Ark. Code Ann. § 23-79-210 — AR Code / Title 23 / Chapter 79 / Subchapter 2 / Section 23-79-210
Direct cause of action against liability insurer when insured not subject to tort suit
Status: in_force

(a) (1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization or association of any kind or character and not subject to suit for tort, and if any person, firm, or corporation suffers injury or damage to person or property on account of the negligence or wrongful conduct of the organization, association, municipality, or subdivision, its servants, agents, or employees acting within the scope of their employment or agency, then the person, firm, or corporation so injured or damaged shall have a direct cause of action against the insurer with which the liability insurance is carried to the extent of the amounts provided for in the insurance policy as would ordinarily be paid under the terms of the policy. (2) Any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider for the payment or indemnification of the medical care provider's liabilities for medical injuries under § 16-114-201 et seq. shall be deemed to be liability insurance susceptible to direct action under this section. (3) The insurer shall be directly liable to the injured person, firm, or corporation for damages to the extent of the coverage in the liability insurance policy, and the plaintiff may proceed directly against the insurer regardless of the fact that the actual tortfeasor may not be sued under the laws of the state. (b) Any of the organizations or entities not subject to suit for tort described in subsection (a) of this section and the officers of those organizations or entities upon the request of any person so injured or damaged shall disclose the existence of any liability insurance, the name of the insurer, and the terms, amounts, and limits provided by the policy or policies. (c) (1) Nothing in this section shall be deemed to require the organization or entity not subject to suit for tort to carry liability insurance. This section provides only for a direct action against the insurer by the injured or damaged person in the event liability insurance is so carried. (2) The substance of this section shall by operation of law be a part of any liability insurance policy so carried, notwithstanding the terms of the policy itself, and any limitation in any policy restricting the right to recover to a judgment's first being obtained against a tortfeasor shall be void. Acts 1959, No. 148, §§ 307-309; A.S.A. 1947, §§ 66-3240 -- 66-3242; 2007, No. 750, § 1.

(a) (1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization or association of any kind or character and not subject to suit for tort, and if any person, firm, or corporation suffers injury or damage to person or property on account of the negligence or wrongful conduct of the organization, association, municipality, or subdivision, its servants, agents, or employees acting within the scope of their employment or agency, then the person, firm, or corporation so injured or damaged shall have a direct cause of action against the insurer with which the liability insurance is carried to the extent of the amounts provided for in the insurance policy as would ordinarily be paid under the terms of the policy. (2) Any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider for the payment or indemnification of the medical care provider's liabilities for medical injuries under § 16-114-201 et seq. shall be deemed to be liability insurance susceptible to direct action under this section. (3) The insurer shall be directly liable to the injured person, firm, or corporation for damages to the extent of the coverage in the liability insurance policy, and the plaintiff may proceed directly against the insurer regardless of the fact that the actual tortfeasor may not be sued under the laws of the state.

(1) When liability insurance is carried by any cooperative nonprofit corporation, association, or organization, or by any municipality, agency, or subdivision of a municipality, or of the state, or by any improvement district or school district, or by any other organization or association of any kind or character and not subject to suit for tort, and if any person, firm, or corporation suffers injury or damage to person or property on account of the negligence or wrongful conduct of the organization, association, municipality, or subdivision, its servants, agents, or employees acting within the scope of their employment or agency, then the person, firm, or corporation so injured or damaged shall have a direct cause of action against the insurer with which the liability insurance is carried to the extent of the amounts provided for in the insurance policy as would ordinarily be paid under the terms of the policy.

(2) Any self-insurance fund, pooled liability fund, or similar fund maintained by a medical care provider for the payment or indemnification of the medical care provider's liabilities for medical injuries under § 16-114-201 et seq. shall be deemed to be liability insurance susceptible to direct action under this section.

(3) The insurer shall be directly liable to the injured person, firm, or corporation for damages to the extent of the coverage in the liability insurance policy, and the plaintiff may proceed directly against the insurer regardless of the fact that the actual tortfeasor may not be sued under the laws of the state.

(b) Any of the organizations or entities not subject to suit for tort described in subsection (a) of this section and the officers of those organizations or entities upon the request of any person so injured or damaged shall disclose the existence of any liability insurance, the name of the insurer, and the terms, amounts, and limits provided by the policy or policies.

(c) (1) Nothing in this section shall be deemed to require the organization or entity not subject to suit for tort to carry liability insurance. This section provides only for a direct action against the insurer by the injured or damaged person in the event liability insurance is so carried. (2) The substance of this section shall by operation of law be a part of any liability insurance policy so carried, notwithstanding the terms of the policy itself, and any limitation in any policy restricting the right to recover to a judgment's first being obtained against a tortfeasor shall be void.

(1) Nothing in this section shall be deemed to require the organization or entity not subject to suit for tort to carry liability insurance. This section provides only for a direct action against the insurer by the injured or damaged person in the event liability insurance is so carried.

(2) The substance of this section shall by operation of law be a part of any liability insurance policy so carried, notwithstanding the terms of the policy itself, and any limitation in any policy restricting the right to recover to a judgment's first being obtained against a tortfeasor shall be void.

Acts 1959, No. 148, §§ 307-309; A.S.A. 1947, §§ 66-3240 -- 66-3242; 2007, No. 750, § 1.
Ark. Code Ann. § 23-69-504 — AR Code / Title 23 / Chapter 69 / Subchapter 5 / Section 23-69-504
Venue
Status: in_force

(a) All court proceedings brought under this subchapter shall be filed in the Pulaski County Circuit Court. (b) The court may issue any order, process, or judgment that is necessary or appropriate to carry out this subchapter. (c) This subchapter does not preclude the court from, on its own motion, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules or to prevent an abuse of power. Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.

(a) All court proceedings brought under this subchapter shall be filed in the Pulaski County Circuit Court.

(b) The court may issue any order, process, or judgment that is necessary or appropriate to carry out this subchapter.

(c) This subchapter does not preclude the court from, on its own motion, taking any action or making any determination necessary or appropriate to enforce or implement court orders or rules or to prevent an abuse of power.

Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-79-702 — AR Code / Title 23 / Chapter 79 / Subchapter 7 / Section 23-79-702
Tax credit for medically necessary medical foods and low protein modified food products
Status: in_force

(a) A credit of up to two thousand four hundred dollars ($2,400) per year per child shall be allowed to individuals or to families with a dependent child or children with phenylketonuria, galactosemia, organic acidemias, and disorders of amino acid metabolism against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for expenses for the purchase of medically necessary medical foods and low protein modified food products. (b) The credit allowed in this section shall be effective for taxable years beginning January 1, 1999. (c) To the extent that the credit fully available under this subchapter is not fully utilized in this first year, it may be carried forward for an additional two (2) years. Any credit remaining thereafter shall expire. Acts 1999, No. 1113, § 2; 2003, No. 1440, § 1.

(a) A credit of up to two thousand four hundred dollars ($2,400) per year per child shall be allowed to individuals or to families with a dependent child or children with phenylketonuria, galactosemia, organic acidemias, and disorders of amino acid metabolism against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for expenses for the purchase of medically necessary medical foods and low protein modified food products.

(b) The credit allowed in this section shall be effective for taxable years beginning January 1, 1999.

(c) To the extent that the credit fully available under this subchapter is not fully utilized in this first year, it may be carried forward for an additional two (2) years. Any credit remaining thereafter shall expire.

Acts 1999, No. 1113, § 2; 2003, No. 1440, § 1.
Ark. Code Ann. § 23-69-206 — AR Code / Title 23 / Chapter 69 / Subchapter 2 / Section 23-69-206
Restrictions on sale of equity securities
Status: in_force

(a) It shall be unlawful for any beneficial owner of more than ten percent (10%) of any class of any equity security, director, or officer, directly or indirectly, to sell any equity security of the company if the person selling the security or his or her principal: (1) Does not own the security sold; or (2) If owning the security, does not deliver it against the sale within twenty (20) days thereafter or, within five (5) days after the sale, does not deposit it in the mails or other usual channels of transportation. (b) However, no person shall be deemed to have violated this section if he or she proves that, notwithstanding the exercise of good faith, he or she was unable to make the delivery or deposit within such time, or that to do so would cause undue inconvenience or expense. Acts 1965, No. 107, § 3; A.S.A. 1947, § 66-4260.

(a) It shall be unlawful for any beneficial owner of more than ten percent (10%) of any class of any equity security, director, or officer, directly or indirectly, to sell any equity security of the company if the person selling the security or his or her principal: (1) Does not own the security sold; or (2) If owning the security, does not deliver it against the sale within twenty (20) days thereafter or, within five (5) days after the sale, does not deposit it in the mails or other usual channels of transportation.

(1) Does not own the security sold; or

(2) If owning the security, does not deliver it against the sale within twenty (20) days thereafter or, within five (5) days after the sale, does not deposit it in the mails or other usual channels of transportation.

(b) However, no person shall be deemed to have violated this section if he or she proves that, notwithstanding the exercise of good faith, he or she was unable to make the delivery or deposit within such time, or that to do so would cause undue inconvenience or expense.

Acts 1965, No. 107, § 3; A.S.A. 1947, § 66-4260.
Ark. Code Ann. § 23-86-207 — AR Code / Title 23 / Chapter 86 / Subchapter 2 / Section 23-86-207
Maintenance of records
Status: in_force

(a) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation which demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles. (b) Each small employer carrier shall file each March 1 with the Insurance Commissioner an actuarial certification that the carrier is in compliance with this section and that the rating methods of the carrier are actuarially sound. A copy of the certification shall be retained by the carrier at its principal place of business. (c) A small employer carrier shall make the information and documentation described in subsection (a) of this section available to the commissioner upon request. The information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the commissioner to persons outside of the State Insurance Department except as agreed to by the carrier or as ordered by a court of competent jurisdiction. Acts 1991, No. 1143, § 2.

(a) Each small employer carrier shall maintain at its principal place of business a complete and detailed description of its rating practices and renewal underwriting practices, including information and documentation which demonstrate that its rating methods and practices are based upon commonly accepted actuarial assumptions and are in accordance with sound actuarial principles.

(b) Each small employer carrier shall file each March 1 with the Insurance Commissioner an actuarial certification that the carrier is in compliance with this section and that the rating methods of the carrier are actuarially sound. A copy of the certification shall be retained by the carrier at its principal place of business.

(c) A small employer carrier shall make the information and documentation described in subsection (a) of this section available to the commissioner upon request. The information shall be considered proprietary and trade secret information and shall not be subject to disclosure by the commissioner to persons outside of the State Insurance Department except as agreed to by the carrier or as ordered by a court of competent jurisdiction.

Acts 1991, No. 1143, § 2.
Ark. Code Ann. § 23-86-110 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-110
Group accident and health insurance - Administration of benefits
Status: in_force

(a) (1) All group accident and health insurance carriers including hospital and medical service corporations shall be subject to the "primary" and "secondary" carrier rules promulgated by the Insurance Commissioner. (2) The secondary carrier shall administer benefits on a timely basis. (b) This section applies to group contracts of accident and health insurance sold, delivered, or issued for delivery, renewed, or offered for sale in this state. Amended by Act 2019, No. 315,§ 2744, eff. 7/24/2019. Acts 1975, No. 900, §§ 2, 3; 1981, No. 702, § 2; A.S.A. 1947, §§ 66-3710, 66-3711; Acts 2001, No. 1063, § 10; 2011, No. 760, § 15.

(a) (1) All group accident and health insurance carriers including hospital and medical service corporations shall be subject to the "primary" and "secondary" carrier rules promulgated by the Insurance Commissioner. (2) The secondary carrier shall administer benefits on a timely basis.

(1) All group accident and health insurance carriers including hospital and medical service corporations shall be subject to the "primary" and "secondary" carrier rules promulgated by the Insurance Commissioner.

(2) The secondary carrier shall administer benefits on a timely basis.

(b) This section applies to group contracts of accident and health insurance sold, delivered, or issued for delivery, renewed, or offered for sale in this state.

Amended by Act 2019, No. 315,§ 2744, eff. 7/24/2019.

Acts 1975, No. 900, §§ 2, 3; 1981, No. 702, § 2; A.S.A. 1947, §§ 66-3710, 66-3711; Acts 2001, No. 1063, § 10; 2011, No. 760, § 15.
Ark. Code Ann. § 23-4-1005 — AR Code / Title 23 / Chapter 4 / Subchapter 10 / Section 23-4-1005
Certification
Status: in_force

Upon the adoption of rules under § 23-4-1003 , the Arkansas Public Service Commission shall certify to the Federal Communications Commission that: (1) The Arkansas Public Service Commission regulates the rates, terms, and conditions of access for pole attachments; (2) In regulating the rates, terms, and conditions of access for pole attachments, the state considers the interests of the: (A) Subscribers of service offered by the pole attachments; and (B) Customers of the public utility; and (3) The Arkansas Public Service Commission has adopted rules under this subchapter that: (A) Implement the Arkansas Public Service Commission's regulatory authority; and (B) Provide that complaints heard by the Arkansas Public Service Commission under this subchapter shall be resolved: (i) Within one hundred eighty (180) days after the complaint is filed; or (ii) If the Arkansas Public Service Commission elects to extend the period, not exceeding three hundred sixty (360) days after the complaint is filed. Acts 2007, No. 740, § 1.

Upon the adoption of rules under § 23-4-1003 , the Arkansas Public Service Commission shall certify to the Federal Communications Commission that:

(1) The Arkansas Public Service Commission regulates the rates, terms, and conditions of access for pole attachments;

(2) In regulating the rates, terms, and conditions of access for pole attachments, the state considers the interests of the: (A) Subscribers of service offered by the pole attachments; and (B) Customers of the public utility; and

(A) Subscribers of service offered by the pole attachments; and

(B) Customers of the public utility; and

(3) The Arkansas Public Service Commission has adopted rules under this subchapter that: (A) Implement the Arkansas Public Service Commission's regulatory authority; and (B) Provide that complaints heard by the Arkansas Public Service Commission under this subchapter shall be resolved: (i) Within one hundred eighty (180) days after the complaint is filed; or (ii) If the Arkansas Public Service Commission elects to extend the period, not exceeding three hundred sixty (360) days after the complaint is filed.

(A) Implement the Arkansas Public Service Commission's regulatory authority; and

(B) Provide that complaints heard by the Arkansas Public Service Commission under this subchapter shall be resolved: (i) Within one hundred eighty (180) days after the complaint is filed; or (ii) If the Arkansas Public Service Commission elects to extend the period, not exceeding three hundred sixty (360) days after the complaint is filed.

(i) Within one hundred eighty (180) days after the complaint is filed; or

(ii) If the Arkansas Public Service Commission elects to extend the period, not exceeding three hundred sixty (360) days after the complaint is filed.

Acts 2007, No. 740, § 1.
Ark. Code Ann. § 23-46-606 — AR Code / Title 23 / Chapter 46 / Subchapter 6 / Section 23-46-606
Acceptance of examinations from bank supervisory agency
Status: in_force

The Bank Commissioner may accept an examination that is conducted by a bank supervisory agency that has jurisdiction over a technology service provider as a substitution for an examination under this subchapter. Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.

The Bank Commissioner may accept an examination that is conducted by a bank supervisory agency that has jurisdiction over a technology service provider as a substitution for an examination under this subchapter.

Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.
Ark. Code Ann. § 23-73-123 — AR Code / Title 23 / Chapter 73 / Section 23-73-123
Indemnification
Status: in_force

(a) A company or association may indemnify a person made or threatened to be made a party to a proceeding by reason of the former or present official capacity of the person against judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements, incurred by the person in connection with the proceeding if, with respect to the acts or omissions of the person complained of in the proceeding, the person: (1) Has not been indemnified by another organization or employee benefit plan for the same judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements incurred by the person in connection with the proceeding with respect to the same acts or omissions; (2) Acted in good faith; (3) Received no improper personal benefit; (4) In the case of a criminal proceeding, had no reasonable cause to believe the conduct was unlawful; and (5) (A) Reasonably believed that the conduct was in the best interests of the company or association, or reasonably believed that the conduct was not opposed to the best interests of the company or association. (B) If the person's acts or omissions complained of in the proceeding relate to the conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the company or association if the person reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan. (b) Insurance. A company or association may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the association, is or was serving at the request of the company or association as a director, officer, partner, trustee, employee, or agent of another organization or employee benefit plan against any liability asserted against and incurred by the person in or arising from that capacity, whether or not the company or association would have been required to indemnify the person against the liability under the provisions of this section. (c) Indemnification of Other Persons. Nothing in this section shall be construed to limit the power of the company or association to indemnify other persons by contract or otherwise. Acts 1997, No. 774, § 1.

(a) A company or association may indemnify a person made or threatened to be made a party to a proceeding by reason of the former or present official capacity of the person against judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements, incurred by the person in connection with the proceeding if, with respect to the acts or omissions of the person complained of in the proceeding, the person: (1) Has not been indemnified by another organization or employee benefit plan for the same judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements incurred by the person in connection with the proceeding with respect to the same acts or omissions; (2) Acted in good faith; (3) Received no improper personal benefit; (4) In the case of a criminal proceeding, had no reasonable cause to believe the conduct was unlawful; and (5) (A) Reasonably believed that the conduct was in the best interests of the company or association, or reasonably believed that the conduct was not opposed to the best interests of the company or association. (B) If the person's acts or omissions complained of in the proceeding relate to the conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the company or association if the person reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.

(1) Has not been indemnified by another organization or employee benefit plan for the same judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses, including attorney's fees and disbursements incurred by the person in connection with the proceeding with respect to the same acts or omissions;

(2) Acted in good faith;

(3) Received no improper personal benefit;

(4) In the case of a criminal proceeding, had no reasonable cause to believe the conduct was unlawful; and

(5) (A) Reasonably believed that the conduct was in the best interests of the company or association, or reasonably believed that the conduct was not opposed to the best interests of the company or association. (B) If the person's acts or omissions complained of in the proceeding relate to the conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the company or association if the person reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.

(A) Reasonably believed that the conduct was in the best interests of the company or association, or reasonably believed that the conduct was not opposed to the best interests of the company or association.

(B) If the person's acts or omissions complained of in the proceeding relate to the conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the company or association if the person reasonably believed that the conduct was in the best interests of the participants or beneficiaries of the employee benefit plan.

(b) Insurance. A company or association may purchase and maintain insurance on behalf of a person who is or was a director, officer, employee, or agent of the corporation or who, while a director, officer, employee, or agent of the association, is or was serving at the request of the company or association as a director, officer, partner, trustee, employee, or agent of another organization or employee benefit plan against any liability asserted against and incurred by the person in or arising from that capacity, whether or not the company or association would have been required to indemnify the person against the liability under the provisions of this section.

(c) Indemnification of Other Persons. Nothing in this section shall be construed to limit the power of the company or association to indemnify other persons by contract or otherwise.

Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-74-404 — AR Code / Title 23 / Chapter 74 / Subchapter 4 / Section 23-74-404
The benefit contract
Status: in_force

(a) (1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby. (2) The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. (3) A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. (4) All statements on the application shall be representations and not warranties. (5) Any waiver of this provision shall be void. (b) Any changes, additions, or amendments to the laws of the society, duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries and shall govern and control the benefit contract in all respects the same as though such charges, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition, or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance. (c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application. (d) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of such deficiency as ascertained by its board, and that if the payment is not made, either: (1) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (2) In lieu of or in combination with subdivision (d)(1) of this section, the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be presumed if no election is made. (e) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof. (f) (1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with the Insurance Commissioner in the manner provided for like policies issued by life insurers in this state. (2) (A) Every life, accident, health, or accident and health insurance certificate and every annuity certificate issued on or after January 1, 1991, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state except that a society may provide for a grace period for payment of premiums of one (1) full month in its certificates. (B) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate that, if violated, will result in the termination or reduction of benefits payable under the certificate. (C) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance shall have the privilege of maintaining the certificate in force by continuing payment of the required premium. (g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer, and may provide in all other respects for the regulation, government, and control of such certificates and all rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to such a transfer shall be specified in the certificate. (h) A society may specify the terms and conditions on which benefit contracts may be assigned. Acts 1989, No. 881, § 1; 2001, No. 1603, § 32.

(a) (1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby. (2) The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state. (3) A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate. (4) All statements on the application shall be representations and not warranties. (5) Any waiver of this provision shall be void.

(1) Every society authorized to do business in this state shall issue to each owner of a benefit contract a certificate specifying the amount of benefits provided thereby.

(2) The certificate, together with any riders or endorsements attached thereto, the laws of the society, the application for membership, the application for insurance and declaration of insurability, if any, signed by the applicant, and all amendments to each thereof, shall constitute the benefit contract, as of the date of issuance, between the society and the owner, and the certificate shall so state.

(3) A copy of the application for insurance and declaration of insurability, if any, shall be endorsed upon or attached to the certificate.

(4) All statements on the application shall be representations and not warranties.

(5) Any waiver of this provision shall be void.

(b) Any changes, additions, or amendments to the laws of the society, duly made or enacted subsequent to the issuance of the certificate, shall bind the owner and the beneficiaries and shall govern and control the benefit contract in all respects the same as though such charges, additions, or amendments had been made prior to and were in force at the time of the application for insurance, except that no change, addition, or amendment shall destroy or diminish benefits that the society contracted to give the owner as of the date of issuance.

(c) Any person upon whose life a benefit contract is issued prior to attaining the age of majority shall be bound by the terms of the application and certificate and by all the laws and rules of the society to the same extent as though the age of majority had been attained at the time of application.

(d) A society shall provide in its laws that if its reserves as to all or any class of certificates become impaired, its board of directors or corresponding body may require that there shall be paid by the owner to the society the amount of the owner's equitable proportion of such deficiency as ascertained by its board, and that if the payment is not made, either: (1) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or (2) In lieu of or in combination with subdivision (d)(1) of this section, the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be presumed if no election is made.

(1) It shall stand as an indebtedness against the certificate and draw interest not to exceed the rate specified for certificate loans under the certificates; or

(2) In lieu of or in combination with subdivision (d)(1) of this section, the owner may accept a proportionate reduction in benefits under the certificate. The society may specify the manner of the election and which alternative is to be presumed if no election is made.

(e) Copies of any of the documents mentioned in this section, certified by the secretary or corresponding officer of the society, shall be received in evidence of the terms and conditions thereof.

(f) (1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with the Insurance Commissioner in the manner provided for like policies issued by life insurers in this state. (2) (A) Every life, accident, health, or accident and health insurance certificate and every annuity certificate issued on or after January 1, 1991, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state except that a society may provide for a grace period for payment of premiums of one (1) full month in its certificates. (B) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate that, if violated, will result in the termination or reduction of benefits payable under the certificate. (C) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.

(1) No certificate shall be delivered or issued for delivery in this state unless a copy of the form has been filed with the Insurance Commissioner in the manner provided for like policies issued by life insurers in this state.

(2) (A) Every life, accident, health, or accident and health insurance certificate and every annuity certificate issued on or after January 1, 1991, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state except that a society may provide for a grace period for payment of premiums of one (1) full month in its certificates. (B) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate that, if violated, will result in the termination or reduction of benefits payable under the certificate. (C) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.

(A) Every life, accident, health, or accident and health insurance certificate and every annuity certificate issued on or after January 1, 1991, shall meet the standard contract provision requirements not inconsistent with this chapter for like policies issued by life insurers in this state except that a society may provide for a grace period for payment of premiums of one (1) full month in its certificates.

(B) The certificate shall also contain a provision stating the amount of premiums that are payable under the certificate and a provision reciting or setting forth the substance of any sections of the society's laws or rules in force at the time of issuance of the certificate that, if violated, will result in the termination or reduction of benefits payable under the certificate.

(C) If the laws of the society provide for expulsion or suspension of a member, the certificate shall also contain a provision that any member so expelled or suspended except for nonpayment of a premium or within the contestable period for material misrepresentation in the application for membership or insurance shall have the privilege of maintaining the certificate in force by continuing payment of the required premium.

(g) Benefit contracts issued on the lives of persons below the society's minimum age for adult membership may provide for transfer of control of ownership to the insured at an age specified in the certificate. A society may require approval of an application for membership in order to effect this transfer, and may provide in all other respects for the regulation, government, and control of such certificates and all rights, obligations, and liabilities incident thereto and connected therewith. Ownership rights prior to such a transfer shall be specified in the certificate.

(h) A society may specify the terms and conditions on which benefit contracts may be assigned.

Acts 1989, No. 881, § 1; 2001, No. 1603, § 32.
Ark. Code Ann. § 23-13-256 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-256
Identification of equipment
Status: in_force

It shall be unlawful for any common or contract carrier by motor vehicle to operate any vehicle upon the highways of this state unless there is painted, or otherwise firmly affixed, to the vehicle on both sides thereof, the name of the carrier and the certificate or permit number of the carrier. The characters composing the identification shall be of sufficient size to be clearly distinguishable at a distance of at least fifty feet (50') from the vehicle. Acts 1955, No. 397, § 24; A.S.A. 1947, § 73-1777.

It shall be unlawful for any common or contract carrier by motor vehicle to operate any vehicle upon the highways of this state unless there is painted, or otherwise firmly affixed, to the vehicle on both sides thereof, the name of the carrier and the certificate or permit number of the carrier. The characters composing the identification shall be of sufficient size to be clearly distinguishable at a distance of at least fifty feet (50') from the vehicle.

Acts 1955, No. 397, § 24; A.S.A. 1947, § 73-1777.
Ark. Code Ann. § 23-81-116 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-116
Life insurance - Holding of proceeds
Status: in_force

(a) Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth in the policy or as agreed to in writing by the insurer and the policyholder. (b) Upon maturity of a policy, by death in the event the policyholder has made no such agreement, the insurer shall have the power to hold the proceeds of the policy under an agreement with the beneficiaries. (c) The insurer shall not be required to segregate the funds so held but may hold them as part of its general assets. Acts 1959, No. 148, § 334; A.S.A. 1947, § 66-3325.

(a) Any life insurer shall have the power to hold under agreement the proceeds of any policy issued by it, upon such terms and restrictions as to revocation by the policyholder and control by beneficiaries, and with exemptions from the claims of creditors of beneficiaries other than the policyholder as set forth in the policy or as agreed to in writing by the insurer and the policyholder.

(b) Upon maturity of a policy, by death in the event the policyholder has made no such agreement, the insurer shall have the power to hold the proceeds of the policy under an agreement with the beneficiaries.

(c) The insurer shall not be required to segregate the funds so held but may hold them as part of its general assets.

Acts 1959, No. 148, § 334; A.S.A. 1947, § 66-3325.
Ark. Code Ann. § 23-13-208 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-208
General duties and powers of department
Status: in_force

It shall be the duty of the Arkansas Department of Transportation: (1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportation of baggage and express. It may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment which shall conform as nearly as may be consistent with the public interest to the systems of accounts, records, and reports and the requirements as to the preservation of records and safety of operation and equipment now prescribed or which from time to time may be prescribed by the Interstate Commerce Commission [abolished] for common carriers by motor vehicles engaged in interstate or foreign commerce; (2) To regulate contract carriers by motor vehicle as prescribed by this subchapter. To that end, the department may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment now prescribed or which may from time to time be prescribed by the Interstate Commerce Commission [abolished] for contract carriers by motor vehicles engaged in interstate or foreign commerce; (3) To regulate private carriers, as defined in this subchapter, with respect to safety of their operations and equipment; (4) To regulate brokers as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such persons; (5) To avail itself of the assistance of any of the several research agencies of the United States Government and of any agency of this state having special knowledge of any such matter, for the purpose of carrying out the provisions pertaining to safety; (6) To administer, execute, and enforce all other provisions of this subchapter, to make all necessary orders in connection therewith, and to prescribe rules and procedures for such administration; and (7) Upon complaint in writing to the department by any person, state board, organization, or body politic, or upon the department's own initiative without complaint, to investigate whether any motor carrier or broker has failed to comply with any provisions of this subchapter or with any requirements thereof. If the department finds upon investigation that the motor carrier or broker has failed to comply therewith, the department shall issue appropriate order to compel the carrier or broker to comply therewith. Whenever the department is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss that complaint. Amended by Act 2019, No. 315,§ 2421, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 185, eff. 8/1/2017. Acts 1955, No. 397, § 6; A.S.A. 1947, § 73-1759.

It shall be the duty of the Arkansas Department of Transportation:

(1) To regulate common carriers by motor vehicle as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to continuous and adequate service and transportation of baggage and express. It may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment which shall conform as nearly as may be consistent with the public interest to the systems of accounts, records, and reports and the requirements as to the preservation of records and safety of operation and equipment now prescribed or which from time to time may be prescribed by the Interstate Commerce Commission [abolished] for common carriers by motor vehicles engaged in interstate or foreign commerce;

(2) To regulate contract carriers by motor vehicle as prescribed by this subchapter. To that end, the department may establish reasonable requirements with respect to uniform systems of accounts, records, and reports, preservation of records, and safety of operation and equipment now prescribed or which may from time to time be prescribed by the Interstate Commerce Commission [abolished] for contract carriers by motor vehicles engaged in interstate or foreign commerce;

(3) To regulate private carriers, as defined in this subchapter, with respect to safety of their operations and equipment;

(4) To regulate brokers as provided in this subchapter. To that end, the department may establish reasonable requirements with respect to licensing, financial responsibility, accounts, records, reports, operations, and practices of any such persons;

(5) To avail itself of the assistance of any of the several research agencies of the United States Government and of any agency of this state having special knowledge of any such matter, for the purpose of carrying out the provisions pertaining to safety;

(6) To administer, execute, and enforce all other provisions of this subchapter, to make all necessary orders in connection therewith, and to prescribe rules and procedures for such administration; and

(7) Upon complaint in writing to the department by any person, state board, organization, or body politic, or upon the department's own initiative without complaint, to investigate whether any motor carrier or broker has failed to comply with any provisions of this subchapter or with any requirements thereof. If the department finds upon investigation that the motor carrier or broker has failed to comply therewith, the department shall issue appropriate order to compel the carrier or broker to comply therewith. Whenever the department is of the opinion that any complaint does not state reasonable grounds for investigation and action on its part, it may dismiss that complaint.

Amended by Act 2019, No. 315,§ 2421, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 185, eff. 8/1/2017.

Acts 1955, No. 397, § 6; A.S.A. 1947, § 73-1759.
Ark. Code Ann. § 23-74-302 — AR Code / Title 23 / Chapter 74 / Subchapter 3 / Section 23-74-302
Amendments to laws
Status: in_force

(a) (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof, or, if its laws so provide, by referendum. (2) The referendum may be held in accordance with the provisions of its laws and by the vote of delegates or representatives of voting members or by the vote of local lodges. (3) A society may provide for voting by mail. (4) No amendment submitted for adoption by referendum shall be adopted unless, within six (6) months from the date of the submission thereof, a majority of the members voting shall have signified their consent to the amendment by one (1) of the methods specified in this section. (b) (1) No amendment to the laws of any domestic society shall take effect unless approved by the Insurance Commissioner who shall approve the amendment if the commissioner finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. (2) Unless the commissioner disapproves any such amendment within sixty (60) days after the filing of the amendment, the amendment shall be considered approved. (3) (A) The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. (B) In case the commissioner disapproves the amendment, the reasons therefor shall be stated in the written notice. (c) (1) Within ninety (90) days from the approval thereof by the commissioner, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. (2) The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that any amendments or synopsis thereof have been duly addressed and mailed, shall be prima facie evidence that the amendments or synopsis thereof have been furnished the addressee. (d) Every foreign or alien society authorized to do business in this state shall file with the commissioner a duly certified copy of all amendments of, or additions to, its laws within ninety (90) days after the enactment of the amendments of, or additions to, its laws. (e) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof. Acts 1989, No. 881, § 1.

(a) (1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof, or, if its laws so provide, by referendum. (2) The referendum may be held in accordance with the provisions of its laws and by the vote of delegates or representatives of voting members or by the vote of local lodges. (3) A society may provide for voting by mail. (4) No amendment submitted for adoption by referendum shall be adopted unless, within six (6) months from the date of the submission thereof, a majority of the members voting shall have signified their consent to the amendment by one (1) of the methods specified in this section.

(1) A domestic society may amend its laws in accordance with the provisions thereof by action of its supreme governing body at any regular or special meeting thereof, or, if its laws so provide, by referendum.

(2) The referendum may be held in accordance with the provisions of its laws and by the vote of delegates or representatives of voting members or by the vote of local lodges.

(3) A society may provide for voting by mail.

(4) No amendment submitted for adoption by referendum shall be adopted unless, within six (6) months from the date of the submission thereof, a majority of the members voting shall have signified their consent to the amendment by one (1) of the methods specified in this section.

(b) (1) No amendment to the laws of any domestic society shall take effect unless approved by the Insurance Commissioner who shall approve the amendment if the commissioner finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society. (2) Unless the commissioner disapproves any such amendment within sixty (60) days after the filing of the amendment, the amendment shall be considered approved. (3) (A) The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. (B) In case the commissioner disapproves the amendment, the reasons therefor shall be stated in the written notice.

(1) No amendment to the laws of any domestic society shall take effect unless approved by the Insurance Commissioner who shall approve the amendment if the commissioner finds that it has been duly adopted and is not inconsistent with any requirement of the laws of this state or with the character, objects, and purposes of the society.

(2) Unless the commissioner disapproves any such amendment within sixty (60) days after the filing of the amendment, the amendment shall be considered approved.

(3) (A) The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office. (B) In case the commissioner disapproves the amendment, the reasons therefor shall be stated in the written notice.

(A) The approval or disapproval of the commissioner shall be in writing and mailed to the secretary or corresponding officer of the society at its principal office.

(B) In case the commissioner disapproves the amendment, the reasons therefor shall be stated in the written notice.

(c) (1) Within ninety (90) days from the approval thereof by the commissioner, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society. (2) The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that any amendments or synopsis thereof have been duly addressed and mailed, shall be prima facie evidence that the amendments or synopsis thereof have been furnished the addressee.

(1) Within ninety (90) days from the approval thereof by the commissioner, all such amendments, or a synopsis thereof, shall be furnished to all members of the society either by mail or by publication in full in the official publication of the society.

(2) The affidavit of any officer of the society or of anyone authorized by it to mail any amendments or synopsis thereof, stating facts which show that any amendments or synopsis thereof have been duly addressed and mailed, shall be prima facie evidence that the amendments or synopsis thereof have been furnished the addressee.

(d) Every foreign or alien society authorized to do business in this state shall file with the commissioner a duly certified copy of all amendments of, or additions to, its laws within ninety (90) days after the enactment of the amendments of, or additions to, its laws.

(e) Printed copies of the laws as amended, certified by the secretary or corresponding officer of the society, shall be prima facie evidence of the legal adoption thereof.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-2-412 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-412
Depositions
Status: in_force

The commission, any commissioner, or any party to the proceedings in any investigation or hearing before the commission may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions. Acts 1935, No. 324, § 24; Pope's Dig., § 2087; A.S.A. 1947, § 73-223.

The commission, any commissioner, or any party to the proceedings in any investigation or hearing before the commission may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for taking depositions in civil actions.

Acts 1935, No. 324, § 24; Pope's Dig., § 2087; A.S.A. 1947, § 73-223.
Ark. Code Ann. § 23-112-301 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-301
License required - Definition
Status: in_force

(a) Notwithstanding any other statute, the following acts are declared to be unlawful: (1) The violation of any of the provisions of this chapter; and (2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, manufacturer, importer, distributor, factory branch or division, distributor branch or division, factory representative, distributor representative, second-stage manufacturer, or converter, as such, in Arkansas without first obtaining a license therefor as provided in this chapter, regardless of whether or not the person maintains or has a place of business in Arkansas. (b) Any person, firm, association, corporation, or trust engaging, acting, or serving in more than one (1) of these capacities or having more than one (1) place where such a business is carried on or conducted shall be required to obtain and hold a separate and current license for each capacity and place of business. (c) (1) However, any licensed motor vehicle dealer shall not be required to obtain a license as a motor vehicle lessor for any location licensed as a motor vehicle dealer. (2) A motor vehicle lessor shall be required to obtain only one (1) motor vehicle lessor's license, regardless of the number of leasing locations he or she owns and operates but shall list each location on his or her application and pay a fee of fifty dollars ($50.00) for each location. (3) New lease locations opened after a license is issued shall be approved by the Arkansas Motor Vehicle Commission but shall not require a new license. (4) A motor vehicle lessor shall sell or offer for sale used motor vehicles only from an established place of business and only after application to, approval of, and licensure at each location by the commission. (d) (1) A person shall not engage in the business of buying, selling, or exchanging motor vehicles unless he or she: (A) Holds a valid motor vehicle dealer license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or (B) Is a bona fide employee or agent of the licensed motor vehicle dealer. (2) As used in this subsection, "engage in the business of buying, selling, or exchanging motor vehicles" means: (A) Displaying for sale motor vehicles on a lot or showroom; (B) Advertising for sale new motor vehicles regardless of the medium used; or (C) Regularly or actively soliciting buyers for motor vehicles. Amended by Act 2021, No. 1077,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 504,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 504,§ 5, eff. 7/28/2021. Acts 1975, No. 388, §§ 5, 8, 10; 1977, No. 838, § 2; 1985, No. 1032, §§ 3, 6; 1985, No. 1058, §§ 3, 6; A.S.A. 1947, §§ 75-2305, 75-2308, 75-2310; Acts 1989, No. 678, § 1; 1995, No. 568, § 4; 1997, No. 1154, § 9; 1999, No. 1042, § 2; 2001, No. 1053, § 2; 2009, No. 756, § 6.

(a) Notwithstanding any other statute, the following acts are declared to be unlawful: (1) The violation of any of the provisions of this chapter; and (2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, manufacturer, importer, distributor, factory branch or division, distributor branch or division, factory representative, distributor representative, second-stage manufacturer, or converter, as such, in Arkansas without first obtaining a license therefor as provided in this chapter, regardless of whether or not the person maintains or has a place of business in Arkansas.

(1) The violation of any of the provisions of this chapter; and

(2) For any person to engage in business as, serve in the capacity of, or act as a new motor vehicle dealer, motor vehicle lessor, manufacturer, importer, distributor, factory branch or division, distributor branch or division, factory representative, distributor representative, second-stage manufacturer, or converter, as such, in Arkansas without first obtaining a license therefor as provided in this chapter, regardless of whether or not the person maintains or has a place of business in Arkansas.

(b) Any person, firm, association, corporation, or trust engaging, acting, or serving in more than one (1) of these capacities or having more than one (1) place where such a business is carried on or conducted shall be required to obtain and hold a separate and current license for each capacity and place of business.

(c) (1) However, any licensed motor vehicle dealer shall not be required to obtain a license as a motor vehicle lessor for any location licensed as a motor vehicle dealer. (2) A motor vehicle lessor shall be required to obtain only one (1) motor vehicle lessor's license, regardless of the number of leasing locations he or she owns and operates but shall list each location on his or her application and pay a fee of fifty dollars ($50.00) for each location. (3) New lease locations opened after a license is issued shall be approved by the Arkansas Motor Vehicle Commission but shall not require a new license. (4) A motor vehicle lessor shall sell or offer for sale used motor vehicles only from an established place of business and only after application to, approval of, and licensure at each location by the commission.

(1) However, any licensed motor vehicle dealer shall not be required to obtain a license as a motor vehicle lessor for any location licensed as a motor vehicle dealer.

(2) A motor vehicle lessor shall be required to obtain only one (1) motor vehicle lessor's license, regardless of the number of leasing locations he or she owns and operates but shall list each location on his or her application and pay a fee of fifty dollars ($50.00) for each location.

(3) New lease locations opened after a license is issued shall be approved by the Arkansas Motor Vehicle Commission but shall not require a new license.

(4) A motor vehicle lessor shall sell or offer for sale used motor vehicles only from an established place of business and only after application to, approval of, and licensure at each location by the commission.

(d) (1) A person shall not engage in the business of buying, selling, or exchanging motor vehicles unless he or she: (A) Holds a valid motor vehicle dealer license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or (B) Is a bona fide employee or agent of the licensed motor vehicle dealer. (2) As used in this subsection, "engage in the business of buying, selling, or exchanging motor vehicles" means: (A) Displaying for sale motor vehicles on a lot or showroom; (B) Advertising for sale new motor vehicles regardless of the medium used; or (C) Regularly or actively soliciting buyers for motor vehicles.

(1) A person shall not engage in the business of buying, selling, or exchanging motor vehicles unless he or she: (A) Holds a valid motor vehicle dealer license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or (B) Is a bona fide employee or agent of the licensed motor vehicle dealer.

(A) Holds a valid motor vehicle dealer license issued by the commission for the makes of motor vehicles being bought, sold, or exchanged; or

(B) Is a bona fide employee or agent of the licensed motor vehicle dealer.

(2) As used in this subsection, "engage in the business of buying, selling, or exchanging motor vehicles" means: (A) Displaying for sale motor vehicles on a lot or showroom; (B) Advertising for sale new motor vehicles regardless of the medium used; or (C) Regularly or actively soliciting buyers for motor vehicles.

(A) Displaying for sale motor vehicles on a lot or showroom;

(B) Advertising for sale new motor vehicles regardless of the medium used; or

(C) Regularly or actively soliciting buyers for motor vehicles.

Amended by Act 2021, No. 1077,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 504,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 504,§ 5, eff. 7/28/2021.

Acts 1975, No. 388, §§ 5, 8, 10; 1977, No. 838, § 2; 1985, No. 1032, §§ 3, 6; 1985, No. 1058, §§ 3, 6; A.S.A. 1947, §§ 75-2305, 75-2308, 75-2310; Acts 1989, No. 678, § 1; 1995, No. 568, § 4; 1997, No. 1154, § 9; 1999, No. 1042, § 2; 2001, No. 1053, § 2; 2009, No. 756, § 6.
Ark. Code Ann. § 23-86-116 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-116
Continuation of benefits upon termination of policy
Status: in_force

(a) Every group accident and health insurance policy, contract, or certificate that provides coverage for hospital or medical services or expenses shall provide that the insurer shall continue its obligation for benefits under the policy or contract for any person insured under the policy or contract who is hospitalized on the date of termination, if the policy or contract is terminated and replaced by a group health insurance policy or contract issued by another insurer or by a self-funded healthcare plan. (b) Any payment required under this section is subject to all terms, limitations, and conditions of the policy or contract except those relating to termination of benefits. Any obligation by an insurer under this section continues until the hospital confinement ends or hospital benefits under the policy or contract are exhausted, whichever is earlier. Acts 1987, No. 253, § 1; 1989, No. 772, § 18; 2001, No. 1063, § 16.

(a) Every group accident and health insurance policy, contract, or certificate that provides coverage for hospital or medical services or expenses shall provide that the insurer shall continue its obligation for benefits under the policy or contract for any person insured under the policy or contract who is hospitalized on the date of termination, if the policy or contract is terminated and replaced by a group health insurance policy or contract issued by another insurer or by a self-funded healthcare plan.

(b) Any payment required under this section is subject to all terms, limitations, and conditions of the policy or contract except those relating to termination of benefits. Any obligation by an insurer under this section continues until the hospital confinement ends or hospital benefits under the policy or contract are exhausted, whichever is earlier.

Acts 1987, No. 253, § 1; 1989, No. 772, § 18; 2001, No. 1063, § 16.
Ark. Code Ann. § 23-112-106 — AR Code / Title 23 / Chapter 112 / Subchapter 1 / Section 23-112-106
Enforcement
Status: in_force

(a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met: (1) The commission has conducted a hearing within sixty (60) days on the matter; (2) The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or (3) The commission finds that the current civil or administrative penalties are insufficient. (b) The commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section. Amended by Act 2019, No. 315,§ 2828, eff. 7/24/2019. Acts 2003 (2nd Ex. Sess.), No. 62, § 1.

(a) The Arkansas Motor Vehicle Commission may enter orders that direct and command compliance with this chapter and rules under this chapter if any of the following conditions have been met: (1) The commission has conducted a hearing within sixty (60) days on the matter; (2) The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or (3) The commission finds that the current civil or administrative penalties are insufficient.

(1) The commission has conducted a hearing within sixty (60) days on the matter;

(2) The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or

(3) The commission finds that the current civil or administrative penalties are insufficient.

(b) The commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section.

Amended by Act 2019, No. 315,§ 2828, eff. 7/24/2019.

Acts 2003 (2nd Ex. Sess.), No. 62, § 1.
Ark. Code Ann. § 23-46-301 — AR Code / Title 23 / Chapter 46 / Subchapter 3 / Section 23-46-301
Creation - Members - Administration
Status: in_force

(a) There is created a commission which shall be known as the "State Banking Board". (b) (1) The board shall be composed of six (6) members appointed by the Governor, subject to confirmation by the Senate, for terms of five (5) years or until a successor has been appointed and qualified. (2) (A) At the time of their appointment, all members of the board shall be, and shall continue thereafter to be, residents of the State of Arkansas. (B) They shall be age thirty (30) or over. (3) Board members serving on May 30, 1997, shall continue to serve the remainder of their terms. (c) (1) (A) For purposes of filling vacancies on the board, members shall be numbered one (1) through six (6), inclusive. (B) (i) Three (3) members shall be designated banker members, two (2) members shall be designated public members, and one (1) member shall be designated as the representative of the elderly. (ii) A banker member is a person whose primary occupation is banking. A public member is a person whose primary occupation is outside the field of banking. The representative of the elderly shall be sixty (60) years of age or older and shall not be actively engaged in or retired from the occupation of banking. (C) One (1) of the banker members shall be designated the State Bank Department member, and the other two (2) shall be designated the Arkansas Bankers Association members. These positions are to be determined by lot. (2) On the occasion of a vacancy on the board of a department member, a successor shall be selected from among two (2) or more bankers whose names shall be supplied by the Bank Commissioner. (3) On the occasion of a vacancy on the board of one (1) of the Arkansas Bankers Association banker members, a successor shall be appointed by the Governor after consulting the Arkansas Bankers Association, and the appointment shall be subject to confirmation by the Senate. (4) The board shall consist of one (1) member from each of the four (4) congressional districts as prescribed in § 7-2-101 et seq., and two (2) members from the state at large, one (1) of whom shall be the representative of the elderly. (d) (1) No member of the board shall receive, directly or indirectly, any compensation or recompense for his or her services on the board. (2) Notwithstanding § 25-16-901 et seq., should any member of the board live outside the capital city of the state, he or she may, upon application to the commissioner, be reimbursed out of the income of the office of the commissioner and in the manner provided by law for the actual travel and subsistence expense as may actually have been incurred by him or her in connection with attendance at any meeting of the board. (e) The office of the commissioner shall be the office of the board. (f) The board may select as its secretary, a deputy bank commissioner, or a stenographer employed in the office of the commissioner, but no compensation shall be paid to any person whatsoever for services rendered as secretary of the board. (g) (1) Except as provided in § 23-46-402 , the presence at any meeting of at least four (4) members of the board shall be necessary to constitute a quorum, and the concurring votes of not less than a majority of the members present at any meeting shall be necessary to the decision of any question or issue or the authorization of any action. (2) The representative of the elderly shall be a full voting member. Amended by Act 2015, No. 1100,§ 56, eff. 7/22/2015. Acts 1997, No. 89, § 1.

(a) There is created a commission which shall be known as the "State Banking Board".

(b) (1) The board shall be composed of six (6) members appointed by the Governor, subject to confirmation by the Senate, for terms of five (5) years or until a successor has been appointed and qualified. (2) (A) At the time of their appointment, all members of the board shall be, and shall continue thereafter to be, residents of the State of Arkansas. (B) They shall be age thirty (30) or over. (3) Board members serving on May 30, 1997, shall continue to serve the remainder of their terms.

(1) The board shall be composed of six (6) members appointed by the Governor, subject to confirmation by the Senate, for terms of five (5) years or until a successor has been appointed and qualified.

(2) (A) At the time of their appointment, all members of the board shall be, and shall continue thereafter to be, residents of the State of Arkansas. (B) They shall be age thirty (30) or over.

(A) At the time of their appointment, all members of the board shall be, and shall continue thereafter to be, residents of the State of Arkansas.

(B) They shall be age thirty (30) or over.

(3) Board members serving on May 30, 1997, shall continue to serve the remainder of their terms.

(c) (1) (A) For purposes of filling vacancies on the board, members shall be numbered one (1) through six (6), inclusive. (B) (i) Three (3) members shall be designated banker members, two (2) members shall be designated public members, and one (1) member shall be designated as the representative of the elderly. (ii) A banker member is a person whose primary occupation is banking. A public member is a person whose primary occupation is outside the field of banking. The representative of the elderly shall be sixty (60) years of age or older and shall not be actively engaged in or retired from the occupation of banking. (C) One (1) of the banker members shall be designated the State Bank Department member, and the other two (2) shall be designated the Arkansas Bankers Association members. These positions are to be determined by lot. (2) On the occasion of a vacancy on the board of a department member, a successor shall be selected from among two (2) or more bankers whose names shall be supplied by the Bank Commissioner. (3) On the occasion of a vacancy on the board of one (1) of the Arkansas Bankers Association banker members, a successor shall be appointed by the Governor after consulting the Arkansas Bankers Association, and the appointment shall be subject to confirmation by the Senate. (4) The board shall consist of one (1) member from each of the four (4) congressional districts as prescribed in § 7-2-101 et seq., and two (2) members from the state at large, one (1) of whom shall be the representative of the elderly.

(1) (A) For purposes of filling vacancies on the board, members shall be numbered one (1) through six (6), inclusive. (B) (i) Three (3) members shall be designated banker members, two (2) members shall be designated public members, and one (1) member shall be designated as the representative of the elderly. (ii) A banker member is a person whose primary occupation is banking. A public member is a person whose primary occupation is outside the field of banking. The representative of the elderly shall be sixty (60) years of age or older and shall not be actively engaged in or retired from the occupation of banking. (C) One (1) of the banker members shall be designated the State Bank Department member, and the other two (2) shall be designated the Arkansas Bankers Association members. These positions are to be determined by lot.

(A) For purposes of filling vacancies on the board, members shall be numbered one (1) through six (6), inclusive.

(B) (i) Three (3) members shall be designated banker members, two (2) members shall be designated public members, and one (1) member shall be designated as the representative of the elderly. (ii) A banker member is a person whose primary occupation is banking. A public member is a person whose primary occupation is outside the field of banking. The representative of the elderly shall be sixty (60) years of age or older and shall not be actively engaged in or retired from the occupation of banking.

(i) Three (3) members shall be designated banker members, two (2) members shall be designated public members, and one (1) member shall be designated as the representative of the elderly.

(ii) A banker member is a person whose primary occupation is banking. A public member is a person whose primary occupation is outside the field of banking. The representative of the elderly shall be sixty (60) years of age or older and shall not be actively engaged in or retired from the occupation of banking.

(C) One (1) of the banker members shall be designated the State Bank Department member, and the other two (2) shall be designated the Arkansas Bankers Association members. These positions are to be determined by lot.

(2) On the occasion of a vacancy on the board of a department member, a successor shall be selected from among two (2) or more bankers whose names shall be supplied by the Bank Commissioner.

(3) On the occasion of a vacancy on the board of one (1) of the Arkansas Bankers Association banker members, a successor shall be appointed by the Governor after consulting the Arkansas Bankers Association, and the appointment shall be subject to confirmation by the Senate.

(4) The board shall consist of one (1) member from each of the four (4) congressional districts as prescribed in § 7-2-101 et seq., and two (2) members from the state at large, one (1) of whom shall be the representative of the elderly.

(d) (1) No member of the board shall receive, directly or indirectly, any compensation or recompense for his or her services on the board. (2) Notwithstanding § 25-16-901 et seq., should any member of the board live outside the capital city of the state, he or she may, upon application to the commissioner, be reimbursed out of the income of the office of the commissioner and in the manner provided by law for the actual travel and subsistence expense as may actually have been incurred by him or her in connection with attendance at any meeting of the board.

(1) No member of the board shall receive, directly or indirectly, any compensation or recompense for his or her services on the board.

(2) Notwithstanding § 25-16-901 et seq., should any member of the board live outside the capital city of the state, he or she may, upon application to the commissioner, be reimbursed out of the income of the office of the commissioner and in the manner provided by law for the actual travel and subsistence expense as may actually have been incurred by him or her in connection with attendance at any meeting of the board.

(e) The office of the commissioner shall be the office of the board.

(f) The board may select as its secretary, a deputy bank commissioner, or a stenographer employed in the office of the commissioner, but no compensation shall be paid to any person whatsoever for services rendered as secretary of the board.

(g) (1) Except as provided in § 23-46-402 , the presence at any meeting of at least four (4) members of the board shall be necessary to constitute a quorum, and the concurring votes of not less than a majority of the members present at any meeting shall be necessary to the decision of any question or issue or the authorization of any action. (2) The representative of the elderly shall be a full voting member.

(1) Except as provided in § 23-46-402 , the presence at any meeting of at least four (4) members of the board shall be necessary to constitute a quorum, and the concurring votes of not less than a majority of the members present at any meeting shall be necessary to the decision of any question or issue or the authorization of any action.

(2) The representative of the elderly shall be a full voting member.

Amended by Act 2015, No. 1100,§ 56, eff. 7/22/2015.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-18-606 — AR Code / Title 23 / Chapter 18 / Subchapter 6 / Section 23-18-606
Rate structure determination
Status: in_force

(a) At its discretion, an electric utility may elect to use one (1) of the following rate structures to develop rates for net-metering customers: (1) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; (ii) Commission-approved charges under § 23-18-604(c)(1)(A) to the applicable net-metering customers, including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; and (iii) Avoided cost of the electric utility to all kilowatt hours supplied to the electric utility by a net-metering customer during the applicable billing period to be credited to the total bill of the net-metering customer in a dollar value, excluding the customer charge and any applicable demand charge or minimum bill provision that the net-metering customer shall pay each month; (C) Credits the net-metering customer with any accumulated net-metering surplus as measured in dollars during the next applicable billing period; and (D) Credits the bills of the net-metering customer's other meters with the net-metering surplus measured in dollars under § 23-18-604(d)(2) ; or (2) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; and (ii) Commission-approved riders or surcharges under § 23-18-604(c)(1)(A) , including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; (C) Credits the net-metering customer with any accumulated net excess generation during the next applicable billing period; (D) Calculates the net kilowatt hours of the electric energy supplied by the electric utility to the net-metering customer, less the net excess generation and any net excess generation carried forward from prior billing periods; (E) Applies the commission-approved retail rate, except as provided in subdivision (a)(2)(B) of this section, not to exceed the kilowatt hours supplied to the net-metering customer by the electric utility during the applicable billing period; (F) Carries forward any net excess generation that exceeds the kilowatt hours supplied by the electric utility during the applicable billing period to the next billing period; (G) Excludes any net excess generation applied to another meter location of the net-metering customer under § 23-18-604(d) ; and (H) Applies the monthly grid charge under § 23-18-607 . (b) A commission shall approve the rates established by a rate structure used by an electric utility under subsection (a) of this section. Added by Act 2023, No. 278,§ 1, eff. 3/13/2023.

(a) At its discretion, an electric utility may elect to use one (1) of the following rate structures to develop rates for net-metering customers: (1) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; (ii) Commission-approved charges under § 23-18-604(c)(1)(A) to the applicable net-metering customers, including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; and (iii) Avoided cost of the electric utility to all kilowatt hours supplied to the electric utility by a net-metering customer during the applicable billing period to be credited to the total bill of the net-metering customer in a dollar value, excluding the customer charge and any applicable demand charge or minimum bill provision that the net-metering customer shall pay each month; (C) Credits the net-metering customer with any accumulated net-metering surplus as measured in dollars during the next applicable billing period; and (D) Credits the bills of the net-metering customer's other meters with the net-metering surplus measured in dollars under § 23-18-604(d)(2) ; or (2) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; and (ii) Commission-approved riders or surcharges under § 23-18-604(c)(1)(A) , including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; (C) Credits the net-metering customer with any accumulated net excess generation during the next applicable billing period; (D) Calculates the net kilowatt hours of the electric energy supplied by the electric utility to the net-metering customer, less the net excess generation and any net excess generation carried forward from prior billing periods; (E) Applies the commission-approved retail rate, except as provided in subdivision (a)(2)(B) of this section, not to exceed the kilowatt hours supplied to the net-metering customer by the electric utility during the applicable billing period; (F) Carries forward any net excess generation that exceeds the kilowatt hours supplied by the electric utility during the applicable billing period to the next billing period; (G) Excludes any net excess generation applied to another meter location of the net-metering customer under § 23-18-604(d) ; and (H) Applies the monthly grid charge under § 23-18-607 .

(1) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; (ii) Commission-approved charges under § 23-18-604(c)(1)(A) to the applicable net-metering customers, including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; and (iii) Avoided cost of the electric utility to all kilowatt hours supplied to the electric utility by a net-metering customer during the applicable billing period to be credited to the total bill of the net-metering customer in a dollar value, excluding the customer charge and any applicable demand charge or minimum bill provision that the net-metering customer shall pay each month; (C) Credits the net-metering customer with any accumulated net-metering surplus as measured in dollars during the next applicable billing period; and (D) Credits the bills of the net-metering customer's other meters with the net-metering surplus measured in dollars under § 23-18-604(d)(2) ; or

(A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period;

(i) Supplied by the electric utility to the net-metering customer; and

(ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period;

(B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; (ii) Commission-approved charges under § 23-18-604(c)(1)(A) to the applicable net-metering customers, including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; and (iii) Avoided cost of the electric utility to all kilowatt hours supplied to the electric utility by a net-metering customer during the applicable billing period to be credited to the total bill of the net-metering customer in a dollar value, excluding the customer charge and any applicable demand charge or minimum bill provision that the net-metering customer shall pay each month;

(i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ;

(ii) Commission-approved charges under § 23-18-604(c)(1)(A) to the applicable net-metering customers, including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; and

(iii) Avoided cost of the electric utility to all kilowatt hours supplied to the electric utility by a net-metering customer during the applicable billing period to be credited to the total bill of the net-metering customer in a dollar value, excluding the customer charge and any applicable demand charge or minimum bill provision that the net-metering customer shall pay each month;

(C) Credits the net-metering customer with any accumulated net-metering surplus as measured in dollars during the next applicable billing period; and

(D) Credits the bills of the net-metering customer's other meters with the net-metering surplus measured in dollars under § 23-18-604(d)(2) ; or

(2) A rate structure in which the electric utility: (A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; and (ii) Commission-approved riders or surcharges under § 23-18-604(c)(1)(A) , including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection; (C) Credits the net-metering customer with any accumulated net excess generation during the next applicable billing period; (D) Calculates the net kilowatt hours of the electric energy supplied by the electric utility to the net-metering customer, less the net excess generation and any net excess generation carried forward from prior billing periods; (E) Applies the commission-approved retail rate, except as provided in subdivision (a)(2)(B) of this section, not to exceed the kilowatt hours supplied to the net-metering customer by the electric utility during the applicable billing period; (F) Carries forward any net excess generation that exceeds the kilowatt hours supplied by the electric utility during the applicable billing period to the next billing period; (G) Excludes any net excess generation applied to another meter location of the net-metering customer under § 23-18-604(d) ; and (H) Applies the monthly grid charge under § 23-18-607 .

(A) Separately meters the electric energy, measured in kilowatt hours: (i) Supplied by the electric utility to the net-metering customer; and (ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period;

(i) Supplied by the electric utility to the net-metering customer; and

(ii) Fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period;

(B) Applies the: (i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; and (ii) Commission-approved riders or surcharges under § 23-18-604(c)(1)(A) , including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection;

(i) Commission-approved customer charge, demand charge, minimum bill provision, and other applicable commission-approved charges under § 23-18-604(c)(1)(A) ; and

(ii) Commission-approved riders or surcharges under § 23-18-604(c)(1)(A) , including without limitation any rates, riders, and surcharges applied based on the volume of kilowatt hours of electricity supplied by an electric utility pursuant to the rate structure the electric utility elects under this subsection;

(C) Credits the net-metering customer with any accumulated net excess generation during the next applicable billing period;

(D) Calculates the net kilowatt hours of the electric energy supplied by the electric utility to the net-metering customer, less the net excess generation and any net excess generation carried forward from prior billing periods;

(E) Applies the commission-approved retail rate, except as provided in subdivision (a)(2)(B) of this section, not to exceed the kilowatt hours supplied to the net-metering customer by the electric utility during the applicable billing period;

(F) Carries forward any net excess generation that exceeds the kilowatt hours supplied by the electric utility during the applicable billing period to the next billing period;

(G) Excludes any net excess generation applied to another meter location of the net-metering customer under § 23-18-604(d) ; and

(H) Applies the monthly grid charge under § 23-18-607 .

(b) A commission shall approve the rates established by a rate structure used by an electric utility under subsection (a) of this section.

Added by Act 2023, No. 278,§ 1, eff. 3/13/2023.
Ark. Code Ann. § 23-14-119 — AR Code / Title 23 / Chapter 14 / Section 23-14-119
Extension of service
Status: in_force

The Arkansas Department of Transportation after due notice and hearing may require any certificate holder to extend its existing service as required by the public convenience and necessity. Amended by Act 2017, No. 707,§ 247, eff. 8/1/2017. Acts 1945, No. 252, § 10; A.S.A. 1947, § 74-411.

The Arkansas Department of Transportation after due notice and hearing may require any certificate holder to extend its existing service as required by the public convenience and necessity.

Amended by Act 2017, No. 707,§ 247, eff. 8/1/2017.

Acts 1945, No. 252, § 10; A.S.A. 1947, § 74-411.
Ark. Code Ann. § 23-69-311 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-311
Continuation of corporate existence
Status: in_force

Corporate existence of a mutual insurer reorganizing under this subchapter shall not terminate, but the reorganized stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized. Acts 2001, No. 1726, § 1.

Corporate existence of a mutual insurer reorganizing under this subchapter shall not terminate, but the reorganized stock insurer shall be deemed to be a continuation of the mutual insurer and to have been organized on the date the mutual insurer was originally organized.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-86-306 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-306
Prohibiting discrimination against individual participants and beneficiaries based on health status
Status: in_force

(a) Ineligibility to Enroll. (1) In General. Subject to subdivision (a)(2) of this section, a group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan may not establish rules for eligibility including continued eligibility of any individual to enroll under the terms of the group health plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability including conditions arising out of acts of domestic violence; or (H) Disability. (2) No Application to Benefits or Exclusions. To the extent consistent with § 23-86-304, subdivision (a)(1) of this section shall not be construed: (A) To require a group health plan or group health insurance coverage to provide particular benefits other than those provided under the terms of such a group health plan or group health insurance coverage; or (B) To prevent such a group health plan or group health insurance coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the group health plan or group health insurance coverage. (3) Construction. For purposes of subdivision (a)(1) of this section, rules for eligibility to enroll under a group health plan include rules defining any applicable waiting periods for such enrollment. (b) In Premium Contributions. (1) In General. A group health plan and a health insurance issuer offering health insurance coverage in connection with a group health plan may not require any individual as a condition of enrollment or continued enrollment under the group health plan to pay a premium or contribution which is greater than the premium or contribution for a similarly situated individual enrolled in the group health plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the group health plan as a dependent of the individual. (2) Construction. Nothing in subdivision (b)(1) of this section shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan and a health insurance issuer offering group health insurance coverage from establishing otherwise lawful premium discounts, rebates, or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention. Acts 1997, No. 997, § 1.

(a) Ineligibility to Enroll. (1) In General. Subject to subdivision (a)(2) of this section, a group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan may not establish rules for eligibility including continued eligibility of any individual to enroll under the terms of the group health plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability including conditions arising out of acts of domestic violence; or (H) Disability. (2) No Application to Benefits or Exclusions. To the extent consistent with § 23-86-304, subdivision (a)(1) of this section shall not be construed: (A) To require a group health plan or group health insurance coverage to provide particular benefits other than those provided under the terms of such a group health plan or group health insurance coverage; or (B) To prevent such a group health plan or group health insurance coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the group health plan or group health insurance coverage. (3) Construction. For purposes of subdivision (a)(1) of this section, rules for eligibility to enroll under a group health plan include rules defining any applicable waiting periods for such enrollment.

(1) In General. Subject to subdivision (a)(2) of this section, a group health plan and a health insurance issuer offering group health insurance coverage in connection with a group health plan may not establish rules for eligibility including continued eligibility of any individual to enroll under the terms of the group health plan based on any of the following health status-related factors in relation to the individual or a dependent of the individual: (A) Health status; (B) Medical condition, including both physical and mental illnesses; (C) Claims experience; (D) Receipt of health care; (E) Medical history; (F) Genetic information; (G) Evidence of insurability including conditions arising out of acts of domestic violence; or (H) Disability.

(A) Health status;

(B) Medical condition, including both physical and mental illnesses;

(C) Claims experience;

(D) Receipt of health care;

(E) Medical history;

(F) Genetic information;

(G) Evidence of insurability including conditions arising out of acts of domestic violence; or

(H) Disability.

(2) No Application to Benefits or Exclusions. To the extent consistent with § 23-86-304, subdivision (a)(1) of this section shall not be construed: (A) To require a group health plan or group health insurance coverage to provide particular benefits other than those provided under the terms of such a group health plan or group health insurance coverage; or (B) To prevent such a group health plan or group health insurance coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the group health plan or group health insurance coverage.

(A) To require a group health plan or group health insurance coverage to provide particular benefits other than those provided under the terms of such a group health plan or group health insurance coverage; or

(B) To prevent such a group health plan or group health insurance coverage from establishing limitations or restrictions on the amount, level, extent, or nature of the benefits or coverage for similarly situated individuals enrolled in the group health plan or group health insurance coverage.

(3) Construction. For purposes of subdivision (a)(1) of this section, rules for eligibility to enroll under a group health plan include rules defining any applicable waiting periods for such enrollment.

(b) In Premium Contributions. (1) In General. A group health plan and a health insurance issuer offering health insurance coverage in connection with a group health plan may not require any individual as a condition of enrollment or continued enrollment under the group health plan to pay a premium or contribution which is greater than the premium or contribution for a similarly situated individual enrolled in the group health plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the group health plan as a dependent of the individual. (2) Construction. Nothing in subdivision (b)(1) of this section shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan and a health insurance issuer offering group health insurance coverage from establishing otherwise lawful premium discounts, rebates, or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.

(1) In General. A group health plan and a health insurance issuer offering health insurance coverage in connection with a group health plan may not require any individual as a condition of enrollment or continued enrollment under the group health plan to pay a premium or contribution which is greater than the premium or contribution for a similarly situated individual enrolled in the group health plan on the basis of any health status-related factor in relation to the individual or to an individual enrolled under the group health plan as a dependent of the individual.

(2) Construction. Nothing in subdivision (b)(1) of this section shall be construed to: (A) Restrict the amount that an employer may be charged for coverage under a group health plan; or (B) Prevent a group health plan and a health insurance issuer offering group health insurance coverage from establishing otherwise lawful premium discounts, rebates, or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.

(A) Restrict the amount that an employer may be charged for coverage under a group health plan; or

(B) Prevent a group health plan and a health insurance issuer offering group health insurance coverage from establishing otherwise lawful premium discounts, rebates, or modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention.

Acts 1997, No. 997, § 1.
Ark. Code Ann. § 23-66-308 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-308
Rebates, discounts, abatements, etc
Status: in_force

(a) No property, casualty, or surety insurer or any employee thereof and no broker, agent, or solicitor shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever not specified in the policy except to the extent provided for in an applicable filing with the Insurance Commissioner as provided by law. (b) No insured named in a policy, nor any employee of the insured, shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement. (c) This section shall not be construed as prohibiting: (1) The payment of commissions or other compensation to licensed agents, brokers, or solicitors; (2) An insurer from allowing or returning to its participating policyholders, members, or subscribers any dividends, savings, or unabsorbed premium deposits; (3) A licensed insurance consultant who is also a licensed producer from adjusting or refunding to his or her clients any part of a consulting fee under a prior written agreement with a client paying total annual premiums, for all lines of business, of one hundred thousand dollars ($100,000) or more based on commissions received by the consultant from insurers; or (4) Token gifts of one hundred dollars ($100) or less in wholesale value that are used for advertisement purposes, including without limitation pens, calendars, notebooks, and other items. (d) This section does not include within the definition of rebates or otherwise prohibit the practice of engaging in an arrangement that would not violate section 106 of the Bank Holding Company Act Amendments of 1972, 12 U.S.C. § 1972 , as interpreted by the Board of Governors of the Federal Reserve System, or section 1464(q) of the Home Owners' Loan Act, 12 U.S.C. § 1461 et seq. (e) The commissioner may promulgate rules to implement this section. Amended by Act 2023, No. 337,§ 2, eff. 8/1/2023. Acts 1959, No. 148, § 226; A.S.A. 1947, § 66-3019; Acts 2003, No. 1747, § 7; 2011, No. 797, §§ 2, 3.

(a) No property, casualty, or surety insurer or any employee thereof and no broker, agent, or solicitor shall pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, as an inducement to insure or after insurance has been effected, any rebate, discount, abatement, credit, or reduction of the premium named in a policy of insurance, or any special favor or advantage in the dividends or other benefits to accrue thereon, or any valuable consideration or inducement whatever not specified in the policy except to the extent provided for in an applicable filing with the Insurance Commissioner as provided by law.

(b) No insured named in a policy, nor any employee of the insured, shall knowingly receive or accept, directly or indirectly, any such rebate, discount, abatement, credit, or reduction of premium, or any special favor or advantage or valuable consideration or inducement.

(c) This section shall not be construed as prohibiting: (1) The payment of commissions or other compensation to licensed agents, brokers, or solicitors; (2) An insurer from allowing or returning to its participating policyholders, members, or subscribers any dividends, savings, or unabsorbed premium deposits; (3) A licensed insurance consultant who is also a licensed producer from adjusting or refunding to his or her clients any part of a consulting fee under a prior written agreement with a client paying total annual premiums, for all lines of business, of one hundred thousand dollars ($100,000) or more based on commissions received by the consultant from insurers; or (4) Token gifts of one hundred dollars ($100) or less in wholesale value that are used for advertisement purposes, including without limitation pens, calendars, notebooks, and other items.

(1) The payment of commissions or other compensation to licensed agents, brokers, or solicitors;

(2) An insurer from allowing or returning to its participating policyholders, members, or subscribers any dividends, savings, or unabsorbed premium deposits;

(3) A licensed insurance consultant who is also a licensed producer from adjusting or refunding to his or her clients any part of a consulting fee under a prior written agreement with a client paying total annual premiums, for all lines of business, of one hundred thousand dollars ($100,000) or more based on commissions received by the consultant from insurers; or

(4) Token gifts of one hundred dollars ($100) or less in wholesale value that are used for advertisement purposes, including without limitation pens, calendars, notebooks, and other items.

(d) This section does not include within the definition of rebates or otherwise prohibit the practice of engaging in an arrangement that would not violate section 106 of the Bank Holding Company Act Amendments of 1972, 12 U.S.C. § 1972 , as interpreted by the Board of Governors of the Federal Reserve System, or section 1464(q) of the Home Owners' Loan Act, 12 U.S.C. § 1461 et seq.

(e) The commissioner may promulgate rules to implement this section.

Amended by Act 2023, No. 337,§ 2, eff. 8/1/2023.

Acts 1959, No. 148, § 226; A.S.A. 1947, § 66-3019; Acts 2003, No. 1747, § 7; 2011, No. 797, §§ 2, 3.
Ark. Code Ann. § 23-79-121 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-121
Delivery of policy
Status: in_force

(a) (1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled to receive it, within a reasonable period of time after its issuance, except when a condition required by the insurer has not been met. (2) (A) The insurer may mail or deliver an electronic copy of the policy to the insured or to the person entitled to receive it. (B) The insurer shall retain the electronic transmittal and an electronic or imaged copy of the policy as a part of the insurer's records. (b) (1) In the event the original policy is delivered or is required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any property or motor vehicle and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to the property or vehicle is insured, then a duplicate of the policy, or a certificate of insurance setting forth the name and address of the insurer, insurance classification in the case of a vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same information, shall be delivered by the agent through whom the insurance was procured to each vendee, mortgagor, or pledgor named in the policy. (2) No insurer shall have any responsibility or liability with respect to compliance or noncompliance with any requirement of this subsection. (3) This subsection does not apply to insurance of aircraft. Acts 1959, No. 148, § 287; A.S.A. 1947, § 66-3220; Acts 2005, No. 506, § 39.

(a) (1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled to receive it, within a reasonable period of time after its issuance, except when a condition required by the insurer has not been met. (2) (A) The insurer may mail or deliver an electronic copy of the policy to the insured or to the person entitled to receive it. (B) The insurer shall retain the electronic transmittal and an electronic or imaged copy of the policy as a part of the insurer's records.

(1) Subject to the insurer's requirements as to payment of premium, every policy shall be mailed or delivered to the insured or to the person entitled to receive it, within a reasonable period of time after its issuance, except when a condition required by the insurer has not been met.

(2) (A) The insurer may mail or deliver an electronic copy of the policy to the insured or to the person entitled to receive it. (B) The insurer shall retain the electronic transmittal and an electronic or imaged copy of the policy as a part of the insurer's records.

(A) The insurer may mail or deliver an electronic copy of the policy to the insured or to the person entitled to receive it.

(B) The insurer shall retain the electronic transmittal and an electronic or imaged copy of the policy as a part of the insurer's records.

(b) (1) In the event the original policy is delivered or is required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any property or motor vehicle and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to the property or vehicle is insured, then a duplicate of the policy, or a certificate of insurance setting forth the name and address of the insurer, insurance classification in the case of a vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same information, shall be delivered by the agent through whom the insurance was procured to each vendee, mortgagor, or pledgor named in the policy. (2) No insurer shall have any responsibility or liability with respect to compliance or noncompliance with any requirement of this subsection. (3) This subsection does not apply to insurance of aircraft.

(1) In the event the original policy is delivered or is required to be delivered to or for deposit with any vendor, mortgagee, or pledgee of any property or motor vehicle and in which policy any interest of the vendee, mortgagor, or pledgor in or with reference to the property or vehicle is insured, then a duplicate of the policy, or a certificate of insurance setting forth the name and address of the insurer, insurance classification in the case of a vehicle, type of coverage, limits of liability, premiums for the respective coverages, and duration of the policy, or memorandum thereof containing the same information, shall be delivered by the agent through whom the insurance was procured to each vendee, mortgagor, or pledgor named in the policy.

(2) No insurer shall have any responsibility or liability with respect to compliance or noncompliance with any requirement of this subsection.

(3) This subsection does not apply to insurance of aircraft.

Acts 1959, No. 148, § 287; A.S.A. 1947, § 66-3220; Acts 2005, No. 506, § 39.
Ark. Code Ann. § 23-47-801 — AR Code / Title 23 / Chapter 47 / Subchapter 8 / Section 23-47-801
Definitions
Status: in_force

For purposes of this subchapter, "affiliated bank" means a bank, having authority to conduct trust business and business incidental to trust business within this state, more than fifty percent (50%) of the voting stock of which is owned directly or indirectly by: (1) The same bank holding company that owns, directly or indirectly, more than fifty percent (50%) of the voting stock of a subsidiary trust company or national trust company; or (2) The same five (5) or fewer persons who are individuals, estates, or trusts that own directly or indirectly more than fifty percent (50%) of the voting stock of the bank holding company described in subdivision (1) of this section, taking into account the stock ownership of each such person only to the extent the ownership is identical with respect to each of the bank and the bank holding company. Acts 1997, No. 89, § 1; 1997, No. 408, § 7.

For purposes of this subchapter, "affiliated bank" means a bank, having authority to conduct trust business and business incidental to trust business within this state, more than fifty percent (50%) of the voting stock of which is owned directly or indirectly by:

(1) The same bank holding company that owns, directly or indirectly, more than fifty percent (50%) of the voting stock of a subsidiary trust company or national trust company; or

(2) The same five (5) or fewer persons who are individuals, estates, or trusts that own directly or indirectly more than fifty percent (50%) of the voting stock of the bank holding company described in subdivision (1) of this section, taking into account the stock ownership of each such person only to the extent the ownership is identical with respect to each of the bank and the bank holding company.

Acts 1997, No. 89, § 1; 1997, No. 408, § 7.
Ark. Code Ann. § 23-37-207 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-207
Supervisor's powers and duties generally
Status: in_force

(a) The Supervisor of Savings and Loan Associations shall have general supervision of associations doing business in this state and shall be charged with the execution of the laws of this state relating to those associations. (b) In order to fulfill his or her responsibilities, the supervisor shall have the following powers, duties, limitations, and functions: (1) He or she shall have all the rights, powers, and privileges heretofore vested in the Savings and Loan Association Board [abolished] and be subject to all duties to which the Savings and Loan Association Board [abolished] was heretofore subject; (2) He or she shall, in such coordination with the Federal Home Loan Bank Board [abolished], the Federal Deposit Insurance Corporation, and other federal and state regulatory authorities as he or she deems appropriate, provide for the orderly examination and supervision of associations regulated by this chapter. All federal records, documents, and examinations received by the supervisor are not public unless released by the appropriate federal agency; and (3) He or she, or any designated assistant, shall hear all applications for charters for new associations, all protested applications for new branches, those matters concerning a protested move of the home office or a branch office, any conversion application by an association, and all other administrative matters under this chapter. Administrative decisions of the supervisor are subject to appeal as set forth in § 23-37-214 . (c) (1) The supervisor, after public hearing, notice of which has been given to every association in the state, shall have power and authority to issue rules governing the operation of associations in a manner consistent with this chapter and other applicable Arkansas laws. In addition, he or she shall have the power to make and promulgate any forms which are necessary for the administration of this chapter. (2) These rules may from time to time be amended, modified, or repealed by the Savings and Loan Association Board [abolished] and shall have uniform application to all associations subject to the provisions of this chapter. (d) Any person affected or who may be affected by an action of the supervisor shall be given the opportunity of appearing and presenting evidence before the supervisor. Amended by Act 2019, No. 315,§ 2494, eff. 7/24/2019. Acts 1963, No. 227, §§ 2, 12; 1979, No. 361, § 2; A.S.A. 1947, §§ 67-1802, 67-1812; Acts 1997, No. 258, § 5.

(a) The Supervisor of Savings and Loan Associations shall have general supervision of associations doing business in this state and shall be charged with the execution of the laws of this state relating to those associations.

(b) In order to fulfill his or her responsibilities, the supervisor shall have the following powers, duties, limitations, and functions: (1) He or she shall have all the rights, powers, and privileges heretofore vested in the Savings and Loan Association Board [abolished] and be subject to all duties to which the Savings and Loan Association Board [abolished] was heretofore subject; (2) He or she shall, in such coordination with the Federal Home Loan Bank Board [abolished], the Federal Deposit Insurance Corporation, and other federal and state regulatory authorities as he or she deems appropriate, provide for the orderly examination and supervision of associations regulated by this chapter. All federal records, documents, and examinations received by the supervisor are not public unless released by the appropriate federal agency; and (3) He or she, or any designated assistant, shall hear all applications for charters for new associations, all protested applications for new branches, those matters concerning a protested move of the home office or a branch office, any conversion application by an association, and all other administrative matters under this chapter. Administrative decisions of the supervisor are subject to appeal as set forth in § 23-37-214 .

(1) He or she shall have all the rights, powers, and privileges heretofore vested in the Savings and Loan Association Board [abolished] and be subject to all duties to which the Savings and Loan Association Board [abolished] was heretofore subject;

(2) He or she shall, in such coordination with the Federal Home Loan Bank Board [abolished], the Federal Deposit Insurance Corporation, and other federal and state regulatory authorities as he or she deems appropriate, provide for the orderly examination and supervision of associations regulated by this chapter. All federal records, documents, and examinations received by the supervisor are not public unless released by the appropriate federal agency; and

(3) He or she, or any designated assistant, shall hear all applications for charters for new associations, all protested applications for new branches, those matters concerning a protested move of the home office or a branch office, any conversion application by an association, and all other administrative matters under this chapter. Administrative decisions of the supervisor are subject to appeal as set forth in § 23-37-214 .

(c) (1) The supervisor, after public hearing, notice of which has been given to every association in the state, shall have power and authority to issue rules governing the operation of associations in a manner consistent with this chapter and other applicable Arkansas laws. In addition, he or she shall have the power to make and promulgate any forms which are necessary for the administration of this chapter. (2) These rules may from time to time be amended, modified, or repealed by the Savings and Loan Association Board [abolished] and shall have uniform application to all associations subject to the provisions of this chapter.

(1) The supervisor, after public hearing, notice of which has been given to every association in the state, shall have power and authority to issue rules governing the operation of associations in a manner consistent with this chapter and other applicable Arkansas laws. In addition, he or she shall have the power to make and promulgate any forms which are necessary for the administration of this chapter.

(2) These rules may from time to time be amended, modified, or repealed by the Savings and Loan Association Board [abolished] and shall have uniform application to all associations subject to the provisions of this chapter.

(d) Any person affected or who may be affected by an action of the supervisor shall be given the opportunity of appearing and presenting evidence before the supervisor.

Amended by Act 2019, No. 315,§ 2494, eff. 7/24/2019.

Acts 1963, No. 227, §§ 2, 12; 1979, No. 361, § 2; A.S.A. 1947, §§ 67-1802, 67-1812; Acts 1997, No. 258, § 5.
Ark. Code Ann. § 23-115-408 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-408
Video lotteries by institution or facility governed by other wagering laws prohibited
Status: in_force

This chapter does not permit the use of a video lottery for any purposes by any institution or facility governed by the: (1) Arkansas Horse Racing Law, § 23-110-101 et seq.; (2) Arkansas Greyhound Racing Law, § 23-111-101 et seq.; or (3) Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

This chapter does not permit the use of a video lottery for any purposes by any institution or facility governed by the:

(1) Arkansas Horse Racing Law, § 23-110-101 et seq.;

(2) Arkansas Greyhound Racing Law, § 23-111-101 et seq.; or

(3) Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act, § 23-113-101 et seq.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-68-110 — AR Code / Title 23 / Chapter 68 / Section 23-68-110
Order of rehabilitation
Status: in_force

(a) An order to rehabilitate a domestic insurer shall direct the Insurance Commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct. (b) If at any time the commissioner deems that further efforts to rehabilitate the insurer would be useless, he or she may apply to the court for an order of liquidation. (c) The commissioner, or any interested person upon due notice to the commissioner, at any time may apply to the court for an order terminating the rehabilitation proceedings and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be made or entered except when, after a hearing, the court has determined that the purposes of the proceeding have been fully accomplished. Acts 1959, No. 148, § 647; A.S.A. 1947, § 66-4810.

(a) An order to rehabilitate a domestic insurer shall direct the Insurance Commissioner forthwith to take possession of the property of the insurer and to conduct the business thereof, and to take such steps toward removal of the causes and conditions which have made rehabilitation necessary as the court may direct.

(b) If at any time the commissioner deems that further efforts to rehabilitate the insurer would be useless, he or she may apply to the court for an order of liquidation.

(c) The commissioner, or any interested person upon due notice to the commissioner, at any time may apply to the court for an order terminating the rehabilitation proceedings and permitting the insurer to resume possession of its property and the conduct of its business, but no such order shall be made or entered except when, after a hearing, the court has determined that the purposes of the proceeding have been fully accomplished.

Acts 1959, No. 148, § 647; A.S.A. 1947, § 66-4810.
Ark. Code Ann. § 23-49-101 — AR Code / Title 23 / Chapter 49 / Section 23-49-101
Definitions
Status: in_force

As used in this chapter: (1) "Circuit court" means the court with which the State Bank Department has filed the notice of possession under this chapter. The circuit court will make a determination for sale of assets only and not a determination of whether or not to take charge of an institution under the Bank Commissioner's supervision; (2) "Federal deposit insurance agency" means an agency or instrumentality of the United States that insures to any extent the deposits of a depository institution, including the Federal Deposit Insurance Corporation; (3) "Insolvent institution" means an institution that: (A) Is, in the opinion of the commissioner, incapable of or unlikely to meet the demands of creditors or depositors on a timely basis; (B) Has liabilities in excess of the total value of its assets as determined by the commissioner; or (C) Has been advised by the Federal Deposit Insurance Corporation of the Federal Deposit Insurance Corporation's intention to withdraw deposit insurance coverage; and (4) "Institution" means a state bank, state trust company, or subsidiary trust company. Acts 1997, No. 89, § 1; 1997, No. 940, § 113.

As used in this chapter:

(1) "Circuit court" means the court with which the State Bank Department has filed the notice of possession under this chapter. The circuit court will make a determination for sale of assets only and not a determination of whether or not to take charge of an institution under the Bank Commissioner's supervision;

(2) "Federal deposit insurance agency" means an agency or instrumentality of the United States that insures to any extent the deposits of a depository institution, including the Federal Deposit Insurance Corporation;

(3) "Insolvent institution" means an institution that: (A) Is, in the opinion of the commissioner, incapable of or unlikely to meet the demands of creditors or depositors on a timely basis; (B) Has liabilities in excess of the total value of its assets as determined by the commissioner; or (C) Has been advised by the Federal Deposit Insurance Corporation of the Federal Deposit Insurance Corporation's intention to withdraw deposit insurance coverage; and

(A) Is, in the opinion of the commissioner, incapable of or unlikely to meet the demands of creditors or depositors on a timely basis;

(B) Has liabilities in excess of the total value of its assets as determined by the commissioner; or

(C) Has been advised by the Federal Deposit Insurance Corporation of the Federal Deposit Insurance Corporation's intention to withdraw deposit insurance coverage; and

(4) "Institution" means a state bank, state trust company, or subsidiary trust company.

Acts 1997, No. 89, § 1; 1997, No. 940, § 113.
Ark. Code Ann. § 23-66-210 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-210
Cease and desist and penalty orders - Modifications
Status: in_force

(a) If after the hearing the Insurance Commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce his or her findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from engaging in the method of competition, act, or practice, and, if the act or practice is a violation of § 23-66-206 or § 23-66-312 , the commissioner may at his or her discretion order any one (1) or more of the following: (1) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each and every act or violation but not to exceed an aggregate penalty of ten thousand dollars ($10,000) unless the person knew or reasonably should have known he or she was in violation of this subchapter. In this case, the penalty shall be not more than five thousand dollars ($5,000) for each and every act or violation but in an amount not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period; or (2) Suspension or revocation of the person's license, if he or she knew or reasonably should have known he or she was in violation of this chapter. (b) Until the expiration of the time allowed under § 23-66-212(a) for filing a petition for review by appeal if no petition has been filed within the time or, if a petition for review has been filed within the time, then until the transcript of the record in the proceeding has been filed in the circuit court, as provided in § 23-66-212 , the commissioner may at any time, upon such notice and in such manner as the commissioner shall deem proper, modify or set aside in whole or in part any order issued by him or her under this section. (c) After the expiration of the time allowed for filing a petition for review if no petition has been filed within the time, the commissioner may at any time after notice and opportunity for hearing reopen and alter, modify, or set aside, in whole or in part, any order issued by him or her under this section whenever, in his or her opinion, conditions of fact or of law have so changed as to require that action, or if the public interest shall so require. (d) If the person who has engaged in an unfair method of competition or an unfair or deceptive act or practice under subsection (a) of this section is a depository institution, the commissioner shall: (1) If practicable, notify the appropriate bank regulatory agency before: (A) Imposing a monetary penalty on the depository institution; or (B) Suspending or revoking the depository institution's insurer's license; and (2) Provide to the appropriate bank regulatory agency a copy of the findings. Acts 1959, No. 148, § 215; 1973, No. 41, § 4; 1981, No. 809, § 10; A.S.A. 1947, § 66-3008; Acts 2003, No. 1747, § 6.

(a) If after the hearing the Insurance Commissioner shall determine that the person charged has engaged in an unfair method of competition or an unfair or deceptive act or practice, the commissioner shall reduce his or her findings to writing and shall issue and cause to be served upon the person charged with the violation a copy of the findings and an order requiring the person to cease and desist from engaging in the method of competition, act, or practice, and, if the act or practice is a violation of § 23-66-206 or § 23-66-312 , the commissioner may at his or her discretion order any one (1) or more of the following: (1) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each and every act or violation but not to exceed an aggregate penalty of ten thousand dollars ($10,000) unless the person knew or reasonably should have known he or she was in violation of this subchapter. In this case, the penalty shall be not more than five thousand dollars ($5,000) for each and every act or violation but in an amount not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period; or (2) Suspension or revocation of the person's license, if he or she knew or reasonably should have known he or she was in violation of this chapter.

(1) Payment of a monetary penalty of not more than one thousand dollars ($1,000) for each and every act or violation but not to exceed an aggregate penalty of ten thousand dollars ($10,000) unless the person knew or reasonably should have known he or she was in violation of this subchapter. In this case, the penalty shall be not more than five thousand dollars ($5,000) for each and every act or violation but in an amount not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period; or

(2) Suspension or revocation of the person's license, if he or she knew or reasonably should have known he or she was in violation of this chapter.

(b) Until the expiration of the time allowed under § 23-66-212(a) for filing a petition for review by appeal if no petition has been filed within the time or, if a petition for review has been filed within the time, then until the transcript of the record in the proceeding has been filed in the circuit court, as provided in § 23-66-212 , the commissioner may at any time, upon such notice and in such manner as the commissioner shall deem proper, modify or set aside in whole or in part any order issued by him or her under this section.

(c) After the expiration of the time allowed for filing a petition for review if no petition has been filed within the time, the commissioner may at any time after notice and opportunity for hearing reopen and alter, modify, or set aside, in whole or in part, any order issued by him or her under this section whenever, in his or her opinion, conditions of fact or of law have so changed as to require that action, or if the public interest shall so require.

(d) If the person who has engaged in an unfair method of competition or an unfair or deceptive act or practice under subsection (a) of this section is a depository institution, the commissioner shall: (1) If practicable, notify the appropriate bank regulatory agency before: (A) Imposing a monetary penalty on the depository institution; or (B) Suspending or revoking the depository institution's insurer's license; and (2) Provide to the appropriate bank regulatory agency a copy of the findings.

(1) If practicable, notify the appropriate bank regulatory agency before: (A) Imposing a monetary penalty on the depository institution; or (B) Suspending or revoking the depository institution's insurer's license; and

(A) Imposing a monetary penalty on the depository institution; or

(B) Suspending or revoking the depository institution's insurer's license; and

(2) Provide to the appropriate bank regulatory agency a copy of the findings.

Acts 1959, No. 148, § 215; 1973, No. 41, § 4; 1981, No. 809, § 10; A.S.A. 1947, § 66-3008; Acts 2003, No. 1747, § 6.
Ark. Code Ann. § 23-111-402 — AR Code / Title 23 / Chapter 111 / Subchapter 4 / Section 23-111-402
Definition
Status: in_force

For the purposes of §§ 23-111-401 , 23-111-403 - 23-111-405 , and 23-111-407 - 23-111-409 , "principal stockholder" means every stockholder, either individual, partnership, association, or corporation, owning or having control of ten percent (10%) or more of the outstanding stock of a corporation which is an applicant for, or holder of, a franchise to conduct dog racing in this state. Acts 1968 (2nd Ex. Sess.), No. 8, § 4; A.S.A. 1947, § 84-2823.4.

For the purposes of §§ 23-111-401 , 23-111-403 - 23-111-405 , and 23-111-407 - 23-111-409 , "principal stockholder" means every stockholder, either individual, partnership, association, or corporation, owning or having control of ten percent (10%) or more of the outstanding stock of a corporation which is an applicant for, or holder of, a franchise to conduct dog racing in this state.

Acts 1968 (2nd Ex. Sess.), No. 8, § 4; A.S.A. 1947, § 84-2823.4.
Ark. Code Ann. § 23-46-204 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-204
Bank Commissioner - Appointment and removal
Status: in_force

(a) The Governor, by and with the advice and consent of the Senate, shall appoint a Bank Commissioner who shall: (1) Be a resident of this state; (2) Be at least thirty (30) years of age; and (3) Have not less than five (5) years' experience either in practical banking or in the bank department of a state. (b) The commissioner shall be the head of the State Bank Department and shall hold his or her office for the term of four (4) years beginning from the date of actual appointment by the Governor and expiring four (4) years from that date and until a successor is appointed. (c) The commissioner may be removed by the Governor from office for neglect of duty, malfeasance, misfeasance, extortion or corruption in office, incompetency, or mental or physical disability to such an extreme as to render the commissioner unable or unfit for the discharge of his or her duties, or for any offense involving moral turpitude while in office committed under color of or connected with such an office. (d) In the event there shall be an inability to serve in the office caused by death, suspension, removal, disability, disqualification, or resignation of the commissioner, a deputy commissioner previously designated by the commissioner shall exercise the powers and perform the duties of the commissioner until a successor is appointed by the Governor, with the advice and consent of the Senate, who shall serve for the remainder of the unexpired term fixed by law. (e) The commissioner shall report to the Secretary of the Department of Commerce. Amended by Act 2019, No. 910,§ 580, eff. 7/1/2019. Acts 1997, No. 89, § 1.

(a) The Governor, by and with the advice and consent of the Senate, shall appoint a Bank Commissioner who shall: (1) Be a resident of this state; (2) Be at least thirty (30) years of age; and (3) Have not less than five (5) years' experience either in practical banking or in the bank department of a state.

(1) Be a resident of this state;

(2) Be at least thirty (30) years of age; and

(3) Have not less than five (5) years' experience either in practical banking or in the bank department of a state.

(b) The commissioner shall be the head of the State Bank Department and shall hold his or her office for the term of four (4) years beginning from the date of actual appointment by the Governor and expiring four (4) years from that date and until a successor is appointed.

(c) The commissioner may be removed by the Governor from office for neglect of duty, malfeasance, misfeasance, extortion or corruption in office, incompetency, or mental or physical disability to such an extreme as to render the commissioner unable or unfit for the discharge of his or her duties, or for any offense involving moral turpitude while in office committed under color of or connected with such an office.

(d) In the event there shall be an inability to serve in the office caused by death, suspension, removal, disability, disqualification, or resignation of the commissioner, a deputy commissioner previously designated by the commissioner shall exercise the powers and perform the duties of the commissioner until a successor is appointed by the Governor, with the advice and consent of the Senate, who shall serve for the remainder of the unexpired term fixed by law.

(e) The commissioner shall report to the Secretary of the Department of Commerce.

Amended by Act 2019, No. 910,§ 580, eff. 7/1/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-64-406 — AR Code / Title 23 / Chapter 64 / Subchapter 4 / Section 23-64-406
Representative capacity - Examinations
Status: in_force

The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer. Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.

The acts of the managing general agent are considered to be the acts of the insurer on whose behalf it is acting. A managing general agent may be examined as if it were the insurer.

Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-51-121 — AR Code / Title 23 / Chapter 51 / Section 23-51-121
Investment in state trust company facilities - Definition
Status: in_force

(a) In this chapter, "state trust company facility" means real estate, including an improvement, owned, or leased to the extent the lease or the leasehold improvements are capitalized, by a state trust company for the purpose of: (1) Providing space for state trust company employees to perform their duties and space for parking by state trust company employees and customers; (2) Conducting trust business, including meeting the reasonable needs and convenience of the state trust company's customers, computer operations, document and other item processing, maintenance and record retention and storage; (3) Holding, improving, and occupying as an incident to future expansion of the state trust company's facilities; or (4) Conducting another activity authorized by rules adopted under this chapter. (b) Without the prior written approval of the Bank Commissioner, a state trust company may not directly or indirectly invest an amount in excess of its capital and surplus in state trust company facilities, furniture, fixtures, and equipment. Except as otherwise provided by rules adopted under this chapter, in computing this limitation a state trust company: (1) Shall include: (A) Its direct investment in state trust company facilities; (B) Any investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by subsection (a) of this section; (C) Any loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and (D) Any indebtedness incurred on state trust company facilities by a company: (i) That holds title to the facility; (ii) That is an affiliate of the state trust company; and (iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and (2) May exclude an amount included under subdivisions (b)(1)(B)-(D) of this section to the extent any lease of a facility from the company holding title to the facility is capitalized on the books of the state trust company. (c) Real estate acquired under subdivision (a)(3) of this section and not improved and occupied by the state trust company ceases to be a state trust company facility on the third anniversary of the date of its acquisition, unless the commissioner on application grants written approval to further delay in the improvement and occupation of the property by the state trust company. (d) A state trust company shall comply with generally accepted accounting principles, consistently applied, in accounting for its investment in and depreciation of state trust company facilities, furniture, fixtures, and equipment. Amended by Act 2019, No. 315,§ 2578, eff. 7/24/2019. Acts 1997, No. 940, § 21.

(a) In this chapter, "state trust company facility" means real estate, including an improvement, owned, or leased to the extent the lease or the leasehold improvements are capitalized, by a state trust company for the purpose of: (1) Providing space for state trust company employees to perform their duties and space for parking by state trust company employees and customers; (2) Conducting trust business, including meeting the reasonable needs and convenience of the state trust company's customers, computer operations, document and other item processing, maintenance and record retention and storage; (3) Holding, improving, and occupying as an incident to future expansion of the state trust company's facilities; or (4) Conducting another activity authorized by rules adopted under this chapter.

(1) Providing space for state trust company employees to perform their duties and space for parking by state trust company employees and customers;

(2) Conducting trust business, including meeting the reasonable needs and convenience of the state trust company's customers, computer operations, document and other item processing, maintenance and record retention and storage;

(3) Holding, improving, and occupying as an incident to future expansion of the state trust company's facilities; or

(4) Conducting another activity authorized by rules adopted under this chapter.

(b) Without the prior written approval of the Bank Commissioner, a state trust company may not directly or indirectly invest an amount in excess of its capital and surplus in state trust company facilities, furniture, fixtures, and equipment. Except as otherwise provided by rules adopted under this chapter, in computing this limitation a state trust company: (1) Shall include: (A) Its direct investment in state trust company facilities; (B) Any investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by subsection (a) of this section; (C) Any loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and (D) Any indebtedness incurred on state trust company facilities by a company: (i) That holds title to the facility; (ii) That is an affiliate of the state trust company; and (iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and (2) May exclude an amount included under subdivisions (b)(1)(B)-(D) of this section to the extent any lease of a facility from the company holding title to the facility is capitalized on the books of the state trust company.

(1) Shall include: (A) Its direct investment in state trust company facilities; (B) Any investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by subsection (a) of this section; (C) Any loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and (D) Any indebtedness incurred on state trust company facilities by a company: (i) That holds title to the facility; (ii) That is an affiliate of the state trust company; and (iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and

(A) Its direct investment in state trust company facilities;

(B) Any investment in equity or investment securities of a company holding title to a facility used by the state trust company for the purposes specified by subsection (a) of this section;

(C) Any loan made by the state trust company to or on the security of equity or investment securities issued by a company holding title to a facility used by the state trust company; and

(D) Any indebtedness incurred on state trust company facilities by a company: (i) That holds title to the facility; (ii) That is an affiliate of the state trust company; and (iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and

(i) That holds title to the facility;

(ii) That is an affiliate of the state trust company; and

(iii) In which the state trust company is invested in the manner described by subdivision (b)(1)(B) or subdivision (b)(1)(C) of this section; and

(2) May exclude an amount included under subdivisions (b)(1)(B)-(D) of this section to the extent any lease of a facility from the company holding title to the facility is capitalized on the books of the state trust company.

(c) Real estate acquired under subdivision (a)(3) of this section and not improved and occupied by the state trust company ceases to be a state trust company facility on the third anniversary of the date of its acquisition, unless the commissioner on application grants written approval to further delay in the improvement and occupation of the property by the state trust company.

(d) A state trust company shall comply with generally accepted accounting principles, consistently applied, in accounting for its investment in and depreciation of state trust company facilities, furniture, fixtures, and equipment.

Amended by Act 2019, No. 315,§ 2578, eff. 7/24/2019.

Acts 1997, No. 940, § 21.
Ark. Code Ann. § 23-63-1002 — AR Code / Title 23 / Chapter 63 / Subchapter 10 / Section 23-63-1002
Bonds given by state, county, or municipal officers
Status: in_force

(a) All bonds or other obligations required or desired to be given by any state, county, or municipal officer for the due performance of the duties of his or her office or for the due accounting of money coming to his or her hands or for any other purpose whatever shall be sufficient when executed by a surety insurer authorized to transact business under the Arkansas Insurance Code as sole surety upon the bonds or obligations, whether or not previous laws required the bond to be executed by more than one (1) surety, or, provided that one (1) or more of the sureties upon the bond should be resident of this state, or any particular county therein, or resident of any specified territory. (b) All officers, courts, and boards of this state, any county therein, or any municipality whose duty it is or shall be to approve the official bonds of any state, county, or municipal officer shall approve the bond as to its sureties when the insurer is the sole surety thereon. Acts 1959, No. 148, § 450; A.S.A. 1947, § 66-4102.

(a) All bonds or other obligations required or desired to be given by any state, county, or municipal officer for the due performance of the duties of his or her office or for the due accounting of money coming to his or her hands or for any other purpose whatever shall be sufficient when executed by a surety insurer authorized to transact business under the Arkansas Insurance Code as sole surety upon the bonds or obligations, whether or not previous laws required the bond to be executed by more than one (1) surety, or, provided that one (1) or more of the sureties upon the bond should be resident of this state, or any particular county therein, or resident of any specified territory.

(b) All officers, courts, and boards of this state, any county therein, or any municipality whose duty it is or shall be to approve the official bonds of any state, county, or municipal officer shall approve the bond as to its sureties when the insurer is the sole surety thereon.

Acts 1959, No. 148, § 450; A.S.A. 1947, § 66-4102.
Ark. Code Ann. § 23-63-2010 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2010
Rules
Status: in_force

(a) The Insurance Commissioner shall promulgate rules necessary to implement this subchapter. (b) (1) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (2) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) The Insurance Commissioner shall promulgate rules necessary to implement this subchapter.

(b) (1) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (2) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before January 1, 2020; or (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(A) On or before January 1, 2020; or

(B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(2) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-63-1706 — AR Code / Title 23 / Chapter 63 / Subchapter 17 / Section 23-63-1706
Reach of creditors and other claimants
Status: in_force

(a) (1) (A) Protected cell assets shall be available only to the creditors of the protected cell company that are creditors to that protected cell. (B) Those creditors shall be entitled to have recourse to the protected cell assets attributable to that protected cell and shall be absolutely protected from the creditors of the protected cell company that are not creditors in respect to that protected cell. (C) Creditors of a protected cell shall not be entitled to have recourse against the protected cell assets of other protected cells or the assets of the protected cell company's general account. (2) Protected cell assets shall be available only to creditors of a protected cell company after all protected cell liabilities have been extinguished or as provided for in the plan of operation relating to that protected cell. (b) When an obligation of a protected cell company to a person arises from a transaction, or is otherwise imposed, in respect to a protected cell, that obligation of the protected cell company: (1) Shall extend only to the protected cell assets attributable to that protected cell, and, with respect to that obligation, the person shall be entitled to have recourse only to the protected cell assets attributable to that protected cell; and (2) Shall not extend to the protected cell assets of any other protected cell or the assets of the protected cell company's general account, and, with respect to that obligation, that person shall not be entitled to have recourse to the protected cell assets of any other protected cell or the assets of the protected cell company's general account. (c) When an obligation of a protected cell company relates solely to the general account, the obligation of the protected cell company shall extend only to, and that creditor shall be entitled, with respect to that obligation, to have recourse only to the assets of the protected cell company's general account. (d) (1) The activities, assets, and obligations relating to a protected cell are not subject to the laws of this state governing life and health and property and casualty guaranty or insolvency funds. (2) A protected cell or a protected cell company shall not be assessed by or otherwise be required to contribute to any guaranty fund or guaranty association in this state with respect to the activities, assets, or obligations of a protected cell. (3) This subsection shall not affect the activities or obligations of an insurer's general account. (e) The establishment of one (1) or more protected cells alone shall not be deemed to be a fraudulent conveyance, an intent by the protected cell company to defraud creditors, or the carrying out of business by the protected cell company for any other fraudulent purpose. Acts 2001, No. 1428, § 6.

(a) (1) (A) Protected cell assets shall be available only to the creditors of the protected cell company that are creditors to that protected cell. (B) Those creditors shall be entitled to have recourse to the protected cell assets attributable to that protected cell and shall be absolutely protected from the creditors of the protected cell company that are not creditors in respect to that protected cell. (C) Creditors of a protected cell shall not be entitled to have recourse against the protected cell assets of other protected cells or the assets of the protected cell company's general account. (2) Protected cell assets shall be available only to creditors of a protected cell company after all protected cell liabilities have been extinguished or as provided for in the plan of operation relating to that protected cell.

(1) (A) Protected cell assets shall be available only to the creditors of the protected cell company that are creditors to that protected cell. (B) Those creditors shall be entitled to have recourse to the protected cell assets attributable to that protected cell and shall be absolutely protected from the creditors of the protected cell company that are not creditors in respect to that protected cell. (C) Creditors of a protected cell shall not be entitled to have recourse against the protected cell assets of other protected cells or the assets of the protected cell company's general account.

(A) Protected cell assets shall be available only to the creditors of the protected cell company that are creditors to that protected cell.

(B) Those creditors shall be entitled to have recourse to the protected cell assets attributable to that protected cell and shall be absolutely protected from the creditors of the protected cell company that are not creditors in respect to that protected cell.

(C) Creditors of a protected cell shall not be entitled to have recourse against the protected cell assets of other protected cells or the assets of the protected cell company's general account.

(2) Protected cell assets shall be available only to creditors of a protected cell company after all protected cell liabilities have been extinguished or as provided for in the plan of operation relating to that protected cell.

(b) When an obligation of a protected cell company to a person arises from a transaction, or is otherwise imposed, in respect to a protected cell, that obligation of the protected cell company: (1) Shall extend only to the protected cell assets attributable to that protected cell, and, with respect to that obligation, the person shall be entitled to have recourse only to the protected cell assets attributable to that protected cell; and (2) Shall not extend to the protected cell assets of any other protected cell or the assets of the protected cell company's general account, and, with respect to that obligation, that person shall not be entitled to have recourse to the protected cell assets of any other protected cell or the assets of the protected cell company's general account.

(1) Shall extend only to the protected cell assets attributable to that protected cell, and, with respect to that obligation, the person shall be entitled to have recourse only to the protected cell assets attributable to that protected cell; and

(2) Shall not extend to the protected cell assets of any other protected cell or the assets of the protected cell company's general account, and, with respect to that obligation, that person shall not be entitled to have recourse to the protected cell assets of any other protected cell or the assets of the protected cell company's general account.

(c) When an obligation of a protected cell company relates solely to the general account, the obligation of the protected cell company shall extend only to, and that creditor shall be entitled, with respect to that obligation, to have recourse only to the assets of the protected cell company's general account.

(d) (1) The activities, assets, and obligations relating to a protected cell are not subject to the laws of this state governing life and health and property and casualty guaranty or insolvency funds. (2) A protected cell or a protected cell company shall not be assessed by or otherwise be required to contribute to any guaranty fund or guaranty association in this state with respect to the activities, assets, or obligations of a protected cell. (3) This subsection shall not affect the activities or obligations of an insurer's general account.

(1) The activities, assets, and obligations relating to a protected cell are not subject to the laws of this state governing life and health and property and casualty guaranty or insolvency funds.

(2) A protected cell or a protected cell company shall not be assessed by or otherwise be required to contribute to any guaranty fund or guaranty association in this state with respect to the activities, assets, or obligations of a protected cell.

(3) This subsection shall not affect the activities or obligations of an insurer's general account.

(e) The establishment of one (1) or more protected cells alone shall not be deemed to be a fraudulent conveyance, an intent by the protected cell company to defraud creditors, or the carrying out of business by the protected cell company for any other fraudulent purpose.

Acts 2001, No. 1428, § 6.
Ark. Code Ann. § 23-73-111 — AR Code / Title 23 / Chapter 73 / Section 23-73-111
Amendment of articles and bylaws
Status: in_force

(a) Articles of association may be amended as provided in the articles, and any such amendments shall promptly be filed with the Insurance Commissioner within thirty (30) days after its adoption. (b) Bylaws may be amended, as provided in the bylaws, and any such amendment shall be filed with the commissioner within thirty (30) days after its adoption. Acts 1959, No. 148, § 588; A.S.A. 1947, § 66-4610; Acts 1997, No. 774, § 1.

(a) Articles of association may be amended as provided in the articles, and any such amendments shall promptly be filed with the Insurance Commissioner within thirty (30) days after its adoption.

(b) Bylaws may be amended, as provided in the bylaws, and any such amendment shall be filed with the commissioner within thirty (30) days after its adoption.

Acts 1959, No. 148, § 588; A.S.A. 1947, § 66-4610; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-74-204 — AR Code / Title 23 / Chapter 74 / Subchapter 2 / Section 23-74-204
Waiver
Status: in_force

The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the provisions of the laws of the society. Such a provision shall be binding on the society and every member and beneficiary of a member. Acts 1989, No. 881, § 1.

The laws of the society may provide that no subordinate body, nor any of its subordinate officers or members, shall have the power or authority to waive any of the provisions of the laws of the society. Such a provision shall be binding on the society and every member and beneficiary of a member.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-4-106 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-106
Rate schedules - Public inspection
Status: in_force

Every public utility shall keep copies of its rate schedules open to public inspection under such rules and at such places as the commission may prescribe. Amended by Act 2019, No. 315,§ 2389, eff. 7/24/2019. Acts 1935, No. 324, § 11; Pope's Dig., § 2074; A.S.A. 1947, § 73-205.

Every public utility shall keep copies of its rate schedules open to public inspection under such rules and at such places as the commission may prescribe.

Amended by Act 2019, No. 315,§ 2389, eff. 7/24/2019.

Acts 1935, No. 324, § 11; Pope's Dig., § 2074; A.S.A. 1947, § 73-205.
Ark. Code Ann. § 23-67-303 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-303
Establishment, operation, and regulation
Status: in_force

The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers' Compensation Insurance Plan pursuant to the provisions of this subchapter. Acts 1991, No. 561, § 1.

The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers' Compensation Insurance Plan pursuant to the provisions of this subchapter.

Acts 1991, No. 561, § 1.
Ark. Code Ann. § 23-17-113 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-113
Telephone service to be supplied without discrimination - Complaint to commission
Status: in_force

(a) (1) Every telephone company doing business in this state and engaged in a general telephone business shall supply all applicants for telephone connection and facilities without discrimination or partiality, within ten (10) days after written demand therefor, if the applicants comply or offer to comply with the reasonable rules of the company. (2) No telephone company shall impose any condition or restriction upon any applicant that is not imposed impartially upon all persons or companies in similar situations. Nor shall the company discriminate against any individual or company engaged in lawful business by requiring as a condition for furnishing the facilities that they shall not be used in the business of the applicant or otherwise. (b) Upon failure of any telephone company to comply with the written demand for telephone connection and facilities, the applicant may file a complaint with the Arkansas Public Service Commission under the provisions of § 23-3-119 . The commission may make such temporary and final orders relative to the furnishing of such connection and facilities as the facts may justify. Amended by Act 2019, No. 315,§ 2463, eff. 7/24/2019. Acts 1885, No. 107, § 11, p. 176; 1913, No. 95, § 1, p. 346; C. & M. Dig., § 10251; Pope's Dig., § 14261; Acts 1955, No. 120, § 1; A.S.A. 1947, § 73-1816.

(a) (1) Every telephone company doing business in this state and engaged in a general telephone business shall supply all applicants for telephone connection and facilities without discrimination or partiality, within ten (10) days after written demand therefor, if the applicants comply or offer to comply with the reasonable rules of the company. (2) No telephone company shall impose any condition or restriction upon any applicant that is not imposed impartially upon all persons or companies in similar situations. Nor shall the company discriminate against any individual or company engaged in lawful business by requiring as a condition for furnishing the facilities that they shall not be used in the business of the applicant or otherwise.

(1) Every telephone company doing business in this state and engaged in a general telephone business shall supply all applicants for telephone connection and facilities without discrimination or partiality, within ten (10) days after written demand therefor, if the applicants comply or offer to comply with the reasonable rules of the company.

(2) No telephone company shall impose any condition or restriction upon any applicant that is not imposed impartially upon all persons or companies in similar situations. Nor shall the company discriminate against any individual or company engaged in lawful business by requiring as a condition for furnishing the facilities that they shall not be used in the business of the applicant or otherwise.

(b) Upon failure of any telephone company to comply with the written demand for telephone connection and facilities, the applicant may file a complaint with the Arkansas Public Service Commission under the provisions of § 23-3-119 . The commission may make such temporary and final orders relative to the furnishing of such connection and facilities as the facts may justify.

Amended by Act 2019, No. 315,§ 2463, eff. 7/24/2019.

Acts 1885, No. 107, § 11, p. 176; 1913, No. 95, § 1, p. 346; C. & M. Dig., § 10251; Pope's Dig., § 14261; Acts 1955, No. 120, § 1; A.S.A. 1947, § 73-1816.
Ark. Code Ann. § 23-61-703 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-703
Insurers' administrative and financial regulation fees
Status: in_force

(a) Notwithstanding § 26-57-602 and other provisions of Arkansas law, all licensed insurers, including without limitation all licensed stock and mutual insurance companies, health maintenance organizations, fraternal benefit societies, hospital and medical service corporations, stipulated premium insurers, reinsurers, and farmers' mutual aid associations annually in the manner prescribed by the Insurance Commissioner shall pay to the State Insurance Department Trust Fund a nonrefundable administrative and financial regulation fee no later than: (1) June 1; or (2) A date or dates established by rule of the commissioner. (b) (1) This fee shall be based upon the insurer's direct premiums and copayments written in the State of Arkansas during the preceding calendar year, as evidenced by the insurer's annual statement filed March 1 annually with the State Insurance Department pursuant to the Arkansas Insurance Code. (2) Insurers and reinsurers with no annual direct written Arkansas premiums shall pay the minimum fee of five hundred dollars ($500). (c) Such administrative and financial regulation fees shall be paid in the following amounts based upon the following schedule: ARKANSAS DIRECT WRITTEN PREMIUMS AND COPAYMENTS OF INSURERS, HMO'S, FMAA'S, AND OTHERS (total for preceding calendar year) ANNUAL ADMINISTRATIVE AND FINANCIAL REGULATION FEE DUE STATE OF ARKANSAS $0 $ 500 01-499,999 750 500,000-2,499,999 1,000 2,500,000-4,999,999 2,500 5,000,000-7,499,999 5,000 7,500,000-9,999,999 7,500 10,000,000-19,999,999 10,000 20,000,000-29,999,999 12,000 30,000,000-49,999,999 15,000 50,000,000-74,999,999 17,500 75,000,000-99,999,999 20,000 100,000,000 AND UP 25,000 (d) In no event shall the annual financial regulation fee imposed in this section and assessed to support the maintenance and operation of the department exceed twenty-five thousand dollars ($25,000) for any one (1) insurer or reinsurer in any one (1) year. Acts 1993, No. 652, § 3; 1995, No. 1272, § 6; 2009, No. 726, § 9.

(a) Notwithstanding § 26-57-602 and other provisions of Arkansas law, all licensed insurers, including without limitation all licensed stock and mutual insurance companies, health maintenance organizations, fraternal benefit societies, hospital and medical service corporations, stipulated premium insurers, reinsurers, and farmers' mutual aid associations annually in the manner prescribed by the Insurance Commissioner shall pay to the State Insurance Department Trust Fund a nonrefundable administrative and financial regulation fee no later than: (1) June 1; or (2) A date or dates established by rule of the commissioner.

(1) June 1; or

(2) A date or dates established by rule of the commissioner.

(b) (1) This fee shall be based upon the insurer's direct premiums and copayments written in the State of Arkansas during the preceding calendar year, as evidenced by the insurer's annual statement filed March 1 annually with the State Insurance Department pursuant to the Arkansas Insurance Code. (2) Insurers and reinsurers with no annual direct written Arkansas premiums shall pay the minimum fee of five hundred dollars ($500).

(1) This fee shall be based upon the insurer's direct premiums and copayments written in the State of Arkansas during the preceding calendar year, as evidenced by the insurer's annual statement filed March 1 annually with the State Insurance Department pursuant to the Arkansas Insurance Code.

(2) Insurers and reinsurers with no annual direct written Arkansas premiums shall pay the minimum fee of five hundred dollars ($500).

(c) Such administrative and financial regulation fees shall be paid in the following amounts based upon the following schedule: ARKANSAS DIRECT WRITTEN PREMIUMS AND COPAYMENTS OF INSURERS, HMO'S, FMAA'S, AND OTHERS (total for preceding calendar year) ANNUAL ADMINISTRATIVE AND FINANCIAL REGULATION FEE DUE STATE OF ARKANSAS $0 $ 500 01-499,999 750 500,000-2,499,999 1,000 2,500,000-4,999,999 2,500 5,000,000-7,499,999 5,000 7,500,000-9,999,999 7,500 10,000,000-19,999,999 10,000 20,000,000-29,999,999 12,000 30,000,000-49,999,999 15,000 50,000,000-74,999,999 17,500 75,000,000-99,999,999 20,000 100,000,000 AND UP 25,000

ARKANSAS DIRECT WRITTEN PREMIUMS AND COPAYMENTS OF INSURERS, HMO'S, FMAA'S, AND OTHERS (total for preceding calendar year) ANNUAL ADMINISTRATIVE AND FINANCIAL REGULATION FEE DUE STATE OF ARKANSAS $0 $ 500 01-499,999 750 500,000-2,499,999 1,000 2,500,000-4,999,999 2,500 5,000,000-7,499,999 5,000 7,500,000-9,999,999 7,500 10,000,000-19,999,999 10,000 20,000,000-29,999,999 12,000 30,000,000-49,999,999 15,000 50,000,000-74,999,999 17,500 75,000,000-99,999,999 20,000 100,000,000 AND UP 25,000

ARKANSAS DIRECT WRITTEN PREMIUMS AND COPAYMENTS OF INSURERS, HMO'S, FMAA'S, AND OTHERS (total for preceding calendar year)

ANNUAL ADMINISTRATIVE AND FINANCIAL REGULATION FEE DUE STATE OF ARKANSAS

$0

$ 500

01-499,999

750

500,000-2,499,999

1,000

2,500,000-4,999,999

2,500

5,000,000-7,499,999

5,000

7,500,000-9,999,999

7,500

10,000,000-19,999,999

10,000

20,000,000-29,999,999

12,000

30,000,000-49,999,999

15,000

50,000,000-74,999,999

17,500

75,000,000-99,999,999

20,000

100,000,000 AND UP

25,000

(d) In no event shall the annual financial regulation fee imposed in this section and assessed to support the maintenance and operation of the department exceed twenty-five thousand dollars ($25,000) for any one (1) insurer or reinsurer in any one (1) year.

Acts 1993, No. 652, § 3; 1995, No. 1272, § 6; 2009, No. 726, § 9.
Ark. Code Ann. § 23-2-413 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-413
Perjury
Status: in_force

False testimony shall constitute perjury punishable as provided by law. Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.

False testimony shall constitute perjury punishable as provided by law.

Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.
Ark. Code Ann. § 23-65-318 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-318
Action against insurer - Service of process
Status: in_force

(a) When this state is the home state of the insured, an unauthorized insurer may be sued upon any cause of action arising in this state under any contract issued by it as a surplus lines contract, or certificate thereof issued by the surplus lines broker, under the procedure provided in § 23-65-203 . (b) (1) If this state is the home state of the insured, an unauthorized insurer issuing the policy or accepting the risk shall be deemed to have authorized service of process against it as provided in this section and to have appointed the Insurance Commissioner as its agent for service of process issuing upon any cause of action arising in this state under any policy. (2) The policy shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process. Acts 1959, No. 148, § 204; A.S.A. 1947, § 66-2924; Acts 2011, No. 1055, § 2.

(a) When this state is the home state of the insured, an unauthorized insurer may be sued upon any cause of action arising in this state under any contract issued by it as a surplus lines contract, or certificate thereof issued by the surplus lines broker, under the procedure provided in § 23-65-203 .

(b) (1) If this state is the home state of the insured, an unauthorized insurer issuing the policy or accepting the risk shall be deemed to have authorized service of process against it as provided in this section and to have appointed the Insurance Commissioner as its agent for service of process issuing upon any cause of action arising in this state under any policy. (2) The policy shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process.

(1) If this state is the home state of the insured, an unauthorized insurer issuing the policy or accepting the risk shall be deemed to have authorized service of process against it as provided in this section and to have appointed the Insurance Commissioner as its agent for service of process issuing upon any cause of action arising in this state under any policy.

(2) The policy shall contain a provision stating the substance of this section and designating the person to whom the commissioner shall mail process.

Acts 1959, No. 148, § 204; A.S.A. 1947, § 66-2924; Acts 2011, No. 1055, § 2.
Ark. Code Ann. § 23-63-2001 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Corporate Governance Annual Disclosure Act". Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

This subchapter shall be known and may be cited as the "Corporate Governance Annual Disclosure Act".

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-99-1210 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1210
Healthcare contract or provider network - Prohibition
Status: in_force

(a) A healthcare insurer shall not: (1) Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or (2) In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administrator. (b) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void. (c) This section does not apply if a healthcare insurer: (1) Grants access to the healthcare insurer's provider network contract to another healthcare insurer or entity that is: (A) An affiliate of the healthcare insurer; or (B) Operating according to the same brand licensee program as the healthcare insurer; or (2) Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; (3) Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the: (A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and (B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and (4) Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation: (A) Contact name; (B) Mailing address; (C) Direct telephone number for customer service matters; and (D) Direct email address for customer service matters. Added by Act 2023, No. 576,§ 5, eff. 8/1/2023.

(a) A healthcare insurer shall not: (1) Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or (2) In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administrator.

(1) Lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; or

(2) In any manner allow the use of a healthcare contract or provider network of a health benefit plan by another healthcare insurer or third-party administrator.

(b) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void.

(1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(A) An unfair trade practice under § 23-66-206 ; and

(B) Subject to the Trade Practices Act, § 23-66-201 et seq.

(2) If a healthcare contract contains a provision that violates this section, then the provision under the healthcare contract is void.

(c) This section does not apply if a healthcare insurer: (1) Grants access to the healthcare insurer's provider network contract to another healthcare insurer or entity that is: (A) An affiliate of the healthcare insurer; or (B) Operating according to the same brand licensee program as the healthcare insurer; or (2) Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator; (3) Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the: (A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and (B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and (4) Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation: (A) Contact name; (B) Mailing address; (C) Direct telephone number for customer service matters; and (D) Direct email address for customer service matters.

(1) Grants access to the healthcare insurer's provider network contract to another healthcare insurer or entity that is: (A) An affiliate of the healthcare insurer; or (B) Operating according to the same brand licensee program as the healthcare insurer; or

(A) An affiliate of the healthcare insurer; or

(B) Operating according to the same brand licensee program as the healthcare insurer; or

(2) Provides notice of the intent to lease, rent, or sell a healthcare contract or provider network of a health benefit plan to another healthcare insurer or third-party administrator;

(3) Allows a healthcare provider that is a party to the healthcare contract or provider network of a health benefit plan the opportunity to opt out of participating in the: (A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and (B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and

(A) Proposed lease, rental, or sale of a healthcare contract or provider network of a health benefit plan entirely upon the execution or renewal of the healthcare contract; and

(B) Lease, rental, or sale of a healthcare contract with respect to an individual healthcare insurer or third-party administrator upon notice that the individual healthcare insurer or third-party administrator has violated the terms of the healthcare contract; and

(4) Provides contact information for the healthcare insurer or third-party administrator using the healthcare contract or provider network of a health benefit plan, including without limitation: (A) Contact name; (B) Mailing address; (C) Direct telephone number for customer service matters; and (D) Direct email address for customer service matters.

(A) Contact name;

(B) Mailing address;

(C) Direct telephone number for customer service matters; and

(D) Direct email address for customer service matters.

Added by Act 2023, No. 576,§ 5, eff. 8/1/2023.
Ark. Code Ann. § 23-66-403 — AR Code / Title 23 / Chapter 66 / Subchapter 4 / Section 23-66-403
Rules
Status: in_force

The Insurance Commissioner shall have such authority as he or she deems reasonably necessary to regulate the home service system of distribution, and, to that end, to promulgate, adopt, and enforce reasonable rules necessary and proper to regulate the home service system of distribution. Amended by Act 2019, No. 315,§ 2666, eff. 7/24/2019. Acts 1993, No. 932, § 3; 1997, No. 749, § 5.

The Insurance Commissioner shall have such authority as he or she deems reasonably necessary to regulate the home service system of distribution, and, to that end, to promulgate, adopt, and enforce reasonable rules necessary and proper to regulate the home service system of distribution.

Amended by Act 2019, No. 315,§ 2666, eff. 7/24/2019.

Acts 1993, No. 932, § 3; 1997, No. 749, § 5.