Ark. Code Ann. § 23-66-606 — AR Code / Title 23 / Chapter 66 / Subchapter 6 / Section 23-66-606
Depository institution or affiliates of depository institution sales practices
Status: in_force

The following requirements shall apply to insurance sales activities conducted by depository institutions, their employees, affiliates of a depository institution, and unaffiliated third parties conducting the insurance sales activities on behalf of a depository institution or affiliate of a depository institution that involves the use of a depository institution or affiliate of a depository institution brand name or on depository institution or affiliate of a depository institution's premises: (1) Disclosures. (A) The following disclosures are required with respect to the solicitation of insurance products or policies and shall be made in writing, when practicable, in a clear and conspicuous manner prior to the sale: (i) That the insurance product or policy is not insured by the Federal Deposit Insurance Corporation or insured by any other federal government agency; (ii) That the insurance product or policy is not a deposit or obligation of or guaranteed by the lending depository institution or affiliate of a depository institution; and (iii) When appropriate, that certain insurance products involve investment risks, including the possible loss of principal or loss of value. (B) (i) When an application by a customer for a loan or other extension of credit from a depository institution or an affiliate of a depository institution is pending, and insurance is offered or sold to the customer or is required in connection with the loan or extension of credit by the depository institution or affiliate of a depository institution, a written disclosure shall be provided to the customer indicating that the customer's choice of insurer or producer shall not affect the credit decision or credit terms in any way, except that the depository institution or an affiliate of a depository institution may impose reasonable requirements concerning the credit worthiness of the insurer and the scope of coverage chosen. (ii) A rejection of a policy furnished by the customer shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction. (C) (i) (a) The person, depository institution, or affiliate of the depository institution shall obtain written acknowledgement of the receipt of the disclosure required by this subdivision (1) from the customer at the time the customer receives the disclosure or at the time of the initial purchase of the insurance policy. (b) If the solicitation is conducted by telephone, the person, depository institution, or affiliate of the depository institution shall obtain an oral acknowledgement of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer. (ii) If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person, depository institution, or affiliate of the depository institution may provide the disclosure and obtain acknowledgement of the receipt of the disclosure from the customer using electronic media. (D) (i) An affiliate of a depository institution is subject to the disclosure requirements of this subdivision (1) if it sells, solicits, advertises, or offers insurance products or annuities at an office of a depository institution or on behalf of a depository institution. (ii) The disclosure requirements of this subdivision (1) apply only to a depository institution when an individual purchases, applies to purchase, or is solicited to purchase insurance products or annuities primarily for personal, family, or household purposes, and only to the extent that the disclosure would be accurate. (E) For the purposes of this subdivision (1), a person sells, solicits, advertises, or offers insurance on behalf of a depository institution, whether at an office of the depository institution or another location, if at least one (1) of the following occurs: (i) The person represents to the customer that the sale, solicitation, advertisement, or offer of the insurance is by or on behalf of a depository institution; (ii) A depository institution refers a customer to the person who sells insurance, and the depository institution has a contractual arrangement to receive commissions or fees derived from the sale of insurance resulting from the referral; or (iii) Documents evidencing the sale, solicitation, advertisement, or offer of insurance identify or refer to a depository institution; and (2) Physical Location of Insurance Activities. Insurance sales activities on depository institution or affiliate of a depository institution premises shall be conducted in a manner so as to minimize customer confusion by: (A) Conducting the activities to the extent practicable in a location separate and distinct from the area where retail deposits routinely occur; and (B) Where practicable, identifying the area where insurance activities are conducted with appropriate signage as to be easily distinguishable by the public as separate and distinct from deposit activities of the depository institution or affiliate of a depository institution. Acts 1997, No. 900, § 5; 2001, No. 1728, § 3; 2003, No. 1747, § 12.

The following requirements shall apply to insurance sales activities conducted by depository institutions, their employees, affiliates of a depository institution, and unaffiliated third parties conducting the insurance sales activities on behalf of a depository institution or affiliate of a depository institution that involves the use of a depository institution or affiliate of a depository institution brand name or on depository institution or affiliate of a depository institution's premises:

(1) Disclosures. (A) The following disclosures are required with respect to the solicitation of insurance products or policies and shall be made in writing, when practicable, in a clear and conspicuous manner prior to the sale: (i) That the insurance product or policy is not insured by the Federal Deposit Insurance Corporation or insured by any other federal government agency; (ii) That the insurance product or policy is not a deposit or obligation of or guaranteed by the lending depository institution or affiliate of a depository institution; and (iii) When appropriate, that certain insurance products involve investment risks, including the possible loss of principal or loss of value. (B) (i) When an application by a customer for a loan or other extension of credit from a depository institution or an affiliate of a depository institution is pending, and insurance is offered or sold to the customer or is required in connection with the loan or extension of credit by the depository institution or affiliate of a depository institution, a written disclosure shall be provided to the customer indicating that the customer's choice of insurer or producer shall not affect the credit decision or credit terms in any way, except that the depository institution or an affiliate of a depository institution may impose reasonable requirements concerning the credit worthiness of the insurer and the scope of coverage chosen. (ii) A rejection of a policy furnished by the customer shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction. (C) (i) (a) The person, depository institution, or affiliate of the depository institution shall obtain written acknowledgement of the receipt of the disclosure required by this subdivision (1) from the customer at the time the customer receives the disclosure or at the time of the initial purchase of the insurance policy. (b) If the solicitation is conducted by telephone, the person, depository institution, or affiliate of the depository institution shall obtain an oral acknowledgement of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer. (ii) If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person, depository institution, or affiliate of the depository institution may provide the disclosure and obtain acknowledgement of the receipt of the disclosure from the customer using electronic media. (D) (i) An affiliate of a depository institution is subject to the disclosure requirements of this subdivision (1) if it sells, solicits, advertises, or offers insurance products or annuities at an office of a depository institution or on behalf of a depository institution. (ii) The disclosure requirements of this subdivision (1) apply only to a depository institution when an individual purchases, applies to purchase, or is solicited to purchase insurance products or annuities primarily for personal, family, or household purposes, and only to the extent that the disclosure would be accurate. (E) For the purposes of this subdivision (1), a person sells, solicits, advertises, or offers insurance on behalf of a depository institution, whether at an office of the depository institution or another location, if at least one (1) of the following occurs: (i) The person represents to the customer that the sale, solicitation, advertisement, or offer of the insurance is by or on behalf of a depository institution; (ii) A depository institution refers a customer to the person who sells insurance, and the depository institution has a contractual arrangement to receive commissions or fees derived from the sale of insurance resulting from the referral; or (iii) Documents evidencing the sale, solicitation, advertisement, or offer of insurance identify or refer to a depository institution; and

(A) The following disclosures are required with respect to the solicitation of insurance products or policies and shall be made in writing, when practicable, in a clear and conspicuous manner prior to the sale: (i) That the insurance product or policy is not insured by the Federal Deposit Insurance Corporation or insured by any other federal government agency; (ii) That the insurance product or policy is not a deposit or obligation of or guaranteed by the lending depository institution or affiliate of a depository institution; and (iii) When appropriate, that certain insurance products involve investment risks, including the possible loss of principal or loss of value.

(i) That the insurance product or policy is not insured by the Federal Deposit Insurance Corporation or insured by any other federal government agency;

(ii) That the insurance product or policy is not a deposit or obligation of or guaranteed by the lending depository institution or affiliate of a depository institution; and

(iii) When appropriate, that certain insurance products involve investment risks, including the possible loss of principal or loss of value.

(B) (i) When an application by a customer for a loan or other extension of credit from a depository institution or an affiliate of a depository institution is pending, and insurance is offered or sold to the customer or is required in connection with the loan or extension of credit by the depository institution or affiliate of a depository institution, a written disclosure shall be provided to the customer indicating that the customer's choice of insurer or producer shall not affect the credit decision or credit terms in any way, except that the depository institution or an affiliate of a depository institution may impose reasonable requirements concerning the credit worthiness of the insurer and the scope of coverage chosen. (ii) A rejection of a policy furnished by the customer shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction.

(i) When an application by a customer for a loan or other extension of credit from a depository institution or an affiliate of a depository institution is pending, and insurance is offered or sold to the customer or is required in connection with the loan or extension of credit by the depository institution or affiliate of a depository institution, a written disclosure shall be provided to the customer indicating that the customer's choice of insurer or producer shall not affect the credit decision or credit terms in any way, except that the depository institution or an affiliate of a depository institution may impose reasonable requirements concerning the credit worthiness of the insurer and the scope of coverage chosen.

(ii) A rejection of a policy furnished by the customer shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction.

(C) (i) (a) The person, depository institution, or affiliate of the depository institution shall obtain written acknowledgement of the receipt of the disclosure required by this subdivision (1) from the customer at the time the customer receives the disclosure or at the time of the initial purchase of the insurance policy. (b) If the solicitation is conducted by telephone, the person, depository institution, or affiliate of the depository institution shall obtain an oral acknowledgement of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer. (ii) If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person, depository institution, or affiliate of the depository institution may provide the disclosure and obtain acknowledgement of the receipt of the disclosure from the customer using electronic media.

(i) (a) The person, depository institution, or affiliate of the depository institution shall obtain written acknowledgement of the receipt of the disclosure required by this subdivision (1) from the customer at the time the customer receives the disclosure or at the time of the initial purchase of the insurance policy. (b) If the solicitation is conducted by telephone, the person, depository institution, or affiliate of the depository institution shall obtain an oral acknowledgement of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer.

(a) The person, depository institution, or affiliate of the depository institution shall obtain written acknowledgement of the receipt of the disclosure required by this subdivision (1) from the customer at the time the customer receives the disclosure or at the time of the initial purchase of the insurance policy.

(b) If the solicitation is conducted by telephone, the person, depository institution, or affiliate of the depository institution shall obtain an oral acknowledgement of receipt of the disclosure, maintain sufficient documentation to show that the acknowledgment was given by the customer, and make reasonable efforts to obtain a written acknowledgment from the customer.

(ii) If a customer affirmatively consents to receiving the disclosures electronically and if the disclosures are provided in a format that the customer may retain or obtain later, the person, depository institution, or affiliate of the depository institution may provide the disclosure and obtain acknowledgement of the receipt of the disclosure from the customer using electronic media.

(D) (i) An affiliate of a depository institution is subject to the disclosure requirements of this subdivision (1) if it sells, solicits, advertises, or offers insurance products or annuities at an office of a depository institution or on behalf of a depository institution. (ii) The disclosure requirements of this subdivision (1) apply only to a depository institution when an individual purchases, applies to purchase, or is solicited to purchase insurance products or annuities primarily for personal, family, or household purposes, and only to the extent that the disclosure would be accurate.

(i) An affiliate of a depository institution is subject to the disclosure requirements of this subdivision (1) if it sells, solicits, advertises, or offers insurance products or annuities at an office of a depository institution or on behalf of a depository institution.

(ii) The disclosure requirements of this subdivision (1) apply only to a depository institution when an individual purchases, applies to purchase, or is solicited to purchase insurance products or annuities primarily for personal, family, or household purposes, and only to the extent that the disclosure would be accurate.

(E) For the purposes of this subdivision (1), a person sells, solicits, advertises, or offers insurance on behalf of a depository institution, whether at an office of the depository institution or another location, if at least one (1) of the following occurs: (i) The person represents to the customer that the sale, solicitation, advertisement, or offer of the insurance is by or on behalf of a depository institution; (ii) A depository institution refers a customer to the person who sells insurance, and the depository institution has a contractual arrangement to receive commissions or fees derived from the sale of insurance resulting from the referral; or (iii) Documents evidencing the sale, solicitation, advertisement, or offer of insurance identify or refer to a depository institution; and

(i) The person represents to the customer that the sale, solicitation, advertisement, or offer of the insurance is by or on behalf of a depository institution;

(ii) A depository institution refers a customer to the person who sells insurance, and the depository institution has a contractual arrangement to receive commissions or fees derived from the sale of insurance resulting from the referral; or

(iii) Documents evidencing the sale, solicitation, advertisement, or offer of insurance identify or refer to a depository institution; and

(2) Physical Location of Insurance Activities. Insurance sales activities on depository institution or affiliate of a depository institution premises shall be conducted in a manner so as to minimize customer confusion by: (A) Conducting the activities to the extent practicable in a location separate and distinct from the area where retail deposits routinely occur; and (B) Where practicable, identifying the area where insurance activities are conducted with appropriate signage as to be easily distinguishable by the public as separate and distinct from deposit activities of the depository institution or affiliate of a depository institution.

(A) Conducting the activities to the extent practicable in a location separate and distinct from the area where retail deposits routinely occur; and

(B) Where practicable, identifying the area where insurance activities are conducted with appropriate signage as to be easily distinguishable by the public as separate and distinct from deposit activities of the depository institution or affiliate of a depository institution.

Acts 1997, No. 900, § 5; 2001, No. 1728, § 3; 2003, No. 1747, § 12.
Ark. Code Ann. § 23-115-406 — AR Code / Title 23 / Chapter 115 / Subchapter 4 / Section 23-115-406
Authority of local government
Status: in_force

(a) (1) The authority of local government concerning all matters relating to the operation of lotteries is preempted by this chapter. (2) Local government shall not take any action, including without limitation the adoption of an ordinance, relating to the operation of lotteries. (b) This section does not prohibit local government from requiring a retailer to obtain an occupational license for any business unrelated to the sale of tickets or shares. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) (1) The authority of local government concerning all matters relating to the operation of lotteries is preempted by this chapter. (2) Local government shall not take any action, including without limitation the adoption of an ordinance, relating to the operation of lotteries.

(1) The authority of local government concerning all matters relating to the operation of lotteries is preempted by this chapter.

(2) Local government shall not take any action, including without limitation the adoption of an ordinance, relating to the operation of lotteries.

(b) This section does not prohibit local government from requiring a retailer to obtain an occupational license for any business unrelated to the sale of tickets or shares.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-11-204 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-204
Formation of railroad corporation - Application - Contents
Status: in_force

Any number of persons, not fewer than three (3), being subscribers of the stock of any contemplated railroad corporation and desiring to form a railroad corporation under the laws of this state, may do so by first filing an application with the Arkansas Department of Transportation, setting forth the following information: (1) The name of the proposed corporation. The corporate name must end with abbreviation "Inc." or must include the word "corporation" or "incorporation" or may include the word "company" or the abbreviation "Co." if that word or abbreviation is not immediately preceded by the word "and" or the abbreviation "&"; (2) The purpose of the corporation; (3) The duration of the corporation, which may be perpetual or limited; (4) The name of its resident agent, which resident agent may be either an individual or a corporation, and the address of the resident agent must be shown with particularity; (5) If the corporation is to be authorized to issue: (A) Only one (1) class of stock, the total number of shares of stock which the corporation shall have authority to issue, and: (i) The par value of each of the shares; or (ii) A statement that all the shares are to be without par value; or (B) More than one (1) class of stock, the total number of shares of all classes which the corporation shall have authority to issue, and: (i) The number of the shares of each class thereof that are to have a par value and the par value of each share of each such class; (ii) The number of shares that are to be without par value; and (iii) A statement of all or any of the designations and the powers, preferences, and rights, and the qualifications and limitations or restrictions thereof which are permitted by the provisions of the laws of this state governing the issuance of stock by private corporations in respect to any classes of stock of the corporation and the fixing of which by means of the articles of incorporation is desired and an express grant of such authority as it may then be desired to grant to the board of directors to fix, by resolutions, such powers, preferences, rights, qualifications, limitations, and restrictions that may be desired but which shall not be fixed by the articles; (6) The amount of paid-in capital with which the corporation will begin business. The amount shall not be less than three hundred dollars ($300); (7) The name and post office address of each of the incorporators and a statement of the number of shares subscribed by each, which number shall not be less than one (1), and the class of shares for which each has subscribed; (8) A statement, verified under oath by three (3) of the incorporators, setting forth the manner in which the public convenience, necessity, and interest will be served or promoted by the granting of a charter authorizing the establishment of the proposed corporation and construction or acquisition of the railroad, yards, shops, tracks, and other facilities proposed to be constructed or acquired by the corporation; and (9) A preliminary survey of the proposed roadway or route of the line or tracks to be constructed or acquired by the corporation shall be attached to the application. The application shall set forth in detail the proposed location of all rights-of-way and other facilities of the corporation and the cities or other points through which, in which, or to which it proposes to establish its line or other facilities. Amended by Act 2017, No. 707,§ 158, eff. 8/1/2017. Acts 1959, No. 30, § 3; A.S.A. 1947, § 73-301.3.

Any number of persons, not fewer than three (3), being subscribers of the stock of any contemplated railroad corporation and desiring to form a railroad corporation under the laws of this state, may do so by first filing an application with the Arkansas Department of Transportation, setting forth the following information:

(1) The name of the proposed corporation. The corporate name must end with abbreviation "Inc." or must include the word "corporation" or "incorporation" or may include the word "company" or the abbreviation "Co." if that word or abbreviation is not immediately preceded by the word "and" or the abbreviation "&";

(2) The purpose of the corporation;

(3) The duration of the corporation, which may be perpetual or limited;

(4) The name of its resident agent, which resident agent may be either an individual or a corporation, and the address of the resident agent must be shown with particularity;

(5) If the corporation is to be authorized to issue: (A) Only one (1) class of stock, the total number of shares of stock which the corporation shall have authority to issue, and: (i) The par value of each of the shares; or (ii) A statement that all the shares are to be without par value; or (B) More than one (1) class of stock, the total number of shares of all classes which the corporation shall have authority to issue, and: (i) The number of the shares of each class thereof that are to have a par value and the par value of each share of each such class; (ii) The number of shares that are to be without par value; and (iii) A statement of all or any of the designations and the powers, preferences, and rights, and the qualifications and limitations or restrictions thereof which are permitted by the provisions of the laws of this state governing the issuance of stock by private corporations in respect to any classes of stock of the corporation and the fixing of which by means of the articles of incorporation is desired and an express grant of such authority as it may then be desired to grant to the board of directors to fix, by resolutions, such powers, preferences, rights, qualifications, limitations, and restrictions that may be desired but which shall not be fixed by the articles;

(A) Only one (1) class of stock, the total number of shares of stock which the corporation shall have authority to issue, and: (i) The par value of each of the shares; or (ii) A statement that all the shares are to be without par value; or

(i) The par value of each of the shares; or

(ii) A statement that all the shares are to be without par value; or

(B) More than one (1) class of stock, the total number of shares of all classes which the corporation shall have authority to issue, and: (i) The number of the shares of each class thereof that are to have a par value and the par value of each share of each such class; (ii) The number of shares that are to be without par value; and (iii) A statement of all or any of the designations and the powers, preferences, and rights, and the qualifications and limitations or restrictions thereof which are permitted by the provisions of the laws of this state governing the issuance of stock by private corporations in respect to any classes of stock of the corporation and the fixing of which by means of the articles of incorporation is desired and an express grant of such authority as it may then be desired to grant to the board of directors to fix, by resolutions, such powers, preferences, rights, qualifications, limitations, and restrictions that may be desired but which shall not be fixed by the articles;

(i) The number of the shares of each class thereof that are to have a par value and the par value of each share of each such class;

(ii) The number of shares that are to be without par value; and

(iii) A statement of all or any of the designations and the powers, preferences, and rights, and the qualifications and limitations or restrictions thereof which are permitted by the provisions of the laws of this state governing the issuance of stock by private corporations in respect to any classes of stock of the corporation and the fixing of which by means of the articles of incorporation is desired and an express grant of such authority as it may then be desired to grant to the board of directors to fix, by resolutions, such powers, preferences, rights, qualifications, limitations, and restrictions that may be desired but which shall not be fixed by the articles;

(6) The amount of paid-in capital with which the corporation will begin business. The amount shall not be less than three hundred dollars ($300);

(7) The name and post office address of each of the incorporators and a statement of the number of shares subscribed by each, which number shall not be less than one (1), and the class of shares for which each has subscribed;

(8) A statement, verified under oath by three (3) of the incorporators, setting forth the manner in which the public convenience, necessity, and interest will be served or promoted by the granting of a charter authorizing the establishment of the proposed corporation and construction or acquisition of the railroad, yards, shops, tracks, and other facilities proposed to be constructed or acquired by the corporation; and

(9) A preliminary survey of the proposed roadway or route of the line or tracks to be constructed or acquired by the corporation shall be attached to the application. The application shall set forth in detail the proposed location of all rights-of-way and other facilities of the corporation and the cities or other points through which, in which, or to which it proposes to establish its line or other facilities.

Amended by Act 2017, No. 707,§ 158, eff. 8/1/2017.

Acts 1959, No. 30, § 3; A.S.A. 1947, § 73-301.3.
Ark. Code Ann. § 23-78-109 — AR Code / Title 23 / Chapter 78 / Section 23-78-109
Burial associations under authority, supervision, and control of board
Status: in_force

All burial associations organized or operating in the State of Arkansas are under the authority, supervision, and control of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. Amended by Act 2017, No. 788,§ 74, eff. 7/1/2018. Acts 1953, No. 91, § 6; A.S.A. 1947, § 66-1806.

All burial associations organized or operating in the State of Arkansas are under the authority, supervision, and control of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

Amended by Act 2017, No. 788,§ 74, eff. 7/1/2018.

Acts 1953, No. 91, § 6; A.S.A. 1947, § 66-1806.
Ark. Code Ann. § 23-63-1510 — AR Code / Title 23 / Chapter 63 / Subchapter 15 / Section 23-63-1510
Foreign health organizations
Status: in_force

(a) (1) On the written request of the Insurance Commissioner, a foreign health organization shall submit to the Insurance Commissioner an RBC report as of the end of the calendar year just ended that is the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this subchapter; or (B) Fifteen (15) days after the request is received by the foreign health organization. (2) At the written request of the Insurance Commissioner, a foreign health organization shall promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state. (b) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to a foreign health organization as determined under the RBC statute applicable in the state of domicile of the health organization or, if no RBC statute is in force in that state, under this subchapter, if the insurance commissioner of the state of domicile of the foreign health organization fails to require the foreign health organization to file an RBC plan in the way specified under that state's RBC statute or, if no RBC statute is in force in that state, under § 23-63-1503 the Insurance Commissioner may require the foreign health organization to file an RBC plan with the Insurance Commissioner. In this event, the failure of the foreign health organization to file an RBC plan with the Insurance Commissioner shall be grounds to order the health organization to cease and desist from writing new insurance business in this state. (c) In the event of a mandatory control level event with respect to a foreign health organization, if no domiciliary receiver has been appointed with respect to the foreign health organization under the rehabilitation and liquidation statutes applicable in the state of domicile of the foreign health organization, the Insurance Commissioner may make application under the Uniform Insurers Liquidation Act, §§ 23-68-101 , 23-68-102(2) -(13), 23-68-104 , 23-68-105 , 23-68-113 , and 23-68-115 - 23-68-120 , with respect to the liquidation of property of foreign health organizations found in this state, and the occurrence of the mandatory control level event is considered adequate grounds for the application. Acts 1999, No. 580, § 10; 2011, No. 760, § 5.

(a) (1) On the written request of the Insurance Commissioner, a foreign health organization shall submit to the Insurance Commissioner an RBC report as of the end of the calendar year just ended that is the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this subchapter; or (B) Fifteen (15) days after the request is received by the foreign health organization. (2) At the written request of the Insurance Commissioner, a foreign health organization shall promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.

(1) On the written request of the Insurance Commissioner, a foreign health organization shall submit to the Insurance Commissioner an RBC report as of the end of the calendar year just ended that is the later of: (A) The date an RBC report would be required to be filed by a domestic health organization under this subchapter; or (B) Fifteen (15) days after the request is received by the foreign health organization.

(A) The date an RBC report would be required to be filed by a domestic health organization under this subchapter; or

(B) Fifteen (15) days after the request is received by the foreign health organization.

(2) At the written request of the Insurance Commissioner, a foreign health organization shall promptly submit to the commissioner a copy of any RBC plan that is filed with the insurance commissioner of any other state.

(b) In the event of a company action level event, regulatory action level event, or authorized control level event with respect to a foreign health organization as determined under the RBC statute applicable in the state of domicile of the health organization or, if no RBC statute is in force in that state, under this subchapter, if the insurance commissioner of the state of domicile of the foreign health organization fails to require the foreign health organization to file an RBC plan in the way specified under that state's RBC statute or, if no RBC statute is in force in that state, under § 23-63-1503 the Insurance Commissioner may require the foreign health organization to file an RBC plan with the Insurance Commissioner. In this event, the failure of the foreign health organization to file an RBC plan with the Insurance Commissioner shall be grounds to order the health organization to cease and desist from writing new insurance business in this state.

(c) In the event of a mandatory control level event with respect to a foreign health organization, if no domiciliary receiver has been appointed with respect to the foreign health organization under the rehabilitation and liquidation statutes applicable in the state of domicile of the foreign health organization, the Insurance Commissioner may make application under the Uniform Insurers Liquidation Act, §§ 23-68-101 , 23-68-102(2) -(13), 23-68-104 , 23-68-105 , 23-68-113 , and 23-68-115 - 23-68-120 , with respect to the liquidation of property of foreign health organizations found in this state, and the occurrence of the mandatory control level event is considered adequate grounds for the application.

Acts 1999, No. 580, § 10; 2011, No. 760, § 5.
Ark. Code Ann. § 23-83-109 — AR Code / Title 23 / Chapter 83 / Section 23-83-109
Provisions required in policy
Status: in_force

(a) No policy shall be delivered in this state unless it contains in substance the following provisions, or provisions which in the opinion of the Insurance Commissioner are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder. (b) However: (1) Provisions in §§ 23-83-115 - 23-83-119 shall not apply to policies insuring the lives of debtors; (2) The standard provisions required for individual policies shall not apply to group policies; and (3) If the group policy is an annuity policy or is a life insurance policy on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision which in the opinion of the commissioner is equitable to the insured persons and to the policyholder, but nothing in this subdivision (b)(3) shall be construed to require that group policies contain the same nonforfeiture provisions as are required for individual policies. Acts 1981, No. 898, § 9; A.S.A. 1947, § 66-3509.

(a) No policy shall be delivered in this state unless it contains in substance the following provisions, or provisions which in the opinion of the Insurance Commissioner are more favorable to the persons insured, or at least as favorable to the persons insured and more favorable to the policyholder.

(b) However: (1) Provisions in §§ 23-83-115 - 23-83-119 shall not apply to policies insuring the lives of debtors; (2) The standard provisions required for individual policies shall not apply to group policies; and (3) If the group policy is an annuity policy or is a life insurance policy on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision which in the opinion of the commissioner is equitable to the insured persons and to the policyholder, but nothing in this subdivision (b)(3) shall be construed to require that group policies contain the same nonforfeiture provisions as are required for individual policies.

(1) Provisions in §§ 23-83-115 - 23-83-119 shall not apply to policies insuring the lives of debtors;

(2) The standard provisions required for individual policies shall not apply to group policies; and

(3) If the group policy is an annuity policy or is a life insurance policy on a plan of insurance other than the term plan, it shall contain a nonforfeiture provision which in the opinion of the commissioner is equitable to the insured persons and to the policyholder, but nothing in this subdivision (b)(3) shall be construed to require that group policies contain the same nonforfeiture provisions as are required for individual policies.

Acts 1981, No. 898, § 9; A.S.A. 1947, § 66-3509.
Ark. Code Ann. § 23-67-505 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-505
Filing of rating information
Status: in_force

(a) Every malpractice insurer shall file with the Insurance Commissioner every manual of classifications, rules, and rates, every rating plan, and every modification of any manual classification, rule, or rate that it proposes to use in this state. (b) The expense provisions included in the rates to be used by a malpractice insurer shall reflect its: (1) Operating methods; and (2) Actual and anticipated expense experience. (c) (1) The rates to be used by a malpractice insurer shall contain provisions for contingencies and an allowance permitting a reasonable rate of return. (2) In determining a reasonable rate of return, consideration shall be given to all investment income reasonably attributable to the insurer's malpractice insurance line of business. (d) Every filing shall: (1) State its proposed effective date; (2) Indicate the character and extent of the coverage contemplated; and (3) Contain supporting information which may include: (A) The experience or judgment of the malpractice insurer making the filing; (B) Its interpretation of any statistical data relied upon; (C) The experience of other malpractice insurers; and (D) Any other factors that the malpractice insurer deems relevant. Acts 2005, No. 1697, § 19.

(a) Every malpractice insurer shall file with the Insurance Commissioner every manual of classifications, rules, and rates, every rating plan, and every modification of any manual classification, rule, or rate that it proposes to use in this state.

(b) The expense provisions included in the rates to be used by a malpractice insurer shall reflect its: (1) Operating methods; and (2) Actual and anticipated expense experience.

(1) Operating methods; and

(2) Actual and anticipated expense experience.

(c) (1) The rates to be used by a malpractice insurer shall contain provisions for contingencies and an allowance permitting a reasonable rate of return. (2) In determining a reasonable rate of return, consideration shall be given to all investment income reasonably attributable to the insurer's malpractice insurance line of business.

(1) The rates to be used by a malpractice insurer shall contain provisions for contingencies and an allowance permitting a reasonable rate of return.

(2) In determining a reasonable rate of return, consideration shall be given to all investment income reasonably attributable to the insurer's malpractice insurance line of business.

(d) Every filing shall: (1) State its proposed effective date; (2) Indicate the character and extent of the coverage contemplated; and (3) Contain supporting information which may include: (A) The experience or judgment of the malpractice insurer making the filing; (B) Its interpretation of any statistical data relied upon; (C) The experience of other malpractice insurers; and (D) Any other factors that the malpractice insurer deems relevant.

(1) State its proposed effective date;

(2) Indicate the character and extent of the coverage contemplated; and

(3) Contain supporting information which may include: (A) The experience or judgment of the malpractice insurer making the filing; (B) Its interpretation of any statistical data relied upon; (C) The experience of other malpractice insurers; and (D) Any other factors that the malpractice insurer deems relevant.

(A) The experience or judgment of the malpractice insurer making the filing;

(B) Its interpretation of any statistical data relied upon;

(C) The experience of other malpractice insurers; and

(D) Any other factors that the malpractice insurer deems relevant.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-13-235 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-235
Annual fees charged carriers - Remittance - Disposition of funds
Status: in_force

(a) (1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate or permit issued pursuant to this subchapter shall be five dollars ($5.00) for each bus, truck, or truck-tractor of the carrier to be operated in this state. (2) The annual registration fee for the registration of insurance to be collected from any other carrier, including a carrier holding a certificate or permit issued by the United States Surface Transportation Board, on behalf of the State of Arkansas shall be collected under the base state registration program and shall be five dollars ($5.00) per motor vehicle. (3) The Arkansas Department of Transportation shall also collect fees under the base state registration program on behalf of and for all other participating states of travel from all carriers based in the State of Arkansas. All fees collected on behalf of other participating states shall be collected in the amount required by that state and remitted to that state under the rules adopted by the United States Surface Transportation Board. (b) All fees as set out in this section shall be due and payable on or before January 1 of each year to cover the ensuing calendar year. However, the fees to be collected from the holders of temporary authority shall be due and payable before the authority is first exercised. (c) Nothing in this section shall be construed as requiring the payment of more than the fees for each bus, truck, or truck-tractor so used as set out in subsection (a) of this section, but the fee shall be paid annually for each motor vehicle, as the term "motor vehicle" is defined in rules of the United States Surface Transportation Board. (d) Failure on the part of any person or carrier to pay the annual registration fees as provided in this section shall be a violation of this subchapter, and upon conviction the person or carrier shall be punished as provided in § 23-13-257 . Amended by Act 2019, No. 315,§ 2432, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2431, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 208, eff. 8/1/2017. Acts 1955, No. 397, § 26; 1957, No. 343, § 1; 1983, No. 565, § 7; A.S.A. 1947, § 73-1779; Acts 1993, No. 1027, § 2.

(a) (1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate or permit issued pursuant to this subchapter shall be five dollars ($5.00) for each bus, truck, or truck-tractor of the carrier to be operated in this state. (2) The annual registration fee for the registration of insurance to be collected from any other carrier, including a carrier holding a certificate or permit issued by the United States Surface Transportation Board, on behalf of the State of Arkansas shall be collected under the base state registration program and shall be five dollars ($5.00) per motor vehicle. (3) The Arkansas Department of Transportation shall also collect fees under the base state registration program on behalf of and for all other participating states of travel from all carriers based in the State of Arkansas. All fees collected on behalf of other participating states shall be collected in the amount required by that state and remitted to that state under the rules adopted by the United States Surface Transportation Board.

(1) From each common or contract carrier of passengers or property, there shall be collected an annual fee for the registration of insurance. The annual registration fee to be collected from each common or contract carrier of passengers or property holding only a certificate or permit issued pursuant to this subchapter shall be five dollars ($5.00) for each bus, truck, or truck-tractor of the carrier to be operated in this state.

(2) The annual registration fee for the registration of insurance to be collected from any other carrier, including a carrier holding a certificate or permit issued by the United States Surface Transportation Board, on behalf of the State of Arkansas shall be collected under the base state registration program and shall be five dollars ($5.00) per motor vehicle.

(3) The Arkansas Department of Transportation shall also collect fees under the base state registration program on behalf of and for all other participating states of travel from all carriers based in the State of Arkansas. All fees collected on behalf of other participating states shall be collected in the amount required by that state and remitted to that state under the rules adopted by the United States Surface Transportation Board.

(b) All fees as set out in this section shall be due and payable on or before January 1 of each year to cover the ensuing calendar year. However, the fees to be collected from the holders of temporary authority shall be due and payable before the authority is first exercised.

(c) Nothing in this section shall be construed as requiring the payment of more than the fees for each bus, truck, or truck-tractor so used as set out in subsection (a) of this section, but the fee shall be paid annually for each motor vehicle, as the term "motor vehicle" is defined in rules of the United States Surface Transportation Board.

(d) Failure on the part of any person or carrier to pay the annual registration fees as provided in this section shall be a violation of this subchapter, and upon conviction the person or carrier shall be punished as provided in § 23-13-257 .

Amended by Act 2019, No. 315,§ 2432, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2431, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 208, eff. 8/1/2017.

Acts 1955, No. 397, § 26; 1957, No. 343, § 1; 1983, No. 565, § 7; A.S.A. 1947, § 73-1779; Acts 1993, No. 1027, § 2.
Ark. Code Ann. § 23-11-311 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-311
Control of parallel or competing line prohibited - Contracts, etc., void - Penalties
Status: in_force

(a) (1) No railroad or the lessees, purchasers, or managers of any railroad shall consolidate the stock, property, or franchises of the corporation with, nor lease or purchase the works or franchises of, nor in any way control any other railroad owning or having under its control a parallel or competing line, nor shall any officer of such a railroad act as an officer of any other railroad owning or having control of a parallel or competing line; (2) In all cases under this section, when demanded by either party, the question whether railroads are parallel or competing lines shall be decided by a jury. (b) (1) All acts or attempted acts of any railroad, or the lessees, purchasers, or managers of any railroad, in violation of any of the provisions of subsection (a) of this section shall be void. (2) Any person or party aggrieved or affected by any such acts or attempted acts, whether stockholders or not, may bring an action against them in the circuit court of any county through which the railroad passes. The court shall have jurisdiction in the case and power to set aside any such acts or attempted acts as void, and to restrain and enjoin the acts or attempted acts and grant all other proper relief. (c) Any officer of the railroad who violates subsection (a) of this section, by acting also as an officer of any other parallel or competing line of railroad, as therein prohibited, shall forfeit and pay not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) per day during the time he or she so violated subsection (a) of this section, to be recovered by civil action brought by like parties and in like manner, as provided in subsection (b) of this section. Acts 1887, No. 81, §§ 2, 13, p. 113; C. & M. Dig., §§ 8533, 8535; Pope's Dig., §§ 11109, 11111; A.S.A. 1947, §§ 73-1501, 73-1502.

(a) (1) No railroad or the lessees, purchasers, or managers of any railroad shall consolidate the stock, property, or franchises of the corporation with, nor lease or purchase the works or franchises of, nor in any way control any other railroad owning or having under its control a parallel or competing line, nor shall any officer of such a railroad act as an officer of any other railroad owning or having control of a parallel or competing line; (2) In all cases under this section, when demanded by either party, the question whether railroads are parallel or competing lines shall be decided by a jury.

(1) No railroad or the lessees, purchasers, or managers of any railroad shall consolidate the stock, property, or franchises of the corporation with, nor lease or purchase the works or franchises of, nor in any way control any other railroad owning or having under its control a parallel or competing line, nor shall any officer of such a railroad act as an officer of any other railroad owning or having control of a parallel or competing line;

(2) In all cases under this section, when demanded by either party, the question whether railroads are parallel or competing lines shall be decided by a jury.

(b) (1) All acts or attempted acts of any railroad, or the lessees, purchasers, or managers of any railroad, in violation of any of the provisions of subsection (a) of this section shall be void. (2) Any person or party aggrieved or affected by any such acts or attempted acts, whether stockholders or not, may bring an action against them in the circuit court of any county through which the railroad passes. The court shall have jurisdiction in the case and power to set aside any such acts or attempted acts as void, and to restrain and enjoin the acts or attempted acts and grant all other proper relief.

(1) All acts or attempted acts of any railroad, or the lessees, purchasers, or managers of any railroad, in violation of any of the provisions of subsection (a) of this section shall be void.

(2) Any person or party aggrieved or affected by any such acts or attempted acts, whether stockholders or not, may bring an action against them in the circuit court of any county through which the railroad passes. The court shall have jurisdiction in the case and power to set aside any such acts or attempted acts as void, and to restrain and enjoin the acts or attempted acts and grant all other proper relief.

(c) Any officer of the railroad who violates subsection (a) of this section, by acting also as an officer of any other parallel or competing line of railroad, as therein prohibited, shall forfeit and pay not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500) per day during the time he or she so violated subsection (a) of this section, to be recovered by civil action brought by like parties and in like manner, as provided in subsection (b) of this section.

Acts 1887, No. 81, §§ 2, 13, p. 113; C. & M. Dig., §§ 8533, 8535; Pope's Dig., §§ 11109, 11111; A.S.A. 1947, §§ 73-1501, 73-1502.
Ark. Code Ann. § 23-86-119 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-119
Disclosure to policyholders
Status: in_force

(a) Upon request from a policyholder with more than twenty-five (25) insured employees under a comprehensive health insurance policy, any insurer issuing or delivering group accident and health insurance policies in this state shall provide to the policyholder the following information for the most recent twelve-month period or for the entire period of coverage, whichever is shorter: (1) Claims incurred by month; (2) Premiums paid by month; (3) Number of insureds to include dependents by month; and (4) Claims exceeding ten thousand dollars ($10,000) on any individual with diagnosis during the same period. (b) This section does not require the insurer to disclose any information that is required by law to be confidential. Acts 1999, No. 1002, § 1; 2001, No. 1063, § 19; 2007, No. 496, § 18.

(a) Upon request from a policyholder with more than twenty-five (25) insured employees under a comprehensive health insurance policy, any insurer issuing or delivering group accident and health insurance policies in this state shall provide to the policyholder the following information for the most recent twelve-month period or for the entire period of coverage, whichever is shorter: (1) Claims incurred by month; (2) Premiums paid by month; (3) Number of insureds to include dependents by month; and (4) Claims exceeding ten thousand dollars ($10,000) on any individual with diagnosis during the same period.

(1) Claims incurred by month;

(2) Premiums paid by month;

(3) Number of insureds to include dependents by month; and

(4) Claims exceeding ten thousand dollars ($10,000) on any individual with diagnosis during the same period.

(b) This section does not require the insurer to disclose any information that is required by law to be confidential.

Acts 1999, No. 1002, § 1; 2001, No. 1063, § 19; 2007, No. 496, § 18.
Ark. Code Ann. § 23-32-404 — AR Code / Title 23 / Chapter 32 / Subchapter 4 / Section 23-32-404
Consent to service of process on Secretary of State
Status: in_force

(a) All investor companies, except national banking institutions and state-chartered banks subject to federal regulation, acting either in their own behalf or acting as trustee for trust funds, foundations, pension funds, or related investors, must, before purchasing mortgage notes, mortgages, or deeds of trust, file a statement with the Secretary of State constituting him or her as their agent for service. (b) The statement shall contain the address of the investor company and shall be signed by the president, secretary, general manager, trustee, or other person charged with the administration of the funds of the investor company. (c) It shall be the duty of the Secretary of State, upon service of process, to forward all such process forthwith by registered mail to the address shown on the statement of the appropriate investor company. Acts 1997, No. 88, § 4.

(a) All investor companies, except national banking institutions and state-chartered banks subject to federal regulation, acting either in their own behalf or acting as trustee for trust funds, foundations, pension funds, or related investors, must, before purchasing mortgage notes, mortgages, or deeds of trust, file a statement with the Secretary of State constituting him or her as their agent for service.

(b) The statement shall contain the address of the investor company and shall be signed by the president, secretary, general manager, trustee, or other person charged with the administration of the funds of the investor company.

(c) It shall be the duty of the Secretary of State, upon service of process, to forward all such process forthwith by registered mail to the address shown on the statement of the appropriate investor company.

Acts 1997, No. 88, § 4.
Ark. Code Ann. § 23-42-207 — AR Code / Title 23 / Chapter 42 / Subchapter 2 / Section 23-42-207
Public inspection of records - Exceptions
Status: in_force

(a) (1) Unless otherwise specified below, all information filed with the Securities Commissioner shall be available for public inspection. (2) The information contained in or filed with any registration statement, notice filing, application, or report may be made available to the public under any rules which the commissioner prescribes. (b) Except for reasonable segregable portions which are public information, the commissioner shall not publish or make available the following information: (1) Information contained in reports, summaries, analyses, letters, or memoranda arising out of, in anticipation of, or in connection with an examination or inspection of the books and records of any person or any other investigation; (2) Interagency or intraagency memoranda or letters, including generally records which reflect discussions between or consideration by the commissioner or members of his or her staff, or both, of any action taken or proposed to be taken by the commissioner or by any members of his or her staff, and, specifically, reports, summaries, analyses, conclusions, or any other work product of the commissioner or of attorneys, accountants, analysts, or other members of the commissioner's staff, prepared in the course of an inspection of the books or records of any person whose affairs are regulated by the commissioner, or prepared otherwise in the course of an examination or investigation or related litigation conducted by or on behalf of the commissioner, except those which by law would routinely be made to a party other than an agency in litigation with the commissioner; (3) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, including those concerning employees of the State Securities Department or employees of the Department of Commerce working for the State Securities Department and those concerning persons subject to regulation by employees of broker-dealers reported to the commissioner pursuant to the State Securities Department's rules concerning registration of broker-dealers and agents; (4) (A) Investigatory records compiled for law enforcement purposes to the extent that production of the records would interfere with enforcement proceedings, deprive a person of a right to a fair trial or an impartial adjudication, or disclose the identity of a confidential source. (B) In a particular case the commissioner may also withhold investigatory records that would constitute an unwarranted invasion of personal privacy, disclose investigative techniques and procedures, or endanger the life or physical safety of law enforcement personnel. (C) Investigatory records include all documents, records, transcripts, correspondence, and related memoranda and work product concerning examinations and other investigations and related litigation as authorized by law, which pertain to or may disclose the possible violations by any person of any provision of any of the statutes or rules administered by the commissioner, and all written communications from or to any person confidentially complaining or otherwise furnishing information respecting the possible violations, as well as all correspondence and memoranda in connection with the confidential complaints or information; (5) Information contained in or related to examinations, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions; (6) (A) Financial records of broker-dealers, investment advisers, agents, or representatives obtained during or as a result of an examination by the State Securities Department. (B) However, when those records are required by this chapter to be filed with the State Securities Department as part of a notice filing, registration, annual renewal, or otherwise, the records, including financial statements prepared by certified public accountants, shall be public unless sections of the information are bound separately and marked privileged and confidential by the broker-dealer, investment adviser, agent, or representative upon its submission, in which case it shall be deemed nonpublic until ten (10) days after the commissioner has given the broker-dealer, investment adviser, agent, or representative notice that an order will be entered deeming the material public. (C) If the broker-dealer, investment adviser, agent, or representative believes the commissioner's order is incorrect, the broker-dealer, investment adviser, agent, or representative may seek an injunction from the Pulaski County Circuit Court ordering the State Securities Department to hold the information as nonpublic pending a final order of a court of competent jurisdiction if the order of the commissioner is appealed pursuant to applicable law; (7) Trade secrets obtained from any person; and (8) Any other records which under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other laws are required to be closed to the public and are not deemed open to the public inspection. Amended by Act 2019, No. 315,§ 2512, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 577, eff. 7/1/2019. Acts 1959, No. 254, § 25; 1985, No. 939, § 10; A.S.A. 1947, § 67-1259; Acts 1995, No. 845, § 8; 1997, No. 173, § 8; 2009, No. 462, § 4.

(a) (1) Unless otherwise specified below, all information filed with the Securities Commissioner shall be available for public inspection. (2) The information contained in or filed with any registration statement, notice filing, application, or report may be made available to the public under any rules which the commissioner prescribes.

(1) Unless otherwise specified below, all information filed with the Securities Commissioner shall be available for public inspection.

(2) The information contained in or filed with any registration statement, notice filing, application, or report may be made available to the public under any rules which the commissioner prescribes.

(b) Except for reasonable segregable portions which are public information, the commissioner shall not publish or make available the following information: (1) Information contained in reports, summaries, analyses, letters, or memoranda arising out of, in anticipation of, or in connection with an examination or inspection of the books and records of any person or any other investigation; (2) Interagency or intraagency memoranda or letters, including generally records which reflect discussions between or consideration by the commissioner or members of his or her staff, or both, of any action taken or proposed to be taken by the commissioner or by any members of his or her staff, and, specifically, reports, summaries, analyses, conclusions, or any other work product of the commissioner or of attorneys, accountants, analysts, or other members of the commissioner's staff, prepared in the course of an inspection of the books or records of any person whose affairs are regulated by the commissioner, or prepared otherwise in the course of an examination or investigation or related litigation conducted by or on behalf of the commissioner, except those which by law would routinely be made to a party other than an agency in litigation with the commissioner; (3) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, including those concerning employees of the State Securities Department or employees of the Department of Commerce working for the State Securities Department and those concerning persons subject to regulation by employees of broker-dealers reported to the commissioner pursuant to the State Securities Department's rules concerning registration of broker-dealers and agents; (4) (A) Investigatory records compiled for law enforcement purposes to the extent that production of the records would interfere with enforcement proceedings, deprive a person of a right to a fair trial or an impartial adjudication, or disclose the identity of a confidential source. (B) In a particular case the commissioner may also withhold investigatory records that would constitute an unwarranted invasion of personal privacy, disclose investigative techniques and procedures, or endanger the life or physical safety of law enforcement personnel. (C) Investigatory records include all documents, records, transcripts, correspondence, and related memoranda and work product concerning examinations and other investigations and related litigation as authorized by law, which pertain to or may disclose the possible violations by any person of any provision of any of the statutes or rules administered by the commissioner, and all written communications from or to any person confidentially complaining or otherwise furnishing information respecting the possible violations, as well as all correspondence and memoranda in connection with the confidential complaints or information; (5) Information contained in or related to examinations, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions; (6) (A) Financial records of broker-dealers, investment advisers, agents, or representatives obtained during or as a result of an examination by the State Securities Department. (B) However, when those records are required by this chapter to be filed with the State Securities Department as part of a notice filing, registration, annual renewal, or otherwise, the records, including financial statements prepared by certified public accountants, shall be public unless sections of the information are bound separately and marked privileged and confidential by the broker-dealer, investment adviser, agent, or representative upon its submission, in which case it shall be deemed nonpublic until ten (10) days after the commissioner has given the broker-dealer, investment adviser, agent, or representative notice that an order will be entered deeming the material public. (C) If the broker-dealer, investment adviser, agent, or representative believes the commissioner's order is incorrect, the broker-dealer, investment adviser, agent, or representative may seek an injunction from the Pulaski County Circuit Court ordering the State Securities Department to hold the information as nonpublic pending a final order of a court of competent jurisdiction if the order of the commissioner is appealed pursuant to applicable law; (7) Trade secrets obtained from any person; and (8) Any other records which under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other laws are required to be closed to the public and are not deemed open to the public inspection.

(1) Information contained in reports, summaries, analyses, letters, or memoranda arising out of, in anticipation of, or in connection with an examination or inspection of the books and records of any person or any other investigation;

(2) Interagency or intraagency memoranda or letters, including generally records which reflect discussions between or consideration by the commissioner or members of his or her staff, or both, of any action taken or proposed to be taken by the commissioner or by any members of his or her staff, and, specifically, reports, summaries, analyses, conclusions, or any other work product of the commissioner or of attorneys, accountants, analysts, or other members of the commissioner's staff, prepared in the course of an inspection of the books or records of any person whose affairs are regulated by the commissioner, or prepared otherwise in the course of an examination or investigation or related litigation conducted by or on behalf of the commissioner, except those which by law would routinely be made to a party other than an agency in litigation with the commissioner;

(3) Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, including those concerning employees of the State Securities Department or employees of the Department of Commerce working for the State Securities Department and those concerning persons subject to regulation by employees of broker-dealers reported to the commissioner pursuant to the State Securities Department's rules concerning registration of broker-dealers and agents;

(4) (A) Investigatory records compiled for law enforcement purposes to the extent that production of the records would interfere with enforcement proceedings, deprive a person of a right to a fair trial or an impartial adjudication, or disclose the identity of a confidential source. (B) In a particular case the commissioner may also withhold investigatory records that would constitute an unwarranted invasion of personal privacy, disclose investigative techniques and procedures, or endanger the life or physical safety of law enforcement personnel. (C) Investigatory records include all documents, records, transcripts, correspondence, and related memoranda and work product concerning examinations and other investigations and related litigation as authorized by law, which pertain to or may disclose the possible violations by any person of any provision of any of the statutes or rules administered by the commissioner, and all written communications from or to any person confidentially complaining or otherwise furnishing information respecting the possible violations, as well as all correspondence and memoranda in connection with the confidential complaints or information;

(A) Investigatory records compiled for law enforcement purposes to the extent that production of the records would interfere with enforcement proceedings, deprive a person of a right to a fair trial or an impartial adjudication, or disclose the identity of a confidential source.

(B) In a particular case the commissioner may also withhold investigatory records that would constitute an unwarranted invasion of personal privacy, disclose investigative techniques and procedures, or endanger the life or physical safety of law enforcement personnel.

(C) Investigatory records include all documents, records, transcripts, correspondence, and related memoranda and work product concerning examinations and other investigations and related litigation as authorized by law, which pertain to or may disclose the possible violations by any person of any provision of any of the statutes or rules administered by the commissioner, and all written communications from or to any person confidentially complaining or otherwise furnishing information respecting the possible violations, as well as all correspondence and memoranda in connection with the confidential complaints or information;

(5) Information contained in or related to examinations, operating, or condition reports prepared by, on behalf of, or for the use of any agency responsible for the regulation or supervision of financial institutions;

(6) (A) Financial records of broker-dealers, investment advisers, agents, or representatives obtained during or as a result of an examination by the State Securities Department. (B) However, when those records are required by this chapter to be filed with the State Securities Department as part of a notice filing, registration, annual renewal, or otherwise, the records, including financial statements prepared by certified public accountants, shall be public unless sections of the information are bound separately and marked privileged and confidential by the broker-dealer, investment adviser, agent, or representative upon its submission, in which case it shall be deemed nonpublic until ten (10) days after the commissioner has given the broker-dealer, investment adviser, agent, or representative notice that an order will be entered deeming the material public. (C) If the broker-dealer, investment adviser, agent, or representative believes the commissioner's order is incorrect, the broker-dealer, investment adviser, agent, or representative may seek an injunction from the Pulaski County Circuit Court ordering the State Securities Department to hold the information as nonpublic pending a final order of a court of competent jurisdiction if the order of the commissioner is appealed pursuant to applicable law;

(A) Financial records of broker-dealers, investment advisers, agents, or representatives obtained during or as a result of an examination by the State Securities Department.

(B) However, when those records are required by this chapter to be filed with the State Securities Department as part of a notice filing, registration, annual renewal, or otherwise, the records, including financial statements prepared by certified public accountants, shall be public unless sections of the information are bound separately and marked privileged and confidential by the broker-dealer, investment adviser, agent, or representative upon its submission, in which case it shall be deemed nonpublic until ten (10) days after the commissioner has given the broker-dealer, investment adviser, agent, or representative notice that an order will be entered deeming the material public.

(C) If the broker-dealer, investment adviser, agent, or representative believes the commissioner's order is incorrect, the broker-dealer, investment adviser, agent, or representative may seek an injunction from the Pulaski County Circuit Court ordering the State Securities Department to hold the information as nonpublic pending a final order of a court of competent jurisdiction if the order of the commissioner is appealed pursuant to applicable law;

(7) Trade secrets obtained from any person; and

(8) Any other records which under the Freedom of Information Act of 1967, § 25-19-101 et seq., or other laws are required to be closed to the public and are not deemed open to the public inspection.

Amended by Act 2019, No. 315,§ 2512, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 577, eff. 7/1/2019.

Acts 1959, No. 254, § 25; 1985, No. 939, § 10; A.S.A. 1947, § 67-1259; Acts 1995, No. 845, § 8; 1997, No. 173, § 8; 2009, No. 462, § 4.
Ark. Code Ann. § 23-2-417 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-417
Burden of proof
Status: in_force

In all actions and proceedings arising under the provisions of this act, or growing out of the exercise of the authority and powers granted by this act to the commission, the burden of proof shall be upon the parties seeking to avoid compliance with the provisions of this act or with any findings, rules, regulations, or orders of the commission. Acts 1935, No. 324, § 38; Pope's Dig., § 2101; A.S.A. 1947, § 73-237.

In all actions and proceedings arising under the provisions of this act, or growing out of the exercise of the authority and powers granted by this act to the commission, the burden of proof shall be upon the parties seeking to avoid compliance with the provisions of this act or with any findings, rules, regulations, or orders of the commission.

Acts 1935, No. 324, § 38; Pope's Dig., § 2101; A.S.A. 1947, § 73-237.
Ark. Code Ann. § 23-79-166 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-166
Insurance coverage of gender transition procedures for minors prohibited
Status: in_force

(a) As used in this section, "gender transition procedures" means the same as defined in § 20-9-1501 . (b) A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for a person under eighteen (18) years of age. (c) A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state is not required to provide coverage for gender transition procedures. Added by Act 2021, No. 626,§ 4, eff. 7/28/2021.

(a) As used in this section, "gender transition procedures" means the same as defined in § 20-9-1501 .

(b) A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state shall not include reimbursement for gender transition procedures for a person under eighteen (18) years of age.

(c) A health benefit plan under an insurance policy or other plan providing healthcare coverage in this state is not required to provide coverage for gender transition procedures.

Added by Act 2021, No. 626,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 23-66-304 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-304
Fictitious groups
Status: in_force

(a) No insurer, whether an authorized or unauthorized insurer, shall make available through any rating plan or form any fire, casualty, or surety insurance to any person, firm, corporation, or association of individuals at any preferred rate, premium, or form of contract based upon any fictitious grouping of the firm, corporation, or association. (b) "Fictitious grouping" is defined and declared to be the grouping by membership, nonmembership, license, franchise, agreement, contract, or any other method or means wherein the person, firm, corporation, or association of individuals of a group may receive a preferred rate, premium, or form of insurance contract. (c) Nothing in this section shall apply to the State of Arkansas or any governmental unit thereof, including counties, school districts, municipalities, state agencies, or any other governmental subsidiary, to life or accident and health insurance or to annuity contracts, nor to any insurer that restricts its insurance coverage to members of a particular association or organization with which the insurer is directly affiliated. Acts 1959, No. 148, § 231; 1963, No. 75, § 2; 1979, No. 615, § 1; A.S.A. 1947, § 66-3024; Acts 2001, No. 1603, § 26.

(a) No insurer, whether an authorized or unauthorized insurer, shall make available through any rating plan or form any fire, casualty, or surety insurance to any person, firm, corporation, or association of individuals at any preferred rate, premium, or form of contract based upon any fictitious grouping of the firm, corporation, or association.

(b) "Fictitious grouping" is defined and declared to be the grouping by membership, nonmembership, license, franchise, agreement, contract, or any other method or means wherein the person, firm, corporation, or association of individuals of a group may receive a preferred rate, premium, or form of insurance contract.

(c) Nothing in this section shall apply to the State of Arkansas or any governmental unit thereof, including counties, school districts, municipalities, state agencies, or any other governmental subsidiary, to life or accident and health insurance or to annuity contracts, nor to any insurer that restricts its insurance coverage to members of a particular association or organization with which the insurer is directly affiliated.

Acts 1959, No. 148, § 231; 1963, No. 75, § 2; 1979, No. 615, § 1; A.S.A. 1947, § 66-3024; Acts 2001, No. 1603, § 26.
Ark. Code Ann. § 23-2-303 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-303
Jurisdiction over intrastate transportation services
Status: in_force

Nothing contained in this act shall be construed as giving the Arkansas Public Service Commission any jurisdiction over taxicab or truck service in cities or towns, and of railroad, taxicab, or motor bus service between cities or towns, jurisdiction over which is vested in the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 97, eff. 8/1/2017. Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; A.S.A. 1947, § 73-201.

Nothing contained in this act shall be construed as giving the Arkansas Public Service Commission any jurisdiction over taxicab or truck service in cities or towns, and of railroad, taxicab, or motor bus service between cities or towns, jurisdiction over which is vested in the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 97, eff. 8/1/2017.

Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; A.S.A. 1947, § 73-201.
Ark. Code Ann. § 23-4-207 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-207
Advertising costs - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Advertising" means the commercial use by a utility of any medium including newspaper, bill enclosures, radio, and television in order to transmit a message to a substantial number of members of the public or to the utility's consumers; (2) "Informational advertising" means any advertising for the purpose of instructing customers in the use of service or providing information about the service; (3) "Political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters; and (4) "Promotional advertising" means any advertising for the purpose of encouraging any person to select or use any utility service. However, advertising which promotes or encourages the use of more energy-efficient appliances or the installation or usage of energy conservation measures as permitted in subsection (c) of this section shall not be considered to be promotional advertising for purposes of this section. (b) No public utility, as that term is defined by § 23-1-101 , shall charge, demand, collect, or receive from its customers or any person other than the shareholders or other owners of the utility any direct or indirect expenditure for promotional or political advertising. (c) Notwithstanding the provisions of subsection (b) of this section, but subject to the review of the Arkansas Public Service Commission, public utilities may properly recover from customers reasonable costs for advertising which comes within one (1) or more of the following categories: (1) Advertising that informs electric and gas consumers how they can conserve energy or can reduce peak demand for electric energy; (2) Advertising that is designed to promote the more efficient use of energy or energy resources within this state; (3) Advertising concerning employment opportunities with the utility; (4) Advertising which promotes or encourages the use of energy in such a way as to improve or maintain a utility's load factor or which promotes or encourages the acquisition, installation, or use of energy-efficient appliances, equipment, or energy conservation measures, or load management techniques including, but not limited to: caulking, weatherstripping, furnace efficiency modifications, installation or replacement of energy-efficient furnaces or boilers or furnace replacement burners, flue opening modifications, electrical or mechanical ignition systems, installation or replacement of energy-efficient air conditioning systems, heat pumps, ceiling insulation, wall insulation, floor insulation, duct insulation, pipe insulation, water heater insulation, storm windows, thermal windows, storm or thermal doors, heat-reflective and heat-absorbing windows or door material, clock thermostats, and devices associated with load management techniques; (5) Any explanation of existing or proposed rate schedules, or notifications thereof; (6) Information concerning the impact of facility siting, operations, or future plans on surrounding areas and populations; (7) Information concerning operations at company facilities that may potentially affect the public safety, convenience, and welfare; (8) Advertising which promotes economic development in the State of Arkansas where the utility can demonstrate, and the commission shall find, that the advertising expenditures were directly related to, and were reasonably incurred in the promotion of, the economic development of this state. Collection from customers of the utility of advertising expenditures shall be limited to those expenditures actually incurred within the test year utilized for ratemaking purposes as defined in § 23-4-406 and shall further be limited to five-one-hundredths of one percent (.05%) of the utility's revenues during that test year; and (9) Any other advertising which the commission determines should be recovered from the ratepayers. (d) Notwithstanding any other provisions of this section, and subject to approval by the commission, telephone utilities may recover from persons other than shareholders any direct or indirect expenditure for promotional and informational advertising regarding competitive service offerings. Acts 1983, No. 910, §§ 1, 2; A.S.A. 1947, §§ 73-277, 73-277.1; Acts 1987, No. 475, § 1; 1987 (1st Ex. Sess.), No. 44, § 1.

(a) As used in this section, unless the context otherwise requires: (1) "Advertising" means the commercial use by a utility of any medium including newspaper, bill enclosures, radio, and television in order to transmit a message to a substantial number of members of the public or to the utility's consumers; (2) "Informational advertising" means any advertising for the purpose of instructing customers in the use of service or providing information about the service; (3) "Political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters; and (4) "Promotional advertising" means any advertising for the purpose of encouraging any person to select or use any utility service. However, advertising which promotes or encourages the use of more energy-efficient appliances or the installation or usage of energy conservation measures as permitted in subsection (c) of this section shall not be considered to be promotional advertising for purposes of this section.

(1) "Advertising" means the commercial use by a utility of any medium including newspaper, bill enclosures, radio, and television in order to transmit a message to a substantial number of members of the public or to the utility's consumers;

(2) "Informational advertising" means any advertising for the purpose of instructing customers in the use of service or providing information about the service;

(3) "Political advertising" means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters; and

(4) "Promotional advertising" means any advertising for the purpose of encouraging any person to select or use any utility service. However, advertising which promotes or encourages the use of more energy-efficient appliances or the installation or usage of energy conservation measures as permitted in subsection (c) of this section shall not be considered to be promotional advertising for purposes of this section.

(b) No public utility, as that term is defined by § 23-1-101 , shall charge, demand, collect, or receive from its customers or any person other than the shareholders or other owners of the utility any direct or indirect expenditure for promotional or political advertising.

(c) Notwithstanding the provisions of subsection (b) of this section, but subject to the review of the Arkansas Public Service Commission, public utilities may properly recover from customers reasonable costs for advertising which comes within one (1) or more of the following categories: (1) Advertising that informs electric and gas consumers how they can conserve energy or can reduce peak demand for electric energy; (2) Advertising that is designed to promote the more efficient use of energy or energy resources within this state; (3) Advertising concerning employment opportunities with the utility; (4) Advertising which promotes or encourages the use of energy in such a way as to improve or maintain a utility's load factor or which promotes or encourages the acquisition, installation, or use of energy-efficient appliances, equipment, or energy conservation measures, or load management techniques including, but not limited to: caulking, weatherstripping, furnace efficiency modifications, installation or replacement of energy-efficient furnaces or boilers or furnace replacement burners, flue opening modifications, electrical or mechanical ignition systems, installation or replacement of energy-efficient air conditioning systems, heat pumps, ceiling insulation, wall insulation, floor insulation, duct insulation, pipe insulation, water heater insulation, storm windows, thermal windows, storm or thermal doors, heat-reflective and heat-absorbing windows or door material, clock thermostats, and devices associated with load management techniques; (5) Any explanation of existing or proposed rate schedules, or notifications thereof; (6) Information concerning the impact of facility siting, operations, or future plans on surrounding areas and populations; (7) Information concerning operations at company facilities that may potentially affect the public safety, convenience, and welfare; (8) Advertising which promotes economic development in the State of Arkansas where the utility can demonstrate, and the commission shall find, that the advertising expenditures were directly related to, and were reasonably incurred in the promotion of, the economic development of this state. Collection from customers of the utility of advertising expenditures shall be limited to those expenditures actually incurred within the test year utilized for ratemaking purposes as defined in § 23-4-406 and shall further be limited to five-one-hundredths of one percent (.05%) of the utility's revenues during that test year; and (9) Any other advertising which the commission determines should be recovered from the ratepayers.

(1) Advertising that informs electric and gas consumers how they can conserve energy or can reduce peak demand for electric energy;

(2) Advertising that is designed to promote the more efficient use of energy or energy resources within this state;

(3) Advertising concerning employment opportunities with the utility;

(4) Advertising which promotes or encourages the use of energy in such a way as to improve or maintain a utility's load factor or which promotes or encourages the acquisition, installation, or use of energy-efficient appliances, equipment, or energy conservation measures, or load management techniques including, but not limited to: caulking, weatherstripping, furnace efficiency modifications, installation or replacement of energy-efficient furnaces or boilers or furnace replacement burners, flue opening modifications, electrical or mechanical ignition systems, installation or replacement of energy-efficient air conditioning systems, heat pumps, ceiling insulation, wall insulation, floor insulation, duct insulation, pipe insulation, water heater insulation, storm windows, thermal windows, storm or thermal doors, heat-reflective and heat-absorbing windows or door material, clock thermostats, and devices associated with load management techniques;

(5) Any explanation of existing or proposed rate schedules, or notifications thereof;

(6) Information concerning the impact of facility siting, operations, or future plans on surrounding areas and populations;

(7) Information concerning operations at company facilities that may potentially affect the public safety, convenience, and welfare;

(8) Advertising which promotes economic development in the State of Arkansas where the utility can demonstrate, and the commission shall find, that the advertising expenditures were directly related to, and were reasonably incurred in the promotion of, the economic development of this state. Collection from customers of the utility of advertising expenditures shall be limited to those expenditures actually incurred within the test year utilized for ratemaking purposes as defined in § 23-4-406 and shall further be limited to five-one-hundredths of one percent (.05%) of the utility's revenues during that test year; and

(9) Any other advertising which the commission determines should be recovered from the ratepayers.

(d) Notwithstanding any other provisions of this section, and subject to approval by the commission, telephone utilities may recover from persons other than shareholders any direct or indirect expenditure for promotional and informational advertising regarding competitive service offerings.

Acts 1983, No. 910, §§ 1, 2; A.S.A. 1947, §§ 73-277, 73-277.1; Acts 1987, No. 475, § 1; 1987 (1st Ex. Sess.), No. 44, § 1.
Ark. Code Ann. § 23-82-117 — AR Code / Title 23 / Chapter 82 / Section 23-82-117
Title required
Status: in_force

There shall be a title on the face of each policy briefly describing its form. Acts 1959, No. 148, § 361; A.S.A. 1947, § 66-3416.

There shall be a title on the face of each policy briefly describing its form.

Acts 1959, No. 148, § 361; A.S.A. 1947, § 66-3416.
Ark. Code Ann. § 23-12-514 — AR Code / Title 23 / Chapter 12 / Subchapter 5 / Section 23-12-514
Standard employee identification requirements - Findings - Definitions
Status: in_force

(a) The General Assembly finds that: (1) The services provided by railroads are essential to the functionality of the state; (2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident; (3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and (4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers. (b) As used in this section: (1) "Federal Railroad Administration-certified conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration; (2) "Federal Railroad Administration-certified engineer" means an engineer licensed and certified by the Federal Railroad Administration; (3) "Railroad accident or incident" means a collision or impact that: (A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and (B) Results in death, injury, or property damage; and (4) "Railroad manager" means a railroad employee overseeing and assisting in the operation of railroad transit. (c) (1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident. (2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a: (A) Federal Railroad Administration-certified conductor; (B) Federal Railroad Administration-certified engineer; or (C) Railroad manager. Amended by Act 2019, No. 467,§ 1, eff. 3/14/2019.

(a) The General Assembly finds that: (1) The services provided by railroads are essential to the functionality of the state; (2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident; (3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and (4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.

(1) The services provided by railroads are essential to the functionality of the state;

(2) The legislature is obligated to provide standard identification requirements for railroad employees involved in a railroad accident or incident;

(3) The Rail Safety Improvement Act of 2008, Pub. L. No. 110-432, mandated Federal Railroad Administration certification for railroad employees; and

(4) Providing standard identification requirements facilitates the investigation of railroad accidents or incidents for the investigating law enforcement officers or other safety officers.

(b) As used in this section: (1) "Federal Railroad Administration-certified conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration; (2) "Federal Railroad Administration-certified engineer" means an engineer licensed and certified by the Federal Railroad Administration; (3) "Railroad accident or incident" means a collision or impact that: (A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and (B) Results in death, injury, or property damage; and (4) "Railroad manager" means a railroad employee overseeing and assisting in the operation of railroad transit.

(1) "Federal Railroad Administration-certified conductor" means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration;

(2) "Federal Railroad Administration-certified engineer" means an engineer licensed and certified by the Federal Railroad Administration;

(3) "Railroad accident or incident" means a collision or impact that: (A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and (B) Results in death, injury, or property damage; and

(A) Occurs as a consequence of the flow of pedestrians, motor vehicles, or animals along the railroad system in the state; and

(B) Results in death, injury, or property damage; and

(4) "Railroad manager" means a railroad employee overseeing and assisting in the operation of railroad transit.

(c) (1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident. (2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a: (A) Federal Railroad Administration-certified conductor; (B) Federal Railroad Administration-certified engineer; or (C) Railroad manager.

(1) Except as provided in subdivision (c)(2) of this section, a railroad employee involved in a railroad accident or incident shall not be required to present his or her driver's license for identification purposes to a law enforcement officer or other safety officer investigating the railroad accident or incident.

(2) In lieu of a driver's license under subdivision (c)(1) of this section, Federal Railroad Administration certification may be presented to a law enforcement officer or other safety officer by a: (A) Federal Railroad Administration-certified conductor; (B) Federal Railroad Administration-certified engineer; or (C) Railroad manager.

(A) Federal Railroad Administration-certified conductor;

(B) Federal Railroad Administration-certified engineer; or

(C) Railroad manager.

Amended by Act 2019, No. 467,§ 1, eff. 3/14/2019.
Ark. Code Ann. § 23-67-214 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-214
Licensing of advisory organizations
Status: in_force

(a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. (b) No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services. (c) (1) An advisory organization applying for a license shall include with its application: (A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business; (B) A list of its members and subscribers; (C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served; (D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; (E) License fees as provided by § 23-61-401 ; and (F) Any other relevant information and documents that the commissioner may require. (2) Every organization which has applied for a license shall notify the commissioner of every material change in facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective. (3) If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed and that all requirements of the law are met, the commissioner shall issue a license specifying the authorized activity of the applicant. The commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to lessen substantially the competition in any market. (4) Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked, subject, however, to continuance of the license by the advisory organization each calendar year by: (A) Payment on or before January 1 of a continuation fee as provided in § 23-61-401 ; (B) Due filing of a letter requesting continuation of its license for the following calendar year; and (C) Submission of information which may be required by the commissioner. Amended by Act 2019, No. 315,§ 2670, eff. 7/24/2019. Acts 1987, No. 959, § 10.

(a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner.

(b) No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.

(c) (1) An advisory organization applying for a license shall include with its application: (A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business; (B) A list of its members and subscribers; (C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served; (D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; (E) License fees as provided by § 23-61-401 ; and (F) Any other relevant information and documents that the commissioner may require. (2) Every organization which has applied for a license shall notify the commissioner of every material change in facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective. (3) If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed and that all requirements of the law are met, the commissioner shall issue a license specifying the authorized activity of the applicant. The commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to lessen substantially the competition in any market. (4) Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked, subject, however, to continuance of the license by the advisory organization each calendar year by: (A) Payment on or before January 1 of a continuation fee as provided in § 23-61-401 ; (B) Due filing of a letter requesting continuation of its license for the following calendar year; and (C) Submission of information which may be required by the commissioner.

(1) An advisory organization applying for a license shall include with its application: (A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business; (B) A list of its members and subscribers; (C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served; (D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license; (E) License fees as provided by § 23-61-401 ; and (F) Any other relevant information and documents that the commissioner may require.

(A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business;

(B) A list of its members and subscribers;

(C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served;

(D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license;

(E) License fees as provided by § 23-61-401 ; and

(F) Any other relevant information and documents that the commissioner may require.

(2) Every organization which has applied for a license shall notify the commissioner of every material change in facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective.

(3) If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed and that all requirements of the law are met, the commissioner shall issue a license specifying the authorized activity of the applicant. The commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to lessen substantially the competition in any market.

(4) Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked, subject, however, to continuance of the license by the advisory organization each calendar year by: (A) Payment on or before January 1 of a continuation fee as provided in § 23-61-401 ; (B) Due filing of a letter requesting continuation of its license for the following calendar year; and (C) Submission of information which may be required by the commissioner.

(A) Payment on or before January 1 of a continuation fee as provided in § 23-61-401 ;

(B) Due filing of a letter requesting continuation of its license for the following calendar year; and

(C) Submission of information which may be required by the commissioner.

Amended by Act 2019, No. 315,§ 2670, eff. 7/24/2019.

Acts 1987, No. 959, § 10.
Ark. Code Ann. § 23-84-107 — AR Code / Title 23 / Chapter 84 / Section 23-84-107
Calculation of reserves - Certain annuity and pure endowment contracts
Status: in_force

(a) This section shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as now or hereafter amended. (b) (1) Reserves according to the Insurance Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by the contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of the contract, that become payable prior to the end of the respective contract year. (2) The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rates specified in the contracts for determining guaranteed benefits. (3) The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values. Acts 1959, No. 148, § 92; 1961, No. 466, § 2; 1977, No. 551, § 3; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511.

(a) This section shall apply to all annuity and pure endowment contracts other than group annuity and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, including a partnership or sole proprietorship, or by an employee organization, or by both, other than a plan providing individual retirement accounts or individual retirement annuities under section 408 of the Internal Revenue Code, as now or hereafter amended.

(b) (1) Reserves according to the Insurance Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by the contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of the contract, that become payable prior to the end of the respective contract year. (2) The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rates specified in the contracts for determining guaranteed benefits. (3) The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values.

(1) Reserves according to the Insurance Commissioner's annuity reserve method for benefits under annuity or pure endowment contracts, excluding any disability and accidental death benefits in the contracts, shall be the greatest of the respective excesses of the present values, at the date of valuation, of the future guaranteed benefits, including guaranteed nonforfeiture benefits, provided for by the contracts at the end of each respective contract year, over the present value, at the date of valuation, of any future valuation considerations derived from future gross considerations, required by the terms of the contract, that become payable prior to the end of the respective contract year.

(2) The future guaranteed benefits shall be determined by using the mortality table, if any, and the interest rates specified in the contracts for determining guaranteed benefits.

(3) The valuation considerations are the portions of the respective gross considerations applied under the terms of the contracts to determine nonforfeiture values.

Acts 1959, No. 148, § 92; 1961, No. 466, § 2; 1977, No. 551, § 3; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511.
Ark. Code Ann. § 23-75-119 — AR Code / Title 23 / Chapter 75 / Section 23-75-119
Premium tax
Status: in_force

(a) The officers of every foreign or alien corporation, and the officers of every domestic corporation, transacting business under this chapter shall, at the time of making its annual statement, file with the Insurance Commissioner a sworn statement of its net direct written premiums for the year ending December 31 next preceding from subscribers residing in this state and shall pay into the State Treasury a premium tax of two and one-half percent (2.5%) on its net direct written premiums in compliance with the provisions of § 26-57-601 et seq. as a tax for the privilege of transacting business in this state. (b) No certificate of authority shall be renewed for any corporation until the tax is paid. (c) (1) The tax shall be in lieu of other taxes, district or state, county or municipal, based on premiums written by the corporation in this state. (2) No subdivision of this state may impose any license fee for the privilege of conducting business in any portion thereof. (d) Pursuant to and subject to the conditions expressed in the provisions of § 26-57-604 , the corporation is entitled to take against its premium taxes due an offset or credit for the salaries or wages of noncommissioned Arkansas employees of the corporation. (e) Absent an extension granted by the commissioner for good cause, failure of any licensed corporation to report this net direct written premium tax or pay this net direct written premium tax, or both, shall subject the corporation to the applicable penalties of this chapter and § 26-57-601 et seq. (f) Each hospital or medical service corporation shall have one (1) fiscal year following the reporting and payment year of a premium tax obligation to request a refund or credit for any premium tax overpayment amount, after which demands or requests for such monetary overpayment refund or credit against premium tax due shall be disallowed. Any corporation thus failing or neglecting to request the overpayment refund or credit against premium taxes due and payable to this state during the year allowable as specified in this section shall not be allowed to carry over the overpayment credit for the following year or years and shall not be entitled to an overpayment refund. Acts 1959, No. 148, § 687; A.S.A. 1947, § 66-4917; Acts 1991, No. 1123, § 9; 1995, No. 408, § 1.

(a) The officers of every foreign or alien corporation, and the officers of every domestic corporation, transacting business under this chapter shall, at the time of making its annual statement, file with the Insurance Commissioner a sworn statement of its net direct written premiums for the year ending December 31 next preceding from subscribers residing in this state and shall pay into the State Treasury a premium tax of two and one-half percent (2.5%) on its net direct written premiums in compliance with the provisions of § 26-57-601 et seq. as a tax for the privilege of transacting business in this state.

(b) No certificate of authority shall be renewed for any corporation until the tax is paid.

(c) (1) The tax shall be in lieu of other taxes, district or state, county or municipal, based on premiums written by the corporation in this state. (2) No subdivision of this state may impose any license fee for the privilege of conducting business in any portion thereof.

(1) The tax shall be in lieu of other taxes, district or state, county or municipal, based on premiums written by the corporation in this state.

(2) No subdivision of this state may impose any license fee for the privilege of conducting business in any portion thereof.

(d) Pursuant to and subject to the conditions expressed in the provisions of § 26-57-604 , the corporation is entitled to take against its premium taxes due an offset or credit for the salaries or wages of noncommissioned Arkansas employees of the corporation.

(e) Absent an extension granted by the commissioner for good cause, failure of any licensed corporation to report this net direct written premium tax or pay this net direct written premium tax, or both, shall subject the corporation to the applicable penalties of this chapter and § 26-57-601 et seq.

(f) Each hospital or medical service corporation shall have one (1) fiscal year following the reporting and payment year of a premium tax obligation to request a refund or credit for any premium tax overpayment amount, after which demands or requests for such monetary overpayment refund or credit against premium tax due shall be disallowed. Any corporation thus failing or neglecting to request the overpayment refund or credit against premium taxes due and payable to this state during the year allowable as specified in this section shall not be allowed to carry over the overpayment credit for the following year or years and shall not be entitled to an overpayment refund.

Acts 1959, No. 148, § 687; A.S.A. 1947, § 66-4917; Acts 1991, No. 1123, § 9; 1995, No. 408, § 1.
Ark. Code Ann. § 23-86-302 — AR Code / Title 23 / Chapter 86 / Subchapter 3 / Section 23-86-302
Effective date - Limitation of actions - Applicability
Status: in_force

(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997. (b) Determination of Creditable Coverage. (1) Period of Coverage - In General. Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage. (2) Certifications. (A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996. (B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997. (C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing. (3) Transitional Rule. In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996: (A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and (B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section. (c) Limitation on Actions. No enforcement action shall be taken pursuant to this section against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this section before January 1, 1998, or, if later, the date of issuance of regulations by the Secretary of Labor, if the group health plan or health insurance issuer has sought to comply in good faith with such requirements. (d) Applicability. (1) The provisions of this subchapter shall be applicable to all accident and health insurers, health maintenance organizations, hospital and medical service corporations, and fraternal benefit societies that are licensed and authorized by the Insurance Commissioner to transact business in the State of Arkansas. (2) The provisions of this subchapter shall be applicable to all licensed or state-regulated multiple employer welfare arrangements, licensed or state-regulated health benefit plans, licensed or state-regulated multiple employer trusts, or other licensed or state-regulated persons providing a plan of group health insurance coverage in this state. Acts 1997, No. 997, § 1; 2001, No. 1063, § 23.

(a) In General. Except as provided in this section, this subchapter and the amendments made by this section shall apply with respect to group health plans for plan years beginning after June 30, 1997.

(b) Determination of Creditable Coverage. (1) Period of Coverage - In General. Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage. (2) Certifications. (A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996. (B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997. (C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing. (3) Transitional Rule. In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996: (A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and (B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section.

(1) Period of Coverage - In General. Subject to subdivision (b)(2)(A) of this section, no period before July 1, 1996, shall be taken into account in determining creditable coverage.

(2) Certifications. (A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996. (B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997. (C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing.

(A) In General. Subject to subdivisions (b)(2)(B) and (C) of this section, § 23-86-304(e) shall apply to events occurring after June 30, 1996.

(B) No Certification Required to be Provided Before June 1, 1997. In no case is a certification required to be provided under § 23-86-304(e) before June 1, 1997.

(C) Certification Only on Written Request for Events Occurring Before October 1, 1996. In the case of an event occurring after June 30, 1996, and before October 1, 1996, a certification is not required to be provided under § 23-86-304(e) unless an individual with respect to whom the certification is otherwise required to be made requests the certification in writing.

(3) Transitional Rule. In the case of an individual who seeks to establish creditable coverage for any period for which certification is not required because it relates to an event occurring before June 30, 1996: (A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and (B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section.

(A) The individual may present other credible evidence of the coverage in order to establish the period of creditable coverage; and

(B) A group health plan and a health insurance issuer shall not be subject to any penalty or enforcement action with respect to the plan's or issuer's crediting or not crediting the coverage if the plan or issuer has sought to comply in good faith with the applicable requirements of this section.

(c) Limitation on Actions. No enforcement action shall be taken pursuant to this section against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by this section before January 1, 1998, or, if later, the date of issuance of regulations by the Secretary of Labor, if the group health plan or health insurance issuer has sought to comply in good faith with such requirements.

(d) Applicability. (1) The provisions of this subchapter shall be applicable to all accident and health insurers, health maintenance organizations, hospital and medical service corporations, and fraternal benefit societies that are licensed and authorized by the Insurance Commissioner to transact business in the State of Arkansas. (2) The provisions of this subchapter shall be applicable to all licensed or state-regulated multiple employer welfare arrangements, licensed or state-regulated health benefit plans, licensed or state-regulated multiple employer trusts, or other licensed or state-regulated persons providing a plan of group health insurance coverage in this state.

(1) The provisions of this subchapter shall be applicable to all accident and health insurers, health maintenance organizations, hospital and medical service corporations, and fraternal benefit societies that are licensed and authorized by the Insurance Commissioner to transact business in the State of Arkansas.

(2) The provisions of this subchapter shall be applicable to all licensed or state-regulated multiple employer welfare arrangements, licensed or state-regulated health benefit plans, licensed or state-regulated multiple employer trusts, or other licensed or state-regulated persons providing a plan of group health insurance coverage in this state.

Acts 1997, No. 997, § 1; 2001, No. 1063, § 23.
Ark. Code Ann. § 23-64-608 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-608
[See Note] License renewal
Status: in_force

(a) A licensee shall submit an application for renewal of a license or certification issued under this subchapter in a form prescribed by the Insurance Commissioner. (b) An applicant for a license or certification renewal is required to complete continuing education as prescribed by rule of the commissioner. (c) Each licensee shall pay a reasonable annual licensure or certification fee as established by rule of the commissioner. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) A licensee shall submit an application for renewal of a license or certification issued under this subchapter in a form prescribed by the Insurance Commissioner.

(b) An applicant for a license or certification renewal is required to complete continuing education as prescribed by rule of the commissioner.

(c) Each licensee shall pay a reasonable annual licensure or certification fee as established by rule of the commissioner.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-37-601 — AR Code / Title 23 / Chapter 37 / Subchapter 6 / Section 23-37-601
Operation in city on state line
Status: in_force

A savings and loan association doing business in a state adjoining this state, in a city or incorporated town which borders on a city or incorporated town in this state and which is divided by a state line other than a navigable stream, may conduct its business in this state if it satisfies all the conditions for the conduct of its business in the adjoining state involved, without further qualification under this chapter. However, in the conduct of its business in this state, it shall be subject to the provisions of this chapter. Acts 1963, No. 227, § 59; A.S.A. 1947, § 67-1859.

A savings and loan association doing business in a state adjoining this state, in a city or incorporated town which borders on a city or incorporated town in this state and which is divided by a state line other than a navigable stream, may conduct its business in this state if it satisfies all the conditions for the conduct of its business in the adjoining state involved, without further qualification under this chapter. However, in the conduct of its business in this state, it shall be subject to the provisions of this chapter.

Acts 1963, No. 227, § 59; A.S.A. 1947, § 67-1859.
Ark. Code Ann. § 23-79-1206 — AR Code / Title 23 / Chapter 79 / Subchapter 12 / Section 23-79-1206
Additional benefit costs
Status: in_force

The issuer of a healthcare policy shall conform its policies, contracts, or certificates issued on or after August 1, 2005, and may adjust its premium cost to reflect the additional benefit cost. Acts 2005, No. 2236, § 2.

The issuer of a healthcare policy shall conform its policies, contracts, or certificates issued on or after August 1, 2005, and may adjust its premium cost to reflect the additional benefit cost.

Acts 2005, No. 2236, § 2.
Ark. Code Ann. § 23-77-108 — AR Code / Title 23 / Chapter 77 / Section 23-77-108
Agent or representative license required - Application and issuance
Status: in_force

(a) Before any agent or representative shall or may represent any automobile club or association in this state, he or she shall first apply to the Insurance Commissioner for a license, and the commissioner shall have full power and authority to issue the license upon proof satisfactory to the commissioner that the person is capable of soliciting automobile club or association memberships and is of good moral character and recommended by the automobile club or association in behalf of which the membership solicitations are to be made. (b) No license shall be issued by the commissioner until the applicant has paid to the commissioner ten dollars ($10.00) as an annual license fee. (c) The commissioner may reject the application of any person who does not meet the requirements set out in this section. Acts 1955, No. 377, § 6; 1981, No. 821, § 2; A.S.A. 1947, § 75-1606; Acts 1991, No. 1123, § 10.

(a) Before any agent or representative shall or may represent any automobile club or association in this state, he or she shall first apply to the Insurance Commissioner for a license, and the commissioner shall have full power and authority to issue the license upon proof satisfactory to the commissioner that the person is capable of soliciting automobile club or association memberships and is of good moral character and recommended by the automobile club or association in behalf of which the membership solicitations are to be made.

(b) No license shall be issued by the commissioner until the applicant has paid to the commissioner ten dollars ($10.00) as an annual license fee.

(c) The commissioner may reject the application of any person who does not meet the requirements set out in this section.

Acts 1955, No. 377, § 6; 1981, No. 821, § 2; A.S.A. 1947, § 75-1606; Acts 1991, No. 1123, § 10.
Ark. Code Ann. § 23-40-116 — AR Code / Title 23 / Chapter 40 / Section 23-40-116
Trust funds - Disbursements
Status: in_force

The trustee shall disburse money or other property from the trust fund only as follows: (1) Upon the death of the contract beneficiary and upon proper proof and documentation being submitted to and approved by the Insurance Commissioner, or pursuant to such other method as may be permitted under valid rules adopted by the commissioner, in which event the contract proceeds shall be paid to the seller; (2) Upon cancellation of the prepaid contract pursuant to § 23-40-122 and upon proper proof and documentation being submitted to and approved by the commissioner, or pursuant to such other method as may be permitted under valid rules adopted by the commissioner; (3) Upon the breach of contract by either party, in which event the contract proceeds shall be paid according to a judgment of a court of competent jurisdiction; or (4) Upon the withdrawal of net investment income or surplus by the seller, which may be made at any time and from time to time. Amended by Act 2019, No. 315,§ 2507, eff. 7/24/2019. Acts 1985, No. 156, § 8; A.S.A. 1947, § 67-1720; Acts 1995, No. 852, § 8.

The trustee shall disburse money or other property from the trust fund only as follows:

(1) Upon the death of the contract beneficiary and upon proper proof and documentation being submitted to and approved by the Insurance Commissioner, or pursuant to such other method as may be permitted under valid rules adopted by the commissioner, in which event the contract proceeds shall be paid to the seller;

(2) Upon cancellation of the prepaid contract pursuant to § 23-40-122 and upon proper proof and documentation being submitted to and approved by the commissioner, or pursuant to such other method as may be permitted under valid rules adopted by the commissioner;

(3) Upon the breach of contract by either party, in which event the contract proceeds shall be paid according to a judgment of a court of competent jurisdiction; or

(4) Upon the withdrawal of net investment income or surplus by the seller, which may be made at any time and from time to time.

Amended by Act 2019, No. 315,§ 2507, eff. 7/24/2019.

Acts 1985, No. 156, § 8; A.S.A. 1947, § 67-1720; Acts 1995, No. 852, § 8.
Ark. Code Ann. § 23-115-608 — AR Code / Title 23 / Chapter 115 / Subchapter 6 / Section 23-115-608
Administrative hearing
Status: in_force

(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business. (b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c) , the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing. (c) (1) A retailer may request that an administrative hearing be held: (A) In person; (B) By telephone; (C) Upon written documents furnished by the retailer; or (D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing. (2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone. (3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision. (d) The administrative hearing shall be conducted by a hearing officer appointed by the director. (e) (1) The hearing officer shall: (A) Set the time and place for a hearing; and (B) Give the retailer notice of the hearing. (2) At the administrative hearing, the retailer may: (A) Be represented by an authorized representative; and (B) Present evidence in support of his or her position. (f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing. (g) The administrative hearing and determinations made by the hearing officer under this subchapter are subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (h) The defense or defenses to the closure of a business under this subchapter are: (1) Written proof that the retailer remitted the delinquent lottery proceeds due; or (2) That the retailer has entered into a written payment agreement, approved by the director, to satisfy the lottery proceeds delinquency. (i) The decision of the hearing officer shall be in writing with copies delivered to the retailer and the director by the United States Postal Service or by hand delivery. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 1405, § 44.

(a) A retailer may request an administrative hearing concerning the decision of the Director of the Office of the Arkansas Lottery to close the retailer's business.

(b) Within five (5) business days after the delivery or attempted delivery of the notice required by § 23-115-607(c) , the retailer may file a written protest, signed by the retailer or his or her authorized agent, with the director stating the reasons for opposing the closure of the business and requesting an administrative hearing.

(c) (1) A retailer may request that an administrative hearing be held: (A) In person; (B) By telephone; (C) Upon written documents furnished by the retailer; or (D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing. (2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone. (3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.

(1) A retailer may request that an administrative hearing be held: (A) In person; (B) By telephone; (C) Upon written documents furnished by the retailer; or (D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.

(A) In person;

(B) By telephone;

(C) Upon written documents furnished by the retailer; or

(D) Upon written documents and any evidence to be produced by the retailer at an administrative hearing.

(2) The director may determine whether an administrative hearing at which testimony is to be presented will be conducted in person or by telephone.

(3) A retailer who requests an administrative hearing based upon written documents is not entitled to any other administrative hearing before the rendering of the administrative decision.

(d) The administrative hearing shall be conducted by a hearing officer appointed by the director.

(e) (1) The hearing officer shall: (A) Set the time and place for a hearing; and (B) Give the retailer notice of the hearing. (2) At the administrative hearing, the retailer may: (A) Be represented by an authorized representative; and (B) Present evidence in support of his or her position.

(1) The hearing officer shall: (A) Set the time and place for a hearing; and (B) Give the retailer notice of the hearing.

(A) Set the time and place for a hearing; and

(B) Give the retailer notice of the hearing.

(2) At the administrative hearing, the retailer may: (A) Be represented by an authorized representative; and (B) Present evidence in support of his or her position.

(A) Be represented by an authorized representative; and

(B) Present evidence in support of his or her position.

(f) The administrative hearing shall be held within fourteen (14) calendar days of receipt by the director of the request for hearing.

(g) The administrative hearing and determinations made by the hearing officer under this subchapter are subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(h) The defense or defenses to the closure of a business under this subchapter are: (1) Written proof that the retailer remitted the delinquent lottery proceeds due; or (2) That the retailer has entered into a written payment agreement, approved by the director, to satisfy the lottery proceeds delinquency.

(1) Written proof that the retailer remitted the delinquent lottery proceeds due; or

(2) That the retailer has entered into a written payment agreement, approved by the director, to satisfy the lottery proceeds delinquency.

(i) The decision of the hearing officer shall be in writing with copies delivered to the retailer and the director by the United States Postal Service or by hand delivery.

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

Acts 2009, No. 1405, § 44.
Ark. Code Ann. § 23-46-405 — AR Code / Title 23 / Chapter 46 / Subchapter 4 / Section 23-46-405
Investigation - Notice of hearing
Status: in_force

(a) When the departmental investigation pursuant to § 23-46-205 or § 23-48-304 is closed and the application fees have been paid, an application filed pursuant to § 23-46-403 shall be referred to the State Banking Board for consideration by it and the Bank Commissioner at a public hearing. (b) Notice of the time, place, and purpose of the meeting shall be given at least thirty (30) days before the hearing as follows: (1) By letter from the commissioner to the sponsors of the application and to any protestant that has filed an official written protest to the application; and (2) By release to news media. Acts 1997, No. 89, § 1; 1999, No. 113, § 3.

(a) When the departmental investigation pursuant to § 23-46-205 or § 23-48-304 is closed and the application fees have been paid, an application filed pursuant to § 23-46-403 shall be referred to the State Banking Board for consideration by it and the Bank Commissioner at a public hearing.

(b) Notice of the time, place, and purpose of the meeting shall be given at least thirty (30) days before the hearing as follows: (1) By letter from the commissioner to the sponsors of the application and to any protestant that has filed an official written protest to the application; and (2) By release to news media.

(1) By letter from the commissioner to the sponsors of the application and to any protestant that has filed an official written protest to the application; and

(2) By release to news media.

Acts 1997, No. 89, § 1; 1999, No. 113, § 3.
Ark. Code Ann. § 23-61-804 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-804
Duties of Arkansas Health Insurance Marketplace
Status: in_force

(a) The Arkansas Health Insurance Marketplace shall: (1) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in compliance with state and federal law; (2) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance; (3) Require that a health carrier offering a qualified health plan post on the public part of its website in a readily accessible format the formulary list for each individual qualified health plan and the following information: (A) The qualified health plan to which the formulary applies; (B) Any exclusions from coverage or restrictions, including: (i) Any tiering structure, including copay and coinsurance requirements; (ii) Prior authorization requirements; (iii) Deductibles and cost sharing; (iv) Quantity limits; and (v) Whether access is dependent upon the location where a prescription drug is obtained or administered; and (C) The appeal process for a denial of coverage or adverse determination for an item or service for a prescription drug; (4) (A) Establish a small business health options program through which qualified employers may access coverage for their employees. (B) The small business health options program, without limitation, shall enable a qualified employer to specify a level of coverage so that any of its employees may enroll in a qualified health plan offered through the program at the specified level of coverage. (C) This subdivision (a)(4) does not apply if an available qualified health carrier does not offer a health benefit plan under the small business health options program; (5) (A) Select entities qualified to serve as navigators and award grants to enable navigators to: (i) Conduct public education activities to raise awareness of the availability of qualified health plans; (ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under 26 U.S.C. § 36B , as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act; (iii) Facilitate enrollment in qualified health plans; (iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and (v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace. (B) The Insurance Commissioner shall ensure in the navigator selection process that the navigators are geographically, culturally, ethnically, and racially representative of the populations served; and (6) Otherwise comply with a requirement the commissioner determines is necessary to obtain or maintain the approval to administer a health insurance marketplace. (b) If the Governor determines that a state-based exchange not on the federal platform for the individual health insurance marketplace is beneficial and appropriate, the Arkansas Health Insurance Marketplace shall: (1) (A) Maintain a website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans. (B) The commissioner shall ensure that an entity offering a qualified health plan through the Arkansas Health Insurance Marketplace posts the information described in § 23-79-159 on the Arkansas Health Insurance Marketplace website in a readily accessible format; (2) Assign a rating to each qualified health plan offered through the Arkansas Health Insurance Marketplace and determine each qualified health plan's level of coverage in accordance with regulations issued by the United States Secretary of Health and Human Services under section 1302(d)(2)(A) of the federal act; (3) Use a standardized format for presenting health benefit options in the Arkansas Health Insurance Marketplace; and (4) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of a premium tax credit under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, and any cost-sharing reduction under section 1402 of the federal act. Amended by Act 2021, No. 97,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 107,§ 3, eff. 3/15/2019. Amended by Act 2017EX1, No. 5,§ 7, eff. 5/4/2017. Amended by Act 2017EX1, No. 5,§ 6, eff. 5/4/2017. Amended by Act 2017EX1, No. 4,§ 7, eff. 5/4/2017. Amended by Act 2017EX1, No. 4,§ 6, eff. 5/4/2017. Amended by Act 2015, No. 1109,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.

(a) The Arkansas Health Insurance Marketplace shall: (1) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in compliance with state and federal law; (2) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance; (3) Require that a health carrier offering a qualified health plan post on the public part of its website in a readily accessible format the formulary list for each individual qualified health plan and the following information: (A) The qualified health plan to which the formulary applies; (B) Any exclusions from coverage or restrictions, including: (i) Any tiering structure, including copay and coinsurance requirements; (ii) Prior authorization requirements; (iii) Deductibles and cost sharing; (iv) Quantity limits; and (v) Whether access is dependent upon the location where a prescription drug is obtained or administered; and (C) The appeal process for a denial of coverage or adverse determination for an item or service for a prescription drug; (4) (A) Establish a small business health options program through which qualified employers may access coverage for their employees. (B) The small business health options program, without limitation, shall enable a qualified employer to specify a level of coverage so that any of its employees may enroll in a qualified health plan offered through the program at the specified level of coverage. (C) This subdivision (a)(4) does not apply if an available qualified health carrier does not offer a health benefit plan under the small business health options program; (5) (A) Select entities qualified to serve as navigators and award grants to enable navigators to: (i) Conduct public education activities to raise awareness of the availability of qualified health plans; (ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under 26 U.S.C. § 36B , as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act; (iii) Facilitate enrollment in qualified health plans; (iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and (v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace. (B) The Insurance Commissioner shall ensure in the navigator selection process that the navigators are geographically, culturally, ethnically, and racially representative of the populations served; and (6) Otherwise comply with a requirement the commissioner determines is necessary to obtain or maintain the approval to administer a health insurance marketplace.

(1) Implement procedures and criteria for the certification, recertification, and decertification of health benefit plans as qualified health plans in compliance with state and federal law;

(2) Provide for the operation of a toll-free telephone hotline to respond to requests for assistance;

(3) Require that a health carrier offering a qualified health plan post on the public part of its website in a readily accessible format the formulary list for each individual qualified health plan and the following information: (A) The qualified health plan to which the formulary applies; (B) Any exclusions from coverage or restrictions, including: (i) Any tiering structure, including copay and coinsurance requirements; (ii) Prior authorization requirements; (iii) Deductibles and cost sharing; (iv) Quantity limits; and (v) Whether access is dependent upon the location where a prescription drug is obtained or administered; and (C) The appeal process for a denial of coverage or adverse determination for an item or service for a prescription drug;

(A) The qualified health plan to which the formulary applies;

(B) Any exclusions from coverage or restrictions, including: (i) Any tiering structure, including copay and coinsurance requirements; (ii) Prior authorization requirements; (iii) Deductibles and cost sharing; (iv) Quantity limits; and (v) Whether access is dependent upon the location where a prescription drug is obtained or administered; and

(i) Any tiering structure, including copay and coinsurance requirements;

(ii) Prior authorization requirements;

(iii) Deductibles and cost sharing;

(iv) Quantity limits; and

(v) Whether access is dependent upon the location where a prescription drug is obtained or administered; and

(C) The appeal process for a denial of coverage or adverse determination for an item or service for a prescription drug;

(4) (A) Establish a small business health options program through which qualified employers may access coverage for their employees. (B) The small business health options program, without limitation, shall enable a qualified employer to specify a level of coverage so that any of its employees may enroll in a qualified health plan offered through the program at the specified level of coverage. (C) This subdivision (a)(4) does not apply if an available qualified health carrier does not offer a health benefit plan under the small business health options program;

(A) Establish a small business health options program through which qualified employers may access coverage for their employees.

(B) The small business health options program, without limitation, shall enable a qualified employer to specify a level of coverage so that any of its employees may enroll in a qualified health plan offered through the program at the specified level of coverage.

(C) This subdivision (a)(4) does not apply if an available qualified health carrier does not offer a health benefit plan under the small business health options program;

(5) (A) Select entities qualified to serve as navigators and award grants to enable navigators to: (i) Conduct public education activities to raise awareness of the availability of qualified health plans; (ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under 26 U.S.C. § 36B , as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act; (iii) Facilitate enrollment in qualified health plans; (iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and (v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace. (B) The Insurance Commissioner shall ensure in the navigator selection process that the navigators are geographically, culturally, ethnically, and racially representative of the populations served; and

(A) Select entities qualified to serve as navigators and award grants to enable navigators to: (i) Conduct public education activities to raise awareness of the availability of qualified health plans; (ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under 26 U.S.C. § 36B , as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act; (iii) Facilitate enrollment in qualified health plans; (iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and (v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace.

(i) Conduct public education activities to raise awareness of the availability of qualified health plans;

(ii) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under 26 U.S.C. § 36B , as existing on April 23, 2013, and cost-sharing reductions under section 1402 of the federal act;

(iii) Facilitate enrollment in qualified health plans;

(iv) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan or health benefit coverage or a determination under his or her health benefit plan or health benefit coverage; and

(v) Provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Arkansas Health Insurance Marketplace.

(B) The Insurance Commissioner shall ensure in the navigator selection process that the navigators are geographically, culturally, ethnically, and racially representative of the populations served; and

(6) Otherwise comply with a requirement the commissioner determines is necessary to obtain or maintain the approval to administer a health insurance marketplace.

(b) If the Governor determines that a state-based exchange not on the federal platform for the individual health insurance marketplace is beneficial and appropriate, the Arkansas Health Insurance Marketplace shall: (1) (A) Maintain a website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans. (B) The commissioner shall ensure that an entity offering a qualified health plan through the Arkansas Health Insurance Marketplace posts the information described in § 23-79-159 on the Arkansas Health Insurance Marketplace website in a readily accessible format; (2) Assign a rating to each qualified health plan offered through the Arkansas Health Insurance Marketplace and determine each qualified health plan's level of coverage in accordance with regulations issued by the United States Secretary of Health and Human Services under section 1302(d)(2)(A) of the federal act; (3) Use a standardized format for presenting health benefit options in the Arkansas Health Insurance Marketplace; and (4) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of a premium tax credit under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, and any cost-sharing reduction under section 1402 of the federal act.

(1) (A) Maintain a website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans. (B) The commissioner shall ensure that an entity offering a qualified health plan through the Arkansas Health Insurance Marketplace posts the information described in § 23-79-159 on the Arkansas Health Insurance Marketplace website in a readily accessible format;

(A) Maintain a website through which enrollees and prospective enrollees of qualified health plans may obtain standardized comparative information on such plans.

(B) The commissioner shall ensure that an entity offering a qualified health plan through the Arkansas Health Insurance Marketplace posts the information described in § 23-79-159 on the Arkansas Health Insurance Marketplace website in a readily accessible format;

(2) Assign a rating to each qualified health plan offered through the Arkansas Health Insurance Marketplace and determine each qualified health plan's level of coverage in accordance with regulations issued by the United States Secretary of Health and Human Services under section 1302(d)(2)(A) of the federal act;

(3) Use a standardized format for presenting health benefit options in the Arkansas Health Insurance Marketplace; and

(4) Establish and make available by electronic means a calculator to determine the actual cost of coverage after application of a premium tax credit under section 36B of the Internal Revenue Code of 1986 as existing on April 23, 2013, and any cost-sharing reduction under section 1402 of the federal act.

Amended by Act 2021, No. 97,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 107,§ 3, eff. 3/15/2019.

Amended by Act 2017EX1, No. 5,§ 7, eff. 5/4/2017.

Amended by Act 2017EX1, No. 5,§ 6, eff. 5/4/2017.

Amended by Act 2017EX1, No. 4,§ 7, eff. 5/4/2017.

Amended by Act 2017EX1, No. 4,§ 6, eff. 5/4/2017.

Amended by Act 2015, No. 1109,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 23-51-154 — AR Code / Title 23 / Chapter 51 / Section 23-51-154
Authority to purchase assets of another trust institution
Status: in_force

(a) Subject to the provisions of this section, a state trust company may purchase assets of another state trust company or trust-related assets of another trust institution, including the right to control accounts established with the trust institution. Except as otherwise expressly provided by this chapter or any other applicable statutes, the purchase of all or part of the assets of the trust institution does not make the purchasing state trust company responsible for any liability or obligation of the selling trust institution that is not expressly assumed by the purchasing state trust company. Except as otherwise provided by this chapter, this chapter does not govern or prohibit the purchase by a trust institution of all or part of the assets of a corporation or other entity that is not a trust institution. (b) An application in the form required by the Bank Commissioner must be filed with the commissioner for any acquisition of all or substantially all of (i) the assets of a state trust company or (ii) the trust assets of another trust institution by a state trust company. The commissioner shall investigate the condition of the purchaser and seller and may require the submission of additional information as considered necessary to make an informed decision. The commissioner shall approve the purchase if: (1) The acquiring state trust company will be solvent, not in a hazardous condition and have sufficient capitalization for its business and location; (2) The acquiring state trust company has complied with all applicable statutes and rules, including without limitation any applicable requirements of §§ 23-51-178 and 23-51-179 ; (3) All fiduciary obligations and liabilities of the parties have been properly discharged or otherwise assumed by the acquiring state trust company; (4) All conditions imposed by the commissioner have been satisfied or otherwise resolved; and (5) All fees and costs have been paid. (c) A purchase requiring an application pursuant to subsection (b) of this section is effective on the date of approval, unless the purchase agreement provides for, and the commissioner consents to, a different effective date. (d) The acquiring state trust company shall succeed by operation of law to all of the rights, privileges and obligations of the selling trust institution under each account included in the assets acquired. Amended by Act 2019, No. 315,§ 2598, eff. 7/24/2019. Acts 1997, No. 940, § 54.

(a) Subject to the provisions of this section, a state trust company may purchase assets of another state trust company or trust-related assets of another trust institution, including the right to control accounts established with the trust institution. Except as otherwise expressly provided by this chapter or any other applicable statutes, the purchase of all or part of the assets of the trust institution does not make the purchasing state trust company responsible for any liability or obligation of the selling trust institution that is not expressly assumed by the purchasing state trust company. Except as otherwise provided by this chapter, this chapter does not govern or prohibit the purchase by a trust institution of all or part of the assets of a corporation or other entity that is not a trust institution.

(b) An application in the form required by the Bank Commissioner must be filed with the commissioner for any acquisition of all or substantially all of (i) the assets of a state trust company or (ii) the trust assets of another trust institution by a state trust company. The commissioner shall investigate the condition of the purchaser and seller and may require the submission of additional information as considered necessary to make an informed decision. The commissioner shall approve the purchase if: (1) The acquiring state trust company will be solvent, not in a hazardous condition and have sufficient capitalization for its business and location; (2) The acquiring state trust company has complied with all applicable statutes and rules, including without limitation any applicable requirements of §§ 23-51-178 and 23-51-179 ; (3) All fiduciary obligations and liabilities of the parties have been properly discharged or otherwise assumed by the acquiring state trust company; (4) All conditions imposed by the commissioner have been satisfied or otherwise resolved; and (5) All fees and costs have been paid.

(1) The acquiring state trust company will be solvent, not in a hazardous condition and have sufficient capitalization for its business and location;

(2) The acquiring state trust company has complied with all applicable statutes and rules, including without limitation any applicable requirements of §§ 23-51-178 and 23-51-179 ;

(3) All fiduciary obligations and liabilities of the parties have been properly discharged or otherwise assumed by the acquiring state trust company;

(4) All conditions imposed by the commissioner have been satisfied or otherwise resolved; and

(5) All fees and costs have been paid.

(c) A purchase requiring an application pursuant to subsection (b) of this section is effective on the date of approval, unless the purchase agreement provides for, and the commissioner consents to, a different effective date.

(d) The acquiring state trust company shall succeed by operation of law to all of the rights, privileges and obligations of the selling trust institution under each account included in the assets acquired.

Amended by Act 2019, No. 315,§ 2598, eff. 7/24/2019.

Acts 1997, No. 940, § 54.
Ark. Code Ann. § 23-4-625 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-625
Rate increase not effective until final order
Status: in_force

Unless the Arkansas Department of Transportation finds an immediate and impelling necessity exists or if the department fails to enter a timely order as provided in § 23-4-624 , no public utility shall place any rate increase into effect until a final decision and order is made by the department. Amended by Act 2017, No. 707,§ 123, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

Unless the Arkansas Department of Transportation finds an immediate and impelling necessity exists or if the department fails to enter a timely order as provided in § 23-4-624 , no public utility shall place any rate increase into effect until a final decision and order is made by the department.

Amended by Act 2017, No. 707,§ 123, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-18-330 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-330
Exemptions from Arkansas Securities Act
Status: in_force

Whenever any corporation organized under this subchapter shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. The provisions of the Arkansas Securities Act, § 23-42-101 et seq., shall not apply to the issuance of membership certificates by any corporation organized under this subchapter. Acts 1937, No. 342, § 32; Pope's Dig., § 2346; A.S.A. 1947, § 77-1132; Acts 1999, No. 1556, § 17.

Whenever any corporation organized under this subchapter shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. The provisions of the Arkansas Securities Act, § 23-42-101 et seq., shall not apply to the issuance of membership certificates by any corporation organized under this subchapter.

Acts 1937, No. 342, § 32; Pope's Dig., § 2346; A.S.A. 1947, § 77-1132; Acts 1999, No. 1556, § 17.
Ark. Code Ann. § 23-115-701 — AR Code / Title 23 / Chapter 115 / Subchapter 7 / Section 23-115-701
Procurements - Major procurement contracts - Competitive bidding
Status: in_force

(a) (1) The Office of the Arkansas Lottery may purchase, lease, or lease-purchase goods or services as necessary for effectuating the purposes of this chapter. (2) The office may make procurements that integrate functions, including without limitation: (A) Lottery design; (B) Ticket distribution to retailers; (C) Supply of goods and services; and (D) Advertising. (3) In all procurement decisions, the office shall: (A) Take into account the particularly sensitive nature of lotteries; and (B) Act to promote and ensure: (i) Security, honesty, fairness, and integrity in the operation and administration of lotteries; and (ii) The objectives of raising net proceeds for the benefit of scholarships and grants. (b) Except as provided in subsections (c) and (d) of this section, the office shall comply with the Arkansas Procurement Law, § 19-11-201 et seq. (c) (1) The office shall adopt rules concerning the procurement process for major procurement contracts. (2) The office shall arrange for the solicitation and receipt of competitive bids for major procurement contracts. (3) Except for printing, stationery, and supplies under Arkansas Constitution, Amendment 54, the office is not required to accept the lowest responsible bid for major procurement contracts but shall select a bid that provides the greatest long-term benefit to the state, the greatest integrity for the office, and the best service and products for the public. (d) In any bidding process, the office may administer its own bidding and procurement or may utilize the services of the Department of Finance and Administration. (e) (1) Each proposed major procurement contract and each amendment or modification to a proposed or executed major procurement contract shall be filed with the Legislative Council for review at least thirty (30) days before the execution date of the major procurement contract or the amendment or modification to a proposed or executed major procurement contract. (2) The Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, shall provide the office with its review as to the propriety of the major procurement contract and each amendment or modification to a proposed or executed major procurement contract within thirty (30) days after receipt of the proposed major procurement contract or the amendment or modification to a proposed or executed major procurement contract. Amended by Act 2020F, No. 95,§ 36, eff. 7/1/2020. Amended by Act 2015, No. 1258,§ 35, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 45; 2010, No. 265, § 31; 2010, No. 294, § 31.

(a) (1) The Office of the Arkansas Lottery may purchase, lease, or lease-purchase goods or services as necessary for effectuating the purposes of this chapter. (2) The office may make procurements that integrate functions, including without limitation: (A) Lottery design; (B) Ticket distribution to retailers; (C) Supply of goods and services; and (D) Advertising. (3) In all procurement decisions, the office shall: (A) Take into account the particularly sensitive nature of lotteries; and (B) Act to promote and ensure: (i) Security, honesty, fairness, and integrity in the operation and administration of lotteries; and (ii) The objectives of raising net proceeds for the benefit of scholarships and grants.

(1) The Office of the Arkansas Lottery may purchase, lease, or lease-purchase goods or services as necessary for effectuating the purposes of this chapter.

(2) The office may make procurements that integrate functions, including without limitation: (A) Lottery design; (B) Ticket distribution to retailers; (C) Supply of goods and services; and (D) Advertising.

(A) Lottery design;

(B) Ticket distribution to retailers;

(C) Supply of goods and services; and

(D) Advertising.

(3) In all procurement decisions, the office shall: (A) Take into account the particularly sensitive nature of lotteries; and (B) Act to promote and ensure: (i) Security, honesty, fairness, and integrity in the operation and administration of lotteries; and (ii) The objectives of raising net proceeds for the benefit of scholarships and grants.

(A) Take into account the particularly sensitive nature of lotteries; and

(B) Act to promote and ensure: (i) Security, honesty, fairness, and integrity in the operation and administration of lotteries; and (ii) The objectives of raising net proceeds for the benefit of scholarships and grants.

(i) Security, honesty, fairness, and integrity in the operation and administration of lotteries; and

(ii) The objectives of raising net proceeds for the benefit of scholarships and grants.

(b) Except as provided in subsections (c) and (d) of this section, the office shall comply with the Arkansas Procurement Law, § 19-11-201 et seq.

(c) (1) The office shall adopt rules concerning the procurement process for major procurement contracts. (2) The office shall arrange for the solicitation and receipt of competitive bids for major procurement contracts. (3) Except for printing, stationery, and supplies under Arkansas Constitution, Amendment 54, the office is not required to accept the lowest responsible bid for major procurement contracts but shall select a bid that provides the greatest long-term benefit to the state, the greatest integrity for the office, and the best service and products for the public.

(1) The office shall adopt rules concerning the procurement process for major procurement contracts.

(2) The office shall arrange for the solicitation and receipt of competitive bids for major procurement contracts.

(3) Except for printing, stationery, and supplies under Arkansas Constitution, Amendment 54, the office is not required to accept the lowest responsible bid for major procurement contracts but shall select a bid that provides the greatest long-term benefit to the state, the greatest integrity for the office, and the best service and products for the public.

(d) In any bidding process, the office may administer its own bidding and procurement or may utilize the services of the Department of Finance and Administration.

(e) (1) Each proposed major procurement contract and each amendment or modification to a proposed or executed major procurement contract shall be filed with the Legislative Council for review at least thirty (30) days before the execution date of the major procurement contract or the amendment or modification to a proposed or executed major procurement contract. (2) The Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, shall provide the office with its review as to the propriety of the major procurement contract and each amendment or modification to a proposed or executed major procurement contract within thirty (30) days after receipt of the proposed major procurement contract or the amendment or modification to a proposed or executed major procurement contract.

(1) Each proposed major procurement contract and each amendment or modification to a proposed or executed major procurement contract shall be filed with the Legislative Council for review at least thirty (30) days before the execution date of the major procurement contract or the amendment or modification to a proposed or executed major procurement contract.

(2) The Legislative Council, or if the General Assembly is in session, the Joint Budget Committee, shall provide the office with its review as to the propriety of the major procurement contract and each amendment or modification to a proposed or executed major procurement contract within thirty (30) days after receipt of the proposed major procurement contract or the amendment or modification to a proposed or executed major procurement contract.

Amended by Act 2020F, No. 95,§ 36, eff. 7/1/2020.

Amended by Act 2015, No. 1258,§ 35, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2009, No. 1405, § 45; 2010, No. 265, § 31; 2010, No. 294, § 31.
Ark. Code Ann. § 23-46-510 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-510
Failure to make report or pay fees - Penalty
Status: in_force

(a) Any financial institution that refuses or fails, for thirty (30) days after notice from the Bank Commissioner, to make any report to the commissioner, or fails to pay any fees for ten (10) days after the date of notice by the commissioner, shall be given an additional notice through personal service or by letter from such person of the office of the commissioner as the commissioner may designate. (b) (1) If the failure continues for ten (10) days after the receipt of the additional notice, then the commissioner may assess a monetary penalty against the financial institution for each separate failure or refusal of one hundred dollars ($100) each day for the first thirty (30) days after receiving the notice of delinquency from the commissioner and one thousand dollars ($1,000) per day of violation for every day thereafter. (2) Alternatively, in the case of a state bank or subsidiary trust company, if the failure continues for ten (10) days after the receipt of the additional notice, the commissioner may take charge of the state bank or subsidiary trust company, as provided in case of insolvency. Acts 1997, No. 89, § 1.

(a) Any financial institution that refuses or fails, for thirty (30) days after notice from the Bank Commissioner, to make any report to the commissioner, or fails to pay any fees for ten (10) days after the date of notice by the commissioner, shall be given an additional notice through personal service or by letter from such person of the office of the commissioner as the commissioner may designate.

(b) (1) If the failure continues for ten (10) days after the receipt of the additional notice, then the commissioner may assess a monetary penalty against the financial institution for each separate failure or refusal of one hundred dollars ($100) each day for the first thirty (30) days after receiving the notice of delinquency from the commissioner and one thousand dollars ($1,000) per day of violation for every day thereafter. (2) Alternatively, in the case of a state bank or subsidiary trust company, if the failure continues for ten (10) days after the receipt of the additional notice, the commissioner may take charge of the state bank or subsidiary trust company, as provided in case of insolvency.

(1) If the failure continues for ten (10) days after the receipt of the additional notice, then the commissioner may assess a monetary penalty against the financial institution for each separate failure or refusal of one hundred dollars ($100) each day for the first thirty (30) days after receiving the notice of delinquency from the commissioner and one thousand dollars ($1,000) per day of violation for every day thereafter.

(2) Alternatively, in the case of a state bank or subsidiary trust company, if the failure continues for ten (10) days after the receipt of the additional notice, the commissioner may take charge of the state bank or subsidiary trust company, as provided in case of insolvency.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-48-405 — AR Code / Title 23 / Chapter 48 / Subchapter 4 / Section 23-48-405
Ownership or control of subsidiaries
Status: in_force

It shall be unlawful for a bank holding company to directly or indirectly own or control more than one (1) bank subsidiary if any such bank subsidiary with its main office in Arkansas has a de novo charter. Acts 1997, No. 89, § 1; 1997, No. 408, § 10.

It shall be unlawful for a bank holding company to directly or indirectly own or control more than one (1) bank subsidiary if any such bank subsidiary with its main office in Arkansas has a de novo charter.

Acts 1997, No. 89, § 1; 1997, No. 408, § 10.
Ark. Code Ann. § 23-88-305 — AR Code / Title 23 / Chapter 88 / Subchapter 3 / Section 23-88-305
Promulgation and approval of plan - Hearing
Status: in_force

(a) Within sixty (60) days following June 26, 1985, the governing board shall submit the plan to the Insurance Commissioner for his or her approval. (b) When the plan has been approved by the commissioner, all insurance companies authorized to transact the kinds of insurance set forth in § 23-88-303 shall subscribe to and participate in the plan. (c) If no plan meeting the purpose set forth in § 23-88-301 is submitted to the commissioner within the period of time specified, the commissioner shall prepare and promulgate a plan meeting those requirements. The commissioner may designate one (1) or more insurers or other agencies to assist him or her in the preparation, operation, and promulgation of a plan. (d) Notwithstanding the provisions contained in this section, no application shall be submitted to or accepted by the plan until the commissioner has determined, after a hearing, that a need for the implementation of the plan exists. Acts 1985 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 66-6104.

(a) Within sixty (60) days following June 26, 1985, the governing board shall submit the plan to the Insurance Commissioner for his or her approval.

(b) When the plan has been approved by the commissioner, all insurance companies authorized to transact the kinds of insurance set forth in § 23-88-303 shall subscribe to and participate in the plan.

(c) If no plan meeting the purpose set forth in § 23-88-301 is submitted to the commissioner within the period of time specified, the commissioner shall prepare and promulgate a plan meeting those requirements. The commissioner may designate one (1) or more insurers or other agencies to assist him or her in the preparation, operation, and promulgation of a plan.

(d) Notwithstanding the provisions contained in this section, no application shall be submitted to or accepted by the plan until the commissioner has determined, after a hearing, that a need for the implementation of the plan exists.

Acts 1985 (1st Ex. Sess.), No. 25, § 4; A.S.A. 1947, § 66-6104.