Ark. Code Ann. § 23-83-101 — AR Code / Title 23 / Chapter 83 / Section 23-83-101
Group contracts must meet group requirements
Status: in_force

(a) Except when specifically provided otherwise, "policy" as used in this chapter shall include both life insurance and annuities. (b) (1) No policy shall be delivered in this state insuring the lives of more than one (1) individual with or without one (1) or more members of the family or one (1) or more dependents, or covering one (1) or more members of the family or one (1) or more dependents of the group of persons, unless to one (1) of the groups as provided for in §§ 23-83-102 - 23-83-107 and unless in compliance with the other applicable provisions of this chapter. (2) Subdivision (b)(1) of this section shall not apply to policies: (A) Insuring only individuals related by blood, marriage, or legal adoption; (B) Insuring only individuals having a common interest through ownership of a business enterprise, or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or (C) Insuring only individuals otherwise having an insurable interest in each other's lives. Acts 1981, No. 898, § 1; A.S.A. 1947, § 66-3501.

(a) Except when specifically provided otherwise, "policy" as used in this chapter shall include both life insurance and annuities.

(b) (1) No policy shall be delivered in this state insuring the lives of more than one (1) individual with or without one (1) or more members of the family or one (1) or more dependents, or covering one (1) or more members of the family or one (1) or more dependents of the group of persons, unless to one (1) of the groups as provided for in §§ 23-83-102 - 23-83-107 and unless in compliance with the other applicable provisions of this chapter. (2) Subdivision (b)(1) of this section shall not apply to policies: (A) Insuring only individuals related by blood, marriage, or legal adoption; (B) Insuring only individuals having a common interest through ownership of a business enterprise, or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or (C) Insuring only individuals otherwise having an insurable interest in each other's lives.

(1) No policy shall be delivered in this state insuring the lives of more than one (1) individual with or without one (1) or more members of the family or one (1) or more dependents, or covering one (1) or more members of the family or one (1) or more dependents of the group of persons, unless to one (1) of the groups as provided for in §§ 23-83-102 - 23-83-107 and unless in compliance with the other applicable provisions of this chapter.

(2) Subdivision (b)(1) of this section shall not apply to policies: (A) Insuring only individuals related by blood, marriage, or legal adoption; (B) Insuring only individuals having a common interest through ownership of a business enterprise, or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or (C) Insuring only individuals otherwise having an insurable interest in each other's lives.

(A) Insuring only individuals related by blood, marriage, or legal adoption;

(B) Insuring only individuals having a common interest through ownership of a business enterprise, or a substantial legal interest or equity therein, and who are actively engaged in the management thereof; or

(C) Insuring only individuals otherwise having an insurable interest in each other's lives.

Acts 1981, No. 898, § 1; A.S.A. 1947, § 66-3501.
Ark. Code Ann. § 23-40-113 — AR Code / Title 23 / Chapter 40 / Section 23-40-113
Change of ownership
Status: in_force

(a) The seller shall apply for change of ownership or control when: (1) The seller transfers all or a portion of the interest in any contract for prepaid funeral benefits; (2) The seller transfers one (1) or more of its establishments for providing funeral goods or services; (3) All or a portion of the equity ownership of a seller has been transferred which will result in a change of: (A) The controlling interest of a seller when the seller is a corporation; (B) Ownership of a seller when the seller is other than a corporation; (4) The seller transfers all of its business assets relating to providing funeral goods or services; or (5) The seller terminates its business of providing funeral goods or services. (b) At least fifteen (15) days prior to the proposed occurrence of an event described in subsection (a) of this section, the seller shall file a verified change of ownership application with the Insurance Commissioner which shall contain the following: (1) The name and address of the seller; (2) The name and address of the organization proposing to acquire property of the seller, hereinafter referred to as the "transferee"; (3) A description of the property and of the proposed transaction, as set forth in subsection (a) of this section; (4) An accounting of the trust fund and all outstanding contracts, which accounting shall contain all the information required in the annual report, prepared as of a date within thirty (30) days of the required application filing date; (5) Any required documents or amendments thereto relating to the trust fund; (6) A copy of any notice proposed to be sent to the contract buyers after the transfer; (7) A filing fee of five hundred dollars ($500); and (8) Any other information which may reasonably be required by the commissioner pursuant to rule or order. (c) The commissioner shall approve the seller's application for change of ownership by written authorization if: (1) The transferee or transferees set forth in the application hold a valid, current permit pursuant to the provisions of this chapter; (2) The accounting required is complete, accurate, and reflects the trust fund whole and intact; and (3) All required information and documents are filed with and approved by the commissioner. (d) The commissioner shall have the authority by rule or order to waive or reduce any or all of the requirements contained in subsection (b) of this section as not being necessary or appropriate in the public interest or for the protection of the contract buyers. (e) The seller, or interest therein, shall remain liable for all funds and transactions to the effective date of the transfer. The commissioner shall recover from the seller, for the benefit and protection of contract buyers, all contract proceeds which the seller has not properly accounted for and deposited into the trust fund. Acts 1985, No. 156, § 6; A.S.A. 1947, § 67-1718; Acts 1995, No. 852, § 5; 1997, No. 372, § 6; 1999, No. 881, § 2.

(a) The seller shall apply for change of ownership or control when: (1) The seller transfers all or a portion of the interest in any contract for prepaid funeral benefits; (2) The seller transfers one (1) or more of its establishments for providing funeral goods or services; (3) All or a portion of the equity ownership of a seller has been transferred which will result in a change of: (A) The controlling interest of a seller when the seller is a corporation; (B) Ownership of a seller when the seller is other than a corporation; (4) The seller transfers all of its business assets relating to providing funeral goods or services; or (5) The seller terminates its business of providing funeral goods or services.

(1) The seller transfers all or a portion of the interest in any contract for prepaid funeral benefits;

(2) The seller transfers one (1) or more of its establishments for providing funeral goods or services;

(3) All or a portion of the equity ownership of a seller has been transferred which will result in a change of: (A) The controlling interest of a seller when the seller is a corporation; (B) Ownership of a seller when the seller is other than a corporation;

(A) The controlling interest of a seller when the seller is a corporation;

(B) Ownership of a seller when the seller is other than a corporation;

(4) The seller transfers all of its business assets relating to providing funeral goods or services; or

(5) The seller terminates its business of providing funeral goods or services.

(b) At least fifteen (15) days prior to the proposed occurrence of an event described in subsection (a) of this section, the seller shall file a verified change of ownership application with the Insurance Commissioner which shall contain the following: (1) The name and address of the seller; (2) The name and address of the organization proposing to acquire property of the seller, hereinafter referred to as the "transferee"; (3) A description of the property and of the proposed transaction, as set forth in subsection (a) of this section; (4) An accounting of the trust fund and all outstanding contracts, which accounting shall contain all the information required in the annual report, prepared as of a date within thirty (30) days of the required application filing date; (5) Any required documents or amendments thereto relating to the trust fund; (6) A copy of any notice proposed to be sent to the contract buyers after the transfer; (7) A filing fee of five hundred dollars ($500); and (8) Any other information which may reasonably be required by the commissioner pursuant to rule or order.

(1) The name and address of the seller;

(2) The name and address of the organization proposing to acquire property of the seller, hereinafter referred to as the "transferee";

(3) A description of the property and of the proposed transaction, as set forth in subsection (a) of this section;

(4) An accounting of the trust fund and all outstanding contracts, which accounting shall contain all the information required in the annual report, prepared as of a date within thirty (30) days of the required application filing date;

(5) Any required documents or amendments thereto relating to the trust fund;

(6) A copy of any notice proposed to be sent to the contract buyers after the transfer;

(7) A filing fee of five hundred dollars ($500); and

(8) Any other information which may reasonably be required by the commissioner pursuant to rule or order.

(c) The commissioner shall approve the seller's application for change of ownership by written authorization if: (1) The transferee or transferees set forth in the application hold a valid, current permit pursuant to the provisions of this chapter; (2) The accounting required is complete, accurate, and reflects the trust fund whole and intact; and (3) All required information and documents are filed with and approved by the commissioner.

(1) The transferee or transferees set forth in the application hold a valid, current permit pursuant to the provisions of this chapter;

(2) The accounting required is complete, accurate, and reflects the trust fund whole and intact; and

(3) All required information and documents are filed with and approved by the commissioner.

(d) The commissioner shall have the authority by rule or order to waive or reduce any or all of the requirements contained in subsection (b) of this section as not being necessary or appropriate in the public interest or for the protection of the contract buyers.

(e) The seller, or interest therein, shall remain liable for all funds and transactions to the effective date of the transfer. The commissioner shall recover from the seller, for the benefit and protection of contract buyers, all contract proceeds which the seller has not properly accounted for and deposited into the trust fund.

Acts 1985, No. 156, § 6; A.S.A. 1947, § 67-1718; Acts 1995, No. 852, § 5; 1997, No. 372, § 6; 1999, No. 881, § 2.
Ark. Code Ann. § 23-10-430 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-430
Recovery of demurrage, forfeitures, and charges
Status: in_force

All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction. Acts 1907, No. 193, § 19, p. 453; C. & M. Dig., § 911; Pope's Dig., § 1115; A.S.A. 1947, § 73-1326.

All forfeitures, charges, and demurrage that accrue to either shipper or railroad company under this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , 23-10-409 - 23-10-429 and 23-10-431 may be recovered in any court having jurisdiction.

Acts 1907, No. 193, § 19, p. 453; C. & M. Dig., § 911; Pope's Dig., § 1115; A.S.A. 1947, § 73-1326.
Ark. Code Ann. § 23-13-720 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-720
Exclusive authority
Status: in_force

(a) (1) Transportation network companies and transportation network company drivers are governed exclusively by this subchapter and any rules promulgated by the Arkansas Public Service Commission consistent with this subchapter. (2) This subchapter does not limit the Arkansas Department of Transportation, the Division of Arkansas State Police, the Attorney General, other state agencies, law enforcement, and local governments within this state from enforcing state and federal laws or regulations of general applicability that apply to transportation network companies and transportation network company drivers. (b) (1) Except as provided in subdivision (b)(2) of this section, a county, municipality, or other local entity shall not tax or license a transportation network company, a transportation network company driver, or a motor vehicle used by a transportation network company driver if the tax or license relates to providing transportation network company services or subjects a transportation network company to any type of rate, entry, operational, or other requirement of the county, municipality, or other local entity. (2) A municipal airport commission created under the Airport Commission Act, § 14-359-101 et seq., or a regional airport authority created under the Regional Airport Act, § 14-362-101 et seq., may impose tolls and fees as authorized by §§ 14-359-109 and 14-362-109 upon a: (A) Transportation network company; (B) Transportation network company driver; or (C) Motor vehicle used by a transportation network company driver. Amended by Act 2017, No. 954,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 707,§ 232, eff. 8/1/2017. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) (1) Transportation network companies and transportation network company drivers are governed exclusively by this subchapter and any rules promulgated by the Arkansas Public Service Commission consistent with this subchapter. (2) This subchapter does not limit the Arkansas Department of Transportation, the Division of Arkansas State Police, the Attorney General, other state agencies, law enforcement, and local governments within this state from enforcing state and federal laws or regulations of general applicability that apply to transportation network companies and transportation network company drivers.

(1) Transportation network companies and transportation network company drivers are governed exclusively by this subchapter and any rules promulgated by the Arkansas Public Service Commission consistent with this subchapter.

(2) This subchapter does not limit the Arkansas Department of Transportation, the Division of Arkansas State Police, the Attorney General, other state agencies, law enforcement, and local governments within this state from enforcing state and federal laws or regulations of general applicability that apply to transportation network companies and transportation network company drivers.

(b) (1) Except as provided in subdivision (b)(2) of this section, a county, municipality, or other local entity shall not tax or license a transportation network company, a transportation network company driver, or a motor vehicle used by a transportation network company driver if the tax or license relates to providing transportation network company services or subjects a transportation network company to any type of rate, entry, operational, or other requirement of the county, municipality, or other local entity. (2) A municipal airport commission created under the Airport Commission Act, § 14-359-101 et seq., or a regional airport authority created under the Regional Airport Act, § 14-362-101 et seq., may impose tolls and fees as authorized by §§ 14-359-109 and 14-362-109 upon a: (A) Transportation network company; (B) Transportation network company driver; or (C) Motor vehicle used by a transportation network company driver.

(1) Except as provided in subdivision (b)(2) of this section, a county, municipality, or other local entity shall not tax or license a transportation network company, a transportation network company driver, or a motor vehicle used by a transportation network company driver if the tax or license relates to providing transportation network company services or subjects a transportation network company to any type of rate, entry, operational, or other requirement of the county, municipality, or other local entity.

(2) A municipal airport commission created under the Airport Commission Act, § 14-359-101 et seq., or a regional airport authority created under the Regional Airport Act, § 14-362-101 et seq., may impose tolls and fees as authorized by §§ 14-359-109 and 14-362-109 upon a: (A) Transportation network company; (B) Transportation network company driver; or (C) Motor vehicle used by a transportation network company driver.

(A) Transportation network company;

(B) Transportation network company driver; or

(C) Motor vehicle used by a transportation network company driver.

Amended by Act 2017, No. 954,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 707,§ 232, eff. 8/1/2017.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-49-109 — AR Code / Title 23 / Chapter 49 / Section 23-49-109
Presentation of claims - Notice of claims procedure - Rejection of claims - Statute of limitations
Status: in_force

(a) All parties having claims against the closed institution shall present their claims supported by proof to the receiver within one hundred eighty (180) days after the Bank Commissioner has taken possession. (b) The receiver shall cause notice of the claims procedures prescribed by this section to be: (1) Published once a month for three (3) consecutive months in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation; and (2) Mailed to each person whose name appears as a creditor upon books of the institution at the person's last address of record. (c) (1) Within one hundred eighty (180) days following receipt of the claim, the receiver shall notify in writing any claimant whose claim has been rejected. Notice is effective when mailed. (2) Any claimant whose claim has been rejected by the receiver may petition the circuit court for a hearing on the claim within sixty (60) days from the date the claim was rejected. (d) The period described in subsection (a) of this section may be extended by written agreement between the claimant and the receiver. (e) (1) The claim of any party against the closed institution shall be disallowed, other than any portion of the claim which was allowed by the receiver, as of the end of the sixty-day period described in subsection (c) of this section, if the party having the claim fails to: (A) Request an administrative review of any claim by the receiver in accordance with proper procedure; or (B) File suit on the claim, or continue an action commenced before the appointment of the receiver, before the end of the sixty-day period. (2) The disallowance shall be final, and the claimant shall have no further rights or remedies with respect to the claim. Acts 1997, No. 89, § 1.

(a) All parties having claims against the closed institution shall present their claims supported by proof to the receiver within one hundred eighty (180) days after the Bank Commissioner has taken possession.

(b) The receiver shall cause notice of the claims procedures prescribed by this section to be: (1) Published once a month for three (3) consecutive months in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation; and (2) Mailed to each person whose name appears as a creditor upon books of the institution at the person's last address of record.

(1) Published once a month for three (3) consecutive months in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation; and

(2) Mailed to each person whose name appears as a creditor upon books of the institution at the person's last address of record.

(c) (1) Within one hundred eighty (180) days following receipt of the claim, the receiver shall notify in writing any claimant whose claim has been rejected. Notice is effective when mailed. (2) Any claimant whose claim has been rejected by the receiver may petition the circuit court for a hearing on the claim within sixty (60) days from the date the claim was rejected.

(1) Within one hundred eighty (180) days following receipt of the claim, the receiver shall notify in writing any claimant whose claim has been rejected. Notice is effective when mailed.

(2) Any claimant whose claim has been rejected by the receiver may petition the circuit court for a hearing on the claim within sixty (60) days from the date the claim was rejected.

(d) The period described in subsection (a) of this section may be extended by written agreement between the claimant and the receiver.

(e) (1) The claim of any party against the closed institution shall be disallowed, other than any portion of the claim which was allowed by the receiver, as of the end of the sixty-day period described in subsection (c) of this section, if the party having the claim fails to: (A) Request an administrative review of any claim by the receiver in accordance with proper procedure; or (B) File suit on the claim, or continue an action commenced before the appointment of the receiver, before the end of the sixty-day period. (2) The disallowance shall be final, and the claimant shall have no further rights or remedies with respect to the claim.

(1) The claim of any party against the closed institution shall be disallowed, other than any portion of the claim which was allowed by the receiver, as of the end of the sixty-day period described in subsection (c) of this section, if the party having the claim fails to: (A) Request an administrative review of any claim by the receiver in accordance with proper procedure; or (B) File suit on the claim, or continue an action commenced before the appointment of the receiver, before the end of the sixty-day period.

(A) Request an administrative review of any claim by the receiver in accordance with proper procedure; or

(B) File suit on the claim, or continue an action commenced before the appointment of the receiver, before the end of the sixty-day period.

(2) The disallowance shall be final, and the claimant shall have no further rights or remedies with respect to the claim.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-100-103 — AR Code / Title 23 / Chapter 100 / Section 23-100-103
State Insurance Department Criminal Investigation Division Trust Fund - Creation
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Criminal Investigation Division Trust Fund" to be used to defray the expenses of the Criminal Investigation Division in the discharge of its administrative and regulatory powers and duties as prescribed by law. (b) No money is to be appropriated from this fund for any purpose except for the personal services and operating expenses, maintenance and operations, and support of and improvements to the division, and at the direction of the Insurance Commissioner, for the use, benefit, and support of the division. (c) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State. (d) All income derived through: (1) Investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund; and (2) Grants, refunds, gifts, or any other sources to the fund shall be credited as income to the fund and deposited therein. (e) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as may be provided by law. Acts 1997, No. 337, § 2; 2005, No. 1697, § 27.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Criminal Investigation Division Trust Fund" to be used to defray the expenses of the Criminal Investigation Division in the discharge of its administrative and regulatory powers and duties as prescribed by law.

(b) No money is to be appropriated from this fund for any purpose except for the personal services and operating expenses, maintenance and operations, and support of and improvements to the division, and at the direction of the Insurance Commissioner, for the use, benefit, and support of the division.

(c) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State.

(d) All income derived through: (1) Investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund; and (2) Grants, refunds, gifts, or any other sources to the fund shall be credited as income to the fund and deposited therein.

(1) Investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund; and

(2) Grants, refunds, gifts, or any other sources to the fund shall be credited as income to the fund and deposited therein.

(e) Further, all moneys deposited into the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as may be provided by law.

Acts 1997, No. 337, § 2; 2005, No. 1697, § 27.
Ark. Code Ann. § 23-10-441 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-441
Shipper's pass on shipments of livestock or poultry
Status: in_force

(a) When any railroad company or corporation doing business within the limits of this state receives and ships any livestock or poultry by the carload, the company or corporation, in consideration of the price paid for the car, shall pass the shipper or his or her employee to and from the point designated in the contract or bill of lading without further expense to the shipper. (b) Any railroad company or corporation or officer, agent, or employee of any railroad company or corporation failing to comply with this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense. Amended by Act 2023, No. 180,§ 5, eff. 8/1/2023. Acts 1895, No. 51, §§ 1, 2, p. 64; C. & M. Dig., § 894; Pope's Dig., § 1098; A.S.A. 1947, §§ 73-1335, 73-1336.

(a) When any railroad company or corporation doing business within the limits of this state receives and ships any livestock or poultry by the carload, the company or corporation, in consideration of the price paid for the car, shall pass the shipper or his or her employee to and from the point designated in the contract or bill of lading without further expense to the shipper.

(b) Any railroad company or corporation or officer, agent, or employee of any railroad company or corporation failing to comply with this section is guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each offense.

Amended by Act 2023, No. 180,§ 5, eff. 8/1/2023.

Acts 1895, No. 51, §§ 1, 2, p. 64; C. & M. Dig., § 894; Pope's Dig., § 1098; A.S.A. 1947, §§ 73-1335, 73-1336.
Ark. Code Ann. § 23-18-509 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-509
Employees of commission
Status: in_force

The Arkansas Public Service Commission is empowered to employ additional consultants to assist it as it deems necessary for an adequate appraisal of the applications for certificates of environmental compatibility and public need. Acts 1973, No. 164, § 17; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.16.

The Arkansas Public Service Commission is empowered to employ additional consultants to assist it as it deems necessary for an adequate appraisal of the applications for certificates of environmental compatibility and public need.

Acts 1973, No. 164, § 17; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.16.
Ark. Code Ann. § 23-84-114 — AR Code / Title 23 / Chapter 84 / Section 23-84-114
Minimum standard for accident and health insurance
Status: in_force

(a) The Insurance Commissioner shall promulgate rules containing the minimum standards that apply to the valuation of accident and health insurance issued on or after January 1, 1960, but before the operative date of the valuation manual. (b) For accident and health insurance issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under § 23-84-102(b) . Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015. See Act 2015, No. 1223, § 26.

(a) The Insurance Commissioner shall promulgate rules containing the minimum standards that apply to the valuation of accident and health insurance issued on or after January 1, 1960, but before the operative date of the valuation manual.

(b) For accident and health insurance issued on or after the operative date of the valuation manual, the standard prescribed in the valuation manual is the minimum standard of valuation required under § 23-84-102(b) .

Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015.

See Act 2015, No. 1223, § 26.
Ark. Code Ann. § 23-18-409 — AR Code / Title 23 / Chapter 18 / Subchapter 4 / Section 23-18-409
Terms and conditions for use of power - Rental - Exception
Status: in_force

The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for the benefit and use of the General Revenue Fund Account of the State Apportionment Fund. This annual rental shall be equal to the rental charged by the Federal Energy Regulatory Commission on such horsepower under its regulations in force at the time the permit is granted by the state. However, if the waterpower is taxable by the federal government under license granted by the Federal Energy Regulatory Commission, no further rental shall be assessed by the Arkansas Public Service Commission. Acts 1927, No. 121, § 8; Pope's Dig., § 14480; A.S.A. 1947, § 73-2008.

The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for the benefit and use of the General Revenue Fund Account of the State Apportionment Fund. This annual rental shall be equal to the rental charged by the Federal Energy Regulatory Commission on such horsepower under its regulations in force at the time the permit is granted by the state. However, if the waterpower is taxable by the federal government under license granted by the Federal Energy Regulatory Commission, no further rental shall be assessed by the Arkansas Public Service Commission.

Acts 1927, No. 121, § 8; Pope's Dig., § 14480; A.S.A. 1947, § 73-2008.
Ark. Code Ann. § 23-11-504 — AR Code / Title 23 / Chapter 11 / Subchapter 5 / Section 23-11-504
Report of failure to accept or forfeiture of lands - Lands proclaimed subject to sale
Status: in_force

(a) The Commissioner of State Lands is charged with the duty of making inquiry and of reporting to the Governor all failures of any railroad company to make application and accept conveyance within the time specified in § 23-11-502 . He or she shall report all failures with a list of the lands forfeited by the nonapplication. (b) Upon receipt of the report, the Governor shall make proclamation that the lands have been forfeited and are subject to sale by the state. Acts 1883, No. 26, § 5, p. 47; C. & M. Dig., §§ 8459, 8460; Pope's Dig., §§ 11033, 11034; A.S.A. 1947, § 73-507.

(a) The Commissioner of State Lands is charged with the duty of making inquiry and of reporting to the Governor all failures of any railroad company to make application and accept conveyance within the time specified in § 23-11-502 . He or she shall report all failures with a list of the lands forfeited by the nonapplication.

(b) Upon receipt of the report, the Governor shall make proclamation that the lands have been forfeited and are subject to sale by the state.

Acts 1883, No. 26, § 5, p. 47; C. & M. Dig., §§ 8459, 8460; Pope's Dig., §§ 11033, 11034; A.S.A. 1947, § 73-507.
Ark. Code Ann. § 23-62-405 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-405
Required contract provisions - Reinsurance intermediary brokers
Status: in_force

(a) Transactions between a reinsurance intermediary broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party. (b) The authorization shall, at a minimum, provide that: (1) The insurer may terminate the reinsurance intermediary broker's authority at any time; (2) The reinsurance intermediary broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary broker, and remit all funds due to the insurer within thirty (30) days of receipt; (3) All funds collected for the insurer's account will be held by the reinsurance intermediary broker in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 ; (4) The reinsurance intermediary broker will comply with § 23-62-406 ; (5) The reinsurance intermediary broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The reinsurance intermediary broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded. Acts 1993, No. 527, § 1.

(a) Transactions between a reinsurance intermediary broker and the insurer it represents in such capacity shall only be entered into pursuant to a written authorization, specifying the responsibilities of each party.

(b) The authorization shall, at a minimum, provide that: (1) The insurer may terminate the reinsurance intermediary broker's authority at any time; (2) The reinsurance intermediary broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary broker, and remit all funds due to the insurer within thirty (30) days of receipt; (3) All funds collected for the insurer's account will be held by the reinsurance intermediary broker in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 ; (4) The reinsurance intermediary broker will comply with § 23-62-406 ; (5) The reinsurance intermediary broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and (6) The reinsurance intermediary broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.

(1) The insurer may terminate the reinsurance intermediary broker's authority at any time;

(2) The reinsurance intermediary broker will render accounts to the insurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary broker, and remit all funds due to the insurer within thirty (30) days of receipt;

(3) All funds collected for the insurer's account will be held by the reinsurance intermediary broker in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 ;

(4) The reinsurance intermediary broker will comply with § 23-62-406 ;

(5) The reinsurance intermediary broker will comply with the written standards established by the insurer for the cession or retrocession of all risks; and

(6) The reinsurance intermediary broker will disclose to the insurer any relationship with any reinsurer to which business will be ceded or retroceded.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-81-126 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-126
Annuity and pure endowment contracts - Dividend provision
Status: in_force

If an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract. Acts 1959, No. 148, § 329; A.S.A. 1947, § 66-3320.

If an annuity or pure endowment contract, other than a reversionary, survivorship, or group annuity, is participating, there shall be a provision that the insurer shall annually ascertain and apportion any divisible surplus accruing on the contract.

Acts 1959, No. 148, § 329; A.S.A. 1947, § 66-3320.
Ark. Code Ann. § 23-71-102 — AR Code / Title 23 / Chapter 71 / Section 23-71-102
Scope
Status: in_force

(a) This chapter applies only to stipulated premium plan insurers. (b) No provisions of the Arkansas Insurance Code shall apply to stipulated premium plan insurers unless contained or referred to in this chapter. Acts 1959, No. 148, § 540; A.S.A. 1947, § 66-4401.

(a) This chapter applies only to stipulated premium plan insurers.

(b) No provisions of the Arkansas Insurance Code shall apply to stipulated premium plan insurers unless contained or referred to in this chapter.

Acts 1959, No. 148, § 540; A.S.A. 1947, § 66-4401.
Ark. Code Ann. § 23-84-101 — AR Code / Title 23 / Chapter 84 / Section 23-84-101
Title - Definitions
Status: in_force

(a) This chapter shall be known and may be cited as the "Standard Valuation Law for Life Insurance and Annuities". (b) As used in this chapter: (1) "Accident and health insurance" means: (A) A contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions; and (B) The definition or description of "accident and health insurance" specified in the valuation manual; (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required by § 23-84-112(b) ; (3) "Company" means an entity that has written, issued, or reinsured a policy or contract: (A) In this state and has at least one (1) policy or contract in force or in claim status; or (B) In any state and is required to hold a certificate of authority to write a policy or contract in this state; (4) "Deposit-type contract" means: (A) A contract that does not incorporate mortality or morbidity risks; and (B) The definition or description of "deposit-type contract" specified in the valuation manual; (5) "Life insurance" means: (A) A contract that incorporates mortality risk, including annuity and pure endowment contracts; and (B) The definition or description of "life insurance" specified in the valuation manual; (6) "Operative date of the valuation manual" means the date if approved by the Insurance Commissioner as the date for use under this chapter of the valuation manual or a change to the valuation manual that is: (A) January 1 of the first calendar year following the first July 1 as of which all of the following have occurred: (i) The valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote of at least forty-two (42) members or three-fourths (3/4) of the members voting, whichever is greater; (ii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent (75%) of the direct premiums written as reported for 2008 for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; and (iii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least forty-two (42) of the following fifty-five (55) jurisdictions: The fifty (50) states of the United States, American Samoa, the Virgin Islands of the United States, the District of Columbia, Guam, and Puerto Rico; or (B) For a change to the valuation manual unless the change to the valuation manual specifies a later effective date, January 1 following the date when the change to the valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote representing: (i) At least three-fourths (3/4) of the members of the National Association of Insurance Commissioners that vote on the change to the valuation manual, but not less than a majority of the total membership; and (ii) Members of the National Association of Insurance Commissioners representing jurisdictions totaling greater than seventy-five percent (75%) of the direct premiums written as reported in the annual statements most recently available before the vote in subdivision (6)(B)(i) of this section for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; (7) "Policy or contract" means life insurance, accident and health insurance, or a deposit-type contract; (8) "Policyholder behavior" means any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract, including without limitation lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract, but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract; (9) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 23-84-116 as specified in the valuation manual; (10) "Qualified actuary" means an individual who: (A) Is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements; and (B) Meets the requirements specified in the valuation manual; (11) "Reserve" means the amount set aside by a company to cover all future liabilities under the company's policies or contracts; (12) "Tail risk" means a risk that occurs because: (A) The frequency of low probability events is higher than expected under a normal probability distribution; or (B) Observed events of very significant size or magnitude exist; and (13) "Valuation manual" means the manual of valuation instructions adopted by the National Association of Insurance Commissioners that is approved for use under this chapter by the commissioner. Amended by Act 2015, No. 1223,§ 36, eff. 7/22/2015. Acts 1959, No. 148, § 92; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511. See Act 2015, No. 1223, § 26.

(a) This chapter shall be known and may be cited as the "Standard Valuation Law for Life Insurance and Annuities".

(b) As used in this chapter: (1) "Accident and health insurance" means: (A) A contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions; and (B) The definition or description of "accident and health insurance" specified in the valuation manual; (2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required by § 23-84-112(b) ; (3) "Company" means an entity that has written, issued, or reinsured a policy or contract: (A) In this state and has at least one (1) policy or contract in force or in claim status; or (B) In any state and is required to hold a certificate of authority to write a policy or contract in this state; (4) "Deposit-type contract" means: (A) A contract that does not incorporate mortality or morbidity risks; and (B) The definition or description of "deposit-type contract" specified in the valuation manual; (5) "Life insurance" means: (A) A contract that incorporates mortality risk, including annuity and pure endowment contracts; and (B) The definition or description of "life insurance" specified in the valuation manual; (6) "Operative date of the valuation manual" means the date if approved by the Insurance Commissioner as the date for use under this chapter of the valuation manual or a change to the valuation manual that is: (A) January 1 of the first calendar year following the first July 1 as of which all of the following have occurred: (i) The valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote of at least forty-two (42) members or three-fourths (3/4) of the members voting, whichever is greater; (ii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent (75%) of the direct premiums written as reported for 2008 for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; and (iii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least forty-two (42) of the following fifty-five (55) jurisdictions: The fifty (50) states of the United States, American Samoa, the Virgin Islands of the United States, the District of Columbia, Guam, and Puerto Rico; or (B) For a change to the valuation manual unless the change to the valuation manual specifies a later effective date, January 1 following the date when the change to the valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote representing: (i) At least three-fourths (3/4) of the members of the National Association of Insurance Commissioners that vote on the change to the valuation manual, but not less than a majority of the total membership; and (ii) Members of the National Association of Insurance Commissioners representing jurisdictions totaling greater than seventy-five percent (75%) of the direct premiums written as reported in the annual statements most recently available before the vote in subdivision (6)(B)(i) of this section for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; (7) "Policy or contract" means life insurance, accident and health insurance, or a deposit-type contract; (8) "Policyholder behavior" means any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract, including without limitation lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract, but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract; (9) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 23-84-116 as specified in the valuation manual; (10) "Qualified actuary" means an individual who: (A) Is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements; and (B) Meets the requirements specified in the valuation manual; (11) "Reserve" means the amount set aside by a company to cover all future liabilities under the company's policies or contracts; (12) "Tail risk" means a risk that occurs because: (A) The frequency of low probability events is higher than expected under a normal probability distribution; or (B) Observed events of very significant size or magnitude exist; and (13) "Valuation manual" means the manual of valuation instructions adopted by the National Association of Insurance Commissioners that is approved for use under this chapter by the commissioner.

(1) "Accident and health insurance" means: (A) A contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions; and (B) The definition or description of "accident and health insurance" specified in the valuation manual;

(A) A contract that incorporates morbidity risk and provides protection against economic loss resulting from accident, sickness, or medical conditions; and

(B) The definition or description of "accident and health insurance" specified in the valuation manual;

(2) "Appointed actuary" means a qualified actuary who is appointed in accordance with the valuation manual to prepare the actuarial opinion required by § 23-84-112(b) ;

(3) "Company" means an entity that has written, issued, or reinsured a policy or contract: (A) In this state and has at least one (1) policy or contract in force or in claim status; or (B) In any state and is required to hold a certificate of authority to write a policy or contract in this state;

(A) In this state and has at least one (1) policy or contract in force or in claim status; or

(B) In any state and is required to hold a certificate of authority to write a policy or contract in this state;

(4) "Deposit-type contract" means: (A) A contract that does not incorporate mortality or morbidity risks; and (B) The definition or description of "deposit-type contract" specified in the valuation manual;

(A) A contract that does not incorporate mortality or morbidity risks; and

(B) The definition or description of "deposit-type contract" specified in the valuation manual;

(5) "Life insurance" means: (A) A contract that incorporates mortality risk, including annuity and pure endowment contracts; and (B) The definition or description of "life insurance" specified in the valuation manual;

(A) A contract that incorporates mortality risk, including annuity and pure endowment contracts; and

(B) The definition or description of "life insurance" specified in the valuation manual;

(6) "Operative date of the valuation manual" means the date if approved by the Insurance Commissioner as the date for use under this chapter of the valuation manual or a change to the valuation manual that is: (A) January 1 of the first calendar year following the first July 1 as of which all of the following have occurred: (i) The valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote of at least forty-two (42) members or three-fourths (3/4) of the members voting, whichever is greater; (ii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent (75%) of the direct premiums written as reported for 2008 for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; and (iii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least forty-two (42) of the following fifty-five (55) jurisdictions: The fifty (50) states of the United States, American Samoa, the Virgin Islands of the United States, the District of Columbia, Guam, and Puerto Rico; or (B) For a change to the valuation manual unless the change to the valuation manual specifies a later effective date, January 1 following the date when the change to the valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote representing: (i) At least three-fourths (3/4) of the members of the National Association of Insurance Commissioners that vote on the change to the valuation manual, but not less than a majority of the total membership; and (ii) Members of the National Association of Insurance Commissioners representing jurisdictions totaling greater than seventy-five percent (75%) of the direct premiums written as reported in the annual statements most recently available before the vote in subdivision (6)(B)(i) of this section for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements;

(A) January 1 of the first calendar year following the first July 1 as of which all of the following have occurred: (i) The valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote of at least forty-two (42) members or three-fourths (3/4) of the members voting, whichever is greater; (ii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent (75%) of the direct premiums written as reported for 2008 for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; and (iii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least forty-two (42) of the following fifty-five (55) jurisdictions: The fifty (50) states of the United States, American Samoa, the Virgin Islands of the United States, the District of Columbia, Guam, and Puerto Rico; or

(i) The valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote of at least forty-two (42) members or three-fourths (3/4) of the members voting, whichever is greater;

(ii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by states representing greater than seventy-five percent (75%) of the direct premiums written as reported for 2008 for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements; and

(a) Life, accident, and health annual statements;

(b) Health annual statements; and

(c) Fraternal annual statements; and

(iii) The Standard Valuation Law, as amended by the National Association of Insurance Commissioners in 2009, or legislation including substantially similar terms and provisions, has been enacted by at least forty-two (42) of the following fifty-five (55) jurisdictions: The fifty (50) states of the United States, American Samoa, the Virgin Islands of the United States, the District of Columbia, Guam, and Puerto Rico; or

(B) For a change to the valuation manual unless the change to the valuation manual specifies a later effective date, January 1 following the date when the change to the valuation manual has been adopted by the National Association of Insurance Commissioners by an affirmative vote representing: (i) At least three-fourths (3/4) of the members of the National Association of Insurance Commissioners that vote on the change to the valuation manual, but not less than a majority of the total membership; and (ii) Members of the National Association of Insurance Commissioners representing jurisdictions totaling greater than seventy-five percent (75%) of the direct premiums written as reported in the annual statements most recently available before the vote in subdivision (6)(B)(i) of this section for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements;

(i) At least three-fourths (3/4) of the members of the National Association of Insurance Commissioners that vote on the change to the valuation manual, but not less than a majority of the total membership; and

(ii) Members of the National Association of Insurance Commissioners representing jurisdictions totaling greater than seventy-five percent (75%) of the direct premiums written as reported in the annual statements most recently available before the vote in subdivision (6)(B)(i) of this section for: (a) Life, accident, and health annual statements; (b) Health annual statements; and (c) Fraternal annual statements;

(a) Life, accident, and health annual statements;

(b) Health annual statements; and

(c) Fraternal annual statements;

(7) "Policy or contract" means life insurance, accident and health insurance, or a deposit-type contract;

(8) "Policyholder behavior" means any action a policyholder, contract holder, or any other person with the right to elect options, such as a certificate holder, may take under a policy or contract, including without limitation lapse, withdrawal, transfer, deposit, premium payment, loan, annuitization, or benefit elections prescribed by the policy or contract, but excluding events of mortality or morbidity that result in benefits prescribed in their essential aspects by the terms of the policy or contract;

(9) "Principle-based valuation" means a reserve valuation that uses one (1) or more methods or one (1) or more assumptions determined by the insurer and is required to comply with § 23-84-116 as specified in the valuation manual;

(10) "Qualified actuary" means an individual who: (A) Is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements; and (B) Meets the requirements specified in the valuation manual;

(A) Is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries' qualification standards for actuaries signing such statements; and

(B) Meets the requirements specified in the valuation manual;

(11) "Reserve" means the amount set aside by a company to cover all future liabilities under the company's policies or contracts;

(12) "Tail risk" means a risk that occurs because: (A) The frequency of low probability events is higher than expected under a normal probability distribution; or (B) Observed events of very significant size or magnitude exist; and

(A) The frequency of low probability events is higher than expected under a normal probability distribution; or

(B) Observed events of very significant size or magnitude exist; and

(13) "Valuation manual" means the manual of valuation instructions adopted by the National Association of Insurance Commissioners that is approved for use under this chapter by the commissioner.

Amended by Act 2015, No. 1223,§ 36, eff. 7/22/2015.

Acts 1959, No. 148, § 92; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511.

See Act 2015, No. 1223, § 26.
Ark. Code Ann. § 23-61-306 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-306
Hearing - Order
Status: in_force

(a) In the conduct of any hearing under the Arkansas Insurance Code and making his or her order thereon, the Insurance Commissioner shall act in a quasi-judicial capacity. (b) Within thirty (30) days after termination of the hearing or of any rehearing thereof or reargument thereon, the commissioner shall make his or her order on hearing, covering matters involved in that hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of the hearing and to all parties to the hearing. (c) The order shall contain a concise statement of the facts as found by the commissioner and of his or her conclusions from those facts and the matters required by § 23-61-109 . (d) The order may affirm, modify, or nullify action theretofore taken and may constitute the taking of new action within the scope of the notice of hearing. Acts 1959, No. 148, § 41; 1979, No. 942, § 5; A.S.A. 1947, § 66-2126.

(a) In the conduct of any hearing under the Arkansas Insurance Code and making his or her order thereon, the Insurance Commissioner shall act in a quasi-judicial capacity.

(b) Within thirty (30) days after termination of the hearing or of any rehearing thereof or reargument thereon, the commissioner shall make his or her order on hearing, covering matters involved in that hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of the hearing and to all parties to the hearing.

(c) The order shall contain a concise statement of the facts as found by the commissioner and of his or her conclusions from those facts and the matters required by § 23-61-109 .

(d) The order may affirm, modify, or nullify action theretofore taken and may constitute the taking of new action within the scope of the notice of hearing.

Acts 1959, No. 148, § 41; 1979, No. 942, § 5; A.S.A. 1947, § 66-2126.
Ark. Code Ann. § 23-37-808 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-808
Permissible nondisqualified acquisitions
Status: in_force

A southern region association, a southern region savings and loan holding company, an Arkansas association, or an Arkansas savings and loan holding company may acquire or control, and does not cease to be a southern region association, a southern region savings and loan holding company, an Arkansas association, or Arkansas savings and loan holding company, respectively, by virtue of its acquisition or control of an association or savings and loan holding company other than as expressly permissible under §§ 23-37-806 and 23-37-807 if: (1) Immediately following the consummation of the acquisition, the Arkansas association, Arkansas savings and loan holding company, southern region association, or southern region savings and loan holding company qualifies as such; and (2) The association or savings and loan holding company making the application complies with the approval and notification requirements in §§ 23-37-806 and 23-37-807 . Acts 1987, No. 45, § 7.

A southern region association, a southern region savings and loan holding company, an Arkansas association, or an Arkansas savings and loan holding company may acquire or control, and does not cease to be a southern region association, a southern region savings and loan holding company, an Arkansas association, or Arkansas savings and loan holding company, respectively, by virtue of its acquisition or control of an association or savings and loan holding company other than as expressly permissible under §§ 23-37-806 and 23-37-807 if:

(1) Immediately following the consummation of the acquisition, the Arkansas association, Arkansas savings and loan holding company, southern region association, or southern region savings and loan holding company qualifies as such; and

(2) The association or savings and loan holding company making the application complies with the approval and notification requirements in §§ 23-37-806 and 23-37-807 .

Acts 1987, No. 45, § 7.
Ark. Code Ann. § 23-3-509 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-509
Characteristics of rights granted
Status: in_force

Rights in respect to the crossing of navigable waterways granted pursuant to the provisions of this subchapter shall be perpetual and shall inure to the benefit of the river crossing proprietor, its successors, mortgagees, and assigns. However, this subchapter shall not destroy, impair, repeal, or amend any right of eminent domain or reversion inuring either to the state or the river crossing proprietor under the laws of the State of Arkansas or of the United States. Acts 1961, No. 188, § 8; A.S.A. 1947, § 73-2208.

Rights in respect to the crossing of navigable waterways granted pursuant to the provisions of this subchapter shall be perpetual and shall inure to the benefit of the river crossing proprietor, its successors, mortgagees, and assigns. However, this subchapter shall not destroy, impair, repeal, or amend any right of eminent domain or reversion inuring either to the state or the river crossing proprietor under the laws of the State of Arkansas or of the United States.

Acts 1961, No. 188, § 8; A.S.A. 1947, § 73-2208.
Ark. Code Ann. § 23-79-304 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-304
Construction
Status: in_force

This subchapter shall be deemed cumulative of prior laws. No prior law or part of a law shall be deemed to be in conflict with this subchapter unless failure to so determine would prevent giving effect to an explicit provision of this subchapter. Acts 1987, No. 204, § 9.

This subchapter shall be deemed cumulative of prior laws. No prior law or part of a law shall be deemed to be in conflict with this subchapter unless failure to so determine would prevent giving effect to an explicit provision of this subchapter.

Acts 1987, No. 204, § 9.
Ark. Code Ann. § 23-66-407 — AR Code / Title 23 / Chapter 66 / Subchapter 4 / Section 23-66-407
Private cause of action
Status: in_force

No violation of this subchapter shall be deemed to give rise to a private cause of action. Acts 1993, No. 932, § 7.

No violation of this subchapter shall be deemed to give rise to a private cause of action.

Acts 1993, No. 932, § 7.
Ark. Code Ann. § 23-98-105 — AR Code / Title 23 / Chapter 98 / Section 23-98-105
Issuance of minimum basic benefit policies permitted - Applicability
Status: in_force

Insurers are authorized to issue minimum basic benefit policies pursuant to and in compliance with the provisions of this chapter to qualified individuals, qualified families, qualified trusts, and qualified groups. This chapter shall apply only to those minimum basic benefit policies issued under this chapter and rules issued by the Insurance Commissioner pursuant to the authority of this chapter. Nothing in this chapter shall be deemed to add to, detract from, or in any manner apply to policies, subscription contracts, benefits, or related activities under any other statutory or regulatory authorities. Amended by Act 2019, No. 315,§ 2796, eff. 7/24/2019. Acts 1991, No. 238, § 3.

Insurers are authorized to issue minimum basic benefit policies pursuant to and in compliance with the provisions of this chapter to qualified individuals, qualified families, qualified trusts, and qualified groups. This chapter shall apply only to those minimum basic benefit policies issued under this chapter and rules issued by the Insurance Commissioner pursuant to the authority of this chapter. Nothing in this chapter shall be deemed to add to, detract from, or in any manner apply to policies, subscription contracts, benefits, or related activities under any other statutory or regulatory authorities.

Amended by Act 2019, No. 315,§ 2796, eff. 7/24/2019.

Acts 1991, No. 238, § 3.
Ark. Code Ann. § 23-96-121 — AR Code / Title 23 / Chapter 96 / Section 23-96-121
Reissuance of terminated coverage
Status: in_force

(a) If the Arkansas Life and Health Insurance Guaranty Association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association according to the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the Insurance Commissioner. (b) The association's obligations with respect to coverage under any policy or contract of the impaired insurer or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date the coverage or policy or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee, or the association. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, § 8; 1997, No. 950, § 1.

(a) If the Arkansas Life and Health Insurance Guaranty Association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy or contract, the premium shall be actuarially justified and set by the association according to the amount of insurance or coverage provided and the age and class of risk, subject to prior approval of the Insurance Commissioner.

(b) The association's obligations with respect to coverage under any policy or contract of the impaired insurer or insolvent insurer or under any reissued or alternative policy or contract shall cease on the date the coverage or policy or contract is replaced by another similar policy or contract by the policy or contract owner, the insured, the enrollee, or the association.

Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.

Acts 1989, No. 444, § 8; 1997, No. 950, § 1.
Ark. Code Ann. § 23-91-210 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-210
[Repealed]
Status: repealed

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

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

Acts 1977, No. 368, § 5; A.S.A. 1947, § 66-5405.
Ark. Code Ann. § 23-79-115 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-115
Entitlement notwithstanding policy provisions - Services performed by outpatient centers
Status: in_force

(a) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement for services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient surgery centers under §§ 20-9-214 and 20-9-215 . (2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 6, 1977, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 6, 1977. (b) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement or services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient psychiatric centers under §§ 20-9-214 and 20-9-215 . (2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 20, 1979, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 20, 1979. Acts 1959, No. 148, § 279; 1977, No. 232, § 1; 1979, No. 803, § 1; A.S.A. 1947, § 66-3212; Acts 2001, No. 1604, §§ 93, 94.

(a) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement for services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient surgery centers under §§ 20-9-214 and 20-9-215 . (2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 6, 1977, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 6, 1977.

(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement for services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient surgery centers under §§ 20-9-214 and 20-9-215 .

(2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 6, 1977, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 6, 1977.

(b) (1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement or services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient psychiatric centers under §§ 20-9-214 and 20-9-215 . (2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 20, 1979, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 20, 1979.

(1) Notwithstanding any provisions of any individual or group accident and health insurance policy, or any provision of a policy, contract, plan, or agreement covering hospital or medical services, in cases in which the policy, contract, plan, or agreement provides for payment or reimbursement for any healthcare service provided by hospitals or related facilities as defined in § 20-9-201 or § 20-10-213 , the person entitled to payment or reimbursement or services under the policy, contract, plan, or agreement is entitled to payment or reimbursement on an equal basis for the service when the service is provided by facilities licensed as outpatient psychiatric centers under §§ 20-9-214 and 20-9-215 .

(2) This subsection applies to insurance policies and hospital service corporation contracts that are delivered or issued for delivery in this state more than one hundred twenty (120) days after July 20, 1979, and to such other contracts, plans, or agreements that are entered into or effectuated in this state more than one hundred twenty (120) days after July 20, 1979.

Acts 1959, No. 148, § 279; 1977, No. 232, § 1; 1979, No. 803, § 1; A.S.A. 1947, § 66-3212; Acts 2001, No. 1604, §§ 93, 94.
Ark. Code Ann. § 23-64-205 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-205
Written examination
Status: in_force

(a) Within a reasonable time and in a location to be determined by the Insurance Commissioner, after filing of application and payment of the applicable fees, the commissioner shall subject each applicant for license as an insurance consultant to a written examination. (b) If the applicant is a firm, limited liability company, or corporation, the examination shall be taken by each individual who is to be named in the license as having authority to act for the applicant in its insurance transactions under the license. (c) Examination of an applicant for an insurance consultant's license shall cover the kinds of insurance as to which the applicant is to be licensed. (d) (1) The commissioner may give, conduct, and grade all examinations, or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (2) Any written examination may be substituted by an oral examination of the applicant if so deemed necessary under any applicable statute, including, but not limited to, the Americans with Disabilities Act. (3) The commissioner shall require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt. Acts 1959, No. 148, § 157; 1967, No. 33, § 2; 1979, No. 942, § 22; 1983, No. 433, § 1; 1983, No. 823, § 1; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2814, 66-2838; Acts 1987, No. 622, §§ 5, 6; 1991, No. 1123, § 21; 1993, No. 901, § 22; 1997, No. 1004, § 1; 1999, No. 657, § 3; 1999, No. 943, § 1; 2001, No. 580, § 9.

(a) Within a reasonable time and in a location to be determined by the Insurance Commissioner, after filing of application and payment of the applicable fees, the commissioner shall subject each applicant for license as an insurance consultant to a written examination.

(b) If the applicant is a firm, limited liability company, or corporation, the examination shall be taken by each individual who is to be named in the license as having authority to act for the applicant in its insurance transactions under the license.

(c) Examination of an applicant for an insurance consultant's license shall cover the kinds of insurance as to which the applicant is to be licensed.

(d) (1) The commissioner may give, conduct, and grade all examinations, or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined. (2) Any written examination may be substituted by an oral examination of the applicant if so deemed necessary under any applicable statute, including, but not limited to, the Americans with Disabilities Act. (3) The commissioner shall require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt.

(1) The commissioner may give, conduct, and grade all examinations, or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined.

(2) Any written examination may be substituted by an oral examination of the applicant if so deemed necessary under any applicable statute, including, but not limited to, the Americans with Disabilities Act.

(3) The commissioner shall require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt.

Acts 1959, No. 148, § 157; 1967, No. 33, § 2; 1979, No. 942, § 22; 1983, No. 433, § 1; 1983, No. 823, § 1; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2814, 66-2838; Acts 1987, No. 622, §§ 5, 6; 1991, No. 1123, § 21; 1993, No. 901, § 22; 1997, No. 1004, § 1; 1999, No. 657, § 3; 1999, No. 943, § 1; 2001, No. 580, § 9.
Ark. Code Ann. § 23-89-508 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-508
Rules
Status: in_force

The Director of the Division of Labor is authorized to adopt appropriate rules to carry out the intent and purposes of this subchapter and to assure its efficient and effective enforcement. Amended by Act 2019, No. 315,§ 2766, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5513, eff. 7/1/2019. Acts 1983, No. 837, § 7; A.S.A. 1947, § 66-5907; Acts 1995, No. 631, § 6.

The Director of the Division of Labor is authorized to adopt appropriate rules to carry out the intent and purposes of this subchapter and to assure its efficient and effective enforcement.

Amended by Act 2019, No. 315,§ 2766, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5513, eff. 7/1/2019.

Acts 1983, No. 837, § 7; A.S.A. 1947, § 66-5907; Acts 1995, No. 631, § 6.
Ark. Code Ann. § 23-81-706 — AR Code / Title 23 / Chapter 81 / Subchapter 7 / Section 23-81-706
Procedure for approval of transfers
Status: in_force

(a) An application under this subchapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought: (1) In the county in which: (A) The payee resides; or (B) The structured settlement obligor or the annuity issuer maintains its principal place of business; or (2) In any court or before any responsible administrative authority which approved the structured settlement agreement. (b) Not less than twenty (20) days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under § 23-81-704 , the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice: (1) A copy of the transferee's application; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under § 23-81-703 ; (4) A listing of each of the payee's dependents and each dependent's age; (5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and (6) (A) Notification of: (i) The time and place of the hearing; and (ii) The manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority. (B) The time by which written responses to the application must be filed shall be not less than twenty (20) days after service of the transferee's notice. Acts 2005, No. 2215, § 1.

(a) An application under this subchapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought: (1) In the county in which: (A) The payee resides; or (B) The structured settlement obligor or the annuity issuer maintains its principal place of business; or (2) In any court or before any responsible administrative authority which approved the structured settlement agreement.

(1) In the county in which: (A) The payee resides; or (B) The structured settlement obligor or the annuity issuer maintains its principal place of business; or

(A) The payee resides; or

(B) The structured settlement obligor or the annuity issuer maintains its principal place of business; or

(2) In any court or before any responsible administrative authority which approved the structured settlement agreement.

(b) Not less than twenty (20) days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under § 23-81-704 , the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including with the notice: (1) A copy of the transferee's application; (2) A copy of the transfer agreement; (3) A copy of the disclosure statement required under § 23-81-703 ; (4) A listing of each of the payee's dependents and each dependent's age; (5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and (6) (A) Notification of: (i) The time and place of the hearing; and (ii) The manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority. (B) The time by which written responses to the application must be filed shall be not less than twenty (20) days after service of the transferee's notice.

(1) A copy of the transferee's application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required under § 23-81-703 ;

(4) A listing of each of the payee's dependents and each dependent's age;

(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(6) (A) Notification of: (i) The time and place of the hearing; and (ii) The manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority. (B) The time by which written responses to the application must be filed shall be not less than twenty (20) days after service of the transferee's notice.

(A) Notification of: (i) The time and place of the hearing; and (ii) The manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority.

(i) The time and place of the hearing; and

(ii) The manner in which and the time by which written responses to the application must be filed in order to be considered by the court or responsible administrative authority.

(B) The time by which written responses to the application must be filed shall be not less than twenty (20) days after service of the transferee's notice.

Acts 2005, No. 2215, § 1.
Ark. Code Ann. § 23-55-901 — AR Code / Title 23 / Chapter 55 / Section 23-55-901
Administrative proceedings
Status: in_force

All administrative proceedings under this chapter must be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 2007, No. 1595, § 1.

All administrative proceedings under this chapter must be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-48-319 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-319
Stockholder meetings - Notice of annual meeting
Status: in_force

(a) Not less than ten (10) days' written notice of an annual meeting shall be given to each stockholder, other than stockholders who waive notice in writing, which notice shall be mailed by first-class mail, postage prepaid, and directed to the stockholder at his or her address shown on the stock records of the state bank. (b) (1) However, if it is proposed at an annual meeting to approve an amendment to the articles of incorporation, or to approve a merger, consolidation, conversion, corporate dissolution, or reorganization through a plan of exchange, the annual meeting will be regarded, so far as these special matters are concerned, as a special meeting. (2) It shall not be lawful to submit the special matters at an annual meeting unless, in respect to the special matters, there shall have been a call of the meeting and written notice given all as required in § 23-48-318 concerning special meetings. Acts 1997, No. 89, § 1.

(a) Not less than ten (10) days' written notice of an annual meeting shall be given to each stockholder, other than stockholders who waive notice in writing, which notice shall be mailed by first-class mail, postage prepaid, and directed to the stockholder at his or her address shown on the stock records of the state bank.

(b) (1) However, if it is proposed at an annual meeting to approve an amendment to the articles of incorporation, or to approve a merger, consolidation, conversion, corporate dissolution, or reorganization through a plan of exchange, the annual meeting will be regarded, so far as these special matters are concerned, as a special meeting. (2) It shall not be lawful to submit the special matters at an annual meeting unless, in respect to the special matters, there shall have been a call of the meeting and written notice given all as required in § 23-48-318 concerning special meetings.

(1) However, if it is proposed at an annual meeting to approve an amendment to the articles of incorporation, or to approve a merger, consolidation, conversion, corporate dissolution, or reorganization through a plan of exchange, the annual meeting will be regarded, so far as these special matters are concerned, as a special meeting.

(2) It shall not be lawful to submit the special matters at an annual meeting unless, in respect to the special matters, there shall have been a call of the meeting and written notice given all as required in § 23-48-318 concerning special meetings.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-99-416 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-416
Application of subchapter
Status: in_force

This subchapter applies to all health benefit plans issued, renewed, extended, or modified on or after August 1, 1997. "Renewed, extended, or modified" shall include all health benefit plans in which the insurer has reserved the right to change the premium. Acts 1997, No. 1196, § 16.

This subchapter applies to all health benefit plans issued, renewed, extended, or modified on or after August 1, 1997. "Renewed, extended, or modified" shall include all health benefit plans in which the insurer has reserved the right to change the premium.

Acts 1997, No. 1196, § 16.
Ark. Code Ann. § 23-99-1205 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1205
Contracting process
Status: in_force

(a) (1) A material amendment to a healthcare contract is allowed if a contracting entity provides to a participating healthcare provider the material amendment at least ninety (90) days before the effective date of the material amendment and in writing. (2) The notice required under subdivision (a)(1) of this section shall specify the precise healthcare contract or healthcare contracts to which the material amendment applies and be conspicuously labeled as follows: "Notice of Material Amendment to Healthcare Contract". (3) The notice shall contain sufficient information about the amendment to allow a healthcare provider to assess the financial impact, if any, of the amendment. (b) A notice described under subdivision (a)(1) of this section is not required for a material amendment resulting solely from a change in a fee schedule or code set if: (1) The fee schedule or code set is published by the United States Government or another third party; and (2) The terms of the healthcare contract expressly state that the healthcare provider's compensation or claims submission is based on the fee schedule or code set. (c) (1) Within ten (10) business days of a healthcare provider's request, a contracting entity shall provide to the healthcare provider a full and complete copy of each healthcare contract between the contracting entity and the healthcare provider. (2) A full and complete copy of the healthcare contract shall include any amendments to the healthcare contract. (d) (1) (A) A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years. (B) Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms. (2) This section does not prohibit a renegotiation of a healthcare contract at any time during the term of the healthcare contract. (e) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) (1) A material amendment to a healthcare contract is allowed if a contracting entity provides to a participating healthcare provider the material amendment at least ninety (90) days before the effective date of the material amendment and in writing. (2) The notice required under subdivision (a)(1) of this section shall specify the precise healthcare contract or healthcare contracts to which the material amendment applies and be conspicuously labeled as follows: "Notice of Material Amendment to Healthcare Contract". (3) The notice shall contain sufficient information about the amendment to allow a healthcare provider to assess the financial impact, if any, of the amendment.

(1) A material amendment to a healthcare contract is allowed if a contracting entity provides to a participating healthcare provider the material amendment at least ninety (90) days before the effective date of the material amendment and in writing.

(2) The notice required under subdivision (a)(1) of this section shall specify the precise healthcare contract or healthcare contracts to which the material amendment applies and be conspicuously labeled as follows: "Notice of Material Amendment to Healthcare Contract".

"Notice of Material Amendment to Healthcare Contract".

(3) The notice shall contain sufficient information about the amendment to allow a healthcare provider to assess the financial impact, if any, of the amendment.

(b) A notice described under subdivision (a)(1) of this section is not required for a material amendment resulting solely from a change in a fee schedule or code set if: (1) The fee schedule or code set is published by the United States Government or another third party; and (2) The terms of the healthcare contract expressly state that the healthcare provider's compensation or claims submission is based on the fee schedule or code set.

(1) The fee schedule or code set is published by the United States Government or another third party; and

(2) The terms of the healthcare contract expressly state that the healthcare provider's compensation or claims submission is based on the fee schedule or code set.

(c) (1) Within ten (10) business days of a healthcare provider's request, a contracting entity shall provide to the healthcare provider a full and complete copy of each healthcare contract between the contracting entity and the healthcare provider. (2) A full and complete copy of the healthcare contract shall include any amendments to the healthcare contract.

(1) Within ten (10) business days of a healthcare provider's request, a contracting entity shall provide to the healthcare provider a full and complete copy of each healthcare contract between the contracting entity and the healthcare provider.

(2) A full and complete copy of the healthcare contract shall include any amendments to the healthcare contract.

(d) (1) (A) A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years. (B) Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms. (2) This section does not prohibit a renegotiation of a healthcare contract at any time during the term of the healthcare contract.

(1) (A) A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years. (B) Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms.

(A) A healthcare contract shall open for renegotiation and revision at least one (1) time every three (3) years.

(B) Under subdivision (d)(1)(A) of this section, a party to the healthcare contract is not required to terminate the healthcare contract in order to open the healthcare contract for renegotiation of the terms.

(2) This section does not prohibit a renegotiation of a healthcare contract at any time during the term of the healthcare contract.

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

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

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

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

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

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-79-2304 — AR Code / Title 23 / Chapter 79 / Subchapter 23 / Section 23-79-2304
Rules
Status: in_force

(a) The Insurance Commissioner shall promulgate rules necessary to carry out this subchapter. (b) The rules promulgated under this section shall require a healthcare insurer and the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences to submit to the commissioner plan-specific information related to savings and accountability to document how enrollees are realizing a cost savings under each plan. Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.

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

(b) The rules promulgated under this section shall require a healthcare insurer and the Director of the Evidence-Based Prescription Drug Program of the College of Pharmacy of the University of Arkansas for Medical Sciences to submit to the commissioner plan-specific information related to savings and accountability to document how enrollees are realizing a cost savings under each plan.

Added by Act 2021, No. 965,§ 2, eff. 7/28/2021.
Ark. Code Ann. § 23-48-1002 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1002
Amended certificate of authority
Status: in_force

(a) A registered out-of-state bank shall apply for an amended certificate of authority from the Bank Commissioner if it changes: (1) The name of the bank; (2) The period of its duration; or (3) The state or country under which it is chartered. (b) The requirements of § 23-48-1001 for applying for an original certificate of authority shall also apply to applications for obtaining an amended certificate of authority hereunder. Acts 1997, No. 408, § 20.

(a) A registered out-of-state bank shall apply for an amended certificate of authority from the Bank Commissioner if it changes: (1) The name of the bank; (2) The period of its duration; or (3) The state or country under which it is chartered.

(1) The name of the bank;

(2) The period of its duration; or

(3) The state or country under which it is chartered.

(b) The requirements of § 23-48-1001 for applying for an original certificate of authority shall also apply to applications for obtaining an amended certificate of authority hereunder.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-112-705 — AR Code / Title 23 / Chapter 112 / Subchapter 7 / Section 23-112-705
Disclosure of damage to consumer - Certification
Status: in_force

(a) Prior to the sale of any motor vehicle damaged prior to delivery to the dealer as described in § 23-112-702 , excluding damage to glass, tires, and bumpers when replaced by identical manufacturer's original equipment, and any damage not exceeding six percent (6%) of the sticker price of the vehicle, the occurrence and extent of such damage must be disclosed by the dealer to the consumer, and, upon repair of the damage sustained, or replacement of the parts or accessories damaged, the manufacturer or dealer must certify to the consumer that the motor vehicle has been repaired or remanufactured to the manufacturer's standards. (b) (1) If the dealer makes the certification, the dealer shall be indemnified by the manufacturer. (2) Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the manufacturer. Acts 1991, No. 952, § 5.

(a) Prior to the sale of any motor vehicle damaged prior to delivery to the dealer as described in § 23-112-702 , excluding damage to glass, tires, and bumpers when replaced by identical manufacturer's original equipment, and any damage not exceeding six percent (6%) of the sticker price of the vehicle, the occurrence and extent of such damage must be disclosed by the dealer to the consumer, and, upon repair of the damage sustained, or replacement of the parts or accessories damaged, the manufacturer or dealer must certify to the consumer that the motor vehicle has been repaired or remanufactured to the manufacturer's standards.

(b) (1) If the dealer makes the certification, the dealer shall be indemnified by the manufacturer. (2) Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the manufacturer.

(1) If the dealer makes the certification, the dealer shall be indemnified by the manufacturer.

(2) Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the manufacturer.

Acts 1991, No. 952, § 5.
Ark. Code Ann. § 23-72-101 — AR Code / Title 23 / Chapter 72 / Section 23-72-101
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Level or stipulated rate assessment" insurers are those incorporated mutual insurers granting insurance benefits on the assessment plan and which collected from their membership a level or stipulated monthly, quarterly, semiannual, or annual assessment or premium, which assessment or premium is not made contingent upon the happening of a certain event, but is based upon stated periodical rates and charges estimated to be sufficient for the payment of all claims and expenses; and (2) "Pro rata assessment" insurers are incorporated mutual insurers which operate on the plan of calling assessments to pay benefits promised when the contingency insured against arises and which place their membership in groups or circles for the purpose of assessment and collection of dues. Acts 1959, No. 148, §§ 558, 559; A.S.A. 1947, §§ 66-4503, 66-4504.

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

(1) "Level or stipulated rate assessment" insurers are those incorporated mutual insurers granting insurance benefits on the assessment plan and which collected from their membership a level or stipulated monthly, quarterly, semiannual, or annual assessment or premium, which assessment or premium is not made contingent upon the happening of a certain event, but is based upon stated periodical rates and charges estimated to be sufficient for the payment of all claims and expenses; and

(2) "Pro rata assessment" insurers are incorporated mutual insurers which operate on the plan of calling assessments to pay benefits promised when the contingency insured against arises and which place their membership in groups or circles for the purpose of assessment and collection of dues.

Acts 1959, No. 148, §§ 558, 559; A.S.A. 1947, §§ 66-4503, 66-4504.
Ark. Code Ann. § 23-12-301 — AR Code / Title 23 / Chapter 12 / Subchapter 3 / Section 23-12-301
Railroad crossings to be under supervision of commission
Status: in_force

The State Highway Commission shall have exclusive power to: (1) Determine and prescribe the manner, including the particular point, of crossing and the terms of installation, operation, maintenance, apportionment of expenses, use, and protection of each crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as applicable; (2) Alter or abolish any such crossing; and (3) Require, where, in its judgment, it would be practical, a separation of grades of any such crossing and prescribe the terms upon which the separation shall be made and the proportions in which the expense of the alteration or abolition of the crossings or the separation of the grades shall be divided between the railroad or street railroad corporations affected or between the corporations and the state, county, municipality, or other public authority in interest. Acts 1919, No. 571, § 9; C. & M. Dig., § 1643; Pope's Dig., § 1964; A.S.A. 1947, § 73-121; Acts 1993, No. 399, § 2.

The State Highway Commission shall have exclusive power to:

(1) Determine and prescribe the manner, including the particular point, of crossing and the terms of installation, operation, maintenance, apportionment of expenses, use, and protection of each crossing of one (1) railroad by another railroad or street railroad by a railroad, so far as applicable;

(2) Alter or abolish any such crossing; and

(3) Require, where, in its judgment, it would be practical, a separation of grades of any such crossing and prescribe the terms upon which the separation shall be made and the proportions in which the expense of the alteration or abolition of the crossings or the separation of the grades shall be divided between the railroad or street railroad corporations affected or between the corporations and the state, county, municipality, or other public authority in interest.

Acts 1919, No. 571, § 9; C. & M. Dig., § 1643; Pope's Dig., § 1964; A.S.A. 1947, § 73-121; Acts 1993, No. 399, § 2.
Ark. Code Ann. § 23-17-208 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-208
Cooperative names
Status: in_force

The words "telecommunications cooperative" or "telephone cooperative" shall not be used in the corporate names of corporations organized under the laws of this state or authorized to do business herein, other than cooperatives organized pursuant to the provisions of this subchapter. Acts 1951, No. 51, § 7; A.S.A. 1947, § 77-1607; Acts 1989, No. 437, § 7.

The words "telecommunications cooperative" or "telephone cooperative" shall not be used in the corporate names of corporations organized under the laws of this state or authorized to do business herein, other than cooperatives organized pursuant to the provisions of this subchapter.

Acts 1951, No. 51, § 7; A.S.A. 1947, § 77-1607; Acts 1989, No. 437, § 7.
Ark. Code Ann. § 23-36-112 — AR Code / Title 23 / Chapter 36 / Section 23-36-112
Late charge for default in payment
Status: in_force

Industrial loan institutions are authorized under this chapter to impose a late charge of five cents (5¢) for each default of the payment of one dollar ($1.00), or a fraction thereof, at the time any periodical installment upon a certificate assigned as collateral security for the payment of a loan, under § 23-36-108 , after payment becomes due. The late charges shall not be cumulative. Acts 1941, No. 111, § 12; A.S.A. 1947, § 67-1012.

Industrial loan institutions are authorized under this chapter to impose a late charge of five cents (5¢) for each default of the payment of one dollar ($1.00), or a fraction thereof, at the time any periodical installment upon a certificate assigned as collateral security for the payment of a loan, under § 23-36-108 , after payment becomes due. The late charges shall not be cumulative.

Acts 1941, No. 111, § 12; A.S.A. 1947, § 67-1012.
Ark. Code Ann. § 23-63-2007 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2007
Third-party consultants
Status: in_force

(a) The Insurance Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff, as may be reasonably necessary to assist the commissioner in reviewing the corporate governance annual disclosure and related information or the insurer's compliance with this subchapter. (b) A person retained under subsection (a) of this section shall be under the direction and control of the commissioner and shall act in a purely advisory capacity. (c) The National Association of Insurance Commissioners and third-party consultants shall be subject to the same confidentiality standards and requirements as the commissioner. (d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it: (1) Is free of a conflict of interest; (2) Has internal procedures in place to monitor compliance with a conflict of interest; and (3) Shall comply with the confidentiality standards and requirements of this subchapter. (e) A written agreement with the National Association of Insurance Commissioners or a third-party consultant governing sharing and use of information provided under this subchapter shall contain the following provisions and require the written consent of the insurer before making public any information provided under this subchapter: (1) Specific procedures and protocols for maintaining the confidentiality and security of corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter; (2) (A) Procedures and protocols for sharing by the National Association of Insurance Commissioners only with other state regulators from states in which the insurance group has domiciled insurers. (B) The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, materials, or other information and has verified in writing the legal authority to maintain confidentiality; (3) A provision specifying that ownership of the corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant remains with the State Insurance Department and that the National Association of Insurance Commissioners' or third-party consultant's use of the information is subject to the direction of the commissioner; (4) A provision that prohibits the National Association of Insurance Commissioners or the third-party consultant from storing the information shared under this subchapter in a permanent database after the underlying analysis is complete; (5) A provision requiring the National Association of Insurance Commissioners or the third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's corporate governance annual disclosure-related information; and (6) A requirement that the National Association of Insurance Commissioners or the third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the third-party consultant may be required to disclose confidential information about the insurer that has been shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) The Insurance Commissioner may retain, at the insurer's expense, third-party consultants, including attorneys, actuaries, accountants, and other experts not otherwise a part of the commissioner's staff, as may be reasonably necessary to assist the commissioner in reviewing the corporate governance annual disclosure and related information or the insurer's compliance with this subchapter.

(b) A person retained under subsection (a) of this section shall be under the direction and control of the commissioner and shall act in a purely advisory capacity.

(c) The National Association of Insurance Commissioners and third-party consultants shall be subject to the same confidentiality standards and requirements as the commissioner.

(d) As part of the retention process, a third-party consultant shall verify to the commissioner, with notice to the insurer, that it: (1) Is free of a conflict of interest; (2) Has internal procedures in place to monitor compliance with a conflict of interest; and (3) Shall comply with the confidentiality standards and requirements of this subchapter.

(1) Is free of a conflict of interest;

(2) Has internal procedures in place to monitor compliance with a conflict of interest; and

(3) Shall comply with the confidentiality standards and requirements of this subchapter.

(e) A written agreement with the National Association of Insurance Commissioners or a third-party consultant governing sharing and use of information provided under this subchapter shall contain the following provisions and require the written consent of the insurer before making public any information provided under this subchapter: (1) Specific procedures and protocols for maintaining the confidentiality and security of corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter; (2) (A) Procedures and protocols for sharing by the National Association of Insurance Commissioners only with other state regulators from states in which the insurance group has domiciled insurers. (B) The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, materials, or other information and has verified in writing the legal authority to maintain confidentiality; (3) A provision specifying that ownership of the corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant remains with the State Insurance Department and that the National Association of Insurance Commissioners' or third-party consultant's use of the information is subject to the direction of the commissioner; (4) A provision that prohibits the National Association of Insurance Commissioners or the third-party consultant from storing the information shared under this subchapter in a permanent database after the underlying analysis is complete; (5) A provision requiring the National Association of Insurance Commissioners or the third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's corporate governance annual disclosure-related information; and (6) A requirement that the National Association of Insurance Commissioners or the third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the third-party consultant may be required to disclose confidential information about the insurer that has been shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter.

(1) Specific procedures and protocols for maintaining the confidentiality and security of corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter;

(2) (A) Procedures and protocols for sharing by the National Association of Insurance Commissioners only with other state regulators from states in which the insurance group has domiciled insurers. (B) The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, materials, or other information and has verified in writing the legal authority to maintain confidentiality;

(A) Procedures and protocols for sharing by the National Association of Insurance Commissioners only with other state regulators from states in which the insurance group has domiciled insurers.

(B) The agreement shall provide that the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, materials, or other information and has verified in writing the legal authority to maintain confidentiality;

(3) A provision specifying that ownership of the corporate governance annual disclosure-related information shared with the National Association of Insurance Commissioners or the third-party consultant remains with the State Insurance Department and that the National Association of Insurance Commissioners' or third-party consultant's use of the information is subject to the direction of the commissioner;

(4) A provision that prohibits the National Association of Insurance Commissioners or the third-party consultant from storing the information shared under this subchapter in a permanent database after the underlying analysis is complete;

(5) A provision requiring the National Association of Insurance Commissioners or the third-party consultant to provide prompt notice to the commissioner and to the insurer or insurance group regarding any subpoena, request for disclosure, or request for production of the insurer's corporate governance annual disclosure-related information; and

(6) A requirement that the National Association of Insurance Commissioners or the third-party consultant consent to intervention by an insurer in any judicial or administrative action in which the National Association of Insurance Commissioners or the third-party consultant may be required to disclose confidential information about the insurer that has been shared with the National Association of Insurance Commissioners or the third-party consultant under this subchapter.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-11-402 — AR Code / Title 23 / Chapter 11 / Subchapter 4 / Section 23-11-402
Purchase or lease of state roads - Exception
Status: in_force

Subject to approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that action will be in the public interest, any railroad corporation existing under the laws of any other state or territory may buy, lease, or otherwise acquire any railroad, the whole or part of which is in this state, with all the rights, privileges, and franchises thereto pertaining, or buy the stock and bonds, or guarantee the bonds of any railroad corporation incorporated or organized under the laws of this state whenever the roads of such companies shall form in the operation thereof a continuous line or lines. However, the road so purchased shall not be parallel or competing with the purchasing road. Amended by Act 2019, No. 315,§ 2410, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 168, eff. 8/1/2017. Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8509; Pope's Dig., § 11085; Acts 1959, No. 30, § 22; A.S.A. 1947, § 73-423.

Subject to approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that action will be in the public interest, any railroad corporation existing under the laws of any other state or territory may buy, lease, or otherwise acquire any railroad, the whole or part of which is in this state, with all the rights, privileges, and franchises thereto pertaining, or buy the stock and bonds, or guarantee the bonds of any railroad corporation incorporated or organized under the laws of this state whenever the roads of such companies shall form in the operation thereof a continuous line or lines. However, the road so purchased shall not be parallel or competing with the purchasing road.

Amended by Act 2019, No. 315,§ 2410, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 168, eff. 8/1/2017.

Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8509; Pope's Dig., § 11085; Acts 1959, No. 30, § 22; A.S.A. 1947, § 73-423.
Ark. Code Ann. § 23-86-512 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-512
Health insurance purchasing group health carrier market
Status: in_force

No health insurance purchasing group health carrier shall be required to offer health insurance purchasing group health benefits plans or health benefits plans not subject to state-mandated health benefits to nonhealth insurance purchasing group organizations, associations, or employer groups, including, but not limited to, the small employer health insurance group marketplace in this state. Acts 2001, No. 925, § 12.

No health insurance purchasing group health carrier shall be required to offer health insurance purchasing group health benefits plans or health benefits plans not subject to state-mandated health benefits to nonhealth insurance purchasing group organizations, associations, or employer groups, including, but not limited to, the small employer health insurance group marketplace in this state.

Acts 2001, No. 925, § 12.
Ark. Code Ann. § 23-64-501 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-501
Title - Purpose - Scope
Status: in_force

(a) This subchapter shall be known and may be cited as the "Producer Licensing Model Act". (b) This subchapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency, permits the use of new technology, and reduces costs associated with issuing and renewing insurance licenses. (c) This subchapter does not apply to excess and surplus lines agents and brokers licensed pursuant to the Surplus Lines Insurance Law, § 23-65-301 et seq., except as provided in §§ 23-64-508 and 23-64-516(b) . Acts 2001, No. 580, § 1.

(a) This subchapter shall be known and may be cited as the "Producer Licensing Model Act".

(b) This subchapter governs the qualifications and procedures for the licensing of insurance producers. It simplifies and organizes some statutory language to improve efficiency, permits the use of new technology, and reduces costs associated with issuing and renewing insurance licenses.

(c) This subchapter does not apply to excess and surplus lines agents and brokers licensed pursuant to the Surplus Lines Insurance Law, § 23-65-301 et seq., except as provided in §§ 23-64-508 and 23-64-516(b) .

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-51-120 — AR Code / Title 23 / Chapter 51 / Section 23-51-120
Conversion to public trust company
Status: in_force

(a) A private trust company may terminate its status as a private trust company and commence transacting business with the general public. A private trust company desiring to commence transacting business with the general public shall file a notice on a form prescribed by the Bank Commissioner, which shall set forth the name of the private trust company and an acknowledgment that any exemption granted or otherwise applicable to the private trust company pursuant to § 23-51-118 shall cease to apply on the effective date of the notice, furnish a copy of the resolution adopted by the board authorizing the private trust company to commence transacting business with the general public, and pay the filing fee, if any, prescribed by the commissioner. (b) The notificant may commence transacting business with the general public thirty (30) days after the date the commissioner receives the notice, unless the commissioner specifies another date. (c) The thirty-day period of review may be extended by the commissioner on determination that the written notice raises issues that require additional information or additional time for analysis. If the period for review is extended, the notificant may commence transacting business with the public only on prior written approval by the commissioner. (d) The commissioner may deny approval of the notice of the private trust company to commence transacting business with the general public if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed transacting of business of the general public would be contrary to the public interest or if the commissioner determines that the notificant will not within a reasonable period be in compliance with any provision of this chapter from which the notificant had been previously exempted pursuant to § 23-51-118 . Acts 1997, No. 940, § 20.

(a) A private trust company may terminate its status as a private trust company and commence transacting business with the general public. A private trust company desiring to commence transacting business with the general public shall file a notice on a form prescribed by the Bank Commissioner, which shall set forth the name of the private trust company and an acknowledgment that any exemption granted or otherwise applicable to the private trust company pursuant to § 23-51-118 shall cease to apply on the effective date of the notice, furnish a copy of the resolution adopted by the board authorizing the private trust company to commence transacting business with the general public, and pay the filing fee, if any, prescribed by the commissioner.

(b) The notificant may commence transacting business with the general public thirty (30) days after the date the commissioner receives the notice, unless the commissioner specifies another date.

(c) The thirty-day period of review may be extended by the commissioner on determination that the written notice raises issues that require additional information or additional time for analysis. If the period for review is extended, the notificant may commence transacting business with the public only on prior written approval by the commissioner.

(d) The commissioner may deny approval of the notice of the private trust company to commence transacting business with the general public if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed transacting of business of the general public would be contrary to the public interest or if the commissioner determines that the notificant will not within a reasonable period be in compliance with any provision of this chapter from which the notificant had been previously exempted pursuant to § 23-51-118 .

Acts 1997, No. 940, § 20.
Ark. Code Ann. § 23-4-412 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-412
Issuance of commission order - Rates to be collected
Status: in_force

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421 , no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those rates set in the order of the commission, and those rates shall be effective throughout any rehearing and judicial review proceedings permitted and prescribed in §§ 23-2-422 - 23-2-424 . 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, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

Notwithstanding any other provisions of this act, upon issuance of the findings and order of the Arkansas Public Service Commission as prescribed in § 23-2-421 , no public utility subject to the order shall continue to collect any rates theretofore permitted to be collected under bond. The public utility shall be permitted to collect only those rates set in the order of the commission, and those rates shall be effective throughout any rehearing and judicial review proceedings permitted and prescribed in §§ 23-2-422 - 23-2-424 .

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, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-93-101 — AR Code / Title 23 / Chapter 93 / Subchapter 1 / Section 23-93-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Continuing Care Provider Regulation Act". Acts 1987, No. 329, § 1.

This subchapter shall be known and may be cited as the "Continuing Care Provider Regulation Act".

Acts 1987, No. 329, § 1.
Ark. Code Ann. § 23-60-105 — AR Code / Title 23 / Chapter 60 / Section 23-60-105
Particular provisions prevail
Status: in_force

Provisions of the Arkansas Insurance Code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matters in general. Acts 1959, No. 148, § 13; A.S.A. 1947, § 66-2013.

Provisions of the Arkansas Insurance Code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matters in general.

Acts 1959, No. 148, § 13; A.S.A. 1947, § 66-2013.
Ark. Code Ann. § 23-18-602 — AR Code / Title 23 / Chapter 18 / Subchapter 6 / Section 23-18-602
Legislative findings and declarations
Status: in_force

The General Assembly finds that: (1) Arkansas has an established process for the billing option that enables customer-owned net-metering facilities to offset part or all of a net-metering customer's electric consumption; (2) This billing option should continue subject to certain modifications for the benefit and rate protection of all electric utility customers in Arkansas; and (3) It is in Arkansas's long-term interest to adopt the modifications set forth in this subchapter. Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023. Acts 2001, No. 1781, § 2.

The General Assembly finds that:

(1) Arkansas has an established process for the billing option that enables customer-owned net-metering facilities to offset part or all of a net-metering customer's electric consumption;

(2) This billing option should continue subject to certain modifications for the benefit and rate protection of all electric utility customers in Arkansas; and

(3) It is in Arkansas's long-term interest to adopt the modifications set forth in this subchapter.

Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.

Acts 2001, No. 1781, § 2.
Ark. Code Ann. § 23-79-163 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-163
Excepted benefits
Status: in_force

Excepted benefits are not subject to the requirements of this subchapter regarding coverage of a specific person, provider, treatment, service, condition, or disease unless that coverage is required by law. Added by Act 2019, No. 521,§ 23, eff. 7/24/2019.

Excepted benefits are not subject to the requirements of this subchapter regarding coverage of a specific person, provider, treatment, service, condition, or disease unless that coverage is required by law.

Added by Act 2019, No. 521,§ 23, eff. 7/24/2019.
Ark. Code Ann. § 23-44-104 — AR Code / Title 23 / Chapter 44 / Section 23-44-104
Recovery of advances under contract
Status: in_force

Any broker, agent, or any other person making advances to, or for account of, any party to any contract falling within and satisfying the provisions of § 23-44-103 shall be entitled to recover the amount of the advances from the party to, or for the account of, whom the advances were made. Acts 1929, No. 208, § 3; Pope's Dig., § 3344; A.S.A. 1947, § 68-1003.

Any broker, agent, or any other person making advances to, or for account of, any party to any contract falling within and satisfying the provisions of § 23-44-103 shall be entitled to recover the amount of the advances from the party to, or for the account of, whom the advances were made.

Acts 1929, No. 208, § 3; Pope's Dig., § 3344; A.S.A. 1947, § 68-1003.
Ark. Code Ann. § 23-69-503 — AR Code / Title 23 / Chapter 69 / Subchapter 5 / Section 23-69-503
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliate" means an affiliate as that term is defined in § 23-63-503 ; (2) "Applicant" means a transferring insurer or reinsurer that submits an application under § 23-69-506 ; (3) (A) "Assuming insurer" means an insurer domiciled in this state that assumes or seeks to assume policies from a transferring insurer under this subchapter. (B) "Assuming insurer" may include a company established under § 23-63-1601 et seq.; (4) "Implementation order" means an order issued by the Pulaski County Circuit Court under § 23-69-509 ; (5) "Independent expert" means an impartial person who: (A) Does not have a financial interest in either the transferring insurer or the assuming insurer; (B) Has not been employed by or acted as an officer, director, consultant, or other independent contractor for either the transferring insurer or the assuming insurer within the past twelve (12) months; (C) Has not been appointed by the Insurance Commissioner to assist in any capacity in any proceeding; (D) Has not received any compensation in connection with an insurance business transfer under this subchapter other than a fee based on a fixed or hourly basis that is not contingent on the approval or consummation of the insurance business transfer; and (E) Has proof of insurance coverage that is satisfactory to the commissioner; (6) (A) "Insurance business transfer" means a transfer of insurance obligations or risks, or both, of existing or in-force contracts of insurance or reinsurance from a transferring insurer to an assuming insurer. (B) Once approved, the insurance business transfer shall effect a transfer and novation of the transferred contracts of insurance or reinsurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks, or both, under the contracts, are extinguished; (7) "Insurance business transfer plan" means the plan submitted to the State Insurance Department to accomplish the transfer and novation under an insurance business transfer, including any associated transfer of assets and rights from or on behalf of the transferring insurer to the assuming insurer; (8) "Insurer" means an insurance or surety company, including a reinsurance company, and includes a corporation, company, partnership, association, society, order, individual, or aggregation of individuals engaging in, proposing to engage in, or attempting to engage in any kind of insurance or surety business, including the exchanging of reciprocal or inter-insurance contracts between individuals, partnerships, and corporations; (9) "Policy" means a policy, contract or certificate of insurance, or a contract of reinsurance under which the insurer agrees to assume an obligation or risk, or both, of the policyholder or to make payments on behalf of, or to, the policyholder or its beneficiaries, and includes property, casualty, life, health, and any other line of insurance the commissioner finds is suitable for an insurance business transfer; (10) "Policyholder" means an insured or a reinsured under a policy that is part of a subject business; (11) "Subject business" means the policy or policies that are the subject of the insurance business transfer plan; (12) "Transfer and novation" means the transfer of insurance obligations or risks, or both, of existing or in-force policies from a transferring insurer to an assuming insurer, and is intended to effect a novation of the transferred policies with the result that: (A) The assuming insurer becomes directly liable to the policyholders of the transferring insurer on the transferred policies; and (B) The transferring insurer's insurance obligations or risks, or both, under the transferred policies are extinguished; and (13) "Transferring insurer" means an insurer or reinsurer that transfers and novates or seeks to transfer and novate obligations or risks, or both, under one (1) or more policies to an assuming insurer under an insurance business transfer plan. Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Affiliate" means an affiliate as that term is defined in § 23-63-503 ;

(2) "Applicant" means a transferring insurer or reinsurer that submits an application under § 23-69-506 ;

(3) (A) "Assuming insurer" means an insurer domiciled in this state that assumes or seeks to assume policies from a transferring insurer under this subchapter. (B) "Assuming insurer" may include a company established under § 23-63-1601 et seq.;

(A) "Assuming insurer" means an insurer domiciled in this state that assumes or seeks to assume policies from a transferring insurer under this subchapter.

(B) "Assuming insurer" may include a company established under § 23-63-1601 et seq.;

(4) "Implementation order" means an order issued by the Pulaski County Circuit Court under § 23-69-509 ;

(5) "Independent expert" means an impartial person who: (A) Does not have a financial interest in either the transferring insurer or the assuming insurer; (B) Has not been employed by or acted as an officer, director, consultant, or other independent contractor for either the transferring insurer or the assuming insurer within the past twelve (12) months; (C) Has not been appointed by the Insurance Commissioner to assist in any capacity in any proceeding; (D) Has not received any compensation in connection with an insurance business transfer under this subchapter other than a fee based on a fixed or hourly basis that is not contingent on the approval or consummation of the insurance business transfer; and (E) Has proof of insurance coverage that is satisfactory to the commissioner;

(A) Does not have a financial interest in either the transferring insurer or the assuming insurer;

(B) Has not been employed by or acted as an officer, director, consultant, or other independent contractor for either the transferring insurer or the assuming insurer within the past twelve (12) months;

(C) Has not been appointed by the Insurance Commissioner to assist in any capacity in any proceeding;

(D) Has not received any compensation in connection with an insurance business transfer under this subchapter other than a fee based on a fixed or hourly basis that is not contingent on the approval or consummation of the insurance business transfer; and

(E) Has proof of insurance coverage that is satisfactory to the commissioner;

(6) (A) "Insurance business transfer" means a transfer of insurance obligations or risks, or both, of existing or in-force contracts of insurance or reinsurance from a transferring insurer to an assuming insurer. (B) Once approved, the insurance business transfer shall effect a transfer and novation of the transferred contracts of insurance or reinsurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks, or both, under the contracts, are extinguished;

(A) "Insurance business transfer" means a transfer of insurance obligations or risks, or both, of existing or in-force contracts of insurance or reinsurance from a transferring insurer to an assuming insurer.

(B) Once approved, the insurance business transfer shall effect a transfer and novation of the transferred contracts of insurance or reinsurance with the result that the assuming insurer becomes directly liable to the policyholders of the transferring insurer and the transferring insurer's insurance obligations or risks, or both, under the contracts, are extinguished;

(7) "Insurance business transfer plan" means the plan submitted to the State Insurance Department to accomplish the transfer and novation under an insurance business transfer, including any associated transfer of assets and rights from or on behalf of the transferring insurer to the assuming insurer;

(8) "Insurer" means an insurance or surety company, including a reinsurance company, and includes a corporation, company, partnership, association, society, order, individual, or aggregation of individuals engaging in, proposing to engage in, or attempting to engage in any kind of insurance or surety business, including the exchanging of reciprocal or inter-insurance contracts between individuals, partnerships, and corporations;

(9) "Policy" means a policy, contract or certificate of insurance, or a contract of reinsurance under which the insurer agrees to assume an obligation or risk, or both, of the policyholder or to make payments on behalf of, or to, the policyholder or its beneficiaries, and includes property, casualty, life, health, and any other line of insurance the commissioner finds is suitable for an insurance business transfer;

(10) "Policyholder" means an insured or a reinsured under a policy that is part of a subject business;

(11) "Subject business" means the policy or policies that are the subject of the insurance business transfer plan;

(12) "Transfer and novation" means the transfer of insurance obligations or risks, or both, of existing or in-force policies from a transferring insurer to an assuming insurer, and is intended to effect a novation of the transferred policies with the result that: (A) The assuming insurer becomes directly liable to the policyholders of the transferring insurer on the transferred policies; and (B) The transferring insurer's insurance obligations or risks, or both, under the transferred policies are extinguished; and

(A) The assuming insurer becomes directly liable to the policyholders of the transferring insurer on the transferred policies; and

(B) The transferring insurer's insurance obligations or risks, or both, under the transferred policies are extinguished; and

(13) "Transferring insurer" means an insurer or reinsurer that transfers and novates or seeks to transfer and novate obligations or risks, or both, under one (1) or more policies to an assuming insurer under an insurance business transfer plan.

Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-4-205 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-205
Refunds
Status: in_force

(a) The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission. (b) The authority of the commission to make refunds shall include, but is not limited to, the following circumstances: (1) When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates; (2) When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs; (3) When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute; (4) When a utility charges more than the lawful rate of interest; and (5) When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to § 23-3-117 . (c) When the commission determines that refunds are due under this section, the commission may authorize the utility to make a refund in one (1) lump sum, or may authorize the utility to prorate the refunds over the period of time over which the amount to be refunded had accrued, or some intermediate period of time as the commission deems appropriate. The commission may require that the refund be made by cash or check, or through customers' account credits. However, any refund of ten dollars ($10.00) or less shall be by billing credit only. All refunds, of whatever amount, to customers who cannot be located shall be made pursuant to subsection (e) of this section. Former customers who can be located shall be paid by cash or check. (d) The commission may order that refunds due under this section be made with interest computed at a rate not to exceed the maximum allowed by Arkansas law. (e) When a refund is due a customer and the utility cannot, after diligent effort, locate the customer, the utility shall: (1) Make the refunds available to the customer for a period of three (3) years from the date the refund was ordered; and (2) Apply those funds which are not claimed after three (3) years as a credit against bad-debt expense of the utility. (f) Nothing in this section shall be construed as allowing retroactive ratemaking or otherwise providing for refunds of rates collected pursuant to previous orders of the commission, except when rates have been placed in effect under bond, subject to refund. Acts 1935, No. 324, § 8; Pope's Dig., § 2071; Acts 1985, No. 753, § 1; A.S.A. 1947, § 73-202.

(a) The Arkansas Public Service Commission is hereby empowered, following notice and hearing, to order any public utility subject to its jurisdiction to make refunds. The refunds shall be made in the manner and to the extent determined just and reasonable by the commission.

(b) The authority of the commission to make refunds shall include, but is not limited to, the following circumstances: (1) When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates; (2) When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs; (3) When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute; (4) When a utility charges more than the lawful rate of interest; and (5) When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to § 23-3-117 .

(1) When a utility implements rates under bond, and the rates approved in the final order of the commission are less than the bonded rates;

(2) When a utility has charged its ratepayers an amount in excess of the utility's approved tariffs;

(3) When a utility imposes on ratepayers any charge prohibited by, or in excess of, any Arkansas statute;

(4) When a utility charges more than the lawful rate of interest; and

(5) When a utility has collected revenues exceeding those amounts authorized by any contract approved by the commission pursuant to § 23-3-117 .

(c) When the commission determines that refunds are due under this section, the commission may authorize the utility to make a refund in one (1) lump sum, or may authorize the utility to prorate the refunds over the period of time over which the amount to be refunded had accrued, or some intermediate period of time as the commission deems appropriate. The commission may require that the refund be made by cash or check, or through customers' account credits. However, any refund of ten dollars ($10.00) or less shall be by billing credit only. All refunds, of whatever amount, to customers who cannot be located shall be made pursuant to subsection (e) of this section. Former customers who can be located shall be paid by cash or check.

(d) The commission may order that refunds due under this section be made with interest computed at a rate not to exceed the maximum allowed by Arkansas law.

(e) When a refund is due a customer and the utility cannot, after diligent effort, locate the customer, the utility shall: (1) Make the refunds available to the customer for a period of three (3) years from the date the refund was ordered; and (2) Apply those funds which are not claimed after three (3) years as a credit against bad-debt expense of the utility.

(1) Make the refunds available to the customer for a period of three (3) years from the date the refund was ordered; and

(2) Apply those funds which are not claimed after three (3) years as a credit against bad-debt expense of the utility.

(f) Nothing in this section shall be construed as allowing retroactive ratemaking or otherwise providing for refunds of rates collected pursuant to previous orders of the commission, except when rates have been placed in effect under bond, subject to refund.

Acts 1935, No. 324, § 8; Pope's Dig., § 2071; Acts 1985, No. 753, § 1; A.S.A. 1947, § 73-202.
Ark. Code Ann. § 23-69-323 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-323
Construction
Status: in_force

This subchapter is intended to supplement the Arkansas Insurance Code. Further, this subchapter is not intended to and shall not be construed to conflict with existing sections of the Arkansas Insurance Code, including, but not limited to, §§ 23-69-141 , 23-70-123 , 23-72-119 , 23-73-117 , 23-75-122 , or other applicable sections of the Arkansas Insurance Code. Acts 2001, No. 1726, § 1.

This subchapter is intended to supplement the Arkansas Insurance Code. Further, this subchapter is not intended to and shall not be construed to conflict with existing sections of the Arkansas Insurance Code, including, but not limited to, §§ 23-69-141 , 23-70-123 , 23-72-119 , 23-73-117 , 23-75-122 , or other applicable sections of the Arkansas Insurance Code.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-36-104 — AR Code / Title 23 / Chapter 36 / Section 23-36-104
Corporate title
Status: in_force

(a) Every corporation authorized by the Bank Commissioner to operate pursuant to the provisions of this chapter shall be known as an industrial loan institution and shall use the words "industrial loan institution" as part of its corporate title or in connection with its corporate title. (b) All persons, firms, associations, and corporations, except those which discharge the burden of proving their authority under the laws of another state or the United States, are prohibited from using in this state, as a portion of or in connection with their office or other place of business, or in reference to themselves on their stationery or in their advertising, any of the words or phrases, alone or in combination with any other word or phrase, "industrial loans", "industrial plan of loans", "industrial lending", or the word "plan" in connection with any system of loaning money which would in any way tend to induce the belief that the party using it is authorized to engage in business as an industrial loan institution under the provisions of this chapter. Acts 1941, No. 111, §§ 3, 10; A.S.A. 1947, §§ 67-1003, 67-1010.

(a) Every corporation authorized by the Bank Commissioner to operate pursuant to the provisions of this chapter shall be known as an industrial loan institution and shall use the words "industrial loan institution" as part of its corporate title or in connection with its corporate title.

(b) All persons, firms, associations, and corporations, except those which discharge the burden of proving their authority under the laws of another state or the United States, are prohibited from using in this state, as a portion of or in connection with their office or other place of business, or in reference to themselves on their stationery or in their advertising, any of the words or phrases, alone or in combination with any other word or phrase, "industrial loans", "industrial plan of loans", "industrial lending", or the word "plan" in connection with any system of loaning money which would in any way tend to induce the belief that the party using it is authorized to engage in business as an industrial loan institution under the provisions of this chapter.

Acts 1941, No. 111, §§ 3, 10; A.S.A. 1947, §§ 67-1003, 67-1010.
Ark. Code Ann. § 23-79-405 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-405
Loss ratio standards
Status: in_force

Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premiums charged. The Insurance Commissioner shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred healthcare expenses when coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices. Amended by Act 2019, No. 315,§ 2713, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 72, § 3.

Medicare supplement policies shall return to policyholders benefits which are reasonable in relation to the premiums charged. The Insurance Commissioner shall issue reasonable rules to establish minimum standards for loss ratios of Medicare supplement policies on the basis of incurred claims experience, or incurred healthcare expenses when coverage is provided by a health maintenance organization on a service rather than reimbursement basis, and earned premiums in accordance with accepted actuarial principles and practices.

Amended by Act 2019, No. 315,§ 2713, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 72, § 3.
Ark. Code Ann. § 23-4-712 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-712
Differentiation in compensation for long and short hauls prohibited
Status: in_force

It shall be unlawful for any person or corporation engaged as specified in § 23-4-710 to demand or receive a greater amount of compensation for services rendered for a similar amount and kind of property as a charge for receiving, storing, loading, unloading, carrying, or delivering the property under similar circumstances and conditions and demand or receive a greater compensation for a shorter distance than for a longer distance which includes the shorter distance. The road of any person or corporation shall include all the railroads in use by the person or corporation, whether owned or operated by the person or corporation under a contract, agreement, or lease by the person or corporation or with which the person or corporation has a traffic contract. Acts 1899, No. 53, § 13, p. 82; C. & M. Dig., § 878; Pope's Dig., § 1082; A.S.A. 1947, § 73-1516.

It shall be unlawful for any person or corporation engaged as specified in § 23-4-710 to demand or receive a greater amount of compensation for services rendered for a similar amount and kind of property as a charge for receiving, storing, loading, unloading, carrying, or delivering the property under similar circumstances and conditions and demand or receive a greater compensation for a shorter distance than for a longer distance which includes the shorter distance. The road of any person or corporation shall include all the railroads in use by the person or corporation, whether owned or operated by the person or corporation under a contract, agreement, or lease by the person or corporation or with which the person or corporation has a traffic contract.

Acts 1899, No. 53, § 13, p. 82; C. & M. Dig., § 878; Pope's Dig., § 1082; A.S.A. 1947, § 73-1516.
Ark. Code Ann. § 23-16-201 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-201
Penalty
Status: in_force

Any person, officer, manager, company, corporation, association, or firm who violates any of the provisions of this subchapter shall be guilty of a Class A misdemeanor. Acts 1911, No. 166, § 4; C. & M. Dig., § 7124; Pope's Dig., § 9110; A.S.A. 1947, § 73-2104; Acts 2005, No. 1994, § 229.

Any person, officer, manager, company, corporation, association, or firm who violates any of the provisions of this subchapter shall be guilty of a Class A misdemeanor.

Acts 1911, No. 166, § 4; C. & M. Dig., § 7124; Pope's Dig., § 9110; A.S.A. 1947, § 73-2104; Acts 2005, No. 1994, § 229.
Ark. Code Ann. § 23-80-307 — AR Code / Title 23 / Chapter 80 / Subchapter 3 / Section 23-80-307
Compliance with other statutorily required language
Status: in_force

(a) The requirements of any other laws which specify the language or content of any policy may be met by a policy complying with § 23-80-306(a) . (b) However, the policy must provide protection which, considered as a whole, is not less favorable to the insured than is required by the other laws. Acts 1981, No. 517, § 9; A.S.A. 1947, § 66-5809.

(a) The requirements of any other laws which specify the language or content of any policy may be met by a policy complying with § 23-80-306(a) .

(b) However, the policy must provide protection which, considered as a whole, is not less favorable to the insured than is required by the other laws.

Acts 1981, No. 517, § 9; A.S.A. 1947, § 66-5809.
Ark. Code Ann. § 23-51-157 — AR Code / Title 23 / Chapter 51 / Section 23-51-157
Corporate procedure
Status: in_force

Shareholder action to liquidate a state trust company shall be taken at a meeting of the shareholders duly called by resolution of the board of directors, written notice of which, stating the purpose of the meeting, shall be mailed to each shareholder, or in case of a shareholder's death, to the shareholder's legal representative, addressed to the shareholder's last known residence not less than ten (10) days prior to the date of the meeting. If stockholders shall, by the required vote, elect to liquidate a trust company, a certified copy of all proceedings of the meeting at which such an action shall have been taken, attested by an officer of the trust company, shall be transmitted to the Bank Commissioner for approval. Acts 1997, No. 940, § 57.

Shareholder action to liquidate a state trust company shall be taken at a meeting of the shareholders duly called by resolution of the board of directors, written notice of which, stating the purpose of the meeting, shall be mailed to each shareholder, or in case of a shareholder's death, to the shareholder's legal representative, addressed to the shareholder's last known residence not less than ten (10) days prior to the date of the meeting. If stockholders shall, by the required vote, elect to liquidate a trust company, a certified copy of all proceedings of the meeting at which such an action shall have been taken, attested by an officer of the trust company, shall be transmitted to the Bank Commissioner for approval.

Acts 1997, No. 940, § 57.
Ark. Code Ann. § 23-10-103 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-103
Railroads - Civil penalties for violations of sections 23-4-603, 23-4-707, 23-4-710, 23-4-711, 23-4-713, and 23-10-104 - 23-10-108 - Actions to recover penalties
Status: in_force

(a) Any railroad corporation that violates §§ 23-4-603 , 23-4-707 , 23-4-710 , 23-4-711 , or 23-4-713 or shall be a party concerned in the violation of § 23-10-108 shall forfeit and pay for every such offense any sum not less than fifty dollars ($50.00) nor exceeding one thousand dollars ($1,000) and costs of suit, to be recovered by civil action by the party aggrieved, in any court having jurisdiction thereof. (b) (1) Any president, director, officer, agent, or employee of any such railroad who shall knowingly or willfully violate any of the provisions of §§ 23-10-104 - 23-10-108 for every such violation shall be liable for the same penalties, to be recovered by any party aggrieved in the same manner as prescribed in this section. (2) In case of the violation of § 23-10-108 by any such railroad corporation or president, director, officer, agent, or employee, each day of violation shall constitute a separate cause of action. (c) All such actions shall be brought within one (1) year after the cause of action accrues or within one (1) year after the party complaining comes to the knowledge of his or her rights. (d) No such action shall be maintained unless it is alleged and shown that before bringing his or her action the party complaining brought the matter to the attention of the railroad company by a notice or a statement of the facts in writing, accompanied by the papers showing the violation, if he or she has any, and a demand for reparation which has been delivered to some agent of the railroad company. It must also be shown that for fifteen (15) days after the reception of the notice the railroad company neglected or refused to refund any overcharge or make other proper reparation. Acts 1887, No. 81, § 12, p. 113; C. & M. Dig., § 1006; Pope's Dig., § 1215; A.S.A. 1947, § 73-1511.

(a) Any railroad corporation that violates §§ 23-4-603 , 23-4-707 , 23-4-710 , 23-4-711 , or 23-4-713 or shall be a party concerned in the violation of § 23-10-108 shall forfeit and pay for every such offense any sum not less than fifty dollars ($50.00) nor exceeding one thousand dollars ($1,000) and costs of suit, to be recovered by civil action by the party aggrieved, in any court having jurisdiction thereof.

(b) (1) Any president, director, officer, agent, or employee of any such railroad who shall knowingly or willfully violate any of the provisions of §§ 23-10-104 - 23-10-108 for every such violation shall be liable for the same penalties, to be recovered by any party aggrieved in the same manner as prescribed in this section. (2) In case of the violation of § 23-10-108 by any such railroad corporation or president, director, officer, agent, or employee, each day of violation shall constitute a separate cause of action.

(1) Any president, director, officer, agent, or employee of any such railroad who shall knowingly or willfully violate any of the provisions of §§ 23-10-104 - 23-10-108 for every such violation shall be liable for the same penalties, to be recovered by any party aggrieved in the same manner as prescribed in this section.

(2) In case of the violation of § 23-10-108 by any such railroad corporation or president, director, officer, agent, or employee, each day of violation shall constitute a separate cause of action.

(c) All such actions shall be brought within one (1) year after the cause of action accrues or within one (1) year after the party complaining comes to the knowledge of his or her rights.

(d) No such action shall be maintained unless it is alleged and shown that before bringing his or her action the party complaining brought the matter to the attention of the railroad company by a notice or a statement of the facts in writing, accompanied by the papers showing the violation, if he or she has any, and a demand for reparation which has been delivered to some agent of the railroad company. It must also be shown that for fifteen (15) days after the reception of the notice the railroad company neglected or refused to refund any overcharge or make other proper reparation.

Acts 1887, No. 81, § 12, p. 113; C. & M. Dig., § 1006; Pope's Dig., § 1215; A.S.A. 1947, § 73-1511.
Ark. Code Ann. § 23-86-103 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-103
Blanket accident and health insurance - Application and certificates not required
Status: in_force

An individual application shall not be required from a person covered under a blanket accident and health insurance policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate. Acts 1959, No. 148, § 424; A.S.A. 1947, § 66-3706; Acts 2001, No. 1063, § 4.

An individual application shall not be required from a person covered under a blanket accident and health insurance policy or contract, nor shall it be necessary for the insurer to furnish each person a certificate.

Acts 1959, No. 148, § 424; A.S.A. 1947, § 66-3706; Acts 2001, No. 1063, § 4.
Ark. Code Ann. § 23-64-303 — AR Code / Title 23 / Chapter 64 / Subchapter 3 / Section 23-64-303
Requirements for newly licensed agents or brokers
Status: in_force

Newly licensed agents or brokers shall not be required to meet the requirements of this subchapter until the first annual period after the first renewal of their licenses on the birthdate of the licensee. Acts 1989, No. 445, § 1; 1997, No. 1004, § 1.

Newly licensed agents or brokers shall not be required to meet the requirements of this subchapter until the first annual period after the first renewal of their licenses on the birthdate of the licensee.

Acts 1989, No. 445, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-16-405 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-405
[Repealed]
Status: repealed

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 84,§ 14, eff. 7/28/2021. Acts 2005, No. 2289, § 1.

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 84,§ 14, eff. 7/28/2021.

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-16-303 — AR Code / Title 23 / Chapter 16 / Subchapter 3 / Section 23-16-303
Insolvency protection application - Amount not limited
Status: in_force

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after such an accident. (b) Nothing contained in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this section. Acts 1975, No. 893, § 4; A.S.A. 1947, § 73-2404.

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect where the liability insurer of the tortfeasor becomes insolvent within one (1) year after such an accident.

(b) Nothing contained in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this section.

Acts 1975, No. 893, § 4; A.S.A. 1947, § 73-2404.
Ark. Code Ann. § 23-64-401 — AR Code / Title 23 / Chapter 64 / Subchapter 4 / Section 23-64-401
Title
Status: in_force

This subchapter may be cited as the "Managing General Agents Act". Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.

This subchapter may be cited as the "Managing General Agents Act".

Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-17-514 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-514
Implementation
Status: in_force

(a) (1) An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter. (2) Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter. (3) An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory. (b) Ordinances and agreements implementing this subchapter are public or private arrangements and are matters of legitimate and significant statewide concern. (c) (1) A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019. (2) To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter. (d) (1) An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this subchapter. (2) In the absence of an ordinance or agreement that complies with this subchapter, a wireless provider may install and operate small wireless facilities and associated poles in the right-of-way under the requirements of this subchapter. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) (1) An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter. (2) Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter. (3) An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory.

(1) An authority may adopt an ordinance that makes available to wireless providers rates, fees, and other terms that comply with this subchapter.

(2) Subject to the other provisions of this section, in the absence of an ordinance or agreement that substantially implements this subchapter and until such an ordinance is adopted or agreement is reached, if at all, a wireless provider may collocate small wireless facilities and install associated poles under the requirements of this subchapter.

(3) An authority shall not require a wireless provider to enter into an agreement to implement this subchapter, but such agreements are permissible if voluntary and nondiscriminatory.

(b) Ordinances and agreements implementing this subchapter are public or private arrangements and are matters of legitimate and significant statewide concern.

(c) (1) A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019. (2) To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter.

(1) A provision of an agreement or ordinance with an effective date before September 1, 2019, that does not fully comply with this subchapter shall apply only to small wireless facilities and associated poles that were operational before September 1, 2019, and shall be deemed invalid and unenforceable beginning on the one hundred eighty-first day after September 1, 2019.

(2) To the extent an agreement or ordinance, or part thereof, is invalid under subdivision (c)(1) of this section, small wireless facilities and associated poles that became operational before September 1, 2019, under the agreement or ordinance, may remain installed and be operated under the requirements of this subchapter.

(d) (1) An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this subchapter. (2) In the absence of an ordinance or agreement that complies with this subchapter, a wireless provider may install and operate small wireless facilities and associated poles in the right-of-way under the requirements of this subchapter.

(1) An agreement or ordinance with an effective date of September 1, 2019, or later that applies to small wireless facilities and associated poles is invalid and unenforceable unless it fully complies with this subchapter.

(2) In the absence of an ordinance or agreement that complies with this subchapter, a wireless provider may install and operate small wireless facilities and associated poles in the right-of-way under the requirements of this subchapter.

Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-86-120 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-120
Hospice care coverage for terminally ill patients
Status: in_force

(a) (1) Every accident and health insurance company, hospital service corporation, health maintenance organization, or other health insurance provider in the State of Arkansas shall offer to each master group contract holder, coverage for hospice facilities and hospice programs as defined under § 20-7-117 . (2) (A) The offer of these benefits shall be subject to the right of the policy or contract holder to reject the coverage. (B) The rejection by the policy or contract holder shall be in writing. (b) The insurance coverage required in subsection (a) of this section shall provide terminally ill patients with coverage for prognosis and treatment of at least the rates of reimbursement as are provided for hospice care under Medicare and the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as in effect January 1, 1999. (c) This section does not apply to contracts or policies providing disability income insurance, specified disease insurance, hospital indemnity insurance, long-term care insurance, short-term limited duration insurance, accident only insurance, Medicare supplement insurance, or all other supplemental insurance. Acts 1999, No. 922, § 1; 2001, No. 1063, § 20.

(a) (1) Every accident and health insurance company, hospital service corporation, health maintenance organization, or other health insurance provider in the State of Arkansas shall offer to each master group contract holder, coverage for hospice facilities and hospice programs as defined under § 20-7-117 . (2) (A) The offer of these benefits shall be subject to the right of the policy or contract holder to reject the coverage. (B) The rejection by the policy or contract holder shall be in writing.

(1) Every accident and health insurance company, hospital service corporation, health maintenance organization, or other health insurance provider in the State of Arkansas shall offer to each master group contract holder, coverage for hospice facilities and hospice programs as defined under § 20-7-117 .

(2) (A) The offer of these benefits shall be subject to the right of the policy or contract holder to reject the coverage. (B) The rejection by the policy or contract holder shall be in writing.

(A) The offer of these benefits shall be subject to the right of the policy or contract holder to reject the coverage.

(B) The rejection by the policy or contract holder shall be in writing.

(b) The insurance coverage required in subsection (a) of this section shall provide terminally ill patients with coverage for prognosis and treatment of at least the rates of reimbursement as are provided for hospice care under Medicare and the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as in effect January 1, 1999.

(c) This section does not apply to contracts or policies providing disability income insurance, specified disease insurance, hospital indemnity insurance, long-term care insurance, short-term limited duration insurance, accident only insurance, Medicare supplement insurance, or all other supplemental insurance.

Acts 1999, No. 922, § 1; 2001, No. 1063, § 20.
Ark. Code Ann. § 23-111-502 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-502
Racing days and hours generally
Status: in_force

(a) (1) Upon application of the dog racing franchise holder, the Arkansas Racing Commission may authorize each dog racing franchise holder to conduct during any calendar year greyhound racing on the days and during the hours as determined by the commission and as set forth in its rules. (2) The commission's rules shall be in the best interests of the dog racing franchisee, kennel owners, and greyhound racing in the State of Arkansas. (3) Greyhound racing on Easter Sunday or Christmas Day is prohibited. (b) The racing days provided for under §§ 23-111-503 - 23-111-505 shall be conducted on the days and during the hours determined by the commission under subsection (a) of this section. Amended by Act 2019, No. 315,§ 2820, eff. 7/24/2019. Amended by Act 2013, No. 351,§ 1, eff. 8/16/2013. Acts 1985, No. 924, § 1; A.S.A. 1947, § 84-2848; Acts 1987, No. 383, § 1; 1989, No. 238, § 1; 1995, No. 342, § 1; 1995, No. 347, § 1.

(a) (1) Upon application of the dog racing franchise holder, the Arkansas Racing Commission may authorize each dog racing franchise holder to conduct during any calendar year greyhound racing on the days and during the hours as determined by the commission and as set forth in its rules. (2) The commission's rules shall be in the best interests of the dog racing franchisee, kennel owners, and greyhound racing in the State of Arkansas. (3) Greyhound racing on Easter Sunday or Christmas Day is prohibited.

(1) Upon application of the dog racing franchise holder, the Arkansas Racing Commission may authorize each dog racing franchise holder to conduct during any calendar year greyhound racing on the days and during the hours as determined by the commission and as set forth in its rules.

(2) The commission's rules shall be in the best interests of the dog racing franchisee, kennel owners, and greyhound racing in the State of Arkansas.

(3) Greyhound racing on Easter Sunday or Christmas Day is prohibited.

(b) The racing days provided for under §§ 23-111-503 - 23-111-505 shall be conducted on the days and during the hours determined by the commission under subsection (a) of this section.

Amended by Act 2019, No. 315,§ 2820, eff. 7/24/2019.

Amended by Act 2013, No. 351,§ 1, eff. 8/16/2013.

Acts 1985, No. 924, § 1; A.S.A. 1947, § 84-2848; Acts 1987, No. 383, § 1; 1989, No. 238, § 1; 1995, No. 342, § 1; 1995, No. 347, § 1.
Ark. Code Ann. § 23-82-104 — AR Code / Title 23 / Chapter 82 / Section 23-82-104
Policies prohibited
Status: in_force

No policy of industrial life insurance shall be offered, delivered, or issued for delivery in this state on or after January 1, 1988. Acts 1959, No. 148, § 348; A.S.A. 1947, § 66-3403; Acts 1987, No. 351, § 1.

No policy of industrial life insurance shall be offered, delivered, or issued for delivery in this state on or after January 1, 1988.

Acts 1959, No. 148, § 348; A.S.A. 1947, § 66-3403; Acts 1987, No. 351, § 1.
Ark. Code Ann. § 23-81-130 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-130
Registered life insurance policies and annuity contracts - Deposit of reserves
Status: in_force

(a) A domestic life insurer existing on January 1, 1960, may deposit and shall thereafter maintain on deposit with the Insurance Commissioner securities and assets equal to the legal reserve on its registered life insurance policies and annuity contracts in force under the provisions of § 23-63-601 et seq. The securities and assets shall be held on deposit in trust for the common benefit of all the holders of the policies and contracts. (b) However, no deposit shall be made or maintained as to industrial life insurance policies. (c) All securities not negotiable by delivery and deposited by an insurer under this section shall be assigned to the commissioner and his or her successors in office, but the assignments shall be deemed to be conditional only and shall not be recorded unless and until the commissioner has revoked or refused to continue the insurer's certificate of authority or until the commissioner has applied to the court for receivership of the insurer in accordance with either § 23-68-106 or § 23-68-107 . (d) Deposits shall be subject to the applicable provisions of §§ 23-63-901 - 23-63-912 , administration of deposits. Acts 1959, No. 148, § 337; A.S.A. 1947, § 66-3328; Acts 2001, No. 1566, § 18.

(a) A domestic life insurer existing on January 1, 1960, may deposit and shall thereafter maintain on deposit with the Insurance Commissioner securities and assets equal to the legal reserve on its registered life insurance policies and annuity contracts in force under the provisions of § 23-63-601 et seq. The securities and assets shall be held on deposit in trust for the common benefit of all the holders of the policies and contracts.

(b) However, no deposit shall be made or maintained as to industrial life insurance policies.

(c) All securities not negotiable by delivery and deposited by an insurer under this section shall be assigned to the commissioner and his or her successors in office, but the assignments shall be deemed to be conditional only and shall not be recorded unless and until the commissioner has revoked or refused to continue the insurer's certificate of authority or until the commissioner has applied to the court for receivership of the insurer in accordance with either § 23-68-106 or § 23-68-107 .

(d) Deposits shall be subject to the applicable provisions of §§ 23-63-901 - 23-63-912 , administration of deposits.

Acts 1959, No. 148, § 337; A.S.A. 1947, § 66-3328; Acts 2001, No. 1566, § 18.
Ark. Code Ann. § 23-55-404 — AR Code / Title 23 / Chapter 55 / Section 23-55-404
Renewal of license
Status: in_force

(a) A licensee under this article shall pay an annual renewal fee of $375 no later than December 31 in order to be licensed for the next calendar year. (b) A licensee under this article shall submit a renewal report with the renewal fee, in a form and in a medium prescribed by the commissioner. The renewal report must contain a list of the locations in this State where the licensee or an authorized delegate of the licensee engages in currency exchange, including limited stations and mobile locations. (c) A licensee may renew a license after the time specified in subsection (a) if the licensee renews within thirty (30) days of the renewal date by: (1) paying $375 as required under subsection (a); (2) complying with the requirements in subsection (b); and (3) paying a late fee of $250 so long as the complete renewal application is received. (d) (1) The commissioner for good cause may grant an extension of the renewal date. (2) If a licensee has not renewed a license within thirty (30) days of the renewal date and has not shown good cause to receive an extension of the renewal date as described under subdivision (d)(1), then it shall be necessary for the licensee to submit a new application to engage in the business of currency exchange. Amended by Act 2021, No. 532,§ 14, eff. 7/28/2021. Amended by Act 2019, No. 111,§ 7, eff. 7/24/2019. Acts 2007, No. 1595, § 1; 2009, No. 486, § 12; 2011, No. 733, § 9.

(a) A licensee under this article shall pay an annual renewal fee of $375 no later than December 31 in order to be licensed for the next calendar year.

(b) A licensee under this article shall submit a renewal report with the renewal fee, in a form and in a medium prescribed by the commissioner. The renewal report must contain a list of the locations in this State where the licensee or an authorized delegate of the licensee engages in currency exchange, including limited stations and mobile locations.

(c) A licensee may renew a license after the time specified in subsection (a) if the licensee renews within thirty (30) days of the renewal date by: (1) paying $375 as required under subsection (a); (2) complying with the requirements in subsection (b); and (3) paying a late fee of $250 so long as the complete renewal application is received.

(1) paying $375 as required under subsection (a);

(2) complying with the requirements in subsection (b); and

(3) paying a late fee of $250 so long as the complete renewal application is received.

(d) (1) The commissioner for good cause may grant an extension of the renewal date. (2) If a licensee has not renewed a license within thirty (30) days of the renewal date and has not shown good cause to receive an extension of the renewal date as described under subdivision (d)(1), then it shall be necessary for the licensee to submit a new application to engage in the business of currency exchange.

(1) The commissioner for good cause may grant an extension of the renewal date.

(2) If a licensee has not renewed a license within thirty (30) days of the renewal date and has not shown good cause to receive an extension of the renewal date as described under subdivision (d)(1), then it shall be necessary for the licensee to submit a new application to engage in the business of currency exchange.

Amended by Act 2021, No. 532,§ 14, eff. 7/28/2021.

Amended by Act 2019, No. 111,§ 7, eff. 7/24/2019.

Acts 2007, No. 1595, § 1; 2009, No. 486, § 12; 2011, No. 733, § 9.
Ark. Code Ann. § 23-79-2602 — AR Code / Title 23 / Chapter 79 / Subchapter 26 / Section 23-79-2602
Coverage for biomarker testing for early detection and management for cancer diagnoses
Status: in_force

(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for biomarker testing. (b) The evidence of coverage document provided with a health benefit plan under this subchapter shall include biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of a subscriber's disease or condition to guide treatment decisions when the biomarker test is supported by medical and scientific evidence, including without limitation: (1) Labeled indications for tests that are approved or cleared by the United States Food and Drug Administration; (2) Indicated tests for a drug that is approved by the United States Food and Drug Administration; (3) Warnings and precautions on United States Food and Drug Administration-approved drug labels; (4) Centers for Medicare & Medicaid Services national coverage determinations or Medicare administrative contractor local coverage determinations; or (5) Nationally recognized clinical practice guidelines and consensus statements. (c) A health benefit plan shall ensure that coverage is provided in a manner that limits disruptions in care, including the need for multiple biopsies and biospecimen samples as determined by a healthcare professional. (d) (1) A subscriber and a subscriber's healthcare professional shall have access to a clear, readily available, and convenient process to request an exception to a health benefit plan under this subchapter. (2) The process under subdivision (d)(1) of this section shall be readily accessible on the health benefit plan's website. (3) This section shall not be construed to require a separate process if the health benefit plan's existing process complies with subdivision (d)(1) of this section. (e) A utilization review entity shall make a determination on a request for coverage of biomarker testing at the same scope, duration, and frequency as the health benefit plan otherwise provides to subscribers. (f) If prior authorization is required for biomarker testing, the utilization review entity shall approve or deny a prior authorization request and notify the subscriber, the subscriber's healthcare professional, and any entity requesting prior authorization of the healthcare service: (1) Within seventy-two (72) hours for requests for nonurgent healthcare services; or (2) Within twenty-four (24) hours for requests for urgent healthcare services. Added by Act 2023, No. 429,§ 1, eff. 8/1/2023.

(a) A health benefit plan that is offered, issued, or renewed in this state shall provide coverage for biomarker testing.

(b) The evidence of coverage document provided with a health benefit plan under this subchapter shall include biomarker testing for the purpose of diagnosis, treatment, appropriate management, or ongoing monitoring of a subscriber's disease or condition to guide treatment decisions when the biomarker test is supported by medical and scientific evidence, including without limitation: (1) Labeled indications for tests that are approved or cleared by the United States Food and Drug Administration; (2) Indicated tests for a drug that is approved by the United States Food and Drug Administration; (3) Warnings and precautions on United States Food and Drug Administration-approved drug labels; (4) Centers for Medicare & Medicaid Services national coverage determinations or Medicare administrative contractor local coverage determinations; or (5) Nationally recognized clinical practice guidelines and consensus statements.

(1) Labeled indications for tests that are approved or cleared by the United States Food and Drug Administration;

(2) Indicated tests for a drug that is approved by the United States Food and Drug Administration;

(3) Warnings and precautions on United States Food and Drug Administration-approved drug labels;

(4) Centers for Medicare & Medicaid Services national coverage determinations or Medicare administrative contractor local coverage determinations; or

(5) Nationally recognized clinical practice guidelines and consensus statements.

(c) A health benefit plan shall ensure that coverage is provided in a manner that limits disruptions in care, including the need for multiple biopsies and biospecimen samples as determined by a healthcare professional.

(d) (1) A subscriber and a subscriber's healthcare professional shall have access to a clear, readily available, and convenient process to request an exception to a health benefit plan under this subchapter. (2) The process under subdivision (d)(1) of this section shall be readily accessible on the health benefit plan's website. (3) This section shall not be construed to require a separate process if the health benefit plan's existing process complies with subdivision (d)(1) of this section.

(1) A subscriber and a subscriber's healthcare professional shall have access to a clear, readily available, and convenient process to request an exception to a health benefit plan under this subchapter.

(2) The process under subdivision (d)(1) of this section shall be readily accessible on the health benefit plan's website.

(3) This section shall not be construed to require a separate process if the health benefit plan's existing process complies with subdivision (d)(1) of this section.

(e) A utilization review entity shall make a determination on a request for coverage of biomarker testing at the same scope, duration, and frequency as the health benefit plan otherwise provides to subscribers.

(f) If prior authorization is required for biomarker testing, the utilization review entity shall approve or deny a prior authorization request and notify the subscriber, the subscriber's healthcare professional, and any entity requesting prior authorization of the healthcare service: (1) Within seventy-two (72) hours for requests for nonurgent healthcare services; or (2) Within twenty-four (24) hours for requests for urgent healthcare services.

(1) Within seventy-two (72) hours for requests for nonurgent healthcare services; or

(2) Within twenty-four (24) hours for requests for urgent healthcare services.

Added by Act 2023, No. 429,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-42-210 — AR Code / Title 23 / Chapter 42 / Subchapter 2 / Section 23-42-210
Judicial review
Status: in_force

(a) (1) A person aggrieved by a final order of the Securities Commissioner may obtain a review of the order in any state court of competent jurisdiction by filing in court, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. (2) A copy of the petition shall be forthwith served upon the commissioner, and thereupon the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these copies have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part. (b) (1) The findings of the commissioner as to the facts, if supported by competent, material, and substantial evidence, are conclusive. (2) If either party applies to the court for leave to adduce additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing, in any manner and upon any conditions which the court considers proper. The commissioner may modify his or her findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order. (c) The judgment of the court is final, subject to review by the Supreme Court. (d) The commencement of proceedings under subsection (a) of this section does not, unless specifically ordered by the court, operate as a stay of the commissioner's order. Amended by Act 2017, No. 668,§ 13, eff. 8/1/2017. Acts 1959, No. 254, § 23; 1961, No. 248, § 9; A.S.A. 1947, § 67-1257.

(a) (1) A person aggrieved by a final order of the Securities Commissioner may obtain a review of the order in any state court of competent jurisdiction by filing in court, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part. (2) A copy of the petition shall be forthwith served upon the commissioner, and thereupon the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these copies have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part.

(1) A person aggrieved by a final order of the Securities Commissioner may obtain a review of the order in any state court of competent jurisdiction by filing in court, within thirty (30) days after the entry of the order, a written petition praying that the order be modified or set aside in whole or in part.

(2) A copy of the petition shall be forthwith served upon the commissioner, and thereupon the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. When these copies have been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the order, in whole or in part.

(b) (1) The findings of the commissioner as to the facts, if supported by competent, material, and substantial evidence, are conclusive. (2) If either party applies to the court for leave to adduce additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing, in any manner and upon any conditions which the court considers proper. The commissioner may modify his or her findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.

(1) The findings of the commissioner as to the facts, if supported by competent, material, and substantial evidence, are conclusive.

(2) If either party applies to the court for leave to adduce additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to adduce the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing, in any manner and upon any conditions which the court considers proper. The commissioner may modify his or her findings and order by reason of the additional evidence and shall file in the court the additional evidence together with any modified or new findings or order.

(c) The judgment of the court is final, subject to review by the Supreme Court.

(d) The commencement of proceedings under subsection (a) of this section does not, unless specifically ordered by the court, operate as a stay of the commissioner's order.

Amended by Act 2017, No. 668,§ 13, eff. 8/1/2017.

Acts 1959, No. 254, § 23; 1961, No. 248, § 9; A.S.A. 1947, § 67-1257.