the actual cost, cash on hand and on deposit in other banks, subject to check, with the amount and character of all other assets, together with such other information as the commissioner may require.

(B) Any commercial or other unsecured paper past due twelve (12) months on which the interest is unpaid and not in process of collection shall not be included as an asset in the report.

Amended by Act 2017, No. 198,§ 2, eff. 8/1/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-112-1010 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1010
Area of sales responsibility
Status: in_force

(a) The following conditions shall apply to the area of sales responsibility of a dealer included in a dealer agreement: (1) The manufacturer shall designate in the dealer agreement the area of sales responsibility exclusively assigned to the dealer; (2) The manufacturer shall not change the area of sales responsibility of a dealer or establish another dealer for the same line-make in that area during the term of the dealer agreement; and (3) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement. (b) A dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided under § 23-112-901 et seq. and the Rules of the Arkansas Motor Vehicle Commission. (c) A dealer may sell off-premise or display recreational vehicles within the area of sales responsibility as provided by commission rule. (d) The dealer shall notify the commission of any change in ownership in accordance with § 23-112-1019 . Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) The following conditions shall apply to the area of sales responsibility of a dealer included in a dealer agreement: (1) The manufacturer shall designate in the dealer agreement the area of sales responsibility exclusively assigned to the dealer; (2) The manufacturer shall not change the area of sales responsibility of a dealer or establish another dealer for the same line-make in that area during the term of the dealer agreement; and (3) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement.

(1) The manufacturer shall designate in the dealer agreement the area of sales responsibility exclusively assigned to the dealer;

(2) The manufacturer shall not change the area of sales responsibility of a dealer or establish another dealer for the same line-make in that area during the term of the dealer agreement; and

(3) The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement.

(b) A dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided under § 23-112-901 et seq. and the Rules of the Arkansas Motor Vehicle Commission.

(c) A dealer may sell off-premise or display recreational vehicles within the area of sales responsibility as provided by commission rule.

(d) The dealer shall notify the commission of any change in ownership in accordance with § 23-112-1019 .

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-10-401 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-401
Definition for sections 23-10-432 - 23-10-437 and 23-12-605
Status: in_force

As used in §§ 23-10-432 - 23-10-437 and 23-12-605 , unless the context otherwise requires, "shipper" means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right of a consignor or consignee. Acts 1909, No. 277, § 3, p. 814; C. & M. Dig., § 1623; Pope's Dig., § 1945; A.S.A. 1947, § 73-1309.

As used in §§ 23-10-432 - 23-10-437 and 23-12-605 , unless the context otherwise requires, "shipper" means any person, firm, or corporation tendering freight for shipment and any consignor or consignee of any bill of lading, or other person, firm, or corporation having the right of a consignor or consignee.

Acts 1909, No. 277, § 3, p. 814; C. & M. Dig., § 1623; Pope's Dig., § 1945; A.S.A. 1947, § 73-1309.
Ark. Code Ann. § 23-18-801 — AR Code / Title 23 / Chapter 18 / Subchapter 8 / Section 23-18-801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Broadband Over Power Lines Enabling Act". Acts 2007, No. 739, § 1.

This subchapter shall be known and may be cited as the "Broadband Over Power Lines Enabling Act".

Acts 2007, No. 739, § 1.
Ark. Code Ann. § 23-99-602 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-602
Legislative findings
Status: in_force

The General Assembly finds that the quality of dental care is improved through patient choice among dentists and that utilization of dentists varies less than utilization of other providers. Patients should have the freedom to go to dentists outside their managed care network when the carrier is not required to pay the dentist more than it pays in-network dentists. Therefore, health carriers should be required to offer a point-of-service option for dental care. Acts 1999, No. 1232, § 2.

The General Assembly finds that the quality of dental care is improved through patient choice among dentists and that utilization of dentists varies less than utilization of other providers. Patients should have the freedom to go to dentists outside their managed care network when the carrier is not required to pay the dentist more than it pays in-network dentists. Therefore, health carriers should be required to offer a point-of-service option for dental care.

Acts 1999, No. 1232, § 2.
Ark. Code Ann. § 23-46-206 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-206
Employment and duties of staff generally
Status: in_force

(a) (1) The Bank Commissioner, in consultation with the Secretary of the Department of Commerce, shall employ from time to time the assistants, examiners, clerks, stenographers, counsel, and other personnel as he or she may find necessary to properly and efficiently discharge the duties of his or her office. (2) The commissioner shall be authorized to set minimum qualifications for these persons and to fix their levels of compensation within the limitations of the numbers of employees and the appropriations for their salaries as provided from time to time by acts of the General Assembly, provided he or she shall incur no expense until an appropriation shall have been made therefor nor in excess of the revenues of the State Bank Department. (b) Counsel employed by the commissioner shall advise the commissioner in all legal matters affecting the State Bank Department. (c) Notwithstanding any other provisions of state law, and in order to maintain the confidentiality of information and the security of State Bank Department personnel in the performance of their duties, the commissioner shall be authorized to establish travel reimbursement guidelines for payment of expenses of State Bank Department personnel incurred in the performance of their duties. (d) If the commissioner is not himself or herself at any time available for the transaction of any specific matter committed by law to his or her authority or discretion, any one of the deputy commissioners, or any other staff member so designated by the commissioner in writing, may transact such matter in the name and stead of the commissioner. (e) (1) The commissioner, each member of the State Banking Board, the deputy commissioners, chief examiners, counsel, each examiner, each accountant, each attorney, and each other officer, person, or employee, or both, of or for the State Bank Department shall not be personally liable for damages occasioned by his or her official acts or omissions, except when the acts or omissions are corrupt and malicious. (2) The Attorney General shall defend any action brought against any of the above-mentioned persons by reason of his or her official acts or omissions, regardless of whether at the time of institution of the action the defendant has terminated his or her service with the State Bank Department. Amended by Act 2019, No. 910,§ 582, eff. 7/1/2019. Acts 1997, No. 89, § 1.

(a) (1) The Bank Commissioner, in consultation with the Secretary of the Department of Commerce, shall employ from time to time the assistants, examiners, clerks, stenographers, counsel, and other personnel as he or she may find necessary to properly and efficiently discharge the duties of his or her office. (2) The commissioner shall be authorized to set minimum qualifications for these persons and to fix their levels of compensation within the limitations of the numbers of employees and the appropriations for their salaries as provided from time to time by acts of the General Assembly, provided he or she shall incur no expense until an appropriation shall have been made therefor nor in excess of the revenues of the State Bank Department.

(1) The Bank Commissioner, in consultation with the Secretary of the Department of Commerce, shall employ from time to time the assistants, examiners, clerks, stenographers, counsel, and other personnel as he or she may find necessary to properly and efficiently discharge the duties of his or her office.

(2) The commissioner shall be authorized to set minimum qualifications for these persons and to fix their levels of compensation within the limitations of the numbers of employees and the appropriations for their salaries as provided from time to time by acts of the General Assembly, provided he or she shall incur no expense until an appropriation shall have been made therefor nor in excess of the revenues of the State Bank Department.

(b) Counsel employed by the commissioner shall advise the commissioner in all legal matters affecting the State Bank Department.

(c) Notwithstanding any other provisions of state law, and in order to maintain the confidentiality of information and the security of State Bank Department personnel in the performance of their duties, the commissioner shall be authorized to establish travel reimbursement guidelines for payment of expenses of State Bank Department personnel incurred in the performance of their duties.

(d) If the commissioner is not himself or herself at any time available for the transaction of any specific matter committed by law to his or her authority or discretion, any one of the deputy commissioners, or any other staff member so designated by the commissioner in writing, may transact such matter in the name and stead of the commissioner.

(e) (1) The commissioner, each member of the State Banking Board, the deputy commissioners, chief examiners, counsel, each examiner, each accountant, each attorney, and each other officer, person, or employee, or both, of or for the State Bank Department shall not be personally liable for damages occasioned by his or her official acts or omissions, except when the acts or omissions are corrupt and malicious. (2) The Attorney General shall defend any action brought against any of the above-mentioned persons by reason of his or her official acts or omissions, regardless of whether at the time of institution of the action the defendant has terminated his or her service with the State Bank Department.

(1) The commissioner, each member of the State Banking Board, the deputy commissioners, chief examiners, counsel, each examiner, each accountant, each attorney, and each other officer, person, or employee, or both, of or for the State Bank Department shall not be personally liable for damages occasioned by his or her official acts or omissions, except when the acts or omissions are corrupt and malicious.

(2) The Attorney General shall defend any action brought against any of the above-mentioned persons by reason of his or her official acts or omissions, regardless of whether at the time of institution of the action the defendant has terminated his or her service with the State Bank Department.

Amended by Act 2019, No. 910,§ 582, eff. 7/1/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-67-217 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-217
Advisory organizations - Filings
Status: in_force

Every advisory organization shall file with the Insurance Commissioner every advisory document pursuant to § 23-67-216 thirty (30) days prior to the effective date. The commissioner may extend the review period an additional thirty (30) days by written notice to the filer before the thirty-day period expires. Acts 1987, No. 959, § 14.

Every advisory organization shall file with the Insurance Commissioner every advisory document pursuant to § 23-67-216 thirty (30) days prior to the effective date. The commissioner may extend the review period an additional thirty (30) days by written notice to the filer before the thirty-day period expires.

Acts 1987, No. 959, § 14.
Ark. Code Ann. § 23-17-222 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-222
Executive committee
Status: in_force

(a) By its bylaws, any cooperative may provide for an executive committee to be elected from and by its board of directors. (b) To such committee may be delegated the management of the current and ordinary business of the cooperative and such other duties as the bylaws may prescribe, but the designation of the committee and the delegation of authority thereto shall not operate to relieve the board of directors or any member thereof of any responsibility imposed upon it or him or her by this subchapter. Acts 1951, No. 51, § 26; A.S.A. 1947, § 77-1626.

(a) By its bylaws, any cooperative may provide for an executive committee to be elected from and by its board of directors.

(b) To such committee may be delegated the management of the current and ordinary business of the cooperative and such other duties as the bylaws may prescribe, but the designation of the committee and the delegation of authority thereto shall not operate to relieve the board of directors or any member thereof of any responsibility imposed upon it or him or her by this subchapter.

Acts 1951, No. 51, § 26; A.S.A. 1947, § 77-1626.
Ark. Code Ann. § 23-4-710 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-710
Discrimination in passenger or freight rates or services prohibited
Status: in_force

(a) It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corporation any greater or lesser rate or amount of compensation than is demanded or received from any other person, firm, company, or corporation for substantially similar and contemporaneous services. Nor shall any person or corporation allow any person, firm, company, or corporation, directly or indirectly, any rebate, drawback, or other advantage in any form, or to make any preference in furnishing cars or motive power. (b) All persons or corporations engaged as specified in subsection (a) of this section shall furnish, without discrimination or delay, equal and sufficient facilities for the transportation of passengers, the receiving, loading and unloading, storing, carriage, and delivery of all property of a like character carried by him or her, them, or it. The persons or corporations shall perform, with equal expedition and at uniform rates, the same kind of services connected with the contemporaneous transportation of passengers or property as aforesaid. (c) It shall be unlawful for any person or corporation engaged as specified in subsection (a) of this section to enter into any contract or agreement by changes of schedule, use of different cars, or any other means or device with intent to delay or prevent the shipment of such property from being continuous from the place of shipment to the place of destination, whether carried on one (1) or more railroads. Acts 1899, No. 53, § 11, p. 82; C. & M. Dig., § 849; Pope's Dig., § 1053; A.S.A. 1947, § 73-1512.

(a) It shall be unlawful for any person or corporation engaged alone or associated with others in the transportation of passengers or property by railroad in this state, as freight or express, directly or indirectly, to demand or receive from any person, firm, company, or corporation any greater or lesser rate or amount of compensation than is demanded or received from any other person, firm, company, or corporation for substantially similar and contemporaneous services. Nor shall any person or corporation allow any person, firm, company, or corporation, directly or indirectly, any rebate, drawback, or other advantage in any form, or to make any preference in furnishing cars or motive power.

(b) All persons or corporations engaged as specified in subsection (a) of this section shall furnish, without discrimination or delay, equal and sufficient facilities for the transportation of passengers, the receiving, loading and unloading, storing, carriage, and delivery of all property of a like character carried by him or her, them, or it. The persons or corporations shall perform, with equal expedition and at uniform rates, the same kind of services connected with the contemporaneous transportation of passengers or property as aforesaid.

(c) It shall be unlawful for any person or corporation engaged as specified in subsection (a) of this section to enter into any contract or agreement by changes of schedule, use of different cars, or any other means or device with intent to delay or prevent the shipment of such property from being continuous from the place of shipment to the place of destination, whether carried on one (1) or more railroads.

Acts 1899, No. 53, § 11, p. 82; C. & M. Dig., § 849; Pope's Dig., § 1053; A.S.A. 1947, § 73-1512.
Ark. Code Ann. § 23-63-1106 — AR Code / Title 23 / Chapter 63 / Subchapter 11 / Section 23-63-1106
Disclosure
Status: in_force

The producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer, except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his or her records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured. Acts 1993, No. 526, § 1.

The producer, prior to the effective date of the policy, shall deliver written notice to the prospective insured disclosing the relationship between the producer and the controlled insurer, except that, if the business is placed through a subproducer who is not a controlling producer, the controlling producer shall retain in his or her records a signed commitment from the subproducer that the subproducer is aware of the relationship between the insurer and the producer and that the subproducer has or will notify the insured.

Acts 1993, No. 526, § 1.
Ark. Code Ann. § 23-46-605 — AR Code / Title 23 / Chapter 46 / Subchapter 6 / Section 23-46-605
Authorization for joint examinations or joint enforcement actions with bank supervisory agencies
Status: in_force

The Bank Commissioner may enter into joint examinations or joint enforcement actions with a bank supervisory agency having jurisdiction over a technology service provider. Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.

The Bank Commissioner may enter into joint examinations or joint enforcement actions with a bank supervisory agency having jurisdiction over a technology service provider.

Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.
Ark. Code Ann. § 23-2-111 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-111
Salaries and expenses - Time of payment
Status: in_force

(a) The salaries and expenses of the Arkansas Public Service Commission shall be paid monthly upon certificate and vouchers, as required by law. (b) If it becomes necessary to pay for transportation, costs, or other expenses of a similar nature during any current month, the payments may be drawn in advance upon certificate of the commissioners. However, the payments are to be embraced thereafter in the monthly statement to be made as required by law, showing the expenses to have been paid. Acts 1899, No. 119, § 7, p. 194; C. & M. Dig., § 1674; Pope's Dig., § 1984; A.S.A. 1947, § 73-110.

(a) The salaries and expenses of the Arkansas Public Service Commission shall be paid monthly upon certificate and vouchers, as required by law.

(b) If it becomes necessary to pay for transportation, costs, or other expenses of a similar nature during any current month, the payments may be drawn in advance upon certificate of the commissioners. However, the payments are to be embraced thereafter in the monthly statement to be made as required by law, showing the expenses to have been paid.

Acts 1899, No. 119, § 7, p. 194; C. & M. Dig., § 1674; Pope's Dig., § 1984; A.S.A. 1947, § 73-110.
Ark. Code Ann. § 23-16-504 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-504
Driver disqualification and limitations
Status: in_force

(a) A driver is disqualified from driving for a contract carrier under this subchapter if the driver has committed two (2) or more serious traffic violations under § 27-16-401 within a three-year period. (b) (1) A contract carrier shall not allow or require a driver to drive or remain on duty for more than: (A) Ten (10) hours after eight (8) consecutive hours off-duty; (B) Fifteen (15) hours of combined on-duty time and drive time since last obtaining eight (8) consecutive hours of off-duty time; or (C) Seventy (70) hours of on-duty and drive time in any period of eight (8) consecutive days. (2) After twenty-four (24) hours off-duty, a driver begins a new seven (7) consecutive day period, and on-duty time is reset to zero (0). (3) A transport vehicle driver who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the ten-hour maximum driving time permitted under this section may drive and be permitted or required to drive a transport motor vehicle for not more than two (2) additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the ten-hour period absent the emergency. (c) A contract carrier shall maintain and retain for a period of six (6) months accurate time records that show: (1) The time the driver reports for duty each day; (2) The total number of hours of on-duty time for each driver for each day; (3) The time the driver is released from duty each day; and (4) The total number of hours driven each day. Acts 2009, No. 243, § 1.

(a) A driver is disqualified from driving for a contract carrier under this subchapter if the driver has committed two (2) or more serious traffic violations under § 27-16-401 within a three-year period.

(b) (1) A contract carrier shall not allow or require a driver to drive or remain on duty for more than: (A) Ten (10) hours after eight (8) consecutive hours off-duty; (B) Fifteen (15) hours of combined on-duty time and drive time since last obtaining eight (8) consecutive hours of off-duty time; or (C) Seventy (70) hours of on-duty and drive time in any period of eight (8) consecutive days. (2) After twenty-four (24) hours off-duty, a driver begins a new seven (7) consecutive day period, and on-duty time is reset to zero (0). (3) A transport vehicle driver who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the ten-hour maximum driving time permitted under this section may drive and be permitted or required to drive a transport motor vehicle for not more than two (2) additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the ten-hour period absent the emergency.

(1) A contract carrier shall not allow or require a driver to drive or remain on duty for more than: (A) Ten (10) hours after eight (8) consecutive hours off-duty; (B) Fifteen (15) hours of combined on-duty time and drive time since last obtaining eight (8) consecutive hours of off-duty time; or (C) Seventy (70) hours of on-duty and drive time in any period of eight (8) consecutive days.

(A) Ten (10) hours after eight (8) consecutive hours off-duty;

(B) Fifteen (15) hours of combined on-duty time and drive time since last obtaining eight (8) consecutive hours of off-duty time; or

(C) Seventy (70) hours of on-duty and drive time in any period of eight (8) consecutive days.

(2) After twenty-four (24) hours off-duty, a driver begins a new seven (7) consecutive day period, and on-duty time is reset to zero (0).

(3) A transport vehicle driver who encounters an emergency and cannot, because of that emergency, safely complete a transportation assignment within the ten-hour maximum driving time permitted under this section may drive and be permitted or required to drive a transport motor vehicle for not more than two (2) additional hours in order to complete that transportation assignment or to reach a place offering safety for the occupants of the transport motor vehicle and security for the transport motor vehicle if the transportation assignment reasonably could have been completed within the ten-hour period absent the emergency.

(c) A contract carrier shall maintain and retain for a period of six (6) months accurate time records that show: (1) The time the driver reports for duty each day; (2) The total number of hours of on-duty time for each driver for each day; (3) The time the driver is released from duty each day; and (4) The total number of hours driven each day.

(1) The time the driver reports for duty each day;

(2) The total number of hours of on-duty time for each driver for each day;

(3) The time the driver is released from duty each day; and

(4) The total number of hours driven each day.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-10-109 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-109
Agreements for carrier to pay charge for use of additional mode of transportation void
Status: in_force

(a) Any part of any agreement, arrangement, or other device entered into shall be unlawful and void which, as a condition to the transportation of property, requires or permits a regulated for-hire carrier of property, freight forwarder, private carrier, or other carrier or shipper or association or group of shippers to pay a charge, allowance, assessment, or compensation to any person or organization if the charge, allowance, assessment, or compensation is dependent or contingent upon the use of another mode of transportation in addition to motor transportation for movement of the property. (b) (1) Should any person, firm, partnership, organization, or association of persons violate any of the provisions of this section, he, she, or it shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or by both a fine and imprisonment. (2) Each day of the violation of any of the provisions of this section shall constitute a separate offense. Acts 1963, No. 98, §§ 1, 2; A.S.A. 1947, §§ 73-1537, 73-1538.

(a) Any part of any agreement, arrangement, or other device entered into shall be unlawful and void which, as a condition to the transportation of property, requires or permits a regulated for-hire carrier of property, freight forwarder, private carrier, or other carrier or shipper or association or group of shippers to pay a charge, allowance, assessment, or compensation to any person or organization if the charge, allowance, assessment, or compensation is dependent or contingent upon the use of another mode of transportation in addition to motor transportation for movement of the property.

(b) (1) Should any person, firm, partnership, organization, or association of persons violate any of the provisions of this section, he, she, or it shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or by both a fine and imprisonment. (2) Each day of the violation of any of the provisions of this section shall constitute a separate offense.

(1) Should any person, firm, partnership, organization, or association of persons violate any of the provisions of this section, he, she, or it shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or by imprisonment for not less than thirty (30) days nor more than ninety (90) days, or by both a fine and imprisonment.

(2) Each day of the violation of any of the provisions of this section shall constitute a separate offense.

Acts 1963, No. 98, §§ 1, 2; A.S.A. 1947, §§ 73-1537, 73-1538.
Ark. Code Ann. § 23-46-509 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-509
Assessment fees, application fees, and other department fees
Status: in_force

(a) Every state bank and subsidiary trust company shall pay to the State Bank Department, within ten (10) days after notice from the Bank Commissioner in the months of January and July of each year, an assessment fee which will be charged in accordance with an assessment fee schedule approved by the commissioner. (b) The commissioner, with the approval of the State Banking Board, shall also have the authority to establish a schedule of fees to be charged by the department relative to applications which are reviewed by the department, as well as a schedule of other fees to be charged for service performed by the department. (c) For each examination made in excess of two (2) per year, the state bank or subsidiary trust company so examined shall pay an additional assessment equal to the January assessment of the year in which the excess examination is made. (d) (1) The assessments provided for in this section may be reduced by the commissioner if the assessments, with other fees received by the department, produce a greater sum than is required to pay the expenses of the department. (2) The assessments may be increased if not sufficient in connection with other fees received as aforesaid to defray the expenses of the department. Acts 1997, No. 89, § 1.

(a) Every state bank and subsidiary trust company shall pay to the State Bank Department, within ten (10) days after notice from the Bank Commissioner in the months of January and July of each year, an assessment fee which will be charged in accordance with an assessment fee schedule approved by the commissioner.

(b) The commissioner, with the approval of the State Banking Board, shall also have the authority to establish a schedule of fees to be charged by the department relative to applications which are reviewed by the department, as well as a schedule of other fees to be charged for service performed by the department.

(c) For each examination made in excess of two (2) per year, the state bank or subsidiary trust company so examined shall pay an additional assessment equal to the January assessment of the year in which the excess examination is made.

(d) (1) The assessments provided for in this section may be reduced by the commissioner if the assessments, with other fees received by the department, produce a greater sum than is required to pay the expenses of the department. (2) The assessments may be increased if not sufficient in connection with other fees received as aforesaid to defray the expenses of the department.

(1) The assessments provided for in this section may be reduced by the commissioner if the assessments, with other fees received by the department, produce a greater sum than is required to pay the expenses of the department.

(2) The assessments may be increased if not sufficient in connection with other fees received as aforesaid to defray the expenses of the department.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-76-127 — AR Code / Title 23 / Chapter 76 / Section 23-76-127
Fees
Status: in_force

A health maintenance organization subject to this chapter shall pay to the State Insurance Department Trust Fund as special revenues the following fees: (1) For filing and reviewing all documents necessary for issuance of an original certificate of authority, one thousand dollars ($1,000); (2) For issuance of the original certificate of authority, two hundred dollars ($200); (3) For annual renewal of the certificate of authority, one hundred dollars ($100); (4) For filing an annual statement, fifty dollars ($50.00); and (5) For filing amendments to documents required under § 23-76-107 , one hundred dollars ($100). Amended by Act 2013, No. 1433,§ 10, eff. 8/16/2013. Acts 1975, No. 454, § 23; 1985, No. 804, § 13; A.S.A. 1947, § 66-5223; Acts 1987, No. 264, §§ 1, 2; 1993, No. 901, § 36.

A health maintenance organization subject to this chapter shall pay to the State Insurance Department Trust Fund as special revenues the following fees:

(1) For filing and reviewing all documents necessary for issuance of an original certificate of authority, one thousand dollars ($1,000);

(2) For issuance of the original certificate of authority, two hundred dollars ($200);

(3) For annual renewal of the certificate of authority, one hundred dollars ($100);

(4) For filing an annual statement, fifty dollars ($50.00); and

(5) For filing amendments to documents required under § 23-76-107 , one hundred dollars ($100).

Amended by Act 2013, No. 1433,§ 10, eff. 8/16/2013.

Acts 1975, No. 454, § 23; 1985, No. 804, § 13; A.S.A. 1947, § 66-5223; Acts 1987, No. 264, §§ 1, 2; 1993, No. 901, § 36.
Ark. Code Ann. § 23-81-701 — AR Code / Title 23 / Chapter 81 / Subchapter 7 / Section 23-81-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Structured Settlement Protection Act". Acts 2005, No. 2215, § 1.

This subchapter shall be known and may be cited as the "Structured Settlement Protection Act".

Acts 2005, No. 2215, § 1.
Ark. Code Ann. § 23-38-213 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-213
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 33; Pope's Dig., § 1010; A.S.A. 1947, § 67-834.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 33; Pope's Dig., § 1010; A.S.A. 1947, § 67-834.
Ark. Code Ann. § 23-83-115 — AR Code / Title 23 / Chapter 83 / Section 23-83-115
Payment of benefits provision
Status: in_force

A group policy shall contain a provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured. However, when the policy contains conditions pertaining to family status, the beneficiary may be the family member specified by the policy terms, as to all or any part of such a sum, subject to the provisions of the policy in the event there is no designated beneficiary living at the death of the person insured and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding ten thousand dollars ($10,000) to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured. Acts 1981, No. 898, § 15; A.S.A. 1947, § 66-3515; Acts 2001, No. 1382, § 11.

A group policy shall contain a provision that any sum becoming due by reason of the death of the person insured shall be payable to the beneficiary designated by the person insured. However, when the policy contains conditions pertaining to family status, the beneficiary may be the family member specified by the policy terms, as to all or any part of such a sum, subject to the provisions of the policy in the event there is no designated beneficiary living at the death of the person insured and subject to any right reserved by the insurer in the policy and set forth in the certificate to pay at its option a part of the sum not exceeding ten thousand dollars ($10,000) to any person appearing to the insurer to be equitably entitled thereto by reason of having incurred funeral or other expenses incident to the last illness or death of the person insured.

Acts 1981, No. 898, § 15; A.S.A. 1947, § 66-3515; Acts 2001, No. 1382, § 11.
Ark. Code Ann. § 23-74-403 — AR Code / Title 23 / Chapter 74 / Subchapter 4 / Section 23-74-403
Benefits not attachable
Status: in_force

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society. Acts 1989, No. 881, § 1.

No money or other benefit, charity, relief, or aid to be paid, provided, or rendered by any society shall be liable to attachment, garnishment, or other process, or to be seized, taken, appropriated, or applied by any legal or equitable process or operation of law to pay any debt or liability of a member or beneficiary, or any other person who may have a right thereunder, either before or after payment by the society.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-79-308 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-308
Noncomplying provisions
Status: in_force

Any commercial property and casualty insurance policy, contract, rider, or endorsement issued after March 13, 1987, and otherwise valid that contains any condition or provision not in compliance with the requirements of this subchapter shall be construed and applied in accordance with the provisions of this subchapter. Acts 1987, No. 204, § 5.

Any commercial property and casualty insurance policy, contract, rider, or endorsement issued after March 13, 1987, and otherwise valid that contains any condition or provision not in compliance with the requirements of this subchapter shall be construed and applied in accordance with the provisions of this subchapter.

Acts 1987, No. 204, § 5.
Ark. Code Ann. § 23-48-202 — AR Code / Title 23 / Chapter 48 / Subchapter 2 / Section 23-48-202
Reserve requirements
Status: in_force

A state bank not a member of the Federal Reserve System shall maintain at all times a reserve fund as required by the Federal Reserve Board, unless otherwise provided by State Bank Department rules. Amended by Act 2019, No. 315,§ 2541, eff. 7/24/2019. Acts 1997, No. 89, § 1.

A state bank not a member of the Federal Reserve System shall maintain at all times a reserve fund as required by the Federal Reserve Board, unless otherwise provided by State Bank Department rules.

Amended by Act 2019, No. 315,§ 2541, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-18-309 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-309
Incorporators
Status: in_force

Any three (3) or more natural persons of the age of twenty-one (21) or more, residents of this state, may act as incorporators of a corporation to be organized under this subchapter by executing articles of incorporation as provided in this subchapter. Acts 1937, No. 342, § 5; Pope's Dig., § 2319; A.S.A. 1947, § 77-1105.

Any three (3) or more natural persons of the age of twenty-one (21) or more, residents of this state, may act as incorporators of a corporation to be organized under this subchapter by executing articles of incorporation as provided in this subchapter.

Acts 1937, No. 342, § 5; Pope's Dig., § 2319; A.S.A. 1947, § 77-1105.
Ark. Code Ann. § 23-18-521 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-521
Issuance of certificate - Effect
Status: in_force

(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter. (b) (1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq. (2) A certificate issued under this subchapter entitles the applicant to a permit under § 23-3-501 et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by § 23-3-504(7) and paid the damages stated in § 23-3-501 et seq. Acts 1973, No. 164, §§ 4, 9; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3, 73-276.8; Acts 2011, No. 910, § 10.

(a) A certificate to construct and operate a major utility facility may be issued only under this subchapter.

(b) (1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq. (2) A certificate issued under this subchapter entitles the applicant to a permit under § 23-3-501 et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by § 23-3-504(7) and paid the damages stated in § 23-3-501 et seq.

(1) A certificate issued under this subchapter to an applicant is in lieu of and exempts the applicant from the requirements of obtaining a certificate of convenience and necessity under § 23-3-201 et seq.

(2) A certificate issued under this subchapter entitles the applicant to a permit under § 23-3-501 et seq. without any further notice or hearing if the applicant has filed with the Arkansas Public Service Commission the consent or authorization required by § 23-3-504(7) and paid the damages stated in § 23-3-501 et seq.

Acts 1973, No. 164, §§ 4, 9; 1977, No. 866, § 1; A.S.A. 1947, §§ 73-276.3, 73-276.8; Acts 2011, No. 910, § 10.
Ark. Code Ann. § 23-67-209 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-209
Rating criteria
Status: in_force

(a) Due consideration must be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to events or trends within and outside this state, to loadings for leveling rates over a period of time, to dividends or savings to be allowed or returned by insurers to their policyholders, members, or subscribers, and to all other relevant factors. All submissions for rate changes or supplementary rate changes must include this information with Arkansas experience shown as well as companywide experience for the past five (5) years for the class of business which this filing affects. The determination of the weighting of credibility assigned to Arkansas must be fully explained. If, within a particular class, the data is not sufficiently credible for Arkansas or companywide, and common classes are grouped together for rate-making purposes, all class codes utilized in developing credibility shall be shown as an exhibit in the filing, with Arkansas experience for each class affected shown separately. If significant trends within the state are utilized, a narrative describing the basis of the trend must be included. (b) Risks may be classified in any reasonable way for the establishment of rates, except that no risks may be grouped by classifications based in whole or in part on race, color, creed, or national origin of the risk. (c) The expense provisions included in the rates to be used by any insurer shall reflect the operating methods of the insurer and its actual and anticipated expense experience. (d) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of the profit, consideration must be given to all investment income attributable to premiums and to the reserves associated with those premiums and to loss reserve funds. Acts 1987, No. 959, § 6.

(a) Due consideration must be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to events or trends within and outside this state, to loadings for leveling rates over a period of time, to dividends or savings to be allowed or returned by insurers to their policyholders, members, or subscribers, and to all other relevant factors. All submissions for rate changes or supplementary rate changes must include this information with Arkansas experience shown as well as companywide experience for the past five (5) years for the class of business which this filing affects. The determination of the weighting of credibility assigned to Arkansas must be fully explained. If, within a particular class, the data is not sufficiently credible for Arkansas or companywide, and common classes are grouped together for rate-making purposes, all class codes utilized in developing credibility shall be shown as an exhibit in the filing, with Arkansas experience for each class affected shown separately. If significant trends within the state are utilized, a narrative describing the basis of the trend must be included.

(b) Risks may be classified in any reasonable way for the establishment of rates, except that no risks may be grouped by classifications based in whole or in part on race, color, creed, or national origin of the risk.

(c) The expense provisions included in the rates to be used by any insurer shall reflect the operating methods of the insurer and its actual and anticipated expense experience.

(d) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of the profit, consideration must be given to all investment income attributable to premiums and to the reserves associated with those premiums and to loss reserve funds.

Acts 1987, No. 959, § 6.
Ark. Code Ann. § 23-13-245 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-245
Contract carriers - Schedule of minimum rates and charges, rules, and practices - Requirement - Filing, posting, and publishing required
Status: in_force

(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property or in connection therewith and to establish and observe reasonable minimum rates, fares, and charges. (b) It shall be the duty of every contract carrier by motor vehicle to file with the Arkansas Department of Transportation and to publish and keep open for public inspection, in the form and manner prescribed by the department, schedules containing the minimum rates or charges of the carrier actually maintained and charged for the transportation of passengers or property and any rule or practice affecting such rates or charges and the value of the service thereunder. (c) No contract carrier, unless otherwise provided by this subchapter, shall engage in the transportation of passengers or property unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2440, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 215, eff. 8/1/2017. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

(a) It shall be the duty of every contract carrier by motor vehicle to establish and observe reasonable minimum rates and charges for any service rendered or to be rendered in the transportation of passengers or property or in connection therewith and to establish and observe reasonable minimum rates, fares, and charges.

(b) It shall be the duty of every contract carrier by motor vehicle to file with the Arkansas Department of Transportation and to publish and keep open for public inspection, in the form and manner prescribed by the department, schedules containing the minimum rates or charges of the carrier actually maintained and charged for the transportation of passengers or property and any rule or practice affecting such rates or charges and the value of the service thereunder.

(c) No contract carrier, unless otherwise provided by this subchapter, shall engage in the transportation of passengers or property unless the minimum charges for the transportation by the carrier have been published, filed, and posted in accordance with the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2440, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 215, eff. 8/1/2017.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-12-612 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-612
Abandonment of operations without authority - Stockholders to offer stock for sale - Penalty - Enforcement
Status: in_force

(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the stockholders of the corporation shall offer for sale their stock in the railroad corporation within sixty (60) days of the abandonment. The offer shall be open for not fewer than one hundred twenty (120) days thereafter and shall be to any person, firm, or corporation at a price not exceeding the net investment of the stockholders of the corporation in the stock at the time of the abandonment or the fair net salvage value of the properties owned by the corporation at the time of the abandonment, whichever is less. (b) Any stockholder of any such corporation who violates the terms of this section shall be fined in the sum of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). Each day of such a violation shall constitute a separate offense. (c) The Attorney General shall have authority to enforce this section in the name of the State of Arkansas by appropriate proceedings in any court of competent jurisdiction. Acts 1947, No. 89, § 1; A.S.A. 1947, § 73-813.

(a) When any railroad corporation organized under the laws of Arkansas and operating properties within the State of Arkansas abandons such operations for a period of thirty (30) days or more without specific authority from the regulatory bodies having jurisdiction thereof, the stockholders of the corporation shall offer for sale their stock in the railroad corporation within sixty (60) days of the abandonment. The offer shall be open for not fewer than one hundred twenty (120) days thereafter and shall be to any person, firm, or corporation at a price not exceeding the net investment of the stockholders of the corporation in the stock at the time of the abandonment or the fair net salvage value of the properties owned by the corporation at the time of the abandonment, whichever is less.

(b) Any stockholder of any such corporation who violates the terms of this section shall be fined in the sum of not less than five hundred dollars ($500) and not more than five thousand dollars ($5,000). Each day of such a violation shall constitute a separate offense.

(c) The Attorney General shall have authority to enforce this section in the name of the State of Arkansas by appropriate proceedings in any court of competent jurisdiction.

Acts 1947, No. 89, § 1; A.S.A. 1947, § 73-813.
Ark. Code Ann. § 23-79-2701 — AR Code / Title 23 / Chapter 79 / Subchapter 27 / Section 23-79-2701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Triage, Treat, and Transport to Alternative Destination Act". Added by Act 2023, No. 480,§ 2, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Triage, Treat, and Transport to Alternative Destination Act".

Added by Act 2023, No. 480,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-2-311 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-311
Entry and inspection of utility property
Status: in_force

The commission shall have power, through its members, inspectors, or employees, to enter into, upon, and to inspect the property of any public utility so far as may be proper, in order to exercise the jurisdiction conferred upon the commission in this act. Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.

The commission shall have power, through its members, inspectors, or employees, to enter into, upon, and to inspect the property of any public utility so far as may be proper, in order to exercise the jurisdiction conferred upon the commission in this act.

Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.
Ark. Code Ann. § 23-15-103 — AR Code / Title 23 / Chapter 15 / Subchapter 1 / Section 23-15-103
Gas rates
Status: in_force

(a) (1) A gas line or company operating in this state that renders a domestic or general service to the public in the furnishing and sale of gas is required to buy or furnish from the lowest or most advantageous market. (2) Failure to comply with subdivision (a)(1) of this section shall deprive a gas line or company of the difference in price between the market price and the price at which the purchase is made. (3) In determining the lowest or most advantageous market as described in subdivision (a)(1) of this section, the Arkansas Public Service Commission may take into consideration various factors, including without limitation: (A) Price; (B) Methodology of production; (C) Reliability of supply; (D) Impact on customer choice; and (E) Conditions associated with transportation or storage. (b) Notwithstanding subsection (a) of this section, the commission may allow a gas line or company reasonable purchases of natural gas or natural gas alternatives, including without limitation renewable natural gas and hydrogen, as an operating expense if the purchase of natural gas or natural gas alternatives is in the public interest. Amended by Act 2021, No. 156,§ 1, eff. 7/28/2021. Acts 1921, No. 239, § 1; Pope's Dig., § 5081; A.S.A. 1947, § 73-1901.

(a) (1) A gas line or company operating in this state that renders a domestic or general service to the public in the furnishing and sale of gas is required to buy or furnish from the lowest or most advantageous market. (2) Failure to comply with subdivision (a)(1) of this section shall deprive a gas line or company of the difference in price between the market price and the price at which the purchase is made. (3) In determining the lowest or most advantageous market as described in subdivision (a)(1) of this section, the Arkansas Public Service Commission may take into consideration various factors, including without limitation: (A) Price; (B) Methodology of production; (C) Reliability of supply; (D) Impact on customer choice; and (E) Conditions associated with transportation or storage.

(1) A gas line or company operating in this state that renders a domestic or general service to the public in the furnishing and sale of gas is required to buy or furnish from the lowest or most advantageous market.

(2) Failure to comply with subdivision (a)(1) of this section shall deprive a gas line or company of the difference in price between the market price and the price at which the purchase is made.

(3) In determining the lowest or most advantageous market as described in subdivision (a)(1) of this section, the Arkansas Public Service Commission may take into consideration various factors, including without limitation: (A) Price; (B) Methodology of production; (C) Reliability of supply; (D) Impact on customer choice; and (E) Conditions associated with transportation or storage.

(A) Price;

(B) Methodology of production;

(C) Reliability of supply;

(D) Impact on customer choice; and

(E) Conditions associated with transportation or storage.

(b) Notwithstanding subsection (a) of this section, the commission may allow a gas line or company reasonable purchases of natural gas or natural gas alternatives, including without limitation renewable natural gas and hydrogen, as an operating expense if the purchase of natural gas or natural gas alternatives is in the public interest.

Amended by Act 2021, No. 156,§ 1, eff. 7/28/2021.

Acts 1921, No. 239, § 1; Pope's Dig., § 5081; A.S.A. 1947, § 73-1901.
Ark. Code Ann. § 23-46-211 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-211
Retention of State Bank Department records
Status: in_force

(a) The State Bank Department shall retain its general records for at least ten (10) years, with the following exceptions: (1) Transcripts of hearings before the State Banking Board or the Bank Commissioner shall be retained for at least three (3) years; (2) Applications submitted to the department shall be retained for at least three (3) years; and (3) Articles of incorporation and amendments thereto and stock transfer certificates and approvals shall be retained permanently, except in cases in which the records concern a bank which has been merged, sold, or liquidated, in which cases the records shall be retained for at least five (5) years. (b) (1) In lieu of retention of the original records thereof, the department may cause any or all of its records and records held at any time in its custody to be photographed or otherwise reproduced in permanent form. (2) Any photograph or other reproduction shall have the same force and effect as the original thereof and be admitted into evidence equally as with the original. Acts 1997, No. 89, § 1.

(a) The State Bank Department shall retain its general records for at least ten (10) years, with the following exceptions: (1) Transcripts of hearings before the State Banking Board or the Bank Commissioner shall be retained for at least three (3) years; (2) Applications submitted to the department shall be retained for at least three (3) years; and (3) Articles of incorporation and amendments thereto and stock transfer certificates and approvals shall be retained permanently, except in cases in which the records concern a bank which has been merged, sold, or liquidated, in which cases the records shall be retained for at least five (5) years.

(1) Transcripts of hearings before the State Banking Board or the Bank Commissioner shall be retained for at least three (3) years;

(2) Applications submitted to the department shall be retained for at least three (3) years; and

(3) Articles of incorporation and amendments thereto and stock transfer certificates and approvals shall be retained permanently, except in cases in which the records concern a bank which has been merged, sold, or liquidated, in which cases the records shall be retained for at least five (5) years.

(b) (1) In lieu of retention of the original records thereof, the department may cause any or all of its records and records held at any time in its custody to be photographed or otherwise reproduced in permanent form. (2) Any photograph or other reproduction shall have the same force and effect as the original thereof and be admitted into evidence equally as with the original.

(1) In lieu of retention of the original records thereof, the department may cause any or all of its records and records held at any time in its custody to be photographed or otherwise reproduced in permanent form.

(2) Any photograph or other reproduction shall have the same force and effect as the original thereof and be admitted into evidence equally as with the original.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-69-320 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-320
Disclosure of confidential information
Status: in_force

All information, documents, and copies obtained by or disclosed to the Insurance Commissioner or any other person in the course of preparing, filing, and processing an application to reorganize under § 23-69-305 , other than information or documents distributed to policyholders in connection with the meeting of policyholders under § 23-69-308 , or filed or submitted as evidence in connection with the public hearing under § 23-69-306 , shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication, in which event he or she may publish all or any part in such manner as he or she may deem appropriate. Acts 2001, No. 1726, § 1.

All information, documents, and copies obtained by or disclosed to the Insurance Commissioner or any other person in the course of preparing, filing, and processing an application to reorganize under § 23-69-305 , other than information or documents distributed to policyholders in connection with the meeting of policyholders under § 23-69-308 , or filed or submitted as evidence in connection with the public hearing under § 23-69-306 , shall be given confidential treatment, shall not be subject to subpoena, and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer and its affiliates who would be affected thereby notice and opportunity to be heard, determines that the interests of policyholders, shareholders, or the public will be served by the publication, in which event he or she may publish all or any part in such manner as he or she may deem appropriate.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-61-711 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-711
Fees additional to all others currently payable - Exception
Status: in_force

The fees assessed or imposed by this subchapter upon insurers, as defined or referenced in § 23-61-703 , and the fees assessed or imposed in § 17-19-301 and §§ 23-61-706 - 23-61-709 upon professional bail bond companies, insurers, insurance agents, brokers, and other licensees or registrants are imposed in addition to all other fees, assessments, premium and privilege taxes, penalties, and other such payments such licensees or registrants pay the State of Arkansas through the State Insurance Department or other state or governmental agencies pursuant to applicable Arkansas laws, except that insurers' payments of these administrative and financial regulation fees in § 23-61-703 are expressly and in pertinent part to be paid in lieu of payment of department examiners' salaries, wages, and compensation due at or after each examination conducted on the insurer by the department's examiners pursuant to the provisions of § 23-61-201 et seq., and, in particular, § 23-61-206 . Therefore, insurers shall still be liable for payment of and shall pay department examiners' expenses for food, lodging, and travel as directed under § 23-61-201 et seq. Acts 1993, No. 652, § 12.

The fees assessed or imposed by this subchapter upon insurers, as defined or referenced in § 23-61-703 , and the fees assessed or imposed in § 17-19-301 and §§ 23-61-706 - 23-61-709 upon professional bail bond companies, insurers, insurance agents, brokers, and other licensees or registrants are imposed in addition to all other fees, assessments, premium and privilege taxes, penalties, and other such payments such licensees or registrants pay the State of Arkansas through the State Insurance Department or other state or governmental agencies pursuant to applicable Arkansas laws, except that insurers' payments of these administrative and financial regulation fees in § 23-61-703 are expressly and in pertinent part to be paid in lieu of payment of department examiners' salaries, wages, and compensation due at or after each examination conducted on the insurer by the department's examiners pursuant to the provisions of § 23-61-201 et seq., and, in particular, § 23-61-206 . Therefore, insurers shall still be liable for payment of and shall pay department examiners' expenses for food, lodging, and travel as directed under § 23-61-201 et seq.

Acts 1993, No. 652, § 12.
Ark. Code Ann. § 23-91-220 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-220
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 13; A.S.A. 1947, § 66-5413.

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023.

Acts 1977, No. 368, § 13; A.S.A. 1947, § 66-5413.
Ark. Code Ann. § 23-18-904 — AR Code / Title 23 / Chapter 18 / Subchapter 9 / Section 23-18-904
Exceptions to commission jurisdiction
Status: in_force

(a) If the Arkansas Public Service Commission issues a financing order to a utility pursuant to this section, the commission shall not: (1) Consider the storm recovery bonds issued pursuant to the financing order to be the debt of the utility other than for federal and state income tax purposes; (2) Consider the storm recovery charges paid under the financing order to be the revenue of the utility for any purpose; (3) Consider the storm recovery costs or financing costs specified in the financing order to be the costs of the utility; or (4) Determine any action taken by a utility which is consistent with the financing order to be unjust or unreasonable. (b) The commission shall not: (1) Order or otherwise directly or indirectly require a utility to use storm recovery bonds to finance any project, addition, plant, facility, extension, capital improvement, equipment, or any other expenditure; (2) Refuse to allow a utility to recover costs for storm recovery activities in an otherwise permissible and reasonable fashion; or (3) Refuse or condition authorization or approval of the issuance and sale by a utility of securities or the assumption by it of liabilities or obligations, solely because of the potential availability of storm recovery financing. Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021. Acts 2009, No. 729, § 1.

(a) If the Arkansas Public Service Commission issues a financing order to a utility pursuant to this section, the commission shall not: (1) Consider the storm recovery bonds issued pursuant to the financing order to be the debt of the utility other than for federal and state income tax purposes; (2) Consider the storm recovery charges paid under the financing order to be the revenue of the utility for any purpose; (3) Consider the storm recovery costs or financing costs specified in the financing order to be the costs of the utility; or (4) Determine any action taken by a utility which is consistent with the financing order to be unjust or unreasonable.

(1) Consider the storm recovery bonds issued pursuant to the financing order to be the debt of the utility other than for federal and state income tax purposes;

(2) Consider the storm recovery charges paid under the financing order to be the revenue of the utility for any purpose;

(3) Consider the storm recovery costs or financing costs specified in the financing order to be the costs of the utility; or

(4) Determine any action taken by a utility which is consistent with the financing order to be unjust or unreasonable.

(b) The commission shall not: (1) Order or otherwise directly or indirectly require a utility to use storm recovery bonds to finance any project, addition, plant, facility, extension, capital improvement, equipment, or any other expenditure; (2) Refuse to allow a utility to recover costs for storm recovery activities in an otherwise permissible and reasonable fashion; or (3) Refuse or condition authorization or approval of the issuance and sale by a utility of securities or the assumption by it of liabilities or obligations, solely because of the potential availability of storm recovery financing.

(1) Order or otherwise directly or indirectly require a utility to use storm recovery bonds to finance any project, addition, plant, facility, extension, capital improvement, equipment, or any other expenditure;

(2) Refuse to allow a utility to recover costs for storm recovery activities in an otherwise permissible and reasonable fashion; or

(3) Refuse or condition authorization or approval of the issuance and sale by a utility of securities or the assumption by it of liabilities or obligations, solely because of the potential availability of storm recovery financing.

Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021.

Acts 2009, No. 729, § 1.
Ark. Code Ann. § 23-16-205 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-205
Term of bond or undertaking
Status: in_force

Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state shall be made to cover a definite term. Acts 1911, No. 166, § 3; C. & M. Dig., § 7123; Pope's Dig., § 9109; A.S.A. 1947, § 73-2103.

Every bond or undertaking of any nature whatsoever given by an employee of any common carrier authorized to do business in this state shall be made to cover a definite term.

Acts 1911, No. 166, § 3; C. & M. Dig., § 7123; Pope's Dig., § 9109; A.S.A. 1947, § 73-2103.
Ark. Code Ann. § 23-16-510 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-510
Penalties
Status: in_force

(a) (1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation. (2) Each day that a violation continues is a separate offense. (b) The Arkansas Highway Police Division of the Arkansas Department of Transportation shall assess penalties for violations under this subchapter by written notice to the violator. (c) To determine the amount of the penalty, the Arkansas Department of Transportation or its designee shall evaluate: (1) The nature, circumstances, extent, and gravity of the violation; (2) The degree of culpability, history of prior offenses, ability to pay, and effect on the ability to continue to do business of the person found to have committed a violation; and (3) Other circumstances as justice may require. Amended by Act 2017, No. 707,§ 264, eff. 8/1/2017. Acts 2009, No. 243, § 1.

(a) (1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation. (2) Each day that a violation continues is a separate offense.

(1) A person who knowingly violates a provision of this subchapter is liable to the state for a civil penalty not to exceed one thousand dollars ($1,000) for each violation.

(2) Each day that a violation continues is a separate offense.

(b) The Arkansas Highway Police Division of the Arkansas Department of Transportation shall assess penalties for violations under this subchapter by written notice to the violator.

(c) To determine the amount of the penalty, the Arkansas Department of Transportation or its designee shall evaluate: (1) The nature, circumstances, extent, and gravity of the violation; (2) The degree of culpability, history of prior offenses, ability to pay, and effect on the ability to continue to do business of the person found to have committed a violation; and (3) Other circumstances as justice may require.

(1) The nature, circumstances, extent, and gravity of the violation;

(2) The degree of culpability, history of prior offenses, ability to pay, and effect on the ability to continue to do business of the person found to have committed a violation; and

(3) Other circumstances as justice may require.

Amended by Act 2017, No. 707,§ 264, eff. 8/1/2017.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-112-305 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-305
Display of license - Change of employer - Factory representative and distributor representative
Status: in_force

(a) Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) The name of the employer of the factory representative or distributor representative shall be stated on the license, and, in case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement of the change thereon. Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 8; 2001, No. 1053, § 6.

(a) Every motor vehicle factory representative or distributor representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request.

(b) The name of the employer of the factory representative or distributor representative shall be stated on the license, and, in case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement of the change thereon.

Acts 1975, No. 388, § 5; 1985, No. 1032, § 3; 1985, No. 1058, § 3; A.S.A. 1947, § 75-2305; Acts 1995, No. 568, § 8; 2001, No. 1053, § 6.
Ark. Code Ann. § 23-64-503 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-503
License required
Status: in_force

A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this subchapter. Acts 2001, No. 580, § 1.

A person shall not sell, solicit, or negotiate insurance in this state for any class or classes of insurance unless the person is licensed for that line of authority in accordance with this subchapter.

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-81-108 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-108
Life insurance - Dividend provision
Status: in_force

(a) There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy, provided that the policy is in force and all premiums to that date are paid. Except as provided in this section, any dividend becoming payable shall, at the option of the party entitled to elect such an option, be either: (1) Payable in cash; or (2) (A) Applied to any one (1) of such other dividend options as may be provided by the policy. (B) If other dividend options are provided, the policy shall further state which option shall be automatically effective if the party has not elected some other option. (C) If the policy specified a period within which the other dividend option may be elected, the period shall be not less than thirty (30) days following the date on which the dividend is due and payable. (D) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subdivision (a)(1) of this section, even though the policy provides that payment of the dividend is to be deferred for a specified period, provided that the period does not exceed six (6) years from the date of apportionment and that, if so provided in the policy, interest will be added to the dividend at a specified rate. (E) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under a nonforfeiture provision shall be applied in the manner set forth in the policy. (b) "Divisible surplus" as used in subsection (a) of this section, subject, in the case of domestic insurers, to § 23-69-126 , means that part of the insurer's total surplus which is determined by the insurer's board of directors to be available for distribution to policyholders. The matters set forth in this subsection need not be contained in the policy. Acts 1959, No. 148, § 316; A.S.A. 1947, § 66-3307.

(a) There shall be a provision in participating policies that, beginning not later than the end of the third policy year, the insurer shall annually ascertain and apportion the divisible surplus, if any, that will accrue on the policy anniversary or other dividend date specified in the policy, provided that the policy is in force and all premiums to that date are paid. Except as provided in this section, any dividend becoming payable shall, at the option of the party entitled to elect such an option, be either: (1) Payable in cash; or (2) (A) Applied to any one (1) of such other dividend options as may be provided by the policy. (B) If other dividend options are provided, the policy shall further state which option shall be automatically effective if the party has not elected some other option. (C) If the policy specified a period within which the other dividend option may be elected, the period shall be not less than thirty (30) days following the date on which the dividend is due and payable. (D) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subdivision (a)(1) of this section, even though the policy provides that payment of the dividend is to be deferred for a specified period, provided that the period does not exceed six (6) years from the date of apportionment and that, if so provided in the policy, interest will be added to the dividend at a specified rate. (E) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under a nonforfeiture provision shall be applied in the manner set forth in the policy.

(1) Payable in cash; or

(2) (A) Applied to any one (1) of such other dividend options as may be provided by the policy. (B) If other dividend options are provided, the policy shall further state which option shall be automatically effective if the party has not elected some other option. (C) If the policy specified a period within which the other dividend option may be elected, the period shall be not less than thirty (30) days following the date on which the dividend is due and payable. (D) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subdivision (a)(1) of this section, even though the policy provides that payment of the dividend is to be deferred for a specified period, provided that the period does not exceed six (6) years from the date of apportionment and that, if so provided in the policy, interest will be added to the dividend at a specified rate. (E) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under a nonforfeiture provision shall be applied in the manner set forth in the policy.

(A) Applied to any one (1) of such other dividend options as may be provided by the policy.

(B) If other dividend options are provided, the policy shall further state which option shall be automatically effective if the party has not elected some other option.

(C) If the policy specified a period within which the other dividend option may be elected, the period shall be not less than thirty (30) days following the date on which the dividend is due and payable.

(D) The annually apportioned dividend shall be deemed to be payable in cash within the meaning of subdivision (a)(1) of this section, even though the policy provides that payment of the dividend is to be deferred for a specified period, provided that the period does not exceed six (6) years from the date of apportionment and that, if so provided in the policy, interest will be added to the dividend at a specified rate.

(E) If a participating policy provides that the benefit under any paid-up nonforfeiture provision is to be participating, it may provide that any divisible surplus becoming payable or apportioned while the insurance is in force under a nonforfeiture provision shall be applied in the manner set forth in the policy.

(b) "Divisible surplus" as used in subsection (a) of this section, subject, in the case of domestic insurers, to § 23-69-126 , means that part of the insurer's total surplus which is determined by the insurer's board of directors to be available for distribution to policyholders. The matters set forth in this subsection need not be contained in the policy.

Acts 1959, No. 148, § 316; A.S.A. 1947, § 66-3307.
Ark. Code Ann. § 23-61-1012 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1012
Rules
Status: in_force

The Department of Human Services shall adopt rules necessary to implement this subchapter. Added by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Act 2021, No. 530purported to enact this section as §20-61-1012; however, this section has been codified as §23-61-1101 to reflect the apparent legislative intent.

The Department of Human Services shall adopt rules necessary to implement this subchapter.

Added by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

Act 2021, No. 530purported to enact this section as §20-61-1012; however, this section has been codified as §23-61-1101 to reflect the apparent legislative intent.
Ark. Code Ann. § 23-16-503 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-503
Driver qualification file
Status: in_force

(a) (1) A contract carrier shall maintain a driver qualification file for each driver it employs. (2) The driver qualification file may be combined with the personnel file of the employee. (b) The driver qualification file shall include: (1) A certificate of physical examination conducted by a physician every two (2) years that certifies the physical ability of the driver to operate a commercial motor vehicle; (2) Documentation that establishes that the driver's driving record has been reviewed at least one (1) time per year; (3) Documentation related to the driver's violation of motor vehicle laws or ordinances, if applicable; (4) Other documentation related to the driver's qualification or ability to drive a motor vehicle; (5) The driver's application for employment as provided under 49 C.F.R. § 391.21 ; (6) Responses from previous employers, if required by the current employer; and (7) A certificate of the driver's road test or a copy of the current driver's license. Acts 2009, No. 243, § 1.

(a) (1) A contract carrier shall maintain a driver qualification file for each driver it employs. (2) The driver qualification file may be combined with the personnel file of the employee.

(1) A contract carrier shall maintain a driver qualification file for each driver it employs.

(2) The driver qualification file may be combined with the personnel file of the employee.

(b) The driver qualification file shall include: (1) A certificate of physical examination conducted by a physician every two (2) years that certifies the physical ability of the driver to operate a commercial motor vehicle; (2) Documentation that establishes that the driver's driving record has been reviewed at least one (1) time per year; (3) Documentation related to the driver's violation of motor vehicle laws or ordinances, if applicable; (4) Other documentation related to the driver's qualification or ability to drive a motor vehicle; (5) The driver's application for employment as provided under 49 C.F.R. § 391.21 ; (6) Responses from previous employers, if required by the current employer; and (7) A certificate of the driver's road test or a copy of the current driver's license.

(1) A certificate of physical examination conducted by a physician every two (2) years that certifies the physical ability of the driver to operate a commercial motor vehicle;

(2) Documentation that establishes that the driver's driving record has been reviewed at least one (1) time per year;

(3) Documentation related to the driver's violation of motor vehicle laws or ordinances, if applicable;

(4) Other documentation related to the driver's qualification or ability to drive a motor vehicle;

(5) The driver's application for employment as provided under 49 C.F.R. § 391.21 ;

(6) Responses from previous employers, if required by the current employer; and

(7) A certificate of the driver's road test or a copy of the current driver's license.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-66-202 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-202
Purpose
Status: in_force

(a) The purpose of this subchapter is to regulate trade practices in the business of insurance in accordance with the intent of the United States Congress as expressed in Pub. L. No. 79-15 by defining, or providing for the determination of, all practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined. (b) However, no provisions of this subchapter are intended to establish or extinguish a private right of action for a violation of any provision of this subchapter. Acts 1959, No. 148, § 209; 1981, No. 809, § 5; A.S.A. 1947, § 66-3002.

(a) The purpose of this subchapter is to regulate trade practices in the business of insurance in accordance with the intent of the United States Congress as expressed in Pub. L. No. 79-15 by defining, or providing for the determination of, all practices in this state which constitute unfair methods of competition or unfair or deceptive acts or practices and by prohibiting the trade practices so defined or determined.

(b) However, no provisions of this subchapter are intended to establish or extinguish a private right of action for a violation of any provision of this subchapter.

Acts 1959, No. 148, § 209; 1981, No. 809, § 5; A.S.A. 1947, § 66-3002.
Ark. Code Ann. § 23-72-117 — AR Code / Title 23 / Chapter 72 / Section 23-72-117
Reinsurance
Status: in_force

(a) A mutual assessment insurer may reinsure in any authorized life insurer any single risk or part of any single risk which it may assume. (b) The insurer may reinsure all or substantially all of its insurance in force by reinsurance in bulk as provided for in § 23-72-119 . Acts 1959, No. 148, § 572; A.S.A. 1947, § 66-4517.

(a) A mutual assessment insurer may reinsure in any authorized life insurer any single risk or part of any single risk which it may assume.

(b) The insurer may reinsure all or substantially all of its insurance in force by reinsurance in bulk as provided for in § 23-72-119 .

Acts 1959, No. 148, § 572; A.S.A. 1947, § 66-4517.
Ark. Code Ann. § 23-80-204 — AR Code / Title 23 / Chapter 80 / Subchapter 2 / Section 23-80-204
Applicability
Status: in_force

(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter. (b) However, nothing in this subchapter shall apply to: (1) Any policy which is a security subject to federal jurisdiction; (2) (A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy. (B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state; (3) Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans; (4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this subchapter; or (5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this subchapter. (c) No other statute of this state setting language simplification standards shall apply to any policy forms. (d) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 23-80-206(a)(1) if the insurer certifies that the policy is translated from an English language policy which does comply with § 23-80-206(a)(1) . Acts 1979, No. 258, § 4; A.S.A. 1947, § 66-3254.

(a) This subchapter shall apply to all policies delivered or issued for delivery in this state by any company on or after the date the forms must be approved under this subchapter.

(b) However, nothing in this subchapter shall apply to: (1) Any policy which is a security subject to federal jurisdiction; (2) (A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy. (B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state; (3) Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans; (4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this subchapter; or (5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this subchapter.

(1) Any policy which is a security subject to federal jurisdiction;

(2) (A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy. (B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;

(A) Any group policy covering a group of one thousand (1,000) or more lives at date of issue, other than a group credit life insurance policy or a group credit disability insurance policy.

(B) However, this subdivision (b)(2) shall not exempt any certificate issued pursuant to a group policy delivered or issued for delivery in this state;

(3) Any group annuity contract which serves as a funding vehicle for pension, profit-sharing, or deferred compensation plans;

(4) Any form used in connection with, as a conversion from, as an addition to, or in exchange pursuant to a contractual provision for, a policy delivered or issued for delivery on a form approved or permitted to be issued prior to the dates the forms must be approved under this subchapter; or

(5) The renewal of a policy delivered or issued for delivery prior to the dates the forms must be approved under this subchapter.

(c) No other statute of this state setting language simplification standards shall apply to any policy forms.

(d) Any non-English language policy delivered or issued for delivery in this state shall be deemed to be in compliance with § 23-80-206(a)(1) if the insurer certifies that the policy is translated from an English language policy which does comply with § 23-80-206(a)(1) .

Acts 1979, No. 258, § 4; A.S.A. 1947, § 66-3254.
Ark. Code Ann. § 23-115-209 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-209
Appealing administrative orders of Office of the Arkansas Lottery
Status: in_force

(a) A retailer, a vendor, or an applicant for a contract or a retailer license aggrieved by an administrative order of the Office of the Arkansas Lottery may appeal that decision to Pulaski County Circuit Court. (b) The circuit court shall hear appeals from administrative orders of the office, and based upon the record of the proceedings before the office, may reverse the administrative order of the office only if the person appealing the administrative order proves the administrative order to be: (1) Clearly erroneous; (2) Procured by fraud; (3) A result of substantial misconduct by the office; or (4) Contrary to the United States Constitution, the Arkansas Constitution, or this chapter. (c) The circuit court may remand an appeal to the office to conduct further hearings. (d) (1) A person who appeals the award of a contract, including without limitation a major procurement contract, is liable for all costs of appeal and defense if the appeal is denied or the contract award upheld. (2) If upon the motion of the office the circuit court finds the appeal to have been frivolous, the cost of appeal and defense shall include without limitation the following expenses of the office resulting from institution of the appeal: (A) Court costs; (B) Bond; (C) Legal fees; and (D) Loss of income. (3) A person appealing the award of a contract may be entitled to the reasonable costs incurred in connection with the contract solicitation, including without limitation bid preparation costs. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, §§ 29, 30.

(a) A retailer, a vendor, or an applicant for a contract or a retailer license aggrieved by an administrative order of the Office of the Arkansas Lottery may appeal that decision to Pulaski County Circuit Court.

(b) The circuit court shall hear appeals from administrative orders of the office, and based upon the record of the proceedings before the office, may reverse the administrative order of the office only if the person appealing the administrative order proves the administrative order to be: (1) Clearly erroneous; (2) Procured by fraud; (3) A result of substantial misconduct by the office; or (4) Contrary to the United States Constitution, the Arkansas Constitution, or this chapter.

(1) Clearly erroneous;

(2) Procured by fraud;

(3) A result of substantial misconduct by the office; or

(4) Contrary to the United States Constitution, the Arkansas Constitution, or this chapter.

(c) The circuit court may remand an appeal to the office to conduct further hearings.

(d) (1) A person who appeals the award of a contract, including without limitation a major procurement contract, is liable for all costs of appeal and defense if the appeal is denied or the contract award upheld. (2) If upon the motion of the office the circuit court finds the appeal to have been frivolous, the cost of appeal and defense shall include without limitation the following expenses of the office resulting from institution of the appeal: (A) Court costs; (B) Bond; (C) Legal fees; and (D) Loss of income. (3) A person appealing the award of a contract may be entitled to the reasonable costs incurred in connection with the contract solicitation, including without limitation bid preparation costs.

(1) A person who appeals the award of a contract, including without limitation a major procurement contract, is liable for all costs of appeal and defense if the appeal is denied or the contract award upheld.

(2) If upon the motion of the office the circuit court finds the appeal to have been frivolous, the cost of appeal and defense shall include without limitation the following expenses of the office resulting from institution of the appeal: (A) Court costs; (B) Bond; (C) Legal fees; and (D) Loss of income.

(A) Court costs;

(B) Bond;

(C) Legal fees; and

(D) Loss of income.

(3) A person appealing the award of a contract may be entitled to the reasonable costs incurred in connection with the contract solicitation, including without limitation bid preparation costs.

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, §§ 29, 30.