Ark. Code Ann. § 23-61-1111 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1111
Duties of State Insurance Department
Status: in_force

(a) The State Insurance Department shall assist the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in the performance of the duties of the board. (b) Assistance under subsection (a) of this section shall include without limitation: (1) Receiving and disseminating filings, questions, and requests on behalf of the board to the members of the board in advance of each meeting; (2) Reviewing all filings, questions, and requests on behalf of the board and offering the department's opinion on the resolution of the matter; (3) Issuing written responses regarding complaints received by the board; (4) Scheduling all meetings in conjunction with the Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (5) Providing appropriate legal notices for all scheduled meetings; (6) Establishing a site where meetings of the board may be held; (7) When necessary, scheduling the services of a court reporter for all meetings of the board; (8) Providing legal representation and assistance through the legal staff of the department to the board in matters pertaining to this subchapter; (9) Acting as a liaison between the board and any court involved in the administration of any perpetual care cemetery placed in receivership; (10) Performing inspections at burial associations, cemeteries, funeral homes, funeral establishments and crematoriums for which complaints have been received by the board; (11) Performing special audits and examinations as necessary; (12) Scheduling, performing, and assisting in performing regular audits and examinations of cemeteries, funeral homes, funeral establishments, and crematoriums; (13) Administering or assisting in administering the annual reporting for all perpetual care cemeteries; and (14) Assisting in the formulation of legislation on behalf of the board. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) The State Insurance Department shall assist the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in the performance of the duties of the board.

(b) Assistance under subsection (a) of this section shall include without limitation: (1) Receiving and disseminating filings, questions, and requests on behalf of the board to the members of the board in advance of each meeting; (2) Reviewing all filings, questions, and requests on behalf of the board and offering the department's opinion on the resolution of the matter; (3) Issuing written responses regarding complaints received by the board; (4) Scheduling all meetings in conjunction with the Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services; (5) Providing appropriate legal notices for all scheduled meetings; (6) Establishing a site where meetings of the board may be held; (7) When necessary, scheduling the services of a court reporter for all meetings of the board; (8) Providing legal representation and assistance through the legal staff of the department to the board in matters pertaining to this subchapter; (9) Acting as a liaison between the board and any court involved in the administration of any perpetual care cemetery placed in receivership; (10) Performing inspections at burial associations, cemeteries, funeral homes, funeral establishments and crematoriums for which complaints have been received by the board; (11) Performing special audits and examinations as necessary; (12) Scheduling, performing, and assisting in performing regular audits and examinations of cemeteries, funeral homes, funeral establishments, and crematoriums; (13) Administering or assisting in administering the annual reporting for all perpetual care cemeteries; and (14) Assisting in the formulation of legislation on behalf of the board.

(1) Receiving and disseminating filings, questions, and requests on behalf of the board to the members of the board in advance of each meeting;

(2) Reviewing all filings, questions, and requests on behalf of the board and offering the department's opinion on the resolution of the matter;

(3) Issuing written responses regarding complaints received by the board;

(4) Scheduling all meetings in conjunction with the Chair of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services;

(5) Providing appropriate legal notices for all scheduled meetings;

(6) Establishing a site where meetings of the board may be held;

(7) When necessary, scheduling the services of a court reporter for all meetings of the board;

(8) Providing legal representation and assistance through the legal staff of the department to the board in matters pertaining to this subchapter;

(9) Acting as a liaison between the board and any court involved in the administration of any perpetual care cemetery placed in receivership;

(10) Performing inspections at burial associations, cemeteries, funeral homes, funeral establishments and crematoriums for which complaints have been received by the board;

(11) Performing special audits and examinations as necessary;

(12) Scheduling, performing, and assisting in performing regular audits and examinations of cemeteries, funeral homes, funeral establishments, and crematoriums;

(13) Administering or assisting in administering the annual reporting for all perpetual care cemeteries; and

(14) Assisting in the formulation of legislation on behalf of the board.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-65-316 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-316
Penalty for failure to file quarterly statement or remit tax
Status: in_force

(a) (1) If a surplus lines broker fails to file his or her quarterly statement by the due dates in § 23-65-314 , he or she shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the due date. (2) The Insurance Commissioner may grant a reasonable extension of time within which the statement may be filed for good cause shown and after a written request. (3) The fine may be recovered by an action instituted by the commissioner in any court of competent jurisdiction. (4) The commissioner shall pay to the Treasurer of State any fine so collected. (b) (1) If a surplus lines broker fails to remit the tax as provided by law by the due date, the surplus lines broker shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the sixty-first day after the end of the month in which surplus lines insurance was procured. (2) The commissioner shall pay to the Treasurer of State any fine so collected. Acts 1959, No. 148, § 202; 1985, No. 804, § 11; A.S.A. 1947, § 66-2922; Acts 1987, No. 456, § 13; 2011, No. 1055, § 2.

(a) (1) If a surplus lines broker fails to file his or her quarterly statement by the due dates in § 23-65-314 , he or she shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the due date. (2) The Insurance Commissioner may grant a reasonable extension of time within which the statement may be filed for good cause shown and after a written request. (3) The fine may be recovered by an action instituted by the commissioner in any court of competent jurisdiction. (4) The commissioner shall pay to the Treasurer of State any fine so collected.

(1) If a surplus lines broker fails to file his or her quarterly statement by the due dates in § 23-65-314 , he or she shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the due date.

(2) The Insurance Commissioner may grant a reasonable extension of time within which the statement may be filed for good cause shown and after a written request.

(3) The fine may be recovered by an action instituted by the commissioner in any court of competent jurisdiction.

(4) The commissioner shall pay to the Treasurer of State any fine so collected.

(b) (1) If a surplus lines broker fails to remit the tax as provided by law by the due date, the surplus lines broker shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the sixty-first day after the end of the month in which surplus lines insurance was procured. (2) The commissioner shall pay to the Treasurer of State any fine so collected.

(1) If a surplus lines broker fails to remit the tax as provided by law by the due date, the surplus lines broker shall be liable for a fine of fifty dollars ($50.00) for each day of delinquency commencing with the sixty-first day after the end of the month in which surplus lines insurance was procured.

(2) The commissioner shall pay to the Treasurer of State any fine so collected.

Acts 1959, No. 148, § 202; 1985, No. 804, § 11; A.S.A. 1947, § 66-2922; Acts 1987, No. 456, § 13; 2011, No. 1055, § 2.
Ark. Code Ann. § 23-81-114 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-114
Life insurance - Excluded or restricted coverage clauses limited
Status: in_force

A clause in any policy of life insurance providing that the policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy. Such a clause shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause. Acts 1959, No. 148, § 323; A.S.A. 1947, § 66-3314.

A clause in any policy of life insurance providing that the policy shall be incontestable after a specified period shall preclude only a contest of the validity of the policy. Such a clause shall not preclude the assertion at any time of defenses based upon provisions in the policy which exclude or restrict coverage, whether or not the restrictions or exclusions are excepted in the clause.

Acts 1959, No. 148, § 323; A.S.A. 1947, § 66-3314.
Ark. Code Ann. § 23-37-201 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-201
Regulatory agencies generally
Status: in_force

All associations subject to this chapter shall be supervised and regulated, and the provisions of this chapter shall be enforced by the Supervisor of Savings and Loan Associations, acting pursuant to the authority delegated by this chapter. Acts 1963, No. 227, § 47; A.S.A. 1947, § 67-1847; Acts 1997, No. 258, § 1.

All associations subject to this chapter shall be supervised and regulated, and the provisions of this chapter shall be enforced by the Supervisor of Savings and Loan Associations, acting pursuant to the authority delegated by this chapter.

Acts 1963, No. 227, § 47; A.S.A. 1947, § 67-1847; Acts 1997, No. 258, § 1.
Ark. Code Ann. § 23-16-406 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-406
[Repealed]
Status: repealed

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

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

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-65-401 — AR Code / Title 23 / Chapter 65 / Subchapter 4 / Section 23-65-401
Agreement authorized - Requirements
Status: in_force

(a) The Insurance Commissioner may enter into written multistate agreements or compacts with other state jurisdictions on behalf of the State of Arkansas to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on multistate surplus lines insurance. (b) A multistate agreement or compact authorized by this subchapter may provide for: (1) Determining the home state for surplus lines insurers and surplus lines brokers; (2) Establishing the record requirements for surplus lines brokers; (3) Audit procedures; (4) The exchange of information; (5) Uniform criteria for eligibility of insurers and eligibility for licensing of surplus lines brokers; (6) Reporting requirements and reporting periods; (7) Methods for collecting and forwarding surplus lines taxes; (8) Penalties to another jurisdiction; and (9) Rules to facilitate the administration of the multistate agreement or compact. (c) A multistate agreement or compact authorized by this subchapter: (1) Shall not preclude the commissioner from auditing the records of a person subject to this subchapter; (2) Is not effective until filed with the commissioner; and (3) Shall have the same effect as enacted legislation. Acts 2011, No. 1055, § 3.

(a) The Insurance Commissioner may enter into written multistate agreements or compacts with other state jurisdictions on behalf of the State of Arkansas to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed on multistate surplus lines insurance.

(b) A multistate agreement or compact authorized by this subchapter may provide for: (1) Determining the home state for surplus lines insurers and surplus lines brokers; (2) Establishing the record requirements for surplus lines brokers; (3) Audit procedures; (4) The exchange of information; (5) Uniform criteria for eligibility of insurers and eligibility for licensing of surplus lines brokers; (6) Reporting requirements and reporting periods; (7) Methods for collecting and forwarding surplus lines taxes; (8) Penalties to another jurisdiction; and (9) Rules to facilitate the administration of the multistate agreement or compact.

(1) Determining the home state for surplus lines insurers and surplus lines brokers;

(2) Establishing the record requirements for surplus lines brokers;

(3) Audit procedures;

(4) The exchange of information;

(5) Uniform criteria for eligibility of insurers and eligibility for licensing of surplus lines brokers;

(6) Reporting requirements and reporting periods;

(7) Methods for collecting and forwarding surplus lines taxes;

(8) Penalties to another jurisdiction; and

(9) Rules to facilitate the administration of the multistate agreement or compact.

(c) A multistate agreement or compact authorized by this subchapter: (1) Shall not preclude the commissioner from auditing the records of a person subject to this subchapter; (2) Is not effective until filed with the commissioner; and (3) Shall have the same effect as enacted legislation.

(1) Shall not preclude the commissioner from auditing the records of a person subject to this subchapter;

(2) Is not effective until filed with the commissioner; and

(3) Shall have the same effect as enacted legislation.

Acts 2011, No. 1055, § 3.
Ark. Code Ann. § 23-79-206 — AR Code / Title 23 / Chapter 79 / Subchapter 2 / Section 23-79-206
Evidence of death of person in military service
Status: in_force

(a) It shall be competent and proper in the trial of causes arising from death claims against insurers, accruing on account of death of the insured in foreign lands and while in the service of the United States Government as a member of the United States Armed Forces, to introduce as evidence a certificate from the appropriate officer of the United States Armed Forces having the authority to make the certificate, certifying the death of the insured. (b) When the certificate, officially signed and certified as provided in subsection (a) of this section, has been introduced in evidence in the trial, it shall be received and considered in the trial as prima facie evidence of the death of the insured. Acts 1959, No. 148, § 303; A.S.A. 1947, § 66-3236.

(a) It shall be competent and proper in the trial of causes arising from death claims against insurers, accruing on account of death of the insured in foreign lands and while in the service of the United States Government as a member of the United States Armed Forces, to introduce as evidence a certificate from the appropriate officer of the United States Armed Forces having the authority to make the certificate, certifying the death of the insured.

(b) When the certificate, officially signed and certified as provided in subsection (a) of this section, has been introduced in evidence in the trial, it shall be received and considered in the trial as prima facie evidence of the death of the insured.

Acts 1959, No. 148, § 303; A.S.A. 1947, § 66-3236.
Ark. Code Ann. § 23-10-420 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-420
Notice to consignee of arrival of freight - Penalty for failure to give
Status: in_force

(a) (1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee of the arrival of the shipment, together with the weight and amount of freight charges due thereon. (2) Where goods or freight in carload quantities arrive, the notice shall also contain identifying numbers, letters, and initials of the cars, and, if transferred in transit, the number and initials of the car in which originally shipped. (b) Any railroad company failing to give such notice shall forfeit and pay to the shipper or other party whose interest is affected the sum of five dollars ($5.00) per car per day or fraction of a day's delay on all carload shipments and one cent (1¢) per one hundred pounds (100 lbs.) per day or fraction of a day on freight in less than carloads, with a minimum charge of five cents (5¢) for any one (1) package, after the expiration of the twenty-four (24) hours. However, not more than five dollars ($5.00) per day shall be charged for any one (1) consignment not in excess of a carload. Acts 1907, No. 193, § 3, p. 453; C. & M. Dig., § 897; Pope's Dig., § 1101; A.S.A. 1947, § 73-1312.

(a) (1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee of the arrival of the shipment, together with the weight and amount of freight charges due thereon. (2) Where goods or freight in carload quantities arrive, the notice shall also contain identifying numbers, letters, and initials of the cars, and, if transferred in transit, the number and initials of the car in which originally shipped.

(1) Within twenty-four (24) hours after the arrival of a shipment, railroad companies shall give notice by mail or otherwise to the consignee of the arrival of the shipment, together with the weight and amount of freight charges due thereon.

(2) Where goods or freight in carload quantities arrive, the notice shall also contain identifying numbers, letters, and initials of the cars, and, if transferred in transit, the number and initials of the car in which originally shipped.

(b) Any railroad company failing to give such notice shall forfeit and pay to the shipper or other party whose interest is affected the sum of five dollars ($5.00) per car per day or fraction of a day's delay on all carload shipments and one cent (1¢) per one hundred pounds (100 lbs.) per day or fraction of a day on freight in less than carloads, with a minimum charge of five cents (5¢) for any one (1) package, after the expiration of the twenty-four (24) hours. However, not more than five dollars ($5.00) per day shall be charged for any one (1) consignment not in excess of a carload.

Acts 1907, No. 193, § 3, p. 453; C. & M. Dig., § 897; Pope's Dig., § 1101; A.S.A. 1947, § 73-1312.
Ark. Code Ann. § 23-55-805 — AR Code / Title 23 / Chapter 55 / Section 23-55-805
Civil penalties
Status: in_force

The commissioner may assess a civil penalty against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus this State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees. Acts 2007, No. 1595, § 1.

The commissioner may assess a civil penalty against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus this State's costs and expenses for the investigation and prosecution of the matter, including reasonable attorney's fees.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-63-1802 — AR Code / Title 23 / Chapter 63 / Subchapter 18 / Section 23-63-1802
Time for recoupment
Status: in_force

(a) (1) Except in cases of fraud committed by a healthcare provider, a healthcare insurer may exercise recoupment from a healthcare provider only during the eighteen-month period after the date that the healthcare insurer paid the claim submitted by the healthcare provider. (2) A healthcare provider may submit a corrected claim for up to six (6) months after recoupment for services that were actually provided but billed in error without the intent to defraud. (b) (1) A healthcare insurer that exercises recoupment under this section shall give the healthcare provider a written or electronic statement specifying the basis for the recoupment. (2) At a minimum, the statement shall contain the information required by § 23-63-1804 . Amended by Act 2019, No. 940,§ 3, eff. 7/24/2019. Acts 2005, No. 422, § 1.

(a) (1) Except in cases of fraud committed by a healthcare provider, a healthcare insurer may exercise recoupment from a healthcare provider only during the eighteen-month period after the date that the healthcare insurer paid the claim submitted by the healthcare provider. (2) A healthcare provider may submit a corrected claim for up to six (6) months after recoupment for services that were actually provided but billed in error without the intent to defraud.

(1) Except in cases of fraud committed by a healthcare provider, a healthcare insurer may exercise recoupment from a healthcare provider only during the eighteen-month period after the date that the healthcare insurer paid the claim submitted by the healthcare provider.

(2) A healthcare provider may submit a corrected claim for up to six (6) months after recoupment for services that were actually provided but billed in error without the intent to defraud.

(b) (1) A healthcare insurer that exercises recoupment under this section shall give the healthcare provider a written or electronic statement specifying the basis for the recoupment. (2) At a minimum, the statement shall contain the information required by § 23-63-1804 .

(1) A healthcare insurer that exercises recoupment under this section shall give the healthcare provider a written or electronic statement specifying the basis for the recoupment.

(2) At a minimum, the statement shall contain the information required by § 23-63-1804 .

Amended by Act 2019, No. 940,§ 3, eff. 7/24/2019.

Acts 2005, No. 422, § 1.
Ark. Code Ann. § 23-67-401 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Use of Credit Information in Personal Insurance Act". Acts 2003, No. 1452, § 2.

This subchapter shall be known and may be cited as the "Use of Credit Information in Personal Insurance Act".

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-4-611 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-611
Railroads - Short lines
Status: in_force

(a) Railroad companies having roads not exceeding fifty (50) miles in length may charge for loading, carrying, and unloading freights at a rate of not more than forty cents (40¢) per one hundred pounds (100 lbs.) for any distance. (b) (1) The rates charged by any company may be reduced by the Arkansas Department of Transportation whenever it appears that the net annual profits of the company exceed ten percent (10%) of the amount of capital actually invested. (2) However, the rates shall not be reduced so as to reduce the net annual profits of such a company below ten percent (10%) of the amount of its capital actually invested. (c) (1) If any railroad company shall charge more than the rates named in this section, the person paying the charges may recover from that railroad company five (5) times the sum so charged, together with the costs of the action, by action before a justice of the peace or other court having jurisdiction. (2) Service of summons in such an action may be made by delivering a copy of the summons to any agent of the company. Amended by Act 2017, No. 707,§ 117, eff. 8/1/2017. Acts 1881, No. 42, §§ 1-3, p. 78; C. & M. Dig., §§ 869-871; Pope's Dig., §§ 1073-1075; A.S.A. 1947, §§ 73-1421 -- 73-1423.

(a) Railroad companies having roads not exceeding fifty (50) miles in length may charge for loading, carrying, and unloading freights at a rate of not more than forty cents (40¢) per one hundred pounds (100 lbs.) for any distance.

(b) (1) The rates charged by any company may be reduced by the Arkansas Department of Transportation whenever it appears that the net annual profits of the company exceed ten percent (10%) of the amount of capital actually invested. (2) However, the rates shall not be reduced so as to reduce the net annual profits of such a company below ten percent (10%) of the amount of its capital actually invested.

(1) The rates charged by any company may be reduced by the Arkansas Department of Transportation whenever it appears that the net annual profits of the company exceed ten percent (10%) of the amount of capital actually invested.

(2) However, the rates shall not be reduced so as to reduce the net annual profits of such a company below ten percent (10%) of the amount of its capital actually invested.

(c) (1) If any railroad company shall charge more than the rates named in this section, the person paying the charges may recover from that railroad company five (5) times the sum so charged, together with the costs of the action, by action before a justice of the peace or other court having jurisdiction. (2) Service of summons in such an action may be made by delivering a copy of the summons to any agent of the company.

(1) If any railroad company shall charge more than the rates named in this section, the person paying the charges may recover from that railroad company five (5) times the sum so charged, together with the costs of the action, by action before a justice of the peace or other court having jurisdiction.

(2) Service of summons in such an action may be made by delivering a copy of the summons to any agent of the company.

Amended by Act 2017, No. 707,§ 117, eff. 8/1/2017.

Acts 1881, No. 42, §§ 1-3, p. 78; C. & M. Dig., §§ 869-871; Pope's Dig., §§ 1073-1075; A.S.A. 1947, §§ 73-1421 -- 73-1423.
Ark. Code Ann. § 23-112-101 — AR Code / Title 23 / Chapter 112 / Subchapter 1 / Section 23-112-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Motor Vehicle Commission Act". Acts 1975, No. 388, § 1; A.S.A. 1947, § 75-2301.

This chapter shall be known and may be cited as the "Arkansas Motor Vehicle Commission Act".

Acts 1975, No. 388, § 1; A.S.A. 1947, § 75-2301.
Ark. Code Ann. § 23-79-803 — AR Code / Title 23 / Chapter 79 / Subchapter 8 / Section 23-79-803
Requirements relating to offering a health benefits plan not subject to state-mandated health benefits
Status: in_force

(a) Every group accident and health insurer, hospital and medical service corporation, or health maintenance organization transacting health or accident and health insurance in this state may offer, as an option, a group health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on group health benefits plans under state law. (b) Every accident and health insurer transacting individual major medical insurance in this state may offer, as an option, an individual health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on individual health benefit plans under state law. (c) In each sale of health policies or health contracts in which the proposed insured has selected a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits, the accident and health insurer, hospital and medical service corporation, or health maintenance organization shall provide to the policyholder and to each certificate holder of a group health benefit plan a written notice, in a form and manner required by rule promulgated by the Insurance Commissioner, that one (1) or more of the mandated benefits are not included in the health benefit plan selected by the policyholder. Amended by Act 2019, No. 315,§ 2720, eff. 7/24/2019. Acts 2001, No. 924, § 3; 2003, No. 1359, § 1.

(a) Every group accident and health insurer, hospital and medical service corporation, or health maintenance organization transacting health or accident and health insurance in this state may offer, as an option, a group health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on group health benefits plans under state law.

(b) Every accident and health insurer transacting individual major medical insurance in this state may offer, as an option, an individual health benefits plan that, either in whole or in part, does not provide state-mandated health benefits on individual health benefit plans under state law.

(c) In each sale of health policies or health contracts in which the proposed insured has selected a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits, the accident and health insurer, hospital and medical service corporation, or health maintenance organization shall provide to the policyholder and to each certificate holder of a group health benefit plan a written notice, in a form and manner required by rule promulgated by the Insurance Commissioner, that one (1) or more of the mandated benefits are not included in the health benefit plan selected by the policyholder.

Amended by Act 2019, No. 315,§ 2720, eff. 7/24/2019.

Acts 2001, No. 924, § 3; 2003, No. 1359, § 1.
Ark. Code Ann. § 23-4-408 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-408
Interim implementation of suspended rates
Status: in_force

(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Public Service Commission narrating the alleged circumstances and requesting a hearing on the petition. (b) The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the commission and the utility. (c) If the commission finds at the hearing that there is substantial merit to the allegation of the utility's claims, the commission may permit all or a portion of the rate to become effective if there is filed with the commission a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested. (d) The findings of the commission relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

(a) If the public utility contends that an immediate and impelling necessity exists for the requested rate increase, a petition may be filed with the Arkansas Public Service Commission narrating the alleged circumstances and requesting a hearing on the petition.

(b) The hearing must commence within thirty (30) days from the date of the filing of the petition or at such subsequent time as may be mutually agreeable to the commission and the utility.

(c) If the commission finds at the hearing that there is substantial merit to the allegation of the utility's claims, the commission may permit all or a portion of the rate to become effective if there is filed with the commission a bond to be approved by it, payable to the State of Arkansas in such amount and with such sufficient security to insure the prompt payment of any damages or refunds, with interest, to the persons entitled thereto if the rate so put into effect is finally determined to be excessive or if there is substituted for the bond other arrangements satisfactory to the commission for the protection of the parties interested.

(d) The findings of the commission relative to the petition of the utility for the immediate and impelling necessity for relief shall be issued on or before the sixtieth day following the date of filing of the petition.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1985, No. 523, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-48-105 — AR Code / Title 23 / Chapter 48 / Subchapter 1 / Section 23-48-105
Agents for affiliate - Definitions
Status: in_force

(a) (1) As used in this section, "institution" means a bank, savings and loan association, or savings bank organized under the laws of any state or the United States. (2) For the purpose of determining what constitutes an affiliated institution in this section, "control", as it pertains to the definition of "affiliate", has the meaning set forth in § 2(a)(2) of the Bank Holding Company Act of 1956, 12 U.S.C. § 1841 . (b) Any state bank may, upon compliance with the requirements of this section, agree to receive deposits, renew time deposits, close loans, service loans, receive payments on loans and other obligations, perform such other services as may receive the prior approval of the Bank Commissioner, and act as an agent for any affiliated institution. (c) A state bank that proposes to enter into an agency agreement under this section shall, prior to entering into such an agreement, file with the commissioner: (1) A notice of intention to enter into an agency agreement with an affiliated institution; (2) A description of the services proposed to be performed under the agency agreement; and (3) A copy of the agency agreement. (d) (1) If any proposed service is not specifically designated in subsection (b) of this section, and has not previously been approved in a State Bank Department rule, the commissioner shall decide whether to approve the offering of the service after receipt of the notice required in subsection (c) of this section. (2) In deciding whether to approve any proposed service that is not specifically designated in subsection (b) of this section, the commissioner shall consider whether the service would be consistent with applicable federal and state law and the safety and soundness of the principal and agent institutions. (e) A state bank may not under an agency agreement: (1) Conduct any activity as an agent that it would be prohibited from conducting as a principal under applicable state or federal law; or (2) Have an agent conduct any activity that the state bank, as principal, would be prohibited from conducting under applicable state or federal law. (f) The commissioner may order a state bank or any other institution subject to the commissioner's enforcement powers to cease acting as an agent or principal under any agency agreement that the commissioner finds to be inconsistent with safe and sound banking practices. (g) Notwithstanding any other provision of the law of this state, a state bank acting as an agent for an affiliated institution in accordance with this section shall not be considered to be a branch of that institution. Amended by Act 2019, No. 315,§ 2540, eff. 7/24/2019. Acts 1997, No. 89, § 1.

(a) (1) As used in this section, "institution" means a bank, savings and loan association, or savings bank organized under the laws of any state or the United States. (2) For the purpose of determining what constitutes an affiliated institution in this section, "control", as it pertains to the definition of "affiliate", has the meaning set forth in § 2(a)(2) of the Bank Holding Company Act of 1956, 12 U.S.C. § 1841 .

(1) As used in this section, "institution" means a bank, savings and loan association, or savings bank organized under the laws of any state or the United States.

(2) For the purpose of determining what constitutes an affiliated institution in this section, "control", as it pertains to the definition of "affiliate", has the meaning set forth in § 2(a)(2) of the Bank Holding Company Act of 1956, 12 U.S.C. § 1841 .

(b) Any state bank may, upon compliance with the requirements of this section, agree to receive deposits, renew time deposits, close loans, service loans, receive payments on loans and other obligations, perform such other services as may receive the prior approval of the Bank Commissioner, and act as an agent for any affiliated institution.

(c) A state bank that proposes to enter into an agency agreement under this section shall, prior to entering into such an agreement, file with the commissioner: (1) A notice of intention to enter into an agency agreement with an affiliated institution; (2) A description of the services proposed to be performed under the agency agreement; and (3) A copy of the agency agreement.

(1) A notice of intention to enter into an agency agreement with an affiliated institution;

(2) A description of the services proposed to be performed under the agency agreement; and

(3) A copy of the agency agreement.

(d) (1) If any proposed service is not specifically designated in subsection (b) of this section, and has not previously been approved in a State Bank Department rule, the commissioner shall decide whether to approve the offering of the service after receipt of the notice required in subsection (c) of this section. (2) In deciding whether to approve any proposed service that is not specifically designated in subsection (b) of this section, the commissioner shall consider whether the service would be consistent with applicable federal and state law and the safety and soundness of the principal and agent institutions.

(1) If any proposed service is not specifically designated in subsection (b) of this section, and has not previously been approved in a State Bank Department rule, the commissioner shall decide whether to approve the offering of the service after receipt of the notice required in subsection (c) of this section.

(2) In deciding whether to approve any proposed service that is not specifically designated in subsection (b) of this section, the commissioner shall consider whether the service would be consistent with applicable federal and state law and the safety and soundness of the principal and agent institutions.

(e) A state bank may not under an agency agreement: (1) Conduct any activity as an agent that it would be prohibited from conducting as a principal under applicable state or federal law; or (2) Have an agent conduct any activity that the state bank, as principal, would be prohibited from conducting under applicable state or federal law.

(1) Conduct any activity as an agent that it would be prohibited from conducting as a principal under applicable state or federal law; or

(2) Have an agent conduct any activity that the state bank, as principal, would be prohibited from conducting under applicable state or federal law.

(f) The commissioner may order a state bank or any other institution subject to the commissioner's enforcement powers to cease acting as an agent or principal under any agency agreement that the commissioner finds to be inconsistent with safe and sound banking practices.

(g) Notwithstanding any other provision of the law of this state, a state bank acting as an agent for an affiliated institution in accordance with this section shall not be considered to be a branch of that institution.

Amended by Act 2019, No. 315,§ 2540, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-75-122 — AR Code / Title 23 / Chapter 75 / Section 23-75-122
Conversion to legal reserve mutual life insurer
Status: in_force

(a) A hospital and medical service corporation, as defined in § 23-75-101 , may be converted to a legal reserve mutual life insurer, as defined in § 23-69-102 , under a plan or procedure which shall be approved by the order of the Insurance Commissioner. (b) The commissioner shall approve any such plan or procedure if he or she finds that the plan: (1) Would not be contrary to law and would not be contrary to the interests of subscribers or contract holders or to the public; (2) Has been approved by the corporation in accordance with its articles of incorporation, bylaws, and with the law; (3) Provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and (4) Provides for the protection of all existing contractual rights of the corporation's subscribers or contract holders for medical and hospital service or case or claims for reimbursement therefor, and for the mutualizing insurer to assume, without reincorporation, all assets and liabilities of the corporation. (c) Upon conversion, the corporation will have the minimum surplus required of legal reserve mutual life insurers. (d) Upon completion of its conversion to a legal reserve mutual life insurer as provided in this section, the corporation shall be subject to and comply with all laws and rules applicable to legal reserve mutual life insurers. (e) The corporation shall have the period of time which shall be specified in the commissioner's order to complete its conversion to a legal reserve mutual life insurer. Amended by Act 2019, No. 315,§ 2697, eff. 7/24/2019. Acts 1985, No. 997, §§ 1-3; A.S.A. 1947, §§ 66-4922 -- 66-4924.

(a) A hospital and medical service corporation, as defined in § 23-75-101 , may be converted to a legal reserve mutual life insurer, as defined in § 23-69-102 , under a plan or procedure which shall be approved by the order of the Insurance Commissioner.

(b) The commissioner shall approve any such plan or procedure if he or she finds that the plan: (1) Would not be contrary to law and would not be contrary to the interests of subscribers or contract holders or to the public; (2) Has been approved by the corporation in accordance with its articles of incorporation, bylaws, and with the law; (3) Provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and (4) Provides for the protection of all existing contractual rights of the corporation's subscribers or contract holders for medical and hospital service or case or claims for reimbursement therefor, and for the mutualizing insurer to assume, without reincorporation, all assets and liabilities of the corporation.

(1) Would not be contrary to law and would not be contrary to the interests of subscribers or contract holders or to the public;

(2) Has been approved by the corporation in accordance with its articles of incorporation, bylaws, and with the law;

(3) Provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and

(4) Provides for the protection of all existing contractual rights of the corporation's subscribers or contract holders for medical and hospital service or case or claims for reimbursement therefor, and for the mutualizing insurer to assume, without reincorporation, all assets and liabilities of the corporation.

(c) Upon conversion, the corporation will have the minimum surplus required of legal reserve mutual life insurers.

(d) Upon completion of its conversion to a legal reserve mutual life insurer as provided in this section, the corporation shall be subject to and comply with all laws and rules applicable to legal reserve mutual life insurers.

(e) The corporation shall have the period of time which shall be specified in the commissioner's order to complete its conversion to a legal reserve mutual life insurer.

Amended by Act 2019, No. 315,§ 2697, eff. 7/24/2019.

Acts 1985, No. 997, §§ 1-3; A.S.A. 1947, §§ 66-4922 -- 66-4924.
Ark. Code Ann. § 23-92-202 — AR Code / Title 23 / Chapter 92 / Subchapter 2 / Section 23-92-202
Written agreement required
Status: in_force

A third-party administrator may act in that capacity only if he or she has a written agreement with a self-insured plan or trust. The agreement shall be maintained by the third-party administrator and subject to review by the Insurance Commissioner. Acts 1985, No. 796, § 2; A.S.A. 1947, § 66-6004.

A third-party administrator may act in that capacity only if he or she has a written agreement with a self-insured plan or trust. The agreement shall be maintained by the third-party administrator and subject to review by the Insurance Commissioner.

Acts 1985, No. 796, § 2; A.S.A. 1947, § 66-6004.
Ark. Code Ann. § 23-70-105 — AR Code / Title 23 / Chapter 70 / Section 23-70-105
Surplus funds required
Status: in_force

(a) A domestic reciprocal insurer formed pursuant to this chapter, if it has otherwise complied with the applicable provisions of the Arkansas Insurance Code, may be authorized to transact insurance if it has and maintains surplus funds as follows: (1) To transact property insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ; (2) To transact casualty insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ; and (3) The surplus funds required in this subsection shall be deposited or adjusted by the July 1 following the filing of the annual statement. (b) In addition to surplus required to be maintained under subsection (a) of this section, the insurer shall have, when first so authorized, expendable surplus in an amount as required of a like foreign reciprocal insurer under § 23-63-207 . (c) A domestic reciprocal insurer may be authorized to transact additional kinds of insurance if it has otherwise complied with the provisions of the Arkansas Insurance Code therefor and possesses and so maintains surplus funds in an amount equal to the minium capital stock required of a stock insurer for authority to transact a like combination of kinds of insurance. Acts 1959, No. 148, § 516; A.S.A. 1947, § 66-4307; Acts 2001, No. 1555, § 11.

(a) A domestic reciprocal insurer formed pursuant to this chapter, if it has otherwise complied with the applicable provisions of the Arkansas Insurance Code, may be authorized to transact insurance if it has and maintains surplus funds as follows: (1) To transact property insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ; (2) To transact casualty insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ; and (3) The surplus funds required in this subsection shall be deposited or adjusted by the July 1 following the filing of the annual statement.

(1) To transact property insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ;

(2) To transact casualty insurance, surplus funds of not less than the amount required of a foreign reciprocal insurer under § 23-63-205 ; and

(3) The surplus funds required in this subsection shall be deposited or adjusted by the July 1 following the filing of the annual statement.

(b) In addition to surplus required to be maintained under subsection (a) of this section, the insurer shall have, when first so authorized, expendable surplus in an amount as required of a like foreign reciprocal insurer under § 23-63-207 .

(c) A domestic reciprocal insurer may be authorized to transact additional kinds of insurance if it has otherwise complied with the provisions of the Arkansas Insurance Code therefor and possesses and so maintains surplus funds in an amount equal to the minium capital stock required of a stock insurer for authority to transact a like combination of kinds of insurance.

Acts 1959, No. 148, § 516; A.S.A. 1947, § 66-4307; Acts 2001, No. 1555, § 11.
Ark. Code Ann. § 23-13-603 — AR Code / Title 23 / Chapter 13 / Subchapter 6 / Section 23-13-603
Implementation and administration duties
Status: in_force

(a) The Secretary of the Department of Finance and Administration has oversight over the implementation and administration of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq. (b) The secretary is vested with the following powers and has the following duties: (1) To promulgate such regulations as are necessary to participate in the Unified Carrier Registration Agreement; (2) To collect and remit such fees as determined by the Unified Carrier Registration Plan Board of Directors; (3) To cooperate with the various law enforcement agencies to ensure compliance with and enforcement of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and regulations; and (4) To do all things necessary, pursuant to the state and federal law, to enable this state to participate in the Unified Carrier Registration Agreement. Amended by Act 2019, No. 910,§ 3509, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3508, eff. 7/1/2019. Acts 2007, No. 232, § 2; 2009, No. 164, § 4.

(a) The Secretary of the Department of Finance and Administration has oversight over the implementation and administration of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq.

(b) The secretary is vested with the following powers and has the following duties: (1) To promulgate such regulations as are necessary to participate in the Unified Carrier Registration Agreement; (2) To collect and remit such fees as determined by the Unified Carrier Registration Plan Board of Directors; (3) To cooperate with the various law enforcement agencies to ensure compliance with and enforcement of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and regulations; and (4) To do all things necessary, pursuant to the state and federal law, to enable this state to participate in the Unified Carrier Registration Agreement.

(1) To promulgate such regulations as are necessary to participate in the Unified Carrier Registration Agreement;

(2) To collect and remit such fees as determined by the Unified Carrier Registration Plan Board of Directors;

(3) To cooperate with the various law enforcement agencies to ensure compliance with and enforcement of the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and regulations; and

(4) To do all things necessary, pursuant to the state and federal law, to enable this state to participate in the Unified Carrier Registration Agreement.

Amended by Act 2019, No. 910,§ 3509, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3508, eff. 7/1/2019.

Acts 2007, No. 232, § 2; 2009, No. 164, § 4.
Ark. Code Ann. § 23-14-108 — AR Code / Title 23 / Chapter 14 / Section 23-14-108
Pecuniary interest by employees prohibited
Status: in_force

No member of the Arkansas Department of Transportation or any employee of the department appointed or employed in the administration of this chapter shall in any manner have a pecuniary interest in, own any securities of, or hold any position with any common carrier by aircraft. Amended by Act 2017, No. 707,§ 238, eff. 8/1/2017. Acts 1945, No. 252, § 4; A.S.A. 1947, § 74-404.

No member of the Arkansas Department of Transportation or any employee of the department appointed or employed in the administration of this chapter shall in any manner have a pecuniary interest in, own any securities of, or hold any position with any common carrier by aircraft.

Amended by Act 2017, No. 707,§ 238, eff. 8/1/2017.

Acts 1945, No. 252, § 4; A.S.A. 1947, § 74-404.
Ark. Code Ann. § 23-36-115 — AR Code / Title 23 / Chapter 36 / Section 23-36-115
Dividends
Status: in_force

An industrial loan institution operating under this chapter may, under proper authority from the board of directors of the industrial loan institution, declare a dividend of so much of the net profits of the industrial loan institution, after providing for all expenses, losses, reserves, interest, and taxes accrued or due by the industrial loan institution, as they shall judge expedient. However, before any dividend is declared, not less than one-tenth (1/10) of the net profits of the industrial loan institution for the preceding one-half (1/2) year or for the period covered by the dividend shall be carried to a surplus fund, until the surplus fund shall amount to fifty percent (50%) of the par value of the common stock of the industrial loan institution. Acts 1941, No. 111, § 15; A.S.A. 1947, § 67-1015.

An industrial loan institution operating under this chapter may, under proper authority from the board of directors of the industrial loan institution, declare a dividend of so much of the net profits of the industrial loan institution, after providing for all expenses, losses, reserves, interest, and taxes accrued or due by the industrial loan institution, as they shall judge expedient. However, before any dividend is declared, not less than one-tenth (1/10) of the net profits of the industrial loan institution for the preceding one-half (1/2) year or for the period covered by the dividend shall be carried to a surplus fund, until the surplus fund shall amount to fifty percent (50%) of the par value of the common stock of the industrial loan institution.

Acts 1941, No. 111, § 15; A.S.A. 1947, § 67-1015.
Ark. Code Ann. § 23-64-103 — AR Code / Title 23 / Chapter 64 / Subchapter 1 / Section 23-64-103
Exceptions to definitions
Status: in_force

The definitions contained in § 23-64-102 shall not be deemed to include the attorney-in-fact of a reciprocal insurer. Acts 1959, No. 148, § 150; A.S.A. 1947, § 66-2807; Acts 1997, No. 1004, § 1; 1999, No. 657, § 2; 2001, No. 580, § 4.

The definitions contained in § 23-64-102 shall not be deemed to include the attorney-in-fact of a reciprocal insurer.

Acts 1959, No. 148, § 150; A.S.A. 1947, § 66-2807; Acts 1997, No. 1004, § 1; 1999, No. 657, § 2; 2001, No. 580, § 4.
Ark. Code Ann. § 23-3-607 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-607
Denial of certificate
Status: in_force

Denial of a certificate under this subchapter does not preclude recovery of the cost of excess expenditures under rates or surcharges, or both, approved pursuant to a gas utility's general rate case or other proceeding in which the Arkansas Public Service Commission finds recovery of the cost of excess expenditures through rates or surcharges appropriate. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 7.

Denial of a certificate under this subchapter does not preclude recovery of the cost of excess expenditures under rates or surcharges, or both, approved pursuant to a gas utility's general rate case or other proceeding in which the Arkansas Public Service Commission finds recovery of the cost of excess expenditures through rates or surcharges appropriate.

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

Acts 1987, No. 150, § 7.
Ark. Code Ann. § 23-61-806 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-806
Rules
Status: in_force

(a) The Insurance Commissioner may promulgate rules to implement this subchapter. (b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the United States Secretary of Health and Human Services under the federal act. Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.

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

(b) Rules promulgated under this section shall not conflict with or prevent the application of regulations promulgated by the United States Secretary of Health and Human Services under the federal act.

Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 23-45-104 — AR Code / Title 23 / Chapter 45 / Section 23-45-104
Unauthorized activity as a financial institution - Incorporation of industrial loan institutions prohibited - Individuals and partnerships not to transact general commercial banking business
Status: in_force

(a) From and after May 31, 1997: (1) It shall be unlawful for any person, by whatever name called, to do business as a bank within this state or to maintain any office in this state for the purpose of doing such business, except state banks, registered out-of-state banks, and national banks chartered to do business in this state; (2) (A) No certificate of incorporation for a new state bank in this state shall be issued, and no new state bank shall be permitted to engage in business within Arkansas except by permission of the Bank Commissioner and upon approval of an application for a new state bank charter by the commissioner and the State Banking Board. (B) The issuance of the certificate shall be within the sole discretion of the commissioner and the board, and the giving of the permission shall be within the sole discretion of the commissioner; (3) Whenever it shall appear to the commissioner that any person is conducting business as a state bank without authority, the commissioner may determine that the person is fully subject to the commissioner's supervisory and regulatory powers and to the provisions of the Arkansas Banking Code of 1997; (4) No new industrial loan institution shall be incorporated in this state; and (5) No partnership or individual or other unincorporated person may lawfully transact a general commercial banking business in this state. (b) Nothing in this section shall be construed to prohibit or interfere with the operations of duly and lawfully organized savings and loan associations or credit unions qualified to do business in this state. Acts 1997, No. 89, § 1; 1997, No. 408, § 2; 1997, No. 940, § 112.

(a) From and after May 31, 1997: (1) It shall be unlawful for any person, by whatever name called, to do business as a bank within this state or to maintain any office in this state for the purpose of doing such business, except state banks, registered out-of-state banks, and national banks chartered to do business in this state; (2) (A) No certificate of incorporation for a new state bank in this state shall be issued, and no new state bank shall be permitted to engage in business within Arkansas except by permission of the Bank Commissioner and upon approval of an application for a new state bank charter by the commissioner and the State Banking Board. (B) The issuance of the certificate shall be within the sole discretion of the commissioner and the board, and the giving of the permission shall be within the sole discretion of the commissioner; (3) Whenever it shall appear to the commissioner that any person is conducting business as a state bank without authority, the commissioner may determine that the person is fully subject to the commissioner's supervisory and regulatory powers and to the provisions of the Arkansas Banking Code of 1997; (4) No new industrial loan institution shall be incorporated in this state; and (5) No partnership or individual or other unincorporated person may lawfully transact a general commercial banking business in this state.

(1) It shall be unlawful for any person, by whatever name called, to do business as a bank within this state or to maintain any office in this state for the purpose of doing such business, except state banks, registered out-of-state banks, and national banks chartered to do business in this state;

(2) (A) No certificate of incorporation for a new state bank in this state shall be issued, and no new state bank shall be permitted to engage in business within Arkansas except by permission of the Bank Commissioner and upon approval of an application for a new state bank charter by the commissioner and the State Banking Board. (B) The issuance of the certificate shall be within the sole discretion of the commissioner and the board, and the giving of the permission shall be within the sole discretion of the commissioner;

(A) No certificate of incorporation for a new state bank in this state shall be issued, and no new state bank shall be permitted to engage in business within Arkansas except by permission of the Bank Commissioner and upon approval of an application for a new state bank charter by the commissioner and the State Banking Board.

(B) The issuance of the certificate shall be within the sole discretion of the commissioner and the board, and the giving of the permission shall be within the sole discretion of the commissioner;

(3) Whenever it shall appear to the commissioner that any person is conducting business as a state bank without authority, the commissioner may determine that the person is fully subject to the commissioner's supervisory and regulatory powers and to the provisions of the Arkansas Banking Code of 1997;

(4) No new industrial loan institution shall be incorporated in this state; and

(5) No partnership or individual or other unincorporated person may lawfully transact a general commercial banking business in this state.

(b) Nothing in this section shall be construed to prohibit or interfere with the operations of duly and lawfully organized savings and loan associations or credit unions qualified to do business in this state.

Acts 1997, No. 89, § 1; 1997, No. 408, § 2; 1997, No. 940, § 112.
Ark. Code Ann. § 23-51-116 — AR Code / Title 23 / Chapter 51 / Section 23-51-116
Change in outstanding capital and surplus
Status: in_force

(a) A state trust company may not reduce or increase its outstanding capital through dividend, redemption, issuance of shares or otherwise, without the prior approval of the Bank Commissioner, except as permitted by this section or rules adopted under this chapter. (b) Unless otherwise restricted by rules, prior approval is not required for an increase in capital accomplished through: (1) Issuance of shares of common stock for cash; (2) Declaration and payment of pro rata share dividends as defined in the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.; or (3) Adoption by the board of a resolution directing that all or part of undivided profits be transferred to capital. (c) Prior approval is not required for a decrease in surplus caused by incurred losses in excess of undivided profits. Amended by Act 2019, No. 315,§ 2572, eff. 7/24/2019. Acts 1997, No. 940, § 16.

(a) A state trust company may not reduce or increase its outstanding capital through dividend, redemption, issuance of shares or otherwise, without the prior approval of the Bank Commissioner, except as permitted by this section or rules adopted under this chapter.

(b) Unless otherwise restricted by rules, prior approval is not required for an increase in capital accomplished through: (1) Issuance of shares of common stock for cash; (2) Declaration and payment of pro rata share dividends as defined in the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.; or (3) Adoption by the board of a resolution directing that all or part of undivided profits be transferred to capital.

(1) Issuance of shares of common stock for cash;

(2) Declaration and payment of pro rata share dividends as defined in the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.; or

(3) Adoption by the board of a resolution directing that all or part of undivided profits be transferred to capital.

(c) Prior approval is not required for a decrease in surplus caused by incurred losses in excess of undivided profits.

Amended by Act 2019, No. 315,§ 2572, eff. 7/24/2019.

Acts 1997, No. 940, § 16.
Ark. Code Ann. § 23-32-503 — AR Code / Title 23 / Chapter 32 / Subchapter 5 / Section 23-32-503
Forms
Status: in_force

A contract of deposit that substantially contains the following form establishes an agency account, and the account is governed by the provisions of this subchapter applicable to agency accounts: Click here to view form. Acts 1997, No. 85, § 3.

A contract of deposit that substantially contains the following form establishes an agency account, and the account is governed by the provisions of this subchapter applicable to agency accounts:

Click here to view form.

Acts 1997, No. 85, § 3.

32_503_1 - Attachment
Ark. Code Ann. § 23-11-213 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-213
Board of directors - Members
Status: in_force

(a) The directors of every railroad corporation shall have the power to make bylaws, and the bylaws shall provide for a board of directors composed of not fewer than three (3) persons. (b) (1) Directors shall be chosen at the stockholders' meeting by ballot and by a majority of the votes of the stockholders being present in person or by proxy. (2) Every stockholder who is present, in person or by proxy, at the election or at any subsequent election of directors shall be entitled to vote the number of shares of stock which he or she owns for as many persons as there are directors to be elected, or to cumulate his or her shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock which he or she owns shall equal, or to distribute them on the same principle among as many candidates as he or she shall determine. (c) The directors shall serve for terms of one (1) year and until their successors are elected and qualified. Acts 1959, No. 30, §§ 9, 14; A.S.A. 1947, §§ 73-324.1, 73-328.1.

(a) The directors of every railroad corporation shall have the power to make bylaws, and the bylaws shall provide for a board of directors composed of not fewer than three (3) persons.

(b) (1) Directors shall be chosen at the stockholders' meeting by ballot and by a majority of the votes of the stockholders being present in person or by proxy. (2) Every stockholder who is present, in person or by proxy, at the election or at any subsequent election of directors shall be entitled to vote the number of shares of stock which he or she owns for as many persons as there are directors to be elected, or to cumulate his or her shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock which he or she owns shall equal, or to distribute them on the same principle among as many candidates as he or she shall determine.

(1) Directors shall be chosen at the stockholders' meeting by ballot and by a majority of the votes of the stockholders being present in person or by proxy.

(2) Every stockholder who is present, in person or by proxy, at the election or at any subsequent election of directors shall be entitled to vote the number of shares of stock which he or she owns for as many persons as there are directors to be elected, or to cumulate his or her shares so as to give one (1) candidate as many votes as the number of directors multiplied by the number of shares of stock which he or she owns shall equal, or to distribute them on the same principle among as many candidates as he or she shall determine.

(c) The directors shall serve for terms of one (1) year and until their successors are elected and qualified.

Acts 1959, No. 30, §§ 9, 14; A.S.A. 1947, §§ 73-324.1, 73-328.1.
Ark. Code Ann. § 23-112-318 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-318
Negative equity financing and disclosures permitted
Status: in_force

A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to: (1) (A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the purchaser of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the credit sale transaction; or (2) (A) Pay in connection with a lease transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the lessee of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the amount to be paid by the lessee under the lease transaction. Acts 2007, No. 649, § 1.

A new or used motor vehicle dealer or a new or used motor vehicle lessor is not required to be licensed by the State Bank Department in order to:

(1) (A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the purchaser of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the credit sale transaction; or

(A) Pay in connection with a credit sale transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the purchaser of a new or used motor vehicle.

(B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the credit sale transaction; or

(2) (A) Pay in connection with a lease transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the lessee of a new or used motor vehicle. (B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the amount to be paid by the lessee under the lease transaction.

(A) Pay in connection with a lease transaction, any amount necessary to satisfy a lease, a security interest, or a lien upon a motor vehicle that is either returned or traded in to the new or used motor vehicle dealer or the new or used motor vehicle lessor by the lessee of a new or used motor vehicle.

(B) The amount paid by the new or used motor vehicle dealer or by the new or used motor vehicle lessor may be included and disclosed as part of the amount to be paid by the lessee under the lease transaction.

Acts 2007, No. 649, § 1.
Ark. Code Ann. § 23-61-1105 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1105
Embalmers and funeral directors
Status: in_force

(a) The Insurance Commissioner or a person appointed or employed by the commissioner shall: (1) Have general supervision over field inspection and enforcement of this subchapter and § 17-29-301 et seq.; (2) Make public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices; (3) Maintain a record of the licensee and business name and address of every person licensed under § 17-29-301 et seq., including the license number, date of the license, and the renewal date of the license; (4) On request, supply a list of every person and funeral establishment licensed under § 17-29-301 et seq., to a person licensed as an embalmer or funeral director, to a common carrier in this state, to a hospital licensed in this state, or to any other person authorized by law to receive the list; (5) Hold all moneys received by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to pay the necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.; and § 23-78-101 et seq.; (6) If applicable, receive and be paid an annual salary not to exceed the amount authorized by law; and (7) Charge and collect a criminal background check processing fee in an amount necessary to recover the charge imposed by the Division of Arkansas State Police to conduct a criminal background check for a person applying for an initial license under § 17-29-301 et seq. (b) The board may promulgate rules reasonably necessary to reflect any changes in the law as adopted by the United States Congress or any appropriate agency of the United States Government as it affects funeral establishments, funeral directors, or embalmers and for the purpose of keeping this law consistent with, and compatible to, the laws of the United States. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) The Insurance Commissioner or a person appointed or employed by the commissioner shall: (1) Have general supervision over field inspection and enforcement of this subchapter and § 17-29-301 et seq.; (2) Make public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices; (3) Maintain a record of the licensee and business name and address of every person licensed under § 17-29-301 et seq., including the license number, date of the license, and the renewal date of the license; (4) On request, supply a list of every person and funeral establishment licensed under § 17-29-301 et seq., to a person licensed as an embalmer or funeral director, to a common carrier in this state, to a hospital licensed in this state, or to any other person authorized by law to receive the list; (5) Hold all moneys received by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to pay the necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.; and § 23-78-101 et seq.; (6) If applicable, receive and be paid an annual salary not to exceed the amount authorized by law; and (7) Charge and collect a criminal background check processing fee in an amount necessary to recover the charge imposed by the Division of Arkansas State Police to conduct a criminal background check for a person applying for an initial license under § 17-29-301 et seq.

(1) Have general supervision over field inspection and enforcement of this subchapter and § 17-29-301 et seq.;

(2) Make public the procedures for making inquiries into the practice of funeral directors or embalmers and for making complaints concerning the practices;

(3) Maintain a record of the licensee and business name and address of every person licensed under § 17-29-301 et seq., including the license number, date of the license, and the renewal date of the license;

(4) On request, supply a list of every person and funeral establishment licensed under § 17-29-301 et seq., to a person licensed as an embalmer or funeral director, to a common carrier in this state, to a hospital licensed in this state, or to any other person authorized by law to receive the list;

(5) Hold all moneys received by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services to pay the necessary and allowable expenses for the operation of the board in carrying out the provisions of this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.; and § 23-78-101 et seq.;

(6) If applicable, receive and be paid an annual salary not to exceed the amount authorized by law; and

(7) Charge and collect a criminal background check processing fee in an amount necessary to recover the charge imposed by the Division of Arkansas State Police to conduct a criminal background check for a person applying for an initial license under § 17-29-301 et seq.

(b) The board may promulgate rules reasonably necessary to reflect any changes in the law as adopted by the United States Congress or any appropriate agency of the United States Government as it affects funeral establishments, funeral directors, or embalmers and for the purpose of keeping this law consistent with, and compatible to, the laws of the United States.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-48-326 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-326
Application of Arkansas Business Corporation Act
Status: in_force

(a) A state bank and a subsidiary trust company are subject to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to the extent that it is not in conflict with the Arkansas Banking Code of 1997. (b) If the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., is in conflict with the Arkansas Banking Code of 1997, then the Arkansas Banking Code of 1997 shall control. (c) Annual or special shareholders' meetings may be held by corporations or banks solely or partially through remote communication if authorized by the corporation's or bank's board of directors. Amended by Act 2021, No. 253,§ 5, eff. 3/4/2021. Acts 1997, No. 89, § 1.

(a) A state bank and a subsidiary trust company are subject to the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., to the extent that it is not in conflict with the Arkansas Banking Code of 1997.

(b) If the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq., is in conflict with the Arkansas Banking Code of 1997, then the Arkansas Banking Code of 1997 shall control.

(c) Annual or special shareholders' meetings may be held by corporations or banks solely or partially through remote communication if authorized by the corporation's or bank's board of directors.

Amended by Act 2021, No. 253,§ 5, eff. 3/4/2021.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-11-305 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-305
Consolidation when lines connect at state boundary line
Status: in_force

(a) Any railroad companies organized under the laws of this state whose roads connect at the boundary line of this state are authorized to consolidate and form one (1) company owning and controlling the consolidated line of road, with all the powers, rights, privileges, immunities, and franchises, and subject to all the obligations and liabilities, to the state or otherwise, which belonged to or rested upon either of the companies making the consolidation. (b) In order to accomplish the consolidation, the companies interested may enter into a contract fixing the terms and conditions thereof. (c) (1) A certified copy of the articles of agreement with the corporate name assumed by the new company shall be filed with the Secretary of State, at which time the consolidation shall be considered duly consummated. (2) A certified copy of the articles of agreement from the office of the Secretary of State shall be evidence of the consolidation. (d) The boards of directors of the consolidating companies may then proceed to carry out the contract according to its provisions, calling in and cancelling all stock issued by the consolidating companies. The board of directors of the new company shall issue stock in the new company in lieu of the cancelled stock in accordance with the terms of consolidation. Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., §§ 8514-8516, 8519; Pope's Dig., §§ 11090-11092, 11095; A.S.A. 1947, §§ 73-409 -- 73-412.

(a) Any railroad companies organized under the laws of this state whose roads connect at the boundary line of this state are authorized to consolidate and form one (1) company owning and controlling the consolidated line of road, with all the powers, rights, privileges, immunities, and franchises, and subject to all the obligations and liabilities, to the state or otherwise, which belonged to or rested upon either of the companies making the consolidation.

(b) In order to accomplish the consolidation, the companies interested may enter into a contract fixing the terms and conditions thereof.

(c) (1) A certified copy of the articles of agreement with the corporate name assumed by the new company shall be filed with the Secretary of State, at which time the consolidation shall be considered duly consummated. (2) A certified copy of the articles of agreement from the office of the Secretary of State shall be evidence of the consolidation.

(1) A certified copy of the articles of agreement with the corporate name assumed by the new company shall be filed with the Secretary of State, at which time the consolidation shall be considered duly consummated.

(2) A certified copy of the articles of agreement from the office of the Secretary of State shall be evidence of the consolidation.

(d) The boards of directors of the consolidating companies may then proceed to carry out the contract according to its provisions, calling in and cancelling all stock issued by the consolidating companies. The board of directors of the new company shall issue stock in the new company in lieu of the cancelled stock in accordance with the terms of consolidation.

Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., §§ 8514-8516, 8519; Pope's Dig., §§ 11090-11092, 11095; A.S.A. 1947, §§ 73-409 -- 73-412.
Ark. Code Ann. § 23-47-509 — AR Code / Title 23 / Chapter 47 / Subchapter 5 / Section 23-47-509
Loans to minors
Status: in_force

Whenever a minor borrows money from a bank for the purpose of defraying the expenses of his or her higher education or for necessaries, any contract, promissory note, loan agreement, or other loan instrument entered into by and between the bank and the minor shall constitute a valid contract between the bank and the minor and shall be binding upon the minor with like effect as if he or she were of full age and legal capacity. Acts 1997, No. 89, § 1.

Whenever a minor borrows money from a bank for the purpose of defraying the expenses of his or her higher education or for necessaries, any contract, promissory note, loan agreement, or other loan instrument entered into by and between the bank and the minor shall constitute a valid contract between the bank and the minor and shall be binding upon the minor with like effect as if he or she were of full age and legal capacity.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-93-107 — AR Code / Title 23 / Chapter 93 / Subchapter 1 / Section 23-93-107
Disclosure statement - Review
Status: in_force

(a) The State Insurance Department shall review the filed disclosure document for the following: (1) The completeness of the filing; and (2) The manner and method of computing the reserve. (b) The Insurance Commissioner shall notify a provider of any deficiency in the filing within sixty (60) days from the date of filing. If the provider is notified of deficiencies in the filing, reasonable time shall be allowed to the provider to correct the deficiencies. (c) No provider may offer continuing care contracts to the public during the initial sixty-day filing period or during the period allowed to correct deficiencies noted by the commissioner. (d) All disclosure statements shall be made available at the facility and the office of the commissioner for inspection by the citizens of this state upon request. Each resident of a facility shall be informed of the availability of the statement annually. (e) Each disclosure statement shall clearly state that: (1) A prospective or present resident shall rely solely upon the provider for the accuracy and completeness of the information contained in the disclosure statement; and (2) No independent investigation of the accuracy of the information has been conducted by the commissioner. Acts 1987, No. 329, § 4.

(a) The State Insurance Department shall review the filed disclosure document for the following: (1) The completeness of the filing; and (2) The manner and method of computing the reserve.

(1) The completeness of the filing; and

(2) The manner and method of computing the reserve.

(b) The Insurance Commissioner shall notify a provider of any deficiency in the filing within sixty (60) days from the date of filing. If the provider is notified of deficiencies in the filing, reasonable time shall be allowed to the provider to correct the deficiencies.

(c) No provider may offer continuing care contracts to the public during the initial sixty-day filing period or during the period allowed to correct deficiencies noted by the commissioner.

(d) All disclosure statements shall be made available at the facility and the office of the commissioner for inspection by the citizens of this state upon request. Each resident of a facility shall be informed of the availability of the statement annually.

(e) Each disclosure statement shall clearly state that: (1) A prospective or present resident shall rely solely upon the provider for the accuracy and completeness of the information contained in the disclosure statement; and (2) No independent investigation of the accuracy of the information has been conducted by the commissioner.

(1) A prospective or present resident shall rely solely upon the provider for the accuracy and completeness of the information contained in the disclosure statement; and

(2) No independent investigation of the accuracy of the information has been conducted by the commissioner.

Acts 1987, No. 329, § 4.
Ark. Code Ann. § 23-13-802 — AR Code / Title 23 / Chapter 13 / Subchapter 8 / Section 23-13-802
Airport authority - Definition
Status: in_force

(a) As used in this subchapter, "peer-to-peer car-sharing program" means a business platform that connects a motor vehicle owner with a motor vehicle driver to enable the sharing of a motor vehicle for financial consideration under the Peer-to-Peer Car-Sharing Program Act, § 27-25-101 et seq. (b) A municipal airport created under the Airport Commission Act, § 14-359-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-359-109 . (c) A regional airport authority under the Regional Airport Act, § 14-362-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-362-109 . Amended by Act 2023, No. 686,§ 1, eff. 8/1/2023. Added by Act 2021, No. 1042,§ 1, eff. 7/28/2021.

(a) As used in this subchapter, "peer-to-peer car-sharing program" means a business platform that connects a motor vehicle owner with a motor vehicle driver to enable the sharing of a motor vehicle for financial consideration under the Peer-to-Peer Car-Sharing Program Act, § 27-25-101 et seq.

(b) A municipal airport created under the Airport Commission Act, § 14-359-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-359-109 .

(c) A regional airport authority under the Regional Airport Act, § 14-362-101 et seq., may impose regulations, tolls, and fees on a peer-to-peer car-sharing program as authorized under § 14-362-109 .

Amended by Act 2023, No. 686,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 1042,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-64-605 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-605
[See Note] Certified application counselor license required
Status: in_force

(a) (1) A person shall not act as a certified application counselor in this state through a health insurance marketplace unless licensed under this subchapter and working for a marketplace-designated organization. (2) A health insurer or an affiliate of a health insurer is not an eligible entity. (b) A certified application counselor shall assist in enrolling a consumer in a qualified health plan through a health insurance marketplace. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) (1) A person shall not act as a certified application counselor in this state through a health insurance marketplace unless licensed under this subchapter and working for a marketplace-designated organization. (2) A health insurer or an affiliate of a health insurer is not an eligible entity.

(1) A person shall not act as a certified application counselor in this state through a health insurance marketplace unless licensed under this subchapter and working for a marketplace-designated organization.

(2) A health insurer or an affiliate of a health insurer is not an eligible entity.

(b) A certified application counselor shall assist in enrolling a consumer in a qualified health plan through a health insurance marketplace.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-68-120 — AR Code / Title 23 / Chapter 68 / Section 23-68-120
Attachment and garnishment of assets
Status: in_force

During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four (4) months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding. Acts 1959, No. 148, § 657; A.S.A. 1947, § 66-4820.

During the pendency of delinquency proceedings in this or any reciprocal state, no action or proceeding in the nature of an attachment, garnishment, or execution shall be commenced or maintained in the courts of this state against the delinquent insurer or its assets. Any lien obtained by any such action or proceeding within four (4) months prior to the commencement of any such delinquency proceeding or at any time thereafter shall be void as against any rights arising in such delinquency proceeding.

Acts 1959, No. 148, § 657; A.S.A. 1947, § 66-4820.
Ark. Code Ann. § 23-99-501 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-501
Short title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Mental Health Parity Act of 2009". Acts 1997, No. 1020, § 1; 2009, No. 1193, § 1.

This subchapter shall be known and may be cited as the "Arkansas Mental Health Parity Act of 2009".

Acts 1997, No. 1020, § 1; 2009, No. 1193, § 1.
Ark. Code Ann. § 23-90-118 — AR Code / Title 23 / Chapter 90 / Section 23-90-118
Issuance of new or renewal policies
Status: in_force

(a) An insolvent insurer placed in receivership for which assessments have been made under the provisions of this chapter shall not be authorized, upon release from receivership, to issue new or renewal insurance policies until such time as the insolvent insurer has repaid in full the entire amount advanced to it from the assessment fund set out in § 23-90-114 . However, upon application of the Arkansas Property and Casualty Advisory Association and after a hearing, the Insurance Commissioner may permit the issuance of new policies in accordance with a plan of operations by the released insurer for repayment of the advances. (b) In approving the plan, the commissioner may place such restrictions upon the issuance of new or renewal policies as the commissioner deems necessary to the implementation of the plan. (c) The commissioner shall give ten (10) days' notice of the hearing to the insurers to whom the participation receipts were issued for an assessment made for the benefit of the released insurer. The holders of the receipts shall be entitled to appear at and participate in the hearing. Acts 1977, No. 871, § 13; A.S.A. 1947, § 66-5513.

(a) An insolvent insurer placed in receivership for which assessments have been made under the provisions of this chapter shall not be authorized, upon release from receivership, to issue new or renewal insurance policies until such time as the insolvent insurer has repaid in full the entire amount advanced to it from the assessment fund set out in § 23-90-114 . However, upon application of the Arkansas Property and Casualty Advisory Association and after a hearing, the Insurance Commissioner may permit the issuance of new policies in accordance with a plan of operations by the released insurer for repayment of the advances.

(b) In approving the plan, the commissioner may place such restrictions upon the issuance of new or renewal policies as the commissioner deems necessary to the implementation of the plan.

(c) The commissioner shall give ten (10) days' notice of the hearing to the insurers to whom the participation receipts were issued for an assessment made for the benefit of the released insurer. The holders of the receipts shall be entitled to appear at and participate in the hearing.

Acts 1977, No. 871, § 13; A.S.A. 1947, § 66-5513.
Ark. Code Ann. § 23-60-111 — AR Code / Title 23 / Chapter 60 / Section 23-60-111
Civil liability
Status: in_force

(a) In the absence of fraud or bad faith, no civil cause of action of any nature shall arise against the person for supplying any information: (1) Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees; (2) Relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of the insurance laws of this state; or (3) Furnished in reports to the State Insurance Department, National Association of Insurance Commissioners, or any organization established to detect and prevent fraudulent insurance acts or their agents, employees, or designees. (b) Neither the Insurance Commissioner nor any employee of the department, in the absence of fraud or bad faith, shall be subject to civil liability, and no civil cause of action of any nature shall arise against the person by virtue of the publication of any report or bulletin related to the official activities of the department. (c) Nothing in this section is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person. Acts 1987, No. 685, § 1; 2001, No. 1604, § 2.

(a) In the absence of fraud or bad faith, no civil cause of action of any nature shall arise against the person for supplying any information: (1) Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees; (2) Relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of the insurance laws of this state; or (3) Furnished in reports to the State Insurance Department, National Association of Insurance Commissioners, or any organization established to detect and prevent fraudulent insurance acts or their agents, employees, or designees.

(1) Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees;

(2) Relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of the insurance laws of this state; or

(3) Furnished in reports to the State Insurance Department, National Association of Insurance Commissioners, or any organization established to detect and prevent fraudulent insurance acts or their agents, employees, or designees.

(b) Neither the Insurance Commissioner nor any employee of the department, in the absence of fraud or bad faith, shall be subject to civil liability, and no civil cause of action of any nature shall arise against the person by virtue of the publication of any report or bulletin related to the official activities of the department.

(c) Nothing in this section is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.

Acts 1987, No. 685, § 1; 2001, No. 1604, § 2.
Ark. Code Ann. § 23-99-1206 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1206
Freedom of contract
Status: in_force

(a) A contracting entity shall not, directly or indirectly, offer or enter into a healthcare contract that: (1) Prohibits a participating healthcare provider from entering into a healthcare contract with another contracting entity; or (2) Prohibits a contracting entity from entering into a healthcare contract with another healthcare provider. (b) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, the healthcare contract is void. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) A contracting entity shall not, directly or indirectly, offer or enter into a healthcare contract that: (1) Prohibits a participating healthcare provider from entering into a healthcare contract with another contracting entity; or (2) Prohibits a contracting entity from entering into a healthcare contract with another healthcare provider.

(1) Prohibits a participating healthcare provider from entering into a healthcare contract with another contracting entity; or

(2) Prohibits a contracting entity from entering into a healthcare contract with another healthcare provider.

(b) (1) A violation of this section is: (A) An unfair trade practice under § 23-66-206 ; and (B) Subject to the Trade Practices Act, § 23-66-201 et seq. (2) If a healthcare contract contains a provision that violates this section, 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. § 23-55-201 — AR Code / Title 23 / Chapter 55 / Section 23-55-201
License required
Status: in_force

(a) A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission unless the person: (1) is licensed under this article; (2) is an authorized delegate of a person licensed under this article; or (3) is excluded under § 23-55-103 . (b) A license under this article is not transferable or assignable. Acts 2007, No. 1595, § 1; 2009, No. 486, § 5; 2011, No. 733, § 2.

(a) A person may not engage in the business of money transmission or advertise, solicit, or hold itself out as providing money transmission unless the person: (1) is licensed under this article; (2) is an authorized delegate of a person licensed under this article; or (3) is excluded under § 23-55-103 .

(1) is licensed under this article;

(2) is an authorized delegate of a person licensed under this article; or

(3) is excluded under § 23-55-103 .

(b) A license under this article is not transferable or assignable.

Acts 2007, No. 1595, § 1; 2009, No. 486, § 5; 2011, No. 733, § 2.
Ark. Code Ann. § 23-103-411 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-411
Title insurer - Audit
Status: in_force

(a) (1) At least one (1) time each year, a title insurer shall conduct an on-site audit of the escrow and closing practices related to the issuance of title insurance policies, escrow accounts, security arrangements, files, underwriting and claims practices, and policy inventory of the title insurance agencies that the title insurer has authorized to issue title insurance reports or title insurance policies on its behalf. (2) If the title insurance agency fails to maintain separate escrow or trust accounts for each title insurer it represents, the title insurer shall verify that the funds related to closings in which the title insurer's policies are issued are reasonably ascertainable from the books of account and records of the title insurance agency. (b) (1) The Insurance Commissioner may promulgate rules setting forth the standards of audit and the form of audit required. (2) The commissioner may also require the title insurer to provide a copy of its audit reports to the commissioner. (3) Any audits shall remain confidential unless introduced as evidence at a hearing or court proceeding involving the title insurance agency or agent. Acts 2007, No. 684, § 6; 2009, No. 1190, § 8; 2011, No. 515, § 5.

(a) (1) At least one (1) time each year, a title insurer shall conduct an on-site audit of the escrow and closing practices related to the issuance of title insurance policies, escrow accounts, security arrangements, files, underwriting and claims practices, and policy inventory of the title insurance agencies that the title insurer has authorized to issue title insurance reports or title insurance policies on its behalf. (2) If the title insurance agency fails to maintain separate escrow or trust accounts for each title insurer it represents, the title insurer shall verify that the funds related to closings in which the title insurer's policies are issued are reasonably ascertainable from the books of account and records of the title insurance agency.

(1) At least one (1) time each year, a title insurer shall conduct an on-site audit of the escrow and closing practices related to the issuance of title insurance policies, escrow accounts, security arrangements, files, underwriting and claims practices, and policy inventory of the title insurance agencies that the title insurer has authorized to issue title insurance reports or title insurance policies on its behalf.

(2) If the title insurance agency fails to maintain separate escrow or trust accounts for each title insurer it represents, the title insurer shall verify that the funds related to closings in which the title insurer's policies are issued are reasonably ascertainable from the books of account and records of the title insurance agency.

(b) (1) The Insurance Commissioner may promulgate rules setting forth the standards of audit and the form of audit required. (2) The commissioner may also require the title insurer to provide a copy of its audit reports to the commissioner. (3) Any audits shall remain confidential unless introduced as evidence at a hearing or court proceeding involving the title insurance agency or agent.

(1) The Insurance Commissioner may promulgate rules setting forth the standards of audit and the form of audit required.

(2) The commissioner may also require the title insurer to provide a copy of its audit reports to the commissioner.

(3) Any audits shall remain confidential unless introduced as evidence at a hearing or court proceeding involving the title insurance agency or agent.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 8; 2011, No. 515, § 5.
Ark. Code Ann. § 23-48-101 — AR Code / Title 23 / Chapter 48 / Subchapter 1 / Section 23-48-101
Banks subject to gross receipts and compensating use taxes
Status: in_force

All banks shall be subject to the Arkansas Gross Receipts Act, § 26-52-101 et seq., and the Arkansas Compensating Tax Act, § 26-53-101 et seq. Acts 1997, No. 89, § 1.

All banks shall be subject to the Arkansas Gross Receipts Act, § 26-52-101 et seq., and the Arkansas Compensating Tax Act, § 26-53-101 et seq.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-87-114 — AR Code / Title 23 / Chapter 87 / Section 23-87-114
Issuance of policies
Status: in_force

All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein and shall be issued only through holders of licenses issued by the Insurance Commissioner. Acts 1959, No. 148, § 438; A.S.A. 1947, § 66-3812.

All policies of credit life insurance and credit disability insurance shall be delivered or issued for delivery in this state only by an insurer authorized to do an insurance business therein and shall be issued only through holders of licenses issued by the Insurance Commissioner.

Acts 1959, No. 148, § 438; A.S.A. 1947, § 66-3812.
Ark. Code Ann. § 23-47-104 — AR Code / Title 23 / Chapter 47 / Subchapter 1 / Section 23-47-104
Prohibition on engaging in business as real estate salespersons or brokers
Status: in_force

Banks, bank holding companies, and subsidiaries of banks or bank holding companies may not engage in business as real estate salespersons or brokers. Acts 1997, No. 89, § 1.

Banks, bank holding companies, and subsidiaries of banks or bank holding companies may not engage in business as real estate salespersons or brokers.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-71-109 — AR Code / Title 23 / Chapter 71 / Section 23-71-109
Insuring powers
Status: in_force

On the stipulated premium plan, an insurer may insure the lives of individuals and may provide for indemnity against death or disability of the insured occasioned by sickness or accident. Acts 1959, No. 148, § 545; A.S.A. 1947, § 66-4406.

On the stipulated premium plan, an insurer may insure the lives of individuals and may provide for indemnity against death or disability of the insured occasioned by sickness or accident.

Acts 1959, No. 148, § 545; A.S.A. 1947, § 66-4406.
Ark. Code Ann. § 23-12-408 — AR Code / Title 23 / Chapter 12 / Subchapter 4 / Section 23-12-408
Lights to be placed on switches
Status: in_force

(a) Any company, corporation, or officer of court or any person operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches of the line of railroad so operated. Green lights shall indicate main line, and red lights shall indicate side tracks. (b) Any company, corporation, or officer of court or any person operating any railroad in this state, who shall violate any of the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each separate offense. The penalty shall be recovered in a civil action in the name of the state. Acts 1911, No. 23, §§ 1, 2; C. & M. Dig., §§ 8496, 8497; Pope's Dig., §§ 11072, 11073; A.S.A. 1947, §§ 73-711, 73-712.

(a) Any company, corporation, or officer of court or any person operating any line of railroad during the nighttime in this state shall be required to place and maintain sufficient lights during the nighttime on all its main line switches of the line of railroad so operated. Green lights shall indicate main line, and red lights shall indicate side tracks.

(b) Any company, corporation, or officer of court or any person operating any railroad in this state, who shall violate any of the provisions of this section, shall be liable on conviction to a penalty of a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) for each separate offense. The penalty shall be recovered in a civil action in the name of the state.

Acts 1911, No. 23, §§ 1, 2; C. & M. Dig., §§ 8496, 8497; Pope's Dig., §§ 11072, 11073; A.S.A. 1947, §§ 73-711, 73-712.
Ark. Code Ann. § 23-62-401 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-401
Short title
Status: in_force

This subchapter may be cited as the "Reinsurance Intermediary Act". Acts 1993, No. 527, § 1.

This subchapter may be cited as the "Reinsurance Intermediary Act".

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-13-209 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-209
Mandatory injunction - Requirement that department take jurisdiction
Status: in_force

Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if it determines that the department has the power, may force by writ of mandatory injunction the department to take jurisdiction. Amended by Act 2017, No. 707,§ 186, eff. 8/1/2017. Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.

Where the Arkansas Department of Transportation, in respect to any matter arising under this subchapter, has issued a negative order solely because of a supposed lack of power, any party in interest may file a bill of complaint in the Pulaski County Circuit Court. The court, if it determines that the department has the power, may force by writ of mandatory injunction the department to take jurisdiction.

Amended by Act 2017, No. 707,§ 186, eff. 8/1/2017.

Acts 1955, No. 397, § 7; 1959, No. 267, § 1; A.S.A. 1947, § 73-1760.
Ark. Code Ann. § 23-18-804 — AR Code / Title 23 / Chapter 18 / Subchapter 8 / Section 23-18-804
Ownership and operation of broadband system
Status: in_force

(a) An electric utility may: (1) Own or operate a broadband system on the electric utility's electric delivery system; (2) Allow an affiliate to own or operate a broadband system on the electric utility's electric delivery system; (3) Allow an unaffiliated entity to own or operate a broadband system on the electric utility's electric delivery system; (4) Provide broadband service, including without limitation, Internet service over a broadband system; and (5) Allow an affiliate or unaffiliated entity to provide broadband service, including without limitation, Internet service over a broadband system. (b) The electric utility shall determine which broadband Internet service providers may have access to broadband capacity on the broadband system. Acts 2007, No. 739, § 1.

(a) An electric utility may: (1) Own or operate a broadband system on the electric utility's electric delivery system; (2) Allow an affiliate to own or operate a broadband system on the electric utility's electric delivery system; (3) Allow an unaffiliated entity to own or operate a broadband system on the electric utility's electric delivery system; (4) Provide broadband service, including without limitation, Internet service over a broadband system; and (5) Allow an affiliate or unaffiliated entity to provide broadband service, including without limitation, Internet service over a broadband system.

(1) Own or operate a broadband system on the electric utility's electric delivery system;

(2) Allow an affiliate to own or operate a broadband system on the electric utility's electric delivery system;

(3) Allow an unaffiliated entity to own or operate a broadband system on the electric utility's electric delivery system;

(4) Provide broadband service, including without limitation, Internet service over a broadband system; and

(5) Allow an affiliate or unaffiliated entity to provide broadband service, including without limitation, Internet service over a broadband system.

(b) The electric utility shall determine which broadband Internet service providers may have access to broadband capacity on the broadband system.

Acts 2007, No. 739, § 1.
Ark. Code Ann. § 23-3-312 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-312
Rehearing
Status: in_force

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission pursuant to this subchapter may apply for a rehearing pursuant to the provisions of § 23-2-422 . Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 1.

Any party to a proceeding before the Arkansas Public Service Commission aggrieved by an order issued by the commission pursuant to this subchapter may apply for a rehearing pursuant to the provisions of § 23-2-422 .

Acts 1985, No. 343, § 12; A.S.A. 1947, § 73-142.12; Acts 1991, No. 810, § 1.
Ark. Code Ann. § 23-2-312 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-312
Refusal to permit inspection or examination - Cancellation of charter
Status: in_force

(a) The failure or refusal of any public utility, if persisted in, to permit the inspection or examination of its physical properties, premises, plants, equipment, accessories, books, papers, files, documents, contracts, agreements, or accounts shall be deemed cause for the cancellation of its charter or license to do business in this state. (b) When such a fact is certified to the Secretary of State by the commission, he or she shall cancel the charter or license of the offending utility to transact business in this state. Acts 1935, No. 324, § 60; Pope's Dig., § 2120; A.S.A. 1947, § 73-256.

(a) The failure or refusal of any public utility, if persisted in, to permit the inspection or examination of its physical properties, premises, plants, equipment, accessories, books, papers, files, documents, contracts, agreements, or accounts shall be deemed cause for the cancellation of its charter or license to do business in this state.

(b) When such a fact is certified to the Secretary of State by the commission, he or she shall cancel the charter or license of the offending utility to transact business in this state.

Acts 1935, No. 324, § 60; Pope's Dig., § 2120; A.S.A. 1947, § 73-256.
Ark. Code Ann. § 23-18-701 — AR Code / Title 23 / Chapter 18 / Subchapter 7 / Section 23-18-701
Legislative findings and declaration of purpose
Status: in_force

(a) The General Assembly finds that it is in the public interest to require all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission to consider clean energy and the use of renewable energy resources as part of any resource plan or natural gas procurement plan. (b) The purpose of this subchapter is to ensure that all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission will consider clean energy and the use of renewable resources as a part of any resource plan or natural gas procurement plan. Acts 2007, No. 755, § 1; 2011, No. 735, § 1.

(a) The General Assembly finds that it is in the public interest to require all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission to consider clean energy and the use of renewable energy resources as part of any resource plan or natural gas procurement plan.

(b) The purpose of this subchapter is to ensure that all electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission will consider clean energy and the use of renewable resources as a part of any resource plan or natural gas procurement plan.

Acts 2007, No. 755, § 1; 2011, No. 735, § 1.
Ark. Code Ann. § 23-15-208 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-208
Inspection and maintenance plans
Status: in_force

(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act shall file with the Arkansas Public Service Commission a plan for inspection and maintenance of each pipeline facility owned or operated by the person and any changes in the plan in accordance with rules prescribed by the Arkansas Public Service Commission. (b) The Arkansas Public Service Commission by rule may also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this subchapter to file such plans for approval. (c) If at any time the Arkansas Public Service Commission finds that the plan is inadequate to achieve safe operation, the Arkansas Public Service Commission after notice and opportunity for a hearing shall require the plan to be revised. (d) The plan required by the Arkansas Public Service Commission shall be practicable and designed to meet the need for pipeline safety. (e) In determining the adequacy of the plan, the Arkansas Public Service Commission shall consider: (1) Relevant available pipeline safety data; (2) Whether the plan is appropriate for the particular type of pipeline transportation; (3) The reasonableness of the plan; and (4) The extent to which the plan will contribute to public safety. Amended by Act 2019, No. 315,§ 2460, eff. 7/24/2019. Acts 1971, No. 285, § 4; A.S.A. 1947, § 73-1911.

(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities not subject to the jurisdiction of the Federal Energy Regulatory Commission under the Natural Gas Act shall file with the Arkansas Public Service Commission a plan for inspection and maintenance of each pipeline facility owned or operated by the person and any changes in the plan in accordance with rules prescribed by the Arkansas Public Service Commission.

(b) The Arkansas Public Service Commission by rule may also require persons who engage in the transportation of gas or who own or operate pipeline facilities subject to the provisions of this subchapter to file such plans for approval.

(c) If at any time the Arkansas Public Service Commission finds that the plan is inadequate to achieve safe operation, the Arkansas Public Service Commission after notice and opportunity for a hearing shall require the plan to be revised.

(d) The plan required by the Arkansas Public Service Commission shall be practicable and designed to meet the need for pipeline safety.

(e) In determining the adequacy of the plan, the Arkansas Public Service Commission shall consider: (1) Relevant available pipeline safety data; (2) Whether the plan is appropriate for the particular type of pipeline transportation; (3) The reasonableness of the plan; and (4) The extent to which the plan will contribute to public safety.

(1) Relevant available pipeline safety data;

(2) Whether the plan is appropriate for the particular type of pipeline transportation;

(3) The reasonableness of the plan; and

(4) The extent to which the plan will contribute to public safety.

Amended by Act 2019, No. 315,§ 2460, eff. 7/24/2019.

Acts 1971, No. 285, § 4; A.S.A. 1947, § 73-1911.
Ark. Code Ann. § 23-37-108 — AR Code / Title 23 / Chapter 37 / Subchapter 1 / Section 23-37-108
Associations subject to gross receipts and compensating taxes
Status: in_force

All savings and loan associations organized pursuant to the laws of this state and doing business in this state and all federal savings and loan associations doing business in this state shall be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 1969, No. 352, § 1; A.S.A. 1947, § 67-1863.

All savings and loan associations organized pursuant to the laws of this state and doing business in this state and all federal savings and loan associations doing business in this state shall be subject to the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 1969, No. 352, § 1; A.S.A. 1947, § 67-1863.
Ark. Code Ann. § 23-92-702 — AR Code / Title 23 / Chapter 92 / Subchapter 7 / Section 23-92-702
Purpose
Status: in_force

The purpose of this subchapter is to require pharmacy benefits managers to share the benefit of rebates with enrollees in this state. Added by Act 2023, No. 333,§ 2, eff. 8/1/2023.

The purpose of this subchapter is to require pharmacy benefits managers to share the benefit of rebates with enrollees in this state.

Added by Act 2023, No. 333,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-11-203 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-203
Articles of incorporation
Status: in_force

(a) The articles of incorporation of any contemplated railroad corporation shall contain all of the information prescribed for inclusion in the application to be filed with the Arkansas Department of Transportation by § 23-11-204 . However, it shall not be necessary that the articles contain a statement of the manner in which the public convenience, necessity, and interest will be served by the granting of the charter, nor shall it be necessary that a preliminary survey of the proposed roadway or route be attached to the articles. (b) The articles shall contain and set forth, subject to the limitations imposed by law or the Arkansas Constitution, those powers which it is desired by the incorporators that the contemplated corporation shall exercise. However, the statement of powers may be general in nature, and a general statement of powers in the articles shall not have the effect of prohibiting the corporation from exercising those powers specifically granted by the law of this state, unless so provided by the articles. Amended by Act 2017, No. 707,§ 157, eff. 8/1/2017. Acts 1959, No. 30, § 5; A.S.A. 1947, § 73-308.2.

(a) The articles of incorporation of any contemplated railroad corporation shall contain all of the information prescribed for inclusion in the application to be filed with the Arkansas Department of Transportation by § 23-11-204 . However, it shall not be necessary that the articles contain a statement of the manner in which the public convenience, necessity, and interest will be served by the granting of the charter, nor shall it be necessary that a preliminary survey of the proposed roadway or route be attached to the articles.

(b) The articles shall contain and set forth, subject to the limitations imposed by law or the Arkansas Constitution, those powers which it is desired by the incorporators that the contemplated corporation shall exercise. However, the statement of powers may be general in nature, and a general statement of powers in the articles shall not have the effect of prohibiting the corporation from exercising those powers specifically granted by the law of this state, unless so provided by the articles.

Amended by Act 2017, No. 707,§ 157, eff. 8/1/2017.

Acts 1959, No. 30, § 5; A.S.A. 1947, § 73-308.2.
Ark. Code Ann. § 23-79-2503 — AR Code / Title 23 / Chapter 79 / Subchapter 25 / Section 23-79-2503
Implementation of subchapter - Requirements
Status: in_force

(a) An enrollee's defined cost sharing for a prescription drug shall be calculated at the point-of-sale based on a price that is reduced by an amount equal to at least one hundred percent (100%) of all rebates received, or to be received, in connection with the dispensing or administration of the prescription drug. (b) This subchapter shall not preclude a healthcare insurer from decreasing an enrollee's defined cost sharing by an amount greater than that required under subsection (a) of this section. (c) In implementing the requirements of this section, the state shall only regulate a healthcare insurer to the extent permissible under applicable law. (d) (1) In complying with this section, a healthcare insurer or its agents shall not publish or otherwise reveal information regarding the actual amount of rebates a healthcare insurer receives on a product or therapeutic class of products, manufacturer, or pharmacy-specific basis. (2) The information described in subdivision (d)(1) of this section is: (A) Protected as a trade secret; (B) Considered proprietary and confidential under § 23-61-107(a)(4) and § 23-61-207 ; (C) Not subject to disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) Not to be disclosed: (i) Directly or indirectly; or (ii) In a manner that would: (a) Allow for the identification of an individual product, therapeutic class of products, or manufacturer; or (b) Have the potential to compromise the financial, competitive, or proprietary nature of the information. (3) A healthcare insurer shall impose the confidentiality protections of this section on any vendor or downstream third party that performs healthcare or administrative services on behalf of the healthcare insurer that may receive or have access to rebate information. Added by Act 2023, No. 333,§ 1, eff. 8/1/2023.

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

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

(c) In implementing the requirements of this section, the state shall only regulate a healthcare insurer to the extent permissible under applicable law.

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

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

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

(A) Protected as a trade secret;

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

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

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

(i) Directly or indirectly; or

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

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

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

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

Added by Act 2023, No. 333,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-103-408 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-408
Minimum search requirements
Status: in_force

(a) A title insurance report or title insurance policy shall not be issued unless the title insurance agency or title insurance agent has caused to be made a search of the title from the evidence prepared from a title plant or files of the county where the property is located or from the records of the clerk or the ex officio recorder of land records of the county that maintains records relating to real estate and any interest in the county. (b) The search shall include a review of all matters affecting the title to the property or interest to be insured for a continuous period of not less than the immediately preceding thirty (30) years. (c) A title insurance policy shall not be issued until the title insurer or title insurance agent has caused to be made a determination of insurability of title in accordance with the title insurer's underwriting practices. (d) In conducting a search for the issuance of a title insurance policy, the title insurance agency and title insurance agent are acting only as agents of the title insurer and owe no duty to the insured. (e) (1) A cause of action for negligence does not exist by an insured under a title insurance policy against the title insurance agency or title insurance agent issuing the title insurance policy or against a title insurer for lack of reasonable care in searching and disclosing the state of title to the property. (2) The exclusive remedy of the insured for defects in title to the property that are not identified by the title search is to file a claim against the title insurance policy subject to the terms and conditions of the title insurance policy. Amended by Act 2017, No. 1005,§ 1, eff. 8/1/2017. Acts 2007, No. 684, § 6; 2009, No. 1190, § 6.

(a) A title insurance report or title insurance policy shall not be issued unless the title insurance agency or title insurance agent has caused to be made a search of the title from the evidence prepared from a title plant or files of the county where the property is located or from the records of the clerk or the ex officio recorder of land records of the county that maintains records relating to real estate and any interest in the county.

(b) The search shall include a review of all matters affecting the title to the property or interest to be insured for a continuous period of not less than the immediately preceding thirty (30) years.

(c) A title insurance policy shall not be issued until the title insurer or title insurance agent has caused to be made a determination of insurability of title in accordance with the title insurer's underwriting practices.

(d) In conducting a search for the issuance of a title insurance policy, the title insurance agency and title insurance agent are acting only as agents of the title insurer and owe no duty to the insured.

(e) (1) A cause of action for negligence does not exist by an insured under a title insurance policy against the title insurance agency or title insurance agent issuing the title insurance policy or against a title insurer for lack of reasonable care in searching and disclosing the state of title to the property. (2) The exclusive remedy of the insured for defects in title to the property that are not identified by the title search is to file a claim against the title insurance policy subject to the terms and conditions of the title insurance policy.

(1) A cause of action for negligence does not exist by an insured under a title insurance policy against the title insurance agency or title insurance agent issuing the title insurance policy or against a title insurer for lack of reasonable care in searching and disclosing the state of title to the property.

(2) The exclusive remedy of the insured for defects in title to the property that are not identified by the title search is to file a claim against the title insurance policy subject to the terms and conditions of the title insurance policy.

Amended by Act 2017, No. 1005,§ 1, eff. 8/1/2017.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 6.
Ark. Code Ann. § 23-79-125 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-125
Payment by insurer - Discharge
Status: in_force

(a) Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract become payable in accordance with the terms of the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment of the amount in accordance with the terms of the policy or contract or in accordance with any written assignment thereof, the person then designated in the policy or contract or by the assignment as being entitled to the benefits shall be entitled to receive the proceeds or payments and to give full acquittance therefor. (b) The payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that the other person claims to be entitled to the payment or some interest in the policy or contract. Acts 1959, No. 148, § 291; A.S.A. 1947, § 66-3224; Acts 2001, No. 1604, § 97.

(a) Whenever the proceeds of or payments under a life or accident and health insurance policy or annuity contract become payable in accordance with the terms of the policy or contract, or the exercise of any right or privilege thereunder, and the insurer makes payment of the amount in accordance with the terms of the policy or contract or in accordance with any written assignment thereof, the person then designated in the policy or contract or by the assignment as being entitled to the benefits shall be entitled to receive the proceeds or payments and to give full acquittance therefor.

(b) The payments shall fully discharge the insurer from all claims under the policy or contract unless, before payment is made, the insurer has received at its home office written notice by or on behalf of some other person that the other person claims to be entitled to the payment or some interest in the policy or contract.

Acts 1959, No. 148, § 291; A.S.A. 1947, § 66-3224; Acts 2001, No. 1604, § 97.
Ark. Code Ann. § 23-103-414 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-414
Record retention requirements
Status: in_force

(a) The title insurer and the title insurance agency shall maintain sufficient records of their affairs, including evidence of underwriting title, determination of insurability, and records of their escrow operations and escrow accounts. (b) The Insurance Commissioner may prescribe the specific records and documents to be kept and the length of time for which the records shall be maintained. Acts 2007, No. 684, § 6; 2009, No. 1190, § 11.

(a) The title insurer and the title insurance agency shall maintain sufficient records of their affairs, including evidence of underwriting title, determination of insurability, and records of their escrow operations and escrow accounts.

(b) The Insurance Commissioner may prescribe the specific records and documents to be kept and the length of time for which the records shall be maintained.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 11.
Ark. Code Ann. § 23-48-318 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-318
Stockholder meetings - Notice of special meeting
Status: in_force

(a) A special meeting of the stockholders, whether held for the purpose of amending the articles of incorporation or for any other lawful purpose, may be called as prescribed in the bylaws or, if the bylaws are silent in that respect, by the president or chief executive officer or by resolution of the board of directors. (b) Written notice of the special meeting shall be given to each stockholder entitled to vote at the meeting, other than stockholders who waive notice in writing, for the time and in the manner set out in the bylaws subject to the following minimum requirements: (1) The notice must be signed by an officer of the state bank; (2) The notice must state the time and place of the meeting and must also state the nature of the proposals to be submitted to the stockholders at the meeting; (3) The notice must be mailed to each such stockholder, other than those waiving notice, by first-class mail, postage prepaid, directed to the stockholder at the address of the stockholder shown on the stock records of the state bank. The depositing of the notice in the mail as above prescribed shall constitute the giving of the notice. It is not necessary in any event that the mailing be by registered or certified mail; and (4) If the meeting is called for the purpose of increasing the authorized capital stock of the state bank, the notice shall be mailed at least sixty (60) days prior to the meeting, but if the meeting is called for any other purpose, the notice shall be mailed for such number of days prior to the meeting as may be prescribed in the bylaws. In no event shall mailing be less than ten (10) days prior to the date of the meeting. (c) Any stockholder may waive the right to receive notice of special meetings of the stockholders by: (1) A written waiver of the right, signed by the stockholder, which shall be effective as a waiver until revoked; or (2) The stockholder's attendance, in person or by proxy, at the meeting. Amended by Act 2017, No. 198,§ 7, eff. 8/1/2017. Acts 1997, No. 89, § 1.

(a) A special meeting of the stockholders, whether held for the purpose of amending the articles of incorporation or for any other lawful purpose, may be called as prescribed in the bylaws or, if the bylaws are silent in that respect, by the president or chief executive officer or by resolution of the board of directors.

(b) Written notice of the special meeting shall be given to each stockholder entitled to vote at the meeting, other than stockholders who waive notice in writing, for the time and in the manner set out in the bylaws subject to the following minimum requirements: (1) The notice must be signed by an officer of the state bank; (2) The notice must state the time and place of the meeting and must also state the nature of the proposals to be submitted to the stockholders at the meeting; (3) The notice must be mailed to each such stockholder, other than those waiving notice, by first-class mail, postage prepaid, directed to the stockholder at the address of the stockholder shown on the stock records of the state bank. The depositing of the notice in the mail as above prescribed shall constitute the giving of the notice. It is not necessary in any event that the mailing be by registered or certified mail; and (4) If the meeting is called for the purpose of increasing the authorized capital stock of the state bank, the notice shall be mailed at least sixty (60) days prior to the meeting, but if the meeting is called for any other purpose, the notice shall be mailed for such number of days prior to the meeting as may be prescribed in the bylaws. In no event shall mailing be less than ten (10) days prior to the date of the meeting.

(1) The notice must be signed by an officer of the state bank;

(2) The notice must state the time and place of the meeting and must also state the nature of the proposals to be submitted to the stockholders at the meeting;

(3) The notice must be mailed to each such stockholder, other than those waiving notice, by first-class mail, postage prepaid, directed to the stockholder at the address of the stockholder shown on the stock records of the state bank. The depositing of the notice in the mail as above prescribed shall constitute the giving of the notice. It is not necessary in any event that the mailing be by registered or certified mail; and

(4) If the meeting is called for the purpose of increasing the authorized capital stock of the state bank, the notice shall be mailed at least sixty (60) days prior to the meeting, but if the meeting is called for any other purpose, the notice shall be mailed for such number of days prior to the meeting as may be prescribed in the bylaws. In no event shall mailing be less than ten (10) days prior to the date of the meeting.

(c) Any stockholder may waive the right to receive notice of special meetings of the stockholders by: (1) A written waiver of the right, signed by the stockholder, which shall be effective as a waiver until revoked; or (2) The stockholder's attendance, in person or by proxy, at the meeting.

(1) A written waiver of the right, signed by the stockholder, which shall be effective as a waiver until revoked; or

(2) The stockholder's attendance, in person or by proxy, at the meeting.

Amended by Act 2017, No. 198,§ 7, eff. 8/1/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-63-110 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-110
Policy cancellation or premium increase
Status: in_force

(a) No insurance policy or contract after being issued by an insurer authorized to transact business in this state may be cancelled nor may the premium for such a policy be increased solely as a result of claims made under the policy which resulted in no loss to the insurer. (b) The following shall not be treated as a claim made under the policy or used to cancel or increase the premium of a policy or contract of insurance: (1) A request for policy information; or (2) A discussion between an insured and an insurer or producer as to whether an event is covered under an insurance policy, provided that the event does not materially increase the risk insured. (c) This section shall not apply to annuities or workers' compensation, life, disability, accident and health, or long-term care insurance. (d) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq. Acts 2001, No. 302, § 1; 2005, No. 1697, § 4.

(a) No insurance policy or contract after being issued by an insurer authorized to transact business in this state may be cancelled nor may the premium for such a policy be increased solely as a result of claims made under the policy which resulted in no loss to the insurer.

(b) The following shall not be treated as a claim made under the policy or used to cancel or increase the premium of a policy or contract of insurance: (1) A request for policy information; or (2) A discussion between an insured and an insurer or producer as to whether an event is covered under an insurance policy, provided that the event does not materially increase the risk insured.

(1) A request for policy information; or

(2) A discussion between an insured and an insurer or producer as to whether an event is covered under an insurance policy, provided that the event does not materially increase the risk insured.

(c) This section shall not apply to annuities or workers' compensation, life, disability, accident and health, or long-term care insurance.

(d) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq.

Acts 2001, No. 302, § 1; 2005, No. 1697, § 4.
Ark. Code Ann. § 23-13-307 — AR Code / Title 23 / Chapter 13 / Subchapter 3 / Section 23-13-307
Revocation of license, permit, or certificate
Status: in_force

(a) In the event the Arkansas Department of Transportation finds that the defendant is guilty upon any complaint filed and proceeding had, and that the provisions of § 23-13-102 or the rules or orders of the department have been willfully and knowingly violated and that a motor vehicle was used in the violation, the department shall forthwith deliver a certified copy of its findings and order to the Secretary of the Department of Finance and Administration. (b) It shall be the duty of the secretary to forthwith revoke and take up the license plates issued upon any vehicles used in the violations. This penalty shall apply to the vehicles used in the violation regardless of whether the vehicle was being used by the violator by reason of special ownership, ownership, lease, or otherwise. (c) In addition to the penalty set forth in subsection (b) of this section, if the violator holds a permit or certificate issued by the department authorizing it to engage in the transportation of persons or property for hire, then the permit or certificate may also be revoked by the department. Amended by Act 2019, No. 315,§ 2452, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3507, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 226, eff. 8/1/2017. Acts 1939, No. 315, § 13; A.S.A. 1947, § 73-1742.

(a) In the event the Arkansas Department of Transportation finds that the defendant is guilty upon any complaint filed and proceeding had, and that the provisions of § 23-13-102 or the rules or orders of the department have been willfully and knowingly violated and that a motor vehicle was used in the violation, the department shall forthwith deliver a certified copy of its findings and order to the Secretary of the Department of Finance and Administration.

(b) It shall be the duty of the secretary to forthwith revoke and take up the license plates issued upon any vehicles used in the violations. This penalty shall apply to the vehicles used in the violation regardless of whether the vehicle was being used by the violator by reason of special ownership, ownership, lease, or otherwise.

(c) In addition to the penalty set forth in subsection (b) of this section, if the violator holds a permit or certificate issued by the department authorizing it to engage in the transportation of persons or property for hire, then the permit or certificate may also be revoked by the department.

Amended by Act 2019, No. 315,§ 2452, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3507, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 226, eff. 8/1/2017.

Acts 1939, No. 315, § 13; A.S.A. 1947, § 73-1742.
Ark. Code Ann. § 23-15-212 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-212
Injunction and jurisdiction
Status: in_force

(a) (1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or by the appropriate prosecuting attorney or the Attorney General on behalf of the State of Arkansas. (2) Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him or her an opportunity to present his or her views and, except in the case of a knowing and willful violation, shall afford him or her reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief. (b) Actions under subsection (a) of this section and § 23-15-211 may be brought in any court of competent jurisdiction in any county wherein any act or transaction constituting the alleged violation occurred or in the county wherein is located the principal place of business of any defendant. Process in such cases may be served in any manner provided by law. Acts 1971, No. 285, § 7; A.S.A. 1947, § 73-1914.

(a) (1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or by the appropriate prosecuting attorney or the Attorney General on behalf of the State of Arkansas. (2) Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him or her an opportunity to present his or her views and, except in the case of a knowing and willful violation, shall afford him or her reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(1) The Arkansas Public Service Commission pursuant to the provisions of Acts 1935, No. 324, shall have the right to file suit to restrain violations of this subchapter, including the restraint of transportation of gas or the operation of a pipeline facility, or to enforce standards established hereunder upon petition by the commission or by the appropriate prosecuting attorney or the Attorney General on behalf of the State of Arkansas.

(2) Whenever practicable, the commission shall give notice to any person against whom an action for injunctive relief is contemplated and afford him or her an opportunity to present his or her views and, except in the case of a knowing and willful violation, shall afford him or her reasonable opportunity to achieve compliance. However, the failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(b) Actions under subsection (a) of this section and § 23-15-211 may be brought in any court of competent jurisdiction in any county wherein any act or transaction constituting the alleged violation occurred or in the county wherein is located the principal place of business of any defendant. Process in such cases may be served in any manner provided by law.

Acts 1971, No. 285, § 7; A.S.A. 1947, § 73-1914.
Ark. Code Ann. § 23-112-506 — AR Code / Title 23 / Chapter 112 / Subchapter 5 / Section 23-112-506
Appeals
Status: in_force

Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1993, No. 383, § 3.

Appeals shall be governed by the terms of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1993, No. 383, § 3.
Ark. Code Ann. § 23-64-612 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-612
[See Note] Authority - Grants and contracts
Status: in_force

(a) The health insurance marketplace in this state may accept grants or contract with a governmental or nongovernmental entity that uses navigators or guides on the conditions the health insurance marketplace finds to be in the best interest of the citizens of this state if the governmental or nongovernmental entity: (1) Has a physical business location to conduct business with this state and its service area; (2) Is considered to be competent, trustworthy, financially responsible, and of a good business reputation; (3) Continues the qualifications under subdivision (a)(2) of this section during the contract; (4) Requires the members of management of the governmental or nongovernmental entity to complete instruction in health benefit plans or health insurance, the provisions of the federal act for a health insurance marketplace in this state, and the medical assistance programs of this state through a training program approved by the Insurance Commissioner for the required minimum hours; and (5) Furnishes to the commissioner information concerning the identity and background of the members of management of the governmental or nongovernmental entity, including criminal and regulatory background checks. (b) Each nongovernmental business entity shall pay a reasonable annual licensure fee that is established by rule. (c) A grant or contract under this section is not transferable. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) The health insurance marketplace in this state may accept grants or contract with a governmental or nongovernmental entity that uses navigators or guides on the conditions the health insurance marketplace finds to be in the best interest of the citizens of this state if the governmental or nongovernmental entity: (1) Has a physical business location to conduct business with this state and its service area; (2) Is considered to be competent, trustworthy, financially responsible, and of a good business reputation; (3) Continues the qualifications under subdivision (a)(2) of this section during the contract; (4) Requires the members of management of the governmental or nongovernmental entity to complete instruction in health benefit plans or health insurance, the provisions of the federal act for a health insurance marketplace in this state, and the medical assistance programs of this state through a training program approved by the Insurance Commissioner for the required minimum hours; and (5) Furnishes to the commissioner information concerning the identity and background of the members of management of the governmental or nongovernmental entity, including criminal and regulatory background checks.

(1) Has a physical business location to conduct business with this state and its service area;

(2) Is considered to be competent, trustworthy, financially responsible, and of a good business reputation;

(3) Continues the qualifications under subdivision (a)(2) of this section during the contract;

(4) Requires the members of management of the governmental or nongovernmental entity to complete instruction in health benefit plans or health insurance, the provisions of the federal act for a health insurance marketplace in this state, and the medical assistance programs of this state through a training program approved by the Insurance Commissioner for the required minimum hours; and

(5) Furnishes to the commissioner information concerning the identity and background of the members of management of the governmental or nongovernmental entity, including criminal and regulatory background checks.

(b) Each nongovernmental business entity shall pay a reasonable annual licensure fee that is established by rule.

(c) A grant or contract under this section is not transferable.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-81-307 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-307
Calculation of paid-up annuity benefits
Status: in_force

(a) For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity. The present value shall be calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine the maturity value and increased by any existing additional amounts credited by the insurer to the contract. (b) For contracts which do not provide any death benefits prior to the commencement of any annuity payments, the present values shall be calculated on the basis of the interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit. (c) However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

(a) For contracts which do not provide cash surrender benefits, the present value of any paid-up annuity benefit available as a nonforfeiture option at any time prior to maturity shall not be less than the present value of that portion of the maturity value of the paid-up annuity benefit provided under the contract arising from considerations paid prior to the time the contract is surrendered in exchange for, or changed to, a deferred paid-up annuity. The present value shall be calculated for the period prior to the maturity date on the basis of the interest rate specified in the contract for accumulating the net considerations to determine the maturity value and increased by any existing additional amounts credited by the insurer to the contract.

(b) For contracts which do not provide any death benefits prior to the commencement of any annuity payments, the present values shall be calculated on the basis of the interest rate and the mortality table specified in the contract for determining the maturity value of the paid-up annuity benefit.

(c) However, in no event shall the present value of a paid-up annuity benefit be less than the minimum nonforfeiture amount at that time.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-72-113 — AR Code / Title 23 / Chapter 72 / Section 23-72-113
Benefits and payment - Level or stipulated plan insurers
Status: in_force

(a) A level or stipulated rate plan insurer shall specify in its policy or membership certificate the contingencies insured against, the sum of money it promises to pay or the benefits it agrees to provide, and the number of days after satisfactory proof of loss is filed within which the payment will be made or the benefit will be provided. (b) Upon the occurrence of a contingency insured against, unless the contract has been voided by fraud or by breach of its conditions, the insurer shall be obligated to the beneficiary for payment of or providing benefits at the time and in the amount or value specified in the policy or certificate. (c) If the insurer fails to make the payment after final judgment has been obtained upon the claim, the Insurance Commissioner shall notify the insurer not to issue any new policy or certificates until the indebtedness is fully paid. No officer or agent of the insurer shall issue any policy or certificate while the notice is in force. In addition, the insurer's certificate of authority shall be subject to suspension or revocation under § 23-63-213 . Acts 1959, No. 148, § 568; A.S.A. 1947, § 66-4513.

(a) A level or stipulated rate plan insurer shall specify in its policy or membership certificate the contingencies insured against, the sum of money it promises to pay or the benefits it agrees to provide, and the number of days after satisfactory proof of loss is filed within which the payment will be made or the benefit will be provided.

(b) Upon the occurrence of a contingency insured against, unless the contract has been voided by fraud or by breach of its conditions, the insurer shall be obligated to the beneficiary for payment of or providing benefits at the time and in the amount or value specified in the policy or certificate.

(c) If the insurer fails to make the payment after final judgment has been obtained upon the claim, the Insurance Commissioner shall notify the insurer not to issue any new policy or certificates until the indebtedness is fully paid. No officer or agent of the insurer shall issue any policy or certificate while the notice is in force. In addition, the insurer's certificate of authority shall be subject to suspension or revocation under § 23-63-213 .

Acts 1959, No. 148, § 568; A.S.A. 1947, § 66-4513.
Ark. Code Ann. § 23-13-711 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-711
Exclusions - Claim investigations
Status: in_force

(a) (1) A private passenger motor vehicle liability insurance policy may exclude coverage against all loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of a motor vehicle: (A) While the motor vehicle is being used to provide transportation network company services; and (B) While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application. (2) An exclusion of coverage under subdivision (a)(1) of this section may apply to any coverage included in a private passenger motor vehicle liability insurance policy, including without limitation: (A) Liability coverage for bodily injury and property damage; (B) Uninsured and underinsured motorist coverage; (C) Medical payments coverage; (D) Comprehensive physical damage coverage; (E) Collision physical damage coverage; and (F) Coverage under § 23-89-202 . (b) A private passenger motor vehicle liability insurer that properly excludes coverage under subsection (a) of this section does not have a duty to defend or indemnify a loss. (c) The failure to pay or receive a suggested donation set by a transportation network company does not constitute the charitable carrying or transportation of persons. (d) In a claims coverage investigation, a transportation network company and its insurer shall: (1) Cooperate with the private passenger motor vehicle liability insurer that insures the motor vehicle that the transportation company network driver uses to provide transportation network company services; and (2) Within ten (10) business days of receiving a request for information from a private passenger motor vehicle liability insurer, provide to the private passenger motor vehicle liability insurer information, including the precise times that a transportation network company driver logged on and off of the transportation network company's website, digital network, or software application within the twenty-four (24) hours immediately preceding the accident being investigated. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) (1) A private passenger motor vehicle liability insurance policy may exclude coverage against all loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of a motor vehicle: (A) While the motor vehicle is being used to provide transportation network company services; and (B) While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application. (2) An exclusion of coverage under subdivision (a)(1) of this section may apply to any coverage included in a private passenger motor vehicle liability insurance policy, including without limitation: (A) Liability coverage for bodily injury and property damage; (B) Uninsured and underinsured motorist coverage; (C) Medical payments coverage; (D) Comprehensive physical damage coverage; (E) Collision physical damage coverage; and (F) Coverage under § 23-89-202 .

(1) A private passenger motor vehicle liability insurance policy may exclude coverage against all loss from liability imposed by law for damages arising out of the ownership, maintenance, or use of a motor vehicle: (A) While the motor vehicle is being used to provide transportation network company services; and (B) While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application.

(A) While the motor vehicle is being used to provide transportation network company services; and

(B) While a transportation network company driver is logged on to the transportation network company's website, digital network, or software application.

(2) An exclusion of coverage under subdivision (a)(1) of this section may apply to any coverage included in a private passenger motor vehicle liability insurance policy, including without limitation: (A) Liability coverage for bodily injury and property damage; (B) Uninsured and underinsured motorist coverage; (C) Medical payments coverage; (D) Comprehensive physical damage coverage; (E) Collision physical damage coverage; and (F) Coverage under § 23-89-202 .

(A) Liability coverage for bodily injury and property damage;

(B) Uninsured and underinsured motorist coverage;

(C) Medical payments coverage;

(D) Comprehensive physical damage coverage;

(E) Collision physical damage coverage; and

(F) Coverage under § 23-89-202 .

(b) A private passenger motor vehicle liability insurer that properly excludes coverage under subsection (a) of this section does not have a duty to defend or indemnify a loss.

(c) The failure to pay or receive a suggested donation set by a transportation network company does not constitute the charitable carrying or transportation of persons.

(d) In a claims coverage investigation, a transportation network company and its insurer shall: (1) Cooperate with the private passenger motor vehicle liability insurer that insures the motor vehicle that the transportation company network driver uses to provide transportation network company services; and (2) Within ten (10) business days of receiving a request for information from a private passenger motor vehicle liability insurer, provide to the private passenger motor vehicle liability insurer information, including the precise times that a transportation network company driver logged on and off of the transportation network company's website, digital network, or software application within the twenty-four (24) hours immediately preceding the accident being investigated.

(1) Cooperate with the private passenger motor vehicle liability insurer that insures the motor vehicle that the transportation company network driver uses to provide transportation network company services; and

(2) Within ten (10) business days of receiving a request for information from a private passenger motor vehicle liability insurer, provide to the private passenger motor vehicle liability insurer information, including the precise times that a transportation network company driver logged on and off of the transportation network company's website, digital network, or software application within the twenty-four (24) hours immediately preceding the accident being investigated.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-47-202 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-202
Deposits by minors
Status: in_force

When any deposit is made in any bank by a minor, the bank may pay to the depositor the sums due him or her and the receipt or check of the minor shall be, in all respects, valid in law. Acts 1997, No. 89, § 1.

When any deposit is made in any bank by a minor, the bank may pay to the depositor the sums due him or her and the receipt or check of the minor shall be, in all respects, valid in law.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-112-1021 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1021
Enforcement
Status: in_force

(a) The Arkansas Motor Vehicle Commission may enter orders that direct compliance with this subchapter and rules under this subchapter if any of the following conditions have been met: (1) The commission has conducted a hearing within sixty (60) days on the matter; (2) The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or (3) The commission finds that the current civil or administrative penalties are insufficient. (b) The commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

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

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

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

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

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

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-79-604 — AR Code / Title 23 / Chapter 79 / Subchapter 6 / Section 23-79-604
Exclusions
Status: in_force

This subchapter shall not be construed as prohibiting a health insurance policy from excluding from coverage diabetes self-management training or equipment or supplies and related services for the treatment of Type I diabetes, Type II diabetes, or gestational diabetes when the training, equipment, supplies, and services are not medically necessary, provided that the medical necessity determination is made in accordance with generally accepted standards of the medical profession and other applicable laws and rules. Amended by Act 2019, No. 315,§ 2717, eff. 7/24/2019. Acts 1997, No. 1249, § 4.

This subchapter shall not be construed as prohibiting a health insurance policy from excluding from coverage diabetes self-management training or equipment or supplies and related services for the treatment of Type I diabetes, Type II diabetes, or gestational diabetes when the training, equipment, supplies, and services are not medically necessary, provided that the medical necessity determination is made in accordance with generally accepted standards of the medical profession and other applicable laws and rules.

Amended by Act 2019, No. 315,§ 2717, eff. 7/24/2019.

Acts 1997, No. 1249, § 4.
Ark. Code Ann. § 23-65-402 — AR Code / Title 23 / Chapter 65 / Subchapter 4 / Section 23-65-402
Applicability of multistate agreement or compact
Status: in_force

On and after July 21, 2011, the effective date of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203, in the event of a conflict, the terms of a multistate agreement or compact shall prevail over conflicting state law. Acts 2011, No. 1055, § 3.

On and after July 21, 2011, the effective date of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203, in the event of a conflict, the terms of a multistate agreement or compact shall prevail over conflicting state law.

Acts 2011, No. 1055, § 3.
Ark. Code Ann. § 23-103-412 — AR Code / Title 23 / Chapter 103 / Subchapter 4 / Section 23-103-412
Title insurer - Restrictions
Status: in_force

A title insurer shall not: (1) Appoint any director, officer, controlling shareholder, or employee of a title insurance agency to serve on the title insurer's board of directors if the title insurance agency wrote five percent (5%) or more of the direct premiums of the title insurer written during the previous calendar year as shown on the title insurer's most recent annual statement on file with the Insurance Commissioner, unless the title insurer and the title insurance agency are under common control or ownership; or (2) Jointly employ an individual who is employed with the title insurance agency unless the title insurer and the title insurance agency are under common control or ownership. Acts 2007, No. 684, § 6; 2009, No. 1190, § 9.

A title insurer shall not:

(1) Appoint any director, officer, controlling shareholder, or employee of a title insurance agency to serve on the title insurer's board of directors if the title insurance agency wrote five percent (5%) or more of the direct premiums of the title insurer written during the previous calendar year as shown on the title insurer's most recent annual statement on file with the Insurance Commissioner, unless the title insurer and the title insurance agency are under common control or ownership; or

(2) Jointly employ an individual who is employed with the title insurance agency unless the title insurer and the title insurance agency are under common control or ownership.

Acts 2007, No. 684, § 6; 2009, No. 1190, § 9.
Ark. Code Ann. § 23-79-149 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-149
Prescription drug benefits
Status: in_force

(a) As used in this section, "insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state, by an insurance company, hospital medical corporation, or health maintenance organization. (b) No insurance company, hospital medical corporation, or health maintenance organization issuing insurance policies in this state shall contract with a pharmacist, pharmacy, pharmacy distributor, or wholesale drug distributor, nonresident or otherwise, to provide benefits under such insurance policies for the shipment or delivery of a dispensed legend drug into the State of Arkansas, unless the pharmacist, pharmacy, or distributor has been granted a license or permit from the Arkansas State Board of Pharmacy to operate in the State of Arkansas. (c) (1) Each insurance policy shall apply the same coinsurance, co-payment, and deductible factors to covered drug prescriptions filled by a pharmacy provider who participates in the insurance policy's network if the provider meets the contract's explicit product cost determination. (2) Nothing in this subsection shall be construed to prohibit the insurance policy from applying different coinsurance, copayment, and deductible factors between and among generic and brand name drugs. (d) Insurance policies shall not set a limit on the quantity of drugs which an enrollee may obtain at any one (1) time with a prescription, unless the limit is applied uniformly to all pharmacy providers in the insurance policy's network. (e) (1) For the purpose of this subsection, "maintenance drug" means a drug prescribed by a practitioner who is licensed to prescribe drugs and used to treat a medical condition for a period greater than thirty (30) days. (2) Insurance policies shall not insist or mandate any provider to change an enrollee's maintenance drug, unless the prescribing provider and enrollee agree to such a change. (3) Notwithstanding other provisions of law to the contrary, insurance policies that change an enrollee's maintenance drug without the consent of the provider and enrollee shall be liable to the provider or enrollee, or both, for any damages resulting from the change. (f) The Insurance Commissioner shall enforce the provisions of this section and shall impose and collect a penalty of one thousand dollars ($1,000) for the first violation of this section and a penalty of five thousand dollars ($5,000) for each subsequent violation of this section. In addition, the commissioner shall have all the powers to enforce this section as are granted to the commissioner elsewhere in the Arkansas Insurance Code. (g) The commissioner shall have all the powers to enforce this section, including, but not limited to, ensuring that the different coinsurance, copayment, and deductible factors applicable between and among generic and brand name drugs are reasonable, as are granted to the commissioner elsewhere in the Arkansas Insurance Code. Acts 1999, No. 1486, § 2.

(a) As used in this section, "insurance policy" means any individual, group, or blanket policy, contract, or evidence of coverage written, issued, amended, delivered, or renewed in this state, or which provides such insurance for residents of this state, by an insurance company, hospital medical corporation, or health maintenance organization.

(b) No insurance company, hospital medical corporation, or health maintenance organization issuing insurance policies in this state shall contract with a pharmacist, pharmacy, pharmacy distributor, or wholesale drug distributor, nonresident or otherwise, to provide benefits under such insurance policies for the shipment or delivery of a dispensed legend drug into the State of Arkansas, unless the pharmacist, pharmacy, or distributor has been granted a license or permit from the Arkansas State Board of Pharmacy to operate in the State of Arkansas.

(c) (1) Each insurance policy shall apply the same coinsurance, co-payment, and deductible factors to covered drug prescriptions filled by a pharmacy provider who participates in the insurance policy's network if the provider meets the contract's explicit product cost determination. (2) Nothing in this subsection shall be construed to prohibit the insurance policy from applying different coinsurance, copayment, and deductible factors between and among generic and brand name drugs.

(1) Each insurance policy shall apply the same coinsurance, co-payment, and deductible factors to covered drug prescriptions filled by a pharmacy provider who participates in the insurance policy's network if the provider meets the contract's explicit product cost determination.

(2) Nothing in this subsection shall be construed to prohibit the insurance policy from applying different coinsurance, copayment, and deductible factors between and among generic and brand name drugs.

(d) Insurance policies shall not set a limit on the quantity of drugs which an enrollee may obtain at any one (1) time with a prescription, unless the limit is applied uniformly to all pharmacy providers in the insurance policy's network.

(e) (1) For the purpose of this subsection, "maintenance drug" means a drug prescribed by a practitioner who is licensed to prescribe drugs and used to treat a medical condition for a period greater than thirty (30) days. (2) Insurance policies shall not insist or mandate any provider to change an enrollee's maintenance drug, unless the prescribing provider and enrollee agree to such a change. (3) Notwithstanding other provisions of law to the contrary, insurance policies that change an enrollee's maintenance drug without the consent of the provider and enrollee shall be liable to the provider or enrollee, or both, for any damages resulting from the change.

(1) For the purpose of this subsection, "maintenance drug" means a drug prescribed by a practitioner who is licensed to prescribe drugs and used to treat a medical condition for a period greater than thirty (30) days.

(2) Insurance policies shall not insist or mandate any provider to change an enrollee's maintenance drug, unless the prescribing provider and enrollee agree to such a change.

(3) Notwithstanding other provisions of law to the contrary, insurance policies that change an enrollee's maintenance drug without the consent of the provider and enrollee shall be liable to the provider or enrollee, or both, for any damages resulting from the change.

(f) The Insurance Commissioner shall enforce the provisions of this section and shall impose and collect a penalty of one thousand dollars ($1,000) for the first violation of this section and a penalty of five thousand dollars ($5,000) for each subsequent violation of this section. In addition, the commissioner shall have all the powers to enforce this section as are granted to the commissioner elsewhere in the Arkansas Insurance Code.

(g) The commissioner shall have all the powers to enforce this section, including, but not limited to, ensuring that the different coinsurance, copayment, and deductible factors applicable between and among generic and brand name drugs are reasonable, as are granted to the commissioner elsewhere in the Arkansas Insurance Code.

Acts 1999, No. 1486, § 2.
Ark. Code Ann. § 23-84-119 — AR Code / Title 23 / Chapter 84 / Section 23-84-119
Single-state exemption
Status: in_force

(a) The Insurance Commissioner may exempt specific product forms or product lines of a domestic company that is licensed and doing business only in this state from the requirements of §§ 23-84-115 - 23-84-117 if: (1) The commissioner has issued a written exemption to the company and has not subsequently revoked the exemption in writing; and (2) The company computes reserves using assumptions and methods used before the operative date of the valuation manual in addition to any requirements established by the commissioner. (b) If a company is granted an exemption under subsection (a) of this section: (1) Sections 23-84-103 - 23-84-114 apply to the company; and (2) Any reference to § 23-84-115 found in §§ 23-84-103 - 23-84-112 and 23-84-114 do not apply to the company. Amended by Act 2023, No. 469,§ 13, eff. 8/1/2023. Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015.

(a) The Insurance Commissioner may exempt specific product forms or product lines of a domestic company that is licensed and doing business only in this state from the requirements of §§ 23-84-115 - 23-84-117 if: (1) The commissioner has issued a written exemption to the company and has not subsequently revoked the exemption in writing; and (2) The company computes reserves using assumptions and methods used before the operative date of the valuation manual in addition to any requirements established by the commissioner.

(1) The commissioner has issued a written exemption to the company and has not subsequently revoked the exemption in writing; and

(2) The company computes reserves using assumptions and methods used before the operative date of the valuation manual in addition to any requirements established by the commissioner.

(b) If a company is granted an exemption under subsection (a) of this section: (1) Sections 23-84-103 - 23-84-114 apply to the company; and (2) Any reference to § 23-84-115 found in §§ 23-84-103 - 23-84-112 and 23-84-114 do not apply to the company.

(1) Sections 23-84-103 - 23-84-114 apply to the company; and

(2) Any reference to § 23-84-115 found in §§ 23-84-103 - 23-84-112 and 23-84-114 do not apply to the company.

Amended by Act 2023, No. 469,§ 13, eff. 8/1/2023.

Added by Act 2015, No. 1223,§ 45, eff. 7/22/2015.
Ark. Code Ann. § 23-99-1107 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1107
Prior authorization - Emergency healthcare service
Status: in_force

(a) A utilization review entity shall not require prior authorization for prehospital transportation or for provision of an emergency healthcare service. (b) (1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service. (c) (1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber. (2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary. (d) (1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network. (2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network. (e) (1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request. (2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved. Amended by Act 2017, No. 815,§ 4, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) A utilization review entity shall not require prior authorization for prehospital transportation or for provision of an emergency healthcare service.

(b) (1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service. (2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service.

(1) A utilization review entity shall allow a subscriber and the subscriber's healthcare provider a minimum of twenty-four (24) hours following an emergency admission or provision of an emergency healthcare service for the subscriber or healthcare provider to notify the utilization review entity of the admission or provision of an emergency healthcare service.

(2) If the admission or emergency healthcare service occurs on a holiday or weekend, a utilization review entity shall not require notification until the next business day after the admission or provision of the emergency healthcare service.

(c) (1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber. (2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary.

(1) A utilization review entity shall cover emergency healthcare services necessary to evaluate and assess the health condition of a subscriber or to stabilize a subscriber.

(2) If a healthcare provider certifies in writing to a utilization review entity within seventy-two (72) hours of a subscriber's admission that the subscriber's condition required an emergency healthcare service, that certification will create a presumption that the emergency healthcare service was medically necessary, and such presumption may be rebutted only if the utilization review entity can establish, with clear and convincing evidence, that the emergency healthcare service was not medically necessary.

(d) (1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network. (2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network.

(1) The determination by a utilization review entity of medical necessity of an emergency healthcare service shall not be based on whether the emergency healthcare service was provided by a healthcare provider that is a member of the health benefit plan's provider network.

(2) Restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is not a member of the health benefit plan's provider network shall not be greater than restrictions on coverage for an emergency healthcare service provided by a healthcare provider that is a member of the health benefit plan's provider network.

(e) (1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request. (2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved.

(1) If a subscriber receives an emergency healthcare service that requires an immediate post-evaluation or post-stabilization healthcare service, a utilization review entity shall make an authorization within sixty (60) minutes of receiving a request.

(2) If the authorization is not made within sixty (60) minutes, the emergency healthcare service shall be approved.

Amended by Act 2017, No. 815,§ 4, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-47-905 — AR Code / Title 23 / Chapter 47 / Subchapter 9 / Section 23-47-905
Adverse claims to contents of safe-deposit box
Status: in_force

Notice to a bank of an adverse claim to the contents of a safe-deposit box shall not be sufficient to require the bank to deny access to its lessee unless the adverse claimant also procures a restraining order, injunction, or other process, which has become final and not further appealable, issued in an action by a court of competent jurisdiction in which the lessee is served with process and named as a party. Acts 1997, No. 89, § 1.

Notice to a bank of an adverse claim to the contents of a safe-deposit box shall not be sufficient to require the bank to deny access to its lessee unless the adverse claimant also procures a restraining order, injunction, or other process, which has become final and not further appealable, issued in an action by a court of competent jurisdiction in which the lessee is served with process and named as a party.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-16-206 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-206
Rejection of bond or undertaking
Status: in_force

No common carrier shall reject any bond or undertaking for any reason other than the financial insufficiency of the bond or undertaking. Acts 1911, No. 166, § 1; C. & M. Dig., § 7121; Pope's Dig., § 9107; A.S.A. 1947, § 73-2101.

No common carrier shall reject any bond or undertaking for any reason other than the financial insufficiency of the bond or undertaking.

Acts 1911, No. 166, § 1; C. & M. Dig., § 7121; Pope's Dig., § 9107; A.S.A. 1947, § 73-2101.
Ark. Code Ann. § 23-81-308 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-308
Maturity date
Status: in_force

(a) For the purpose of determining the benefits calculated under §§ 23-81-306 and 23-81-307 , in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract. This date shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later. (b) This section does not apply to annuities funding funeral and related expenses. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1; Acts 2003, No. 669, § 2.

(a) For the purpose of determining the benefits calculated under §§ 23-81-306 and 23-81-307 , in the case of annuity contracts under which an election may be made to have annuity payments commence at optional maturity dates, the maturity date shall be deemed to be the latest date for which election shall be permitted by the contract. This date shall not be deemed to be later than the anniversary of the contract next following the annuitant's seventieth birthday or the tenth anniversary of the contract, whichever is later.

(b) This section does not apply to annuities funding funeral and related expenses.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1; Acts 2003, No. 669, § 2.