Ark. Code Ann. § 23-45-103 — AR Code / Title 23 / Chapter 45 / Section 23-45-103
Effect on existing financial institutions
Status: in_force

(a) The charters of state banks existing at the time of the adoption of the Arkansas Banking Code of 1997 shall continue in full force and effect, and all financial institutions and, to the extent applicable, all national banks and national trust companies, shall hereafter be operated in accordance with the provisions of the Arkansas Banking Code of 1997, and other applicable law. (b) Except as otherwise provided in the Arkansas Banking Code of 1997, the repeal of any provision of chapters 30-34 of this title at the time of adoption of the Arkansas Banking Code of 1997 shall not affect any right accrued or established, or any liability or penalty incurred, under such provision, prior to the repeal thereof. (c) All powers granted in the Arkansas Banking Code of 1997 may be freely exercised by any financial institution to which such powers apply without the necessity of amending its articles of incorporation, unless such articles expressly prohibit the exercise of such powers. Acts 1997, No. 89, § 1.

(a) The charters of state banks existing at the time of the adoption of the Arkansas Banking Code of 1997 shall continue in full force and effect, and all financial institutions and, to the extent applicable, all national banks and national trust companies, shall hereafter be operated in accordance with the provisions of the Arkansas Banking Code of 1997, and other applicable law.

(b) Except as otherwise provided in the Arkansas Banking Code of 1997, the repeal of any provision of chapters 30-34 of this title at the time of adoption of the Arkansas Banking Code of 1997 shall not affect any right accrued or established, or any liability or penalty incurred, under such provision, prior to the repeal thereof.

(c) All powers granted in the Arkansas Banking Code of 1997 may be freely exercised by any financial institution to which such powers apply without the necessity of amending its articles of incorporation, unless such articles expressly prohibit the exercise of such powers.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-16-511 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-511
Right of railroad to contract
Status: in_force

(a) This subchapter is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this subchapter or any applicable federal requirements. (b) The railroad is entitled to rely on a contract carrier's certification that it is operating in compliance with this subchapter without further inquiry. Acts 2009, No. 243, § 1.

(a) This subchapter is not intended to limit and shall not be construed as limiting the right of a railroad to contract with a contract carrier that certifies to the railroad that it is in compliance with the provisions of this subchapter or any applicable federal requirements.

(b) The railroad is entitled to rely on a contract carrier's certification that it is operating in compliance with this subchapter without further inquiry.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-18-912 — AR Code / Title 23 / Chapter 18 / Subchapter 9 / Section 23-18-912
Assignee or financing party not a utility
Status: in_force

An assignee or financing party shall not be considered a utility or person providing electric or natural gas service by virtue of engaging in the transactions described in this subchapter. Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021. Acts 2009, No. 729, § 1.

An assignee or financing party shall not be considered a utility or person providing electric or natural gas service by virtue of engaging in the transactions described in this subchapter.

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

Acts 2009, No. 729, § 1.
Ark. Code Ann. § 23-67-207 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-207
Noncompetitive market
Status: in_force

(a) If the Insurance Commissioner has cause to believe that a reasonable degree of competition does not exist in a market, the commissioner shall hold a hearing. In determining whether a reasonable degree of competition exists, insurers operating within that market shall have the burden of establishing that a reasonable degree of competition exists within that market. (b) (1) The commissioner shall consider relevant tests of competition pertaining to market structure, market performance, and market conduct, and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers. (2) These tests may include, but are not limited to, the following: (A) Size and number of insurers actively engaged in the market; (B) Market shares and changes in market shares of insurers; (C) Ease of entry into and exit from a given market; (D) Underwriting restrictions; and (E) Whether long-term profitability for insurers generally in the market is unreasonably high. (c) After the hearing, the commissioner shall issue an order as to his or her findings. This order shall expire no later than one (1) year after it is effective as provided in the order. Acts 1987, No. 959, § 5.

(a) If the Insurance Commissioner has cause to believe that a reasonable degree of competition does not exist in a market, the commissioner shall hold a hearing. In determining whether a reasonable degree of competition exists, insurers operating within that market shall have the burden of establishing that a reasonable degree of competition exists within that market.

(b) (1) The commissioner shall consider relevant tests of competition pertaining to market structure, market performance, and market conduct, and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers. (2) These tests may include, but are not limited to, the following: (A) Size and number of insurers actively engaged in the market; (B) Market shares and changes in market shares of insurers; (C) Ease of entry into and exit from a given market; (D) Underwriting restrictions; and (E) Whether long-term profitability for insurers generally in the market is unreasonably high.

(1) The commissioner shall consider relevant tests of competition pertaining to market structure, market performance, and market conduct, and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers.

(2) These tests may include, but are not limited to, the following: (A) Size and number of insurers actively engaged in the market; (B) Market shares and changes in market shares of insurers; (C) Ease of entry into and exit from a given market; (D) Underwriting restrictions; and (E) Whether long-term profitability for insurers generally in the market is unreasonably high.

(A) Size and number of insurers actively engaged in the market;

(B) Market shares and changes in market shares of insurers;

(C) Ease of entry into and exit from a given market;

(D) Underwriting restrictions; and

(E) Whether long-term profitability for insurers generally in the market is unreasonably high.

(c) After the hearing, the commissioner shall issue an order as to his or her findings. This order shall expire no later than one (1) year after it is effective as provided in the order.

Acts 1987, No. 959, § 5.
Ark. Code Ann. § 23-67-313 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-313
Competitive selection
Status: in_force

(a) The Insurance Commissioner shall make a good faith effort to comply with the intent of the provisions requiring competitive selection of the administrator of the Arkansas Workers' Compensation Insurance Plan and servicing carriers. The administrator and servicing carriers shall be competitively selected no less often than every three (3) years. Consideration for the administrator and servicing carriers shall include cost, finances, operating and service capabilities, and the record of service and other factors deemed necessary for the effective and proper operation of the plan. The commissioner may suspend formal bidding for the administrator provided that: (1) The commissioner has sought and compared other administrative services available; (2) The commissioner deems there to have been in the interim a satisfactory improvement in administrator and servicing carrier performance; (3) The commissioner judges continuation of the present administrator subject to the modifications herein set forth and to hereafter be promulgated by rule to be in the best interests of Arkansas; (4) Coverage and service is adequately and properly provided to Arkansas employers entitled to insurance, and coverage is provided in other states for employees of Arkansas employers to the extent possible and the proper coverage is in the best interests of the employers and plan operations. Adequate coverage of employees while working on a temporary or occasional basis in other states is essential to Arkansas employers and employees; and (5) The administrator has an office in Arkansas and the office has the staff and authority necessary to properly serve Arkansas employers and the commissioner in accordance with the provisions of this act. (b) The commissioner shall review the plan operations to ensure compliance with this act. The commissioner shall review and report to the Legislative Council and the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce by September 1 of each year, with the first report to be submitted no later than September 1, 1997, including, but not limited to, the following information: (1) Competitive selection of the administrator and servicing carriers; (2) Plan operating performance and service in accordance with the intent of this act, including performance reviews of the administrator, servicing carriers, and plan rules; (3) Proper authority and independence of the Arkansas office to properly perform and secure prompt, fair, and reasonable service as required by this act; and (4) Coverage provided by the plan in other states, including evidence providing that carriers promptly provide coverage for employees of Arkansas employers working in other states as provided in this act. (c) The commissioner is encouraged to hold public hearings as needed to assist in achieving the objectives of this act and to assist with the review and report provided to the Legislative Council and the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce. Amended by Act 2019, No. 315,§ 2679, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2678, eff. 7/24/2019. Acts 1993, No. 1155, § 3; 1997, No. 1143, § 2.

(a) The Insurance Commissioner shall make a good faith effort to comply with the intent of the provisions requiring competitive selection of the administrator of the Arkansas Workers' Compensation Insurance Plan and servicing carriers. The administrator and servicing carriers shall be competitively selected no less often than every three (3) years. Consideration for the administrator and servicing carriers shall include cost, finances, operating and service capabilities, and the record of service and other factors deemed necessary for the effective and proper operation of the plan. The commissioner may suspend formal bidding for the administrator provided that: (1) The commissioner has sought and compared other administrative services available; (2) The commissioner deems there to have been in the interim a satisfactory improvement in administrator and servicing carrier performance; (3) The commissioner judges continuation of the present administrator subject to the modifications herein set forth and to hereafter be promulgated by rule to be in the best interests of Arkansas; (4) Coverage and service is adequately and properly provided to Arkansas employers entitled to insurance, and coverage is provided in other states for employees of Arkansas employers to the extent possible and the proper coverage is in the best interests of the employers and plan operations. Adequate coverage of employees while working on a temporary or occasional basis in other states is essential to Arkansas employers and employees; and (5) The administrator has an office in Arkansas and the office has the staff and authority necessary to properly serve Arkansas employers and the commissioner in accordance with the provisions of this act.

(1) The commissioner has sought and compared other administrative services available;

(2) The commissioner deems there to have been in the interim a satisfactory improvement in administrator and servicing carrier performance;

(3) The commissioner judges continuation of the present administrator subject to the modifications herein set forth and to hereafter be promulgated by rule to be in the best interests of Arkansas;

(4) Coverage and service is adequately and properly provided to Arkansas employers entitled to insurance, and coverage is provided in other states for employees of Arkansas employers to the extent possible and the proper coverage is in the best interests of the employers and plan operations. Adequate coverage of employees while working on a temporary or occasional basis in other states is essential to Arkansas employers and employees; and

(5) The administrator has an office in Arkansas and the office has the staff and authority necessary to properly serve Arkansas employers and the commissioner in accordance with the provisions of this act.

(b) The commissioner shall review the plan operations to ensure compliance with this act. The commissioner shall review and report to the Legislative Council and the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce by September 1 of each year, with the first report to be submitted no later than September 1, 1997, including, but not limited to, the following information: (1) Competitive selection of the administrator and servicing carriers; (2) Plan operating performance and service in accordance with the intent of this act, including performance reviews of the administrator, servicing carriers, and plan rules; (3) Proper authority and independence of the Arkansas office to properly perform and secure prompt, fair, and reasonable service as required by this act; and (4) Coverage provided by the plan in other states, including evidence providing that carriers promptly provide coverage for employees of Arkansas employers working in other states as provided in this act.

(1) Competitive selection of the administrator and servicing carriers;

(2) Plan operating performance and service in accordance with the intent of this act, including performance reviews of the administrator, servicing carriers, and plan rules;

(3) Proper authority and independence of the Arkansas office to properly perform and secure prompt, fair, and reasonable service as required by this act; and

(4) Coverage provided by the plan in other states, including evidence providing that carriers promptly provide coverage for employees of Arkansas employers working in other states as provided in this act.

(c) The commissioner is encouraged to hold public hearings as needed to assist in achieving the objectives of this act and to assist with the review and report provided to the Legislative Council and the Senate Committee on Insurance and Commerce and the House Committee on Insurance and Commerce.

Amended by Act 2019, No. 315,§ 2679, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2678, eff. 7/24/2019.

Acts 1993, No. 1155, § 3; 1997, No. 1143, § 2.
Ark. Code Ann. § 23-10-439 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-439
Perishable freight - Time for loading - Demurrage charges
Status: in_force

(a) When cars have been delivered to the shipper as provided for by § 23-10-438 , he or she shall have twenty-four (24) hours from 7:00 a.m. of the day following the receipt of the cars in which to load cars. (b) (1) After the expiration of the free time as provided for in this section, he or she shall forfeit to the railroad company the sum of five dollars ($5.00) per car per day for each day he or she shall hold the car. (2) If the cars are not used by the shipper within the free time allowed in this section and he or she refuses to pay the five dollars ($5.00) per day provided for in this section, the railroad company may recover the cars and will not be compelled to furnish the shipper any more cars until he or she has fully paid all delinquent damages. Acts 1909, No. 233, § 2, p. 698; C. & M. Dig., § 932; Pope's Dig., § 1136; A.S.A. 1947, § 73-1332.

(a) When cars have been delivered to the shipper as provided for by § 23-10-438 , he or she shall have twenty-four (24) hours from 7:00 a.m. of the day following the receipt of the cars in which to load cars.

(b) (1) After the expiration of the free time as provided for in this section, he or she shall forfeit to the railroad company the sum of five dollars ($5.00) per car per day for each day he or she shall hold the car. (2) If the cars are not used by the shipper within the free time allowed in this section and he or she refuses to pay the five dollars ($5.00) per day provided for in this section, the railroad company may recover the cars and will not be compelled to furnish the shipper any more cars until he or she has fully paid all delinquent damages.

(1) After the expiration of the free time as provided for in this section, he or she shall forfeit to the railroad company the sum of five dollars ($5.00) per car per day for each day he or she shall hold the car.

(2) If the cars are not used by the shipper within the free time allowed in this section and he or she refuses to pay the five dollars ($5.00) per day provided for in this section, the railroad company may recover the cars and will not be compelled to furnish the shipper any more cars until he or she has fully paid all delinquent damages.

Acts 1909, No. 233, § 2, p. 698; C. & M. Dig., § 932; Pope's Dig., § 1136; A.S.A. 1947, § 73-1332.
Ark. Code Ann. § 23-63-1312 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1312
Immunity
Status: in_force

There is no liability by and no cause of action shall arise against the Insurance Commissioner or the State Insurance Department or its employees or agents for action taken by them in the performance of their powers and duties under this subchapter. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

There is no liability by and no cause of action shall arise against the Insurance Commissioner or the State Insurance Department or its employees or agents for action taken by them in the performance of their powers and duties under this subchapter.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-92-418 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-418
Filing of information
Status: in_force

(a) Each employer service assurance organization shall file with the Insurance Commissioner each affidavit and related document and information under § 23-92-414 or § 23-92-419(b) on or before the date the affidavit or related document and information are otherwise due, as prescribed by the commissioner. (b) The commissioner may extend the filing deadline by prior written notice to the filer. Acts 2003, No. 1750, § 1.

(a) Each employer service assurance organization shall file with the Insurance Commissioner each affidavit and related document and information under § 23-92-414 or § 23-92-419(b) on or before the date the affidavit or related document and information are otherwise due, as prescribed by the commissioner.

(b) The commissioner may extend the filing deadline by prior written notice to the filer.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-62-104 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-104
Property insurance
Status: in_force

As used in the Arkansas Insurance Code, unless the context otherwise requires, "property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause and against loss consequential upon the loss or damage, other than noncontractual legal liability for the loss or damage. Acts 1959, No. 148, § 75; A.S.A. 1947, § 66-2404.

As used in the Arkansas Insurance Code, unless the context otherwise requires, "property insurance" is insurance on real or personal property of every kind and of every interest therein, whether on land, water, or in the air, against loss or damage from any and all hazard or cause and against loss consequential upon the loss or damage, other than noncontractual legal liability for the loss or damage.

Acts 1959, No. 148, § 75; A.S.A. 1947, § 66-2404.
Ark. Code Ann. § 23-10-422 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-422
Shipment to consignor's order - Notice
Status: in_force

When consignors ship goods consigned to order, but express in their bills of lading or shipping directions the name of the person to notify at the destination, it shall be the duty of the railroad company to give legal notice to that party in the same way and under the same rule as if the shipment had been made directly to him or her. However, when consignors do not comply with this condition, the railroad company shall give notice only to the consignors. At the expiration of free time, the carrier shall give notice thereof to the consignor. Acts 1907, No. 193, § 15, p. 453; C. & M. Dig., § 910; Pope's Dig., § 1114; A.S.A. 1947, § 73-1324.

When consignors ship goods consigned to order, but express in their bills of lading or shipping directions the name of the person to notify at the destination, it shall be the duty of the railroad company to give legal notice to that party in the same way and under the same rule as if the shipment had been made directly to him or her. However, when consignors do not comply with this condition, the railroad company shall give notice only to the consignors. At the expiration of free time, the carrier shall give notice thereof to the consignor.

Acts 1907, No. 193, § 15, p. 453; C. & M. Dig., § 910; Pope's Dig., § 1114; A.S.A. 1947, § 73-1324.
Ark. Code Ann. § 23-32-305 — AR Code / Title 23 / Chapter 32 / Subchapter 3 / Section 23-32-305
Exemption from posting bond in certain transactions
Status: in_force

(a) Except when the dollar amount of responsibility assumed exceeds its net capital and surplus, no state or federal savings and loan association, chartered or licensed to do business in this state, shall be required to furnish fidelity, surety, or performance bond, called "bond" in this subchapter, in business transactions involving: (1) Garnishment; (2) Replevin; (3) Foreclosure; and (4) Forcible entry and detainer. (b) At the beginning of any proceeding in all such business transactions, the state or federal savings and loan association shall, upon request, furnish to each party to the transaction a copy of its most recent statement of financial condition. Acts 1997, No. 84, § 5.

(a) Except when the dollar amount of responsibility assumed exceeds its net capital and surplus, no state or federal savings and loan association, chartered or licensed to do business in this state, shall be required to furnish fidelity, surety, or performance bond, called "bond" in this subchapter, in business transactions involving: (1) Garnishment; (2) Replevin; (3) Foreclosure; and (4) Forcible entry and detainer.

(1) Garnishment;

(2) Replevin;

(3) Foreclosure; and

(4) Forcible entry and detainer.

(b) At the beginning of any proceeding in all such business transactions, the state or federal savings and loan association shall, upon request, furnish to each party to the transaction a copy of its most recent statement of financial condition.

Acts 1997, No. 84, § 5.
Ark. Code Ann. § 23-86-506 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-506
Health insurance purchasing group administrative services to members
Status: in_force

(a) (1) Each health insurance purchasing group may provide administrative services for its members. (2) The services may include, but are not limited to, accounting, billing, enrollment information, and employee coverage status reports. (b) The health insurance purchasing group may delegate or contract its billing and other administrative duties to a third-party administrator as defined under § 23-92-201 in compliance with the Arkansas Insurance Code. (c) Nothing in this section shall be construed as preventing a health insurance purchasing group from serving as an administrative service organization to any entity. (d) (1) Each health insurance purchasing group shall collect and disseminate or arrange for the collection and dissemination of consumer-oriented information on the scope, cost, and enrollee satisfaction of all coverage options offered through the health insurance purchasing group to its members. (2) The information shall be defined by the health insurance purchasing group and shall be in a manner appropriate to the type of coverage offered. (3) To the extent practicable, the information shall include information on provider performance, locations, and hours of operation of providers, outcomes, and similar matters. (4) Nothing in this section shall be construed as preventing the dissemination of the information or other information by the health insurance purchasing group or by the healthcare insurer, health maintenance organization, or organization through electronic or other means. (e) The contract between a health insurance purchasing group and a health insurance purchasing group health carrier shall provide that the health insurance purchasing group may collect premiums on behalf of the issuer for coverage, less a predetermined administrative charge negotiated by the health insurance purchasing group and the issuer. Acts 2001, No. 925, § 6.

(a) (1) Each health insurance purchasing group may provide administrative services for its members. (2) The services may include, but are not limited to, accounting, billing, enrollment information, and employee coverage status reports.

(1) Each health insurance purchasing group may provide administrative services for its members.

(2) The services may include, but are not limited to, accounting, billing, enrollment information, and employee coverage status reports.

(b) The health insurance purchasing group may delegate or contract its billing and other administrative duties to a third-party administrator as defined under § 23-92-201 in compliance with the Arkansas Insurance Code.

(c) Nothing in this section shall be construed as preventing a health insurance purchasing group from serving as an administrative service organization to any entity.

(d) (1) Each health insurance purchasing group shall collect and disseminate or arrange for the collection and dissemination of consumer-oriented information on the scope, cost, and enrollee satisfaction of all coverage options offered through the health insurance purchasing group to its members. (2) The information shall be defined by the health insurance purchasing group and shall be in a manner appropriate to the type of coverage offered. (3) To the extent practicable, the information shall include information on provider performance, locations, and hours of operation of providers, outcomes, and similar matters. (4) Nothing in this section shall be construed as preventing the dissemination of the information or other information by the health insurance purchasing group or by the healthcare insurer, health maintenance organization, or organization through electronic or other means.

(1) Each health insurance purchasing group shall collect and disseminate or arrange for the collection and dissemination of consumer-oriented information on the scope, cost, and enrollee satisfaction of all coverage options offered through the health insurance purchasing group to its members.

(2) The information shall be defined by the health insurance purchasing group and shall be in a manner appropriate to the type of coverage offered.

(3) To the extent practicable, the information shall include information on provider performance, locations, and hours of operation of providers, outcomes, and similar matters.

(4) Nothing in this section shall be construed as preventing the dissemination of the information or other information by the health insurance purchasing group or by the healthcare insurer, health maintenance organization, or organization through electronic or other means.

(e) The contract between a health insurance purchasing group and a health insurance purchasing group health carrier shall provide that the health insurance purchasing group may collect premiums on behalf of the issuer for coverage, less a predetermined administrative charge negotiated by the health insurance purchasing group and the issuer.

Acts 2001, No. 925, § 6.
Ark. Code Ann. § 23-79-802 — AR Code / Title 23 / Chapter 79 / Subchapter 8 / Section 23-79-802
Definitions
Status: in_force

As used in this subchapter: (1) "Health benefits plan" means any individual, blanket, or group plan, policy, or contract for healthcare services, issued or delivered by a healthcare insurer, health maintenance organization, or hospital and medical service corporation, excluding plans, policies, or contracts providing healthcare benefits or healthcare services pursuant to Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., the Public Employee Workers' Compensation Act, § 21-5-601 et seq., and the no-fault medical and hospital benefit requirements under § 23-89-202 ; and (2) (A) (i) "State-mandated health benefits" means coverages for healthcare services or benefits required by state law or state rules, requiring the reimbursement or utilization related to a specific health illness, injury, or condition of the covered person or inclusion of a specific category of licensed healthcare practitioner to be provided to the covered person in a health benefits plan for a health-related condition of a covered person. (ii) However, for the purposes of the options provided by this subchapter, state-mandated health benefits that may be excluded, in whole or in part, shall not include any healthcare services or benefits that were mandated by Acts 1971, No. 34. (B) "State-mandated health benefits" does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or rules unrelated to a specific health illness, injury, or condition of the insured, including, but not limited to, those related to continuation of benefits in § 23-86-114 , or entitlement to a conversion policy under § 23-86-115 . Amended by Act 2019, No. 315,§ 2719, eff. 7/24/2019. Acts 2001, No. 924, § 2.

As used in this subchapter:

(1) "Health benefits plan" means any individual, blanket, or group plan, policy, or contract for healthcare services, issued or delivered by a healthcare insurer, health maintenance organization, or hospital and medical service corporation, excluding plans, policies, or contracts providing healthcare benefits or healthcare services pursuant to Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., the Public Employee Workers' Compensation Act, § 21-5-601 et seq., and the no-fault medical and hospital benefit requirements under § 23-89-202 ; and

(2) (A) (i) "State-mandated health benefits" means coverages for healthcare services or benefits required by state law or state rules, requiring the reimbursement or utilization related to a specific health illness, injury, or condition of the covered person or inclusion of a specific category of licensed healthcare practitioner to be provided to the covered person in a health benefits plan for a health-related condition of a covered person. (ii) However, for the purposes of the options provided by this subchapter, state-mandated health benefits that may be excluded, in whole or in part, shall not include any healthcare services or benefits that were mandated by Acts 1971, No. 34. (B) "State-mandated health benefits" does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or rules unrelated to a specific health illness, injury, or condition of the insured, including, but not limited to, those related to continuation of benefits in § 23-86-114 , or entitlement to a conversion policy under § 23-86-115 .

(A) (i) "State-mandated health benefits" means coverages for healthcare services or benefits required by state law or state rules, requiring the reimbursement or utilization related to a specific health illness, injury, or condition of the covered person or inclusion of a specific category of licensed healthcare practitioner to be provided to the covered person in a health benefits plan for a health-related condition of a covered person. (ii) However, for the purposes of the options provided by this subchapter, state-mandated health benefits that may be excluded, in whole or in part, shall not include any healthcare services or benefits that were mandated by Acts 1971, No. 34.

(i) "State-mandated health benefits" means coverages for healthcare services or benefits required by state law or state rules, requiring the reimbursement or utilization related to a specific health illness, injury, or condition of the covered person or inclusion of a specific category of licensed healthcare practitioner to be provided to the covered person in a health benefits plan for a health-related condition of a covered person.

(ii) However, for the purposes of the options provided by this subchapter, state-mandated health benefits that may be excluded, in whole or in part, shall not include any healthcare services or benefits that were mandated by Acts 1971, No. 34.

(B) "State-mandated health benefits" does not mean standard provisions or rights required to be present in a health benefit plan pursuant to state law or rules unrelated to a specific health illness, injury, or condition of the insured, including, but not limited to, those related to continuation of benefits in § 23-86-114 , or entitlement to a conversion policy under § 23-86-115 .

Amended by Act 2019, No. 315,§ 2719, eff. 7/24/2019.

Acts 2001, No. 924, § 2.
Ark. Code Ann. § 23-1-106 — AR Code / Title 23 / Chapter 1 / Section 23-1-106
Penalties cumulative - Recovery of penalty not bar to further penalty or criminal prosecution
Status: in_force

(a) All penalties accruing under this act shall be cumulative. (b) A suit for the recovery of one (1) penalty shall not be a bar to, or affect, the recovery of any other penalty or forfeiture, nor shall it be a bar to any criminal prosecution against any public utility or any officer, director, agent, or employee thereof or against any other corporation or person. Acts 1935, No. 324, § 63; Pope's Dig., § 2123; A.S.A. 1947, § 73-259.

(a) All penalties accruing under this act shall be cumulative.

(b) A suit for the recovery of one (1) penalty shall not be a bar to, or affect, the recovery of any other penalty or forfeiture, nor shall it be a bar to any criminal prosecution against any public utility or any officer, director, agent, or employee thereof or against any other corporation or person.

Acts 1935, No. 324, § 63; Pope's Dig., § 2123; A.S.A. 1947, § 73-259.
Ark. Code Ann. § 23-47-805 — AR Code / Title 23 / Chapter 47 / Subchapter 8 / Section 23-47-805
Deposits
Status: in_force

(a) A subsidiary trust company or national trust company may deposit with an affiliated bank fiduciary funds that are being held pending investment, distribution, or payment of debts. (b) A subsidiary trust company or national trust company may deposit with an affiliated bank fiduciary funds as a permanent investment if authorized by the settlor in the instrument creating the trust or if authorized in a writing delivered to the trustee by a beneficiary currently eligible to receive distributions from a trust. Acts 1997, No. 89, § 1.

(a) A subsidiary trust company or national trust company may deposit with an affiliated bank fiduciary funds that are being held pending investment, distribution, or payment of debts.

(b) A subsidiary trust company or national trust company may deposit with an affiliated bank fiduciary funds as a permanent investment if authorized by the settlor in the instrument creating the trust or if authorized in a writing delivered to the trustee by a beneficiary currently eligible to receive distributions from a trust.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-10-306 — AR Code / Title 23 / Chapter 10 / Subchapter 3 / Section 23-10-306
Unclaimed goods
Status: in_force

(a) When any goods, merchandise, or other property has been received by any warehouser, commission merchant, or common carrier and is not claimed or received by the owner, consignee, or other authorized person for the period of six (6) months from the time it should have been called for, it shall be lawful for the warehouser, commission merchant, or carrier to sell the goods, merchandise, or other property to the highest bidder for cash. Twenty (20) days' notice of the time and place of sale shall first be given to the owner, consignee, or consignor, when known, and by advertisement with two (2) insertions in a daily or weekly newspaper published in the county where the sale is to take place. (b) (1) The proceeds of the sale are to be applied to the payment of freight, storage, and charges due and the cost of advertising and making the sale. (2) If any surplus is left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the surplus shall be paid over to the rightful owner of the property at any time thereafter, upon demand being made therefor. (c) Railroad companies shall not charge storage for the first forty-eight (48) hours, nor more than five cents (5¢) per day after the first forty-eight (48) hours on baggage not exceeding one hundred fifty pounds (150 lbs.). (d) A record of the sale shall be kept. The record shall be open to the inspection of all parties interested therein. Acts 1895, No. 30, § 1, p. 34; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1355.

(a) When any goods, merchandise, or other property has been received by any warehouser, commission merchant, or common carrier and is not claimed or received by the owner, consignee, or other authorized person for the period of six (6) months from the time it should have been called for, it shall be lawful for the warehouser, commission merchant, or carrier to sell the goods, merchandise, or other property to the highest bidder for cash. Twenty (20) days' notice of the time and place of sale shall first be given to the owner, consignee, or consignor, when known, and by advertisement with two (2) insertions in a daily or weekly newspaper published in the county where the sale is to take place.

(b) (1) The proceeds of the sale are to be applied to the payment of freight, storage, and charges due and the cost of advertising and making the sale. (2) If any surplus is left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the surplus shall be paid over to the rightful owner of the property at any time thereafter, upon demand being made therefor.

(1) The proceeds of the sale are to be applied to the payment of freight, storage, and charges due and the cost of advertising and making the sale.

(2) If any surplus is left after paying freight, storage, cost of advertising, and all other just and reasonable charges, the surplus shall be paid over to the rightful owner of the property at any time thereafter, upon demand being made therefor.

(c) Railroad companies shall not charge storage for the first forty-eight (48) hours, nor more than five cents (5¢) per day after the first forty-eight (48) hours on baggage not exceeding one hundred fifty pounds (150 lbs.).

(d) A record of the sale shall be kept. The record shall be open to the inspection of all parties interested therein.

Acts 1895, No. 30, § 1, p. 34; C. & M. Dig., § 972; Pope's Dig., § 1176; A.S.A. 1947, § 73-1355.
Ark. Code Ann. § 23-112-605 — AR Code / Title 23 / Chapter 112 / Subchapter 6 / Section 23-112-605
Violations
Status: in_force

It shall be a violation of this subchapter to knowingly or intentionally: (1) (A) Sell a vehicle without a dealer's license. (B) The sale of each vehicle shall constitute a separate offense; (2) Commit a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicles; (3) Fail to maintain the conditions and requirements necessary to qualify for the issuance of a license; (4) Sell, attempt to sell, or advertise for sale vehicles from a location other than that set forth on the dealer's license, except: (A) As a participating dealer in a state trade association promotion or exhibit; (B) With a special sale permit; or (C) At an auto auction; (5) Falsify, alter, or neglect to endorse or deliver a certificate of title to a transferee or lawful owner, or fail to properly designate a transferee on a document of assignment or certificate of title; (6) Knowingly purchase, sell, or otherwise acquire or dispose of a stolen motor vehicle; (7) Submit a false affidavit setting forth that a title has been lost or destroyed; (8) Pass title or reassign title as a dealer without a dealer's license or when his or her dealer's license has been suspended; (9) To represent oneself as a dealer or as a salesperson, either verbally or in any advertisement, when not licensed as such; (10) Violate any provision or requirement in this subchapter; or (11) Knowingly assist an unlicensed dealer in the sale of a motor vehicle. Acts 1993, No. 490, § 11; 1995, No. 357, § 2.

It shall be a violation of this subchapter to knowingly or intentionally:

(1) (A) Sell a vehicle without a dealer's license. (B) The sale of each vehicle shall constitute a separate offense;

(A) Sell a vehicle without a dealer's license.

(B) The sale of each vehicle shall constitute a separate offense;

(2) Commit a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicles;

(3) Fail to maintain the conditions and requirements necessary to qualify for the issuance of a license;

(4) Sell, attempt to sell, or advertise for sale vehicles from a location other than that set forth on the dealer's license, except: (A) As a participating dealer in a state trade association promotion or exhibit; (B) With a special sale permit; or (C) At an auto auction;

(A) As a participating dealer in a state trade association promotion or exhibit;

(B) With a special sale permit; or

(C) At an auto auction;

(5) Falsify, alter, or neglect to endorse or deliver a certificate of title to a transferee or lawful owner, or fail to properly designate a transferee on a document of assignment or certificate of title;

(6) Knowingly purchase, sell, or otherwise acquire or dispose of a stolen motor vehicle;

(7) Submit a false affidavit setting forth that a title has been lost or destroyed;

(8) Pass title or reassign title as a dealer without a dealer's license or when his or her dealer's license has been suspended;

(9) To represent oneself as a dealer or as a salesperson, either verbally or in any advertisement, when not licensed as such;

(10) Violate any provision or requirement in this subchapter; or

(11) Knowingly assist an unlicensed dealer in the sale of a motor vehicle.

Acts 1993, No. 490, § 11; 1995, No. 357, § 2.
Ark. Code Ann. § 23-68-111 — AR Code / Title 23 / Chapter 68 / Section 23-68-111
Order of liquidation - Domestic and alien insurers
Status: in_force

(a) (1) An order to liquidate the business of a domestic insurer shall direct the Insurance Commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in his or her own name as commissioner or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present the claims. (2) The commissioner may apply for and secure an order dissolving the corporate existence of a domestic insurer upon his or her application for an order of liquidation of the insurer or at any time after the order of liquidation has been granted. (b) An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, save and except only that the assets of the business of such United States branch shall be the only assets included therein. Acts 1959, No. 148, §§ 648, 649; A.S.A. 1947, §§ 66-4811, 66-4812.

(a) (1) An order to liquidate the business of a domestic insurer shall direct the Insurance Commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in his or her own name as commissioner or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present the claims. (2) The commissioner may apply for and secure an order dissolving the corporate existence of a domestic insurer upon his or her application for an order of liquidation of the insurer or at any time after the order of liquidation has been granted.

(1) An order to liquidate the business of a domestic insurer shall direct the Insurance Commissioner forthwith to take possession of the property of the insurer, to liquidate its business, to deal with the insurer's property and business in his or her own name as commissioner or in the name of the insurer, as the court may direct, and to give notice to all creditors who may have claims against the insurer to present the claims.

(2) The commissioner may apply for and secure an order dissolving the corporate existence of a domestic insurer upon his or her application for an order of liquidation of the insurer or at any time after the order of liquidation has been granted.

(b) An order to liquidate the business of a United States branch of an alien insurer having trusteed assets in this state shall be in the same terms as those prescribed for domestic insurers, save and except only that the assets of the business of such United States branch shall be the only assets included therein.

Acts 1959, No. 148, §§ 648, 649; A.S.A. 1947, §§ 66-4811, 66-4812.
Ark. Code Ann. § 23-66-205 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-205
Unfair competition or unfair or deceptive acts or practices prohibited
Status: in_force

No person shall engage in this state in any trade practice which is defined in this subchapter as being, or determined pursuant to this subchapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. This subchapter shall apply to policies and contracts of surplus lines insurers, as appropriate and unless the context requires otherwise. Acts 1959, No. 148, § 211; A.S.A. 1947, § 66-3004; Acts 1999, No. 881, § 8.

No person shall engage in this state in any trade practice which is defined in this subchapter as being, or determined pursuant to this subchapter to be, an unfair method of competition or an unfair or deceptive act or practice in the business of insurance. This subchapter shall apply to policies and contracts of surplus lines insurers, as appropriate and unless the context requires otherwise.

Acts 1959, No. 148, § 211; A.S.A. 1947, § 66-3004; Acts 1999, No. 881, § 8.
Ark. Code Ann. § 23-63-214 — AR Code / Title 23 / Chapter 63 / Subchapter 2 / Section 23-63-214
Certificate of authority - Notice of suspension or revocation
Status: in_force

(a) Suspension or revocation of an insurer's certificate of authority shall be by the Insurance Commissioner's order given to the insurer as provided by § 23-61-109 . (b) The commissioner shall promptly also give notice of the suspension or revocation to the insurer's agents in this state of record in the commissioner's office. (c) The insurer shall not solicit or write any new business in this state during the period of any suspension or revocation. Provided, however, the insurer shall be allowed to renew and service existing policies and contracts during the period of any suspension, unless limited by the commissioner by his or her order or by court order. Acts 1959, No. 148, § 58; A.S.A. 1947, § 66-2216; Acts 2001, No. 1604, § 25.

(a) Suspension or revocation of an insurer's certificate of authority shall be by the Insurance Commissioner's order given to the insurer as provided by § 23-61-109 .

(b) The commissioner shall promptly also give notice of the suspension or revocation to the insurer's agents in this state of record in the commissioner's office.

(c) The insurer shall not solicit or write any new business in this state during the period of any suspension or revocation. Provided, however, the insurer shall be allowed to renew and service existing policies and contracts during the period of any suspension, unless limited by the commissioner by his or her order or by court order.

Acts 1959, No. 148, § 58; A.S.A. 1947, § 66-2216; Acts 2001, No. 1604, § 25.
Ark. Code Ann. § 23-72-104 — AR Code / Title 23 / Chapter 72 / Section 23-72-104
Minimum requirements for new insurers
Status: in_force

(a) No insurer shall transact mutual assessment life or disability insurance in this state unless it lawfully had authority to transact the insurance on January 1, 1960, and provided further that from and after January 1, 1968, the insurer shall be required to: (1) Maintain reserves on all life insurance policies, annuity and endowment contracts, and disability insurance policies issued on or after January 1, 1968, in the following manner: (A) Reserves on all life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and (B) Reserves on all accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq.; and (2) Insert in all life insurance policies and annuity and endowment contracts issued on and after January 1, 1968, a provision for nonforfeiture benefits in accordance with the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq. (b) No insurer shall continue to be authorized to transact mutual assessment life or disability insurance in this state unless it is otherwise entitled to such authority and has: (1) At least two thousand (2,000) members regularly paying their assessments; and (2) Surplus funds of at least ten thousand dollars ($10,000). (c) No domestic insurer shall hereafter be organized to transact life or disability insurance on the mutual assessment plan. Acts 1959, No. 148, § 557; 1967, No. 393, § 2; A.S.A. 1947, § 66-4502; Acts 2001, No. 1566, § 16.

(a) No insurer shall transact mutual assessment life or disability insurance in this state unless it lawfully had authority to transact the insurance on January 1, 1960, and provided further that from and after January 1, 1968, the insurer shall be required to: (1) Maintain reserves on all life insurance policies, annuity and endowment contracts, and disability insurance policies issued on or after January 1, 1968, in the following manner: (A) Reserves on all life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and (B) Reserves on all accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq.; and (2) Insert in all life insurance policies and annuity and endowment contracts issued on and after January 1, 1968, a provision for nonforfeiture benefits in accordance with the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

(1) Maintain reserves on all life insurance policies, annuity and endowment contracts, and disability insurance policies issued on or after January 1, 1968, in the following manner: (A) Reserves on all life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and (B) Reserves on all accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq.; and

(A) Reserves on all life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and

(B) Reserves on all accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq.; and

(2) Insert in all life insurance policies and annuity and endowment contracts issued on and after January 1, 1968, a provision for nonforfeiture benefits in accordance with the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

(b) No insurer shall continue to be authorized to transact mutual assessment life or disability insurance in this state unless it is otherwise entitled to such authority and has: (1) At least two thousand (2,000) members regularly paying their assessments; and (2) Surplus funds of at least ten thousand dollars ($10,000).

(1) At least two thousand (2,000) members regularly paying their assessments; and

(2) Surplus funds of at least ten thousand dollars ($10,000).

(c) No domestic insurer shall hereafter be organized to transact life or disability insurance on the mutual assessment plan.

Acts 1959, No. 148, § 557; 1967, No. 393, § 2; A.S.A. 1947, § 66-4502; Acts 2001, No. 1566, § 16.
Ark. Code Ann. § 23-42-108 — AR Code / Title 23 / Chapter 42 / Subchapter 1 / Section 23-42-108
Rights and remedies cumulative
Status: in_force

The rights and remedies provided by this chapter are in addition to any other rights that may exist at law or in equity. Acts 1959, No. 254, § 22; 1977, No. 493, § 15; A.S.A. 1947, § 67-1256.

The rights and remedies provided by this chapter are in addition to any other rights that may exist at law or in equity.

Acts 1959, No. 254, § 22; 1977, No. 493, § 15; A.S.A. 1947, § 67-1256.
Ark. Code Ann. § 23-93-202 — AR Code / Title 23 / Chapter 93 / Subchapter 2 / Section 23-93-202
Continuing Care Provider Regulation Act - Applicability
Status: in_force

(a) In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, § 23-93-101 et seq. (b) (1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner. (2) However, a life care provider established before August 13, 1993, shall be licensed without application or payment of a fee. (c) (1) A life care provider shall include at least one (1) resident of the continuing care community who is nominated by the residents as a voting member of the life care provider's governing body. (2) A resident member shall perform his or her duties in a manner that complies with the standards of conduct and fiduciary duties of the members of the governing board of the life care provider. Amended by Act 2019, No. 777,§ 1, eff. 7/24/2019. Acts 1993, No. 787, §§ 2, 3.

(a) In addition to this subchapter, a life care provider is subject to the Continuing Care Provider Regulation Act, § 23-93-101 et seq.

(b) (1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner. (2) However, a life care provider established before August 13, 1993, shall be licensed without application or payment of a fee.

(1) A life care provider shall not be established, conducted, or maintained in this state without obtaining a license from the Insurance Commissioner.

(2) However, a life care provider established before August 13, 1993, shall be licensed without application or payment of a fee.

(c) (1) A life care provider shall include at least one (1) resident of the continuing care community who is nominated by the residents as a voting member of the life care provider's governing body. (2) A resident member shall perform his or her duties in a manner that complies with the standards of conduct and fiduciary duties of the members of the governing board of the life care provider.

(1) A life care provider shall include at least one (1) resident of the continuing care community who is nominated by the residents as a voting member of the life care provider's governing body.

(2) A resident member shall perform his or her duties in a manner that complies with the standards of conduct and fiduciary duties of the members of the governing board of the life care provider.

Amended by Act 2019, No. 777,§ 1, eff. 7/24/2019.

Acts 1993, No. 787, §§ 2, 3.
Ark. Code Ann. § 23-71-104 — AR Code / Title 23 / Chapter 71 / Section 23-71-104
Incorporation, reincorporation, or formation prohibited
Status: in_force

No corporation or other entity shall be incorporated, reincorporated, or formed in this state as a stipulated premium plan insurer after January 1, 1960. Acts 1959, No. 148, § 543; A.S.A. 1947, § 66-4404.

No corporation or other entity shall be incorporated, reincorporated, or formed in this state as a stipulated premium plan insurer after January 1, 1960.

Acts 1959, No. 148, § 543; A.S.A. 1947, § 66-4404.
Ark. Code Ann. § 23-70-115 — AR Code / Title 23 / Chapter 70 / Section 23-70-115
Subscribers generally
Status: in_force

(a) Individuals, partnerships, and corporations of this state may make application, enter into agreement for, and hold policies or contracts in or with, and be a subscriber of, any domestic, foreign, or alien reciprocal insurer. (b) Any corporation organized under the laws of this state, in addition to the rights, powers, and franchises specified in its articles of incorporation, shall have full power and authority as a subscriber to exchange insurance contracts through a reciprocal insurer. (c) The right to exchange contracts is declared to be incidental to the purposes for which the corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations. (d) Government or governmental agencies, state or political subdivisions thereof, boards, associations, estates, trustees, or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships, and corporations to the same extent that individuals, partnerships, and corporations are herein authorized to exchange reciprocal interinsurance contracts. (e) Any officer, representative, trustee, receiver, or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of the contract but shall not be personally liable upon the contract by reason of acting in a representative capacity. Acts 1959, No. 148, § 528; A.S.A. 1947, § 66-4319.

(a) Individuals, partnerships, and corporations of this state may make application, enter into agreement for, and hold policies or contracts in or with, and be a subscriber of, any domestic, foreign, or alien reciprocal insurer.

(b) Any corporation organized under the laws of this state, in addition to the rights, powers, and franchises specified in its articles of incorporation, shall have full power and authority as a subscriber to exchange insurance contracts through a reciprocal insurer.

(c) The right to exchange contracts is declared to be incidental to the purposes for which the corporations are organized and to be as fully granted as the rights and powers expressly conferred upon such corporations.

(d) Government or governmental agencies, state or political subdivisions thereof, boards, associations, estates, trustees, or fiduciaries are authorized to exchange nonassessable reciprocal interinsurance contracts with each other and with individuals, partnerships, and corporations to the same extent that individuals, partnerships, and corporations are herein authorized to exchange reciprocal interinsurance contracts.

(e) Any officer, representative, trustee, receiver, or legal representative of any such subscriber shall be recognized as acting for or on its behalf for the purpose of the contract but shall not be personally liable upon the contract by reason of acting in a representative capacity.

Acts 1959, No. 148, § 528; A.S.A. 1947, § 66-4319.
Ark. Code Ann. § 23-64-214 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-214
Issuance of license - Form and content of license
Status: in_force

(a) The Insurance Commissioner shall promptly issue adjuster or insurance consultant's licenses applied for to persons qualified therefor in accordance with this chapter. (b) The license shall state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, kind or kinds of insurance covered, the license number as determined and assigned by the commissioner, and the other conditions of the license. (c) If the licensee is other than an individual, the license shall also state the name of each individual authorized thereunder to exercise the license powers. Acts 1959, No. 148, § 158; 1983, No. 522, § 18; A.S.A. 1947, § 66-2815; Acts 1987, No. 622, § 7; 1993, No. 652, § 13; 1993, No. 901, § 23; 1997, No. 1004, § 1; 2001, No. 580, § 17.

(a) The Insurance Commissioner shall promptly issue adjuster or insurance consultant's licenses applied for to persons qualified therefor in accordance with this chapter.

(b) The license shall state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, kind or kinds of insurance covered, the license number as determined and assigned by the commissioner, and the other conditions of the license.

(c) If the licensee is other than an individual, the license shall also state the name of each individual authorized thereunder to exercise the license powers.

Acts 1959, No. 148, § 158; 1983, No. 522, § 18; A.S.A. 1947, § 66-2815; Acts 1987, No. 622, § 7; 1993, No. 652, § 13; 1993, No. 901, § 23; 1997, No. 1004, § 1; 2001, No. 580, § 17.
Ark. Code Ann. § 23-49-111 — AR Code / Title 23 / Chapter 49 / Section 23-49-111
Payment of claims
Status: in_force

(a) All claims against the institution's estate, proved to the receiver's satisfaction or approved by the circuit court, shall be paid in the following order: (1) Administration expenses; (2) Claims given priority under other provisions of state or federal law; (3) Deposit obligations; (4) Other general liabilities; (5) Debt subordinated to the claims of depositors and general creditors; and (6) Equity capital securities. (b) Administrative expenses shall include: (1) Court costs; (2) Compensation of each regular officer or employee of the receiver for the time actually devoted by the officer or employee to the liquidation of the institution at an amount not to exceed the compensation paid to the officer or employee for the performance of his or her regular duties; (3) Actual expenses of each regular officer and employee necessarily incurred in the performance of his or her duties; (4) Compensation and expenses of any special representative, assistant, accountant, agent, or attorney employed by the receiver; and (5) If the Bank Commissioner is acting as receiver, such reasonable general overhead expenses as may be incurred by the commissioner in the liquidation of the affairs of the institution, which shall be ascertained, determined, and fixed by the commissioner. (c) Interest on any claims shall not be paid until all claims within the same class have received the full principal amount of claim. Acts 1997, No. 89, § 1.

(a) All claims against the institution's estate, proved to the receiver's satisfaction or approved by the circuit court, shall be paid in the following order: (1) Administration expenses; (2) Claims given priority under other provisions of state or federal law; (3) Deposit obligations; (4) Other general liabilities; (5) Debt subordinated to the claims of depositors and general creditors; and (6) Equity capital securities.

(1) Administration expenses;

(2) Claims given priority under other provisions of state or federal law;

(3) Deposit obligations;

(4) Other general liabilities;

(5) Debt subordinated to the claims of depositors and general creditors; and

(6) Equity capital securities.

(b) Administrative expenses shall include: (1) Court costs; (2) Compensation of each regular officer or employee of the receiver for the time actually devoted by the officer or employee to the liquidation of the institution at an amount not to exceed the compensation paid to the officer or employee for the performance of his or her regular duties; (3) Actual expenses of each regular officer and employee necessarily incurred in the performance of his or her duties; (4) Compensation and expenses of any special representative, assistant, accountant, agent, or attorney employed by the receiver; and (5) If the Bank Commissioner is acting as receiver, such reasonable general overhead expenses as may be incurred by the commissioner in the liquidation of the affairs of the institution, which shall be ascertained, determined, and fixed by the commissioner.

(1) Court costs;

(2) Compensation of each regular officer or employee of the receiver for the time actually devoted by the officer or employee to the liquidation of the institution at an amount not to exceed the compensation paid to the officer or employee for the performance of his or her regular duties;

(3) Actual expenses of each regular officer and employee necessarily incurred in the performance of his or her duties;

(4) Compensation and expenses of any special representative, assistant, accountant, agent, or attorney employed by the receiver; and

(5) If the Bank Commissioner is acting as receiver, such reasonable general overhead expenses as may be incurred by the commissioner in the liquidation of the affairs of the institution, which shall be ascertained, determined, and fixed by the commissioner.

(c) Interest on any claims shall not be paid until all claims within the same class have received the full principal amount of claim.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-83-119 — AR Code / Title 23 / Chapter 83 / Section 23-83-119
Death pending conversion provision
Status: in_force

Excluding an annuity policy, a group policy shall contain a provision that if a person insured under the group policy, or the insured dependent of a covered person, dies during the period within which the individual would have been entitled to have an individual policy issued to him or her in accordance with §§ 23-83-117 and 23-83-118 and before the individual policy shall have become effective, the amount of life insurance which he or she would have been entitled to have issued to him or her under the individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made. Acts 1981, No. 898, § 19; A.S.A. 1947, § 66-3519.

Excluding an annuity policy, a group policy shall contain a provision that if a person insured under the group policy, or the insured dependent of a covered person, dies during the period within which the individual would have been entitled to have an individual policy issued to him or her in accordance with §§ 23-83-117 and 23-83-118 and before the individual policy shall have become effective, the amount of life insurance which he or she would have been entitled to have issued to him or her under the individual policy shall be payable as a claim under the group policy, whether or not application for the individual policy or the payment of the first premium therefor has been made.

Acts 1981, No. 898, § 19; A.S.A. 1947, § 66-3519.
Ark. Code Ann. § 23-1-109 — AR Code / Title 23 / Chapter 1 / Section 23-1-109
Actions for penalties, fees, and assessments
Status: in_force

Actions to recover penalties and all assessments and fees under this act shall be brought in the name of the State of Arkansas, in relation of the Arkansas Public Service Commission, in any court of competent jurisdiction by the attorney member of the commission. Acts 1935, No. 324, § 64; Pope's Dig., § 2124; A.S.A. 1947, § 73-260.

Actions to recover penalties and all assessments and fees under this act shall be brought in the name of the State of Arkansas, in relation of the Arkansas Public Service Commission, in any court of competent jurisdiction by the attorney member of the commission.

Acts 1935, No. 324, § 64; Pope's Dig., § 2124; A.S.A. 1947, § 73-260.
Ark. Code Ann. § 23-65-201 — AR Code / Title 23 / Chapter 65 / Subchapter 2 / Section 23-65-201
Title - Interpretation
Status: in_force

(a) This subchapter constitutes and may be cited as the "Unauthorized Insurers Process Act". (b) This subchapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it. Acts 1959, No. 148, § 183; A.S.A. 1947, § 66-2903.

(a) This subchapter constitutes and may be cited as the "Unauthorized Insurers Process Act".

(b) This subchapter shall be so interpreted as to effectuate its general purpose to make uniform the law of those states which enact it.

Acts 1959, No. 148, § 183; A.S.A. 1947, § 66-2903.
Ark. Code Ann. § 23-13-242 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-242
Common carriers - Rates, charges, rules, etc. - Factors of reasonableness or justness
Status: in_force

(a) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carrier by motor vehicle, the Arkansas Department of Transportation shall give due consideration, among other factors, to: (1) The inherent advantages of transportation by carriers to the effect of rates upon the movement of traffic by the carriers; (2) The need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and (3) The need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service. (b) (1) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating. (2) In applying for and receiving a certificate under this subchapter, any common carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate. Amended by Act 2017, No. 707,§ 213, eff. 8/1/2017. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

(a) In the exercise of its power to prescribe just and reasonable rates for the transportation of passengers or property by common carrier by motor vehicle, the Arkansas Department of Transportation shall give due consideration, among other factors, to: (1) The inherent advantages of transportation by carriers to the effect of rates upon the movement of traffic by the carriers; (2) The need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and (3) The need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service.

(1) The inherent advantages of transportation by carriers to the effect of rates upon the movement of traffic by the carriers;

(2) The need, in the public interest, of adequate and efficient transportation service by the carriers at the lowest cost consistent with the furnishing of the service; and

(3) The need of revenues sufficient to enable the carriers, under honest, economical, and efficient management, to provide the service.

(b) (1) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating. (2) In applying for and receiving a certificate under this subchapter, any common carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate.

(1) In any proceeding to determine the justness or reasonableness of any rate, fare, or charge of any common carrier, there shall not be taken into consideration or allowed as evidence or elements of value of the property of the carrier, either goodwill, earning power, or the certificate under which the carrier is operating.

(2) In applying for and receiving a certificate under this subchapter, any common carrier shall be deemed to have agreed to the provisions of this subsection on its own behalf and on behalf of all transferees of the certificate.

Amended by Act 2017, No. 707,§ 213, eff. 8/1/2017.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-67-413 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-413
Individual underwriting allowed
Status: in_force

Nothing in this subchapter is intended to prevent an insurer from considering each risk on an individual basis, looking at individual risk characteristics and other factors predictive of future loss. Acts 2003, No. 1452, § 2.

Nothing in this subchapter is intended to prevent an insurer from considering each risk on an individual basis, looking at individual risk characteristics and other factors predictive of future loss.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-46-604 — AR Code / Title 23 / Chapter 46 / Subchapter 6 / Section 23-46-604
Authorization for agreements with bank supervisory agencies regarding use of examiners
Status: in_force

The Bank Commissioner may enter into agreements with any bank supervisory agency that has jurisdiction over a technology service provider to: (1) Engage the services of the bank supervisory agency's examiners at a reasonable rate of compensation; or (2) Provide the services of the State Bank Department's examiners to the bank supervisory agency at a reasonable rate of compensation. Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.

The Bank Commissioner may enter into agreements with any bank supervisory agency that has jurisdiction over a technology service provider to:

(1) Engage the services of the bank supervisory agency's examiners at a reasonable rate of compensation; or

(2) Provide the services of the State Bank Department's examiners to the bank supervisory agency at a reasonable rate of compensation.

Added by Act 2017, No. 646,§ 1, eff. 3/24/2017.
Ark. Code Ann. § 23-81-132 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-132
Registered life insurance policies and annuity contracts - Valuation
Status: in_force

(a) The insurer shall prepare and keep such records of all registered policies, bonds, or contracts issued by it and subject to § 23-81-131 as will enable the Insurance Commissioner to compute their value at any time. (b) Upon proof that any of the policies, bonds, or contracts have been commuted or terminated, the insurer shall commute or cancel them upon its record. Until proof exists, all registered contracts shall be considered in force for the purposes of this section and §§ 23-81-130 , 23-81-131 , and 23-81-133 - 23-81-136 . (c) The net value of every policy, annuity bond, or contract, according to the standard prescribed by the laws of this state for the valuation of policies of life insurers, when the first premium shall have been paid thereon, less the amount of such liens as the insurer may have against it, not exceeding the value, shall be entered on the record of the policy, annuity bond, or contract at the time the record is made. (d) On January 1 of each year, or within sixty (60) days thereafter, the insurer shall cause its registered policies, annuity bonds, or contracts to be carefully valued. The actual value of each at the time fixed for the valuation, less such liens as the insurer may have against it, not exceeding the value, shall be entered upon the insurer's record of the policy, bond, or contract. Acts 1959, No. 148, § 339; A.S.A. 1947, § 66-3330.

(a) The insurer shall prepare and keep such records of all registered policies, bonds, or contracts issued by it and subject to § 23-81-131 as will enable the Insurance Commissioner to compute their value at any time.

(b) Upon proof that any of the policies, bonds, or contracts have been commuted or terminated, the insurer shall commute or cancel them upon its record. Until proof exists, all registered contracts shall be considered in force for the purposes of this section and §§ 23-81-130 , 23-81-131 , and 23-81-133 - 23-81-136 .

(c) The net value of every policy, annuity bond, or contract, according to the standard prescribed by the laws of this state for the valuation of policies of life insurers, when the first premium shall have been paid thereon, less the amount of such liens as the insurer may have against it, not exceeding the value, shall be entered on the record of the policy, annuity bond, or contract at the time the record is made.

(d) On January 1 of each year, or within sixty (60) days thereafter, the insurer shall cause its registered policies, annuity bonds, or contracts to be carefully valued. The actual value of each at the time fixed for the valuation, less such liens as the insurer may have against it, not exceeding the value, shall be entered upon the insurer's record of the policy, bond, or contract.

Acts 1959, No. 148, § 339; A.S.A. 1947, § 66-3330.
Ark. Code Ann. § 23-99-508 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-508
Permitted provisions
Status: in_force

(a) A healthcare insurer may at the healthcare insurer's option provide coverage for a health service, such as intensive case management, community residential treatment programs, or social rehabilitation programs, that is used in the treatment of mental illnesses but is generally not used for other injuries, illnesses, and conditions if the other requirements of this subchapter are met. (b) Healthcare insurers providing educational remediation may, but are not required to, comply with the terms of this subchapter in regard to the treatment or remediation. (c) A healthcare insurer may provide coverage for a health service, including without limitation physical rehabilitation or durable medical equipment, which generally is not used in the diagnosis or treatment of serious mental illnesses but is used for other injuries, illnesses, and conditions if the other requirements of this subchapter are met. (d) A healthcare insurer may utilize common utilization management protocols, including without limitation preadmission screening, prior authorization of service, or other mechanisms designed to limit coverage of service for mental illness to individuals whose diagnosis or treatment coverage is considered medically necessary although the protocols are not used in conjunction with other medical illnesses or conditions covered by the health benefit plan. Acts 1997, No. 1020, § 6; 2009, No. 1193, § 9.

(a) A healthcare insurer may at the healthcare insurer's option provide coverage for a health service, such as intensive case management, community residential treatment programs, or social rehabilitation programs, that is used in the treatment of mental illnesses but is generally not used for other injuries, illnesses, and conditions if the other requirements of this subchapter are met.

(b) Healthcare insurers providing educational remediation may, but are not required to, comply with the terms of this subchapter in regard to the treatment or remediation.

(c) A healthcare insurer may provide coverage for a health service, including without limitation physical rehabilitation or durable medical equipment, which generally is not used in the diagnosis or treatment of serious mental illnesses but is used for other injuries, illnesses, and conditions if the other requirements of this subchapter are met.

(d) A healthcare insurer may utilize common utilization management protocols, including without limitation preadmission screening, prior authorization of service, or other mechanisms designed to limit coverage of service for mental illness to individuals whose diagnosis or treatment coverage is considered medically necessary although the protocols are not used in conjunction with other medical illnesses or conditions covered by the health benefit plan.

Acts 1997, No. 1020, § 6; 2009, No. 1193, § 9.
Ark. Code Ann. § 23-3-703 — AR Code / Title 23 / Chapter 3 / Subchapter 7 / Section 23-3-703
Establishment of rates
Status: in_force

The Arkansas Public Service Commission shall establish rates to be paid by an electric utility to qualifying cogeneration and small power production facilities which do not, over the term of the purchased power contract, exceed avoided costs and are based upon the preponderance of evidence in the record before the commission. However, rates established for purchases from qualifying facilities whose construction commenced earlier than November 9, 1978, may be ten percent (10%) less than avoided costs. Acts 1987, No. 796, § 3.

The Arkansas Public Service Commission shall establish rates to be paid by an electric utility to qualifying cogeneration and small power production facilities which do not, over the term of the purchased power contract, exceed avoided costs and are based upon the preponderance of evidence in the record before the commission. However, rates established for purchases from qualifying facilities whose construction commenced earlier than November 9, 1978, may be ten percent (10%) less than avoided costs.

Acts 1987, No. 796, § 3.
Ark. Code Ann. § 23-111-514 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-514
Franchise holder required to give bond
Status: in_force

Every franchise holder to which a license may be granted under this chapter at its own cost and expense shall, before the license is delivered, give a bond, in the penal sum of ten thousand dollars ($10,000) payable to the Arkansas Racing Commission with a surety to be approved by the commission, conditioned to faithfully make the payments to the commission provided for in this chapter, and keep its books and records and make reports provided in this chapter and to conduct its race meeting in conformity with the provisions of this chapter. Acts 1957, No. 191, § 22; A.S.A. 1947, § 84-2837.

Every franchise holder to which a license may be granted under this chapter at its own cost and expense shall, before the license is delivered, give a bond, in the penal sum of ten thousand dollars ($10,000) payable to the Arkansas Racing Commission with a surety to be approved by the commission, conditioned to faithfully make the payments to the commission provided for in this chapter, and keep its books and records and make reports provided in this chapter and to conduct its race meeting in conformity with the provisions of this chapter.

Acts 1957, No. 191, § 22; A.S.A. 1947, § 84-2837.
Ark. Code Ann. § 23-69-319 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-319
Hiring of experts
Status: in_force

For purposes of determining whether a plan of reorganization meets the requirements of this subchapter or in connection with any other matters relating to development of a plan of reorganization, the Insurance Commissioner may engage the services of experts. All reasonable costs related to the review of a plan of reorganization or such other matters, including those costs attributable to the use of experts, shall be paid by the mutual insurer making the filing or initiating discussions with the commissioner about such matters. Acts 2001, No. 1726, § 1.

For purposes of determining whether a plan of reorganization meets the requirements of this subchapter or in connection with any other matters relating to development of a plan of reorganization, the Insurance Commissioner may engage the services of experts. All reasonable costs related to the review of a plan of reorganization or such other matters, including those costs attributable to the use of experts, shall be paid by the mutual insurer making the filing or initiating discussions with the commissioner about such matters.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-99-412 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-412
Provider input
Status: in_force

All healthcare insurers issuing or delivering managed care plans shall be required to establish a mechanism whereby participating providers provide input into the healthcare insurer's medical policy, utilization review criteria and procedures, quality and credentialing criteria, and medical management procedures. Acts 1997, No. 1196, § 12.

All healthcare insurers issuing or delivering managed care plans shall be required to establish a mechanism whereby participating providers provide input into the healthcare insurer's medical policy, utilization review criteria and procedures, quality and credentialing criteria, and medical management procedures.

Acts 1997, No. 1196, § 12.
Ark. Code Ann. § 23-63-1406 — AR Code / Title 23 / Chapter 63 / Subchapter 14 / Section 23-63-1406
Penalties and liabilities
Status: in_force

(a) If the Insurance Commissioner finds after a hearing conducted in accordance with § 23-61-301 et seq. that any insurer or person has violated any provision of this subchapter, the commissioner may order: (1) For each separate violation, a penalty in an amount of one thousand dollars ($1,000) or, if the commissioner has found willful misconduct or willful violation, five thousand dollars ($5,000); and (2) Revocation or suspension of the insurer's or person's license. (b) The decision, determination, or order of the commissioner pursuant to subsection (a) of this section shall be subject to judicial review pursuant to § 23-61-307 . (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance laws. Acts 1995, No. 625, § 1.

(a) If the Insurance Commissioner finds after a hearing conducted in accordance with § 23-61-301 et seq. that any insurer or person has violated any provision of this subchapter, the commissioner may order: (1) For each separate violation, a penalty in an amount of one thousand dollars ($1,000) or, if the commissioner has found willful misconduct or willful violation, five thousand dollars ($5,000); and (2) Revocation or suspension of the insurer's or person's license.

(1) For each separate violation, a penalty in an amount of one thousand dollars ($1,000) or, if the commissioner has found willful misconduct or willful violation, five thousand dollars ($5,000); and

(2) Revocation or suspension of the insurer's or person's license.

(b) The decision, determination, or order of the commissioner pursuant to subsection (a) of this section shall be subject to judicial review pursuant to § 23-61-307 .

(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance laws.

Acts 1995, No. 625, § 1.
Ark. Code Ann. § 23-12-202 — AR Code / Title 23 / Chapter 12 / Subchapter 2 / Section 23-12-202
Permitting certain weeds to seed on right-of-way unlawful - Recovery of damages
Status: in_force

(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in this state. (b) (1) If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way. (2) However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section. Acts 1909, No. 46, §§ 1, 2, p. 102; C. & M. Dig., §§ 8503, 8504; Pope's Dig., §§ 11079, 11080; A.S.A. 1947, §§ 73-629, 73-630.

(a) It shall be unlawful for any railroad or railway company or corporation doing business in this state to permit any Johnson grass or Russian thistle to mature or go to seed upon any right-of-way owned, leased, or controlled by the railroad or railway company or corporation in this state.

(b) (1) If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way. (2) However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section.

(1) If it shall appear upon the suit of any person owning, leasing, or controlling land contiguous to the right-of-way of any such railroad or railway company, or corporation, that the railway or railroad company or corporation has permitted any Johnson grass or Russian thistle to mature or go to seed upon their right-of-way, the person so suing shall recover from the railroad or railway company or corporation the sum of twenty-five dollars ($25.00) and any such additional sum as he or she may have been damaged by reason of the railroad or railway company or corporation permitting Johnson grass or Russian thistle to mature or go to seed upon their right-of-way.

(2) However, any owner of land or any person controlling land contiguous to the right-of-way of any such railroad or railway company or corporation who permits any Johnson grass or Russian thistle to mature or go to seed upon the land shall have no right to recover from the railroad or railway company or corporation, as provided for in this section.

Acts 1909, No. 46, §§ 1, 2, p. 102; C. & M. Dig., §§ 8503, 8504; Pope's Dig., §§ 11079, 11080; A.S.A. 1947, §§ 73-629, 73-630.
Ark. Code Ann. § 23-12-704 — AR Code / Title 23 / Chapter 12 / Subchapter 7 / Section 23-12-704
Railroad police - Jailing of persons arrested
Status: in_force

The keepers of jails in any county or municipality wherein a violation of the law occurs for which any arrest is made shall receive all persons arrested by railroad police officers, and persons so arrested shall have the same status as prisoners arrested by any other police officer. Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.

The keepers of jails in any county or municipality wherein a violation of the law occurs for which any arrest is made shall receive all persons arrested by railroad police officers, and persons so arrested shall have the same status as prisoners arrested by any other police officer.

Acts 1973, No. 57, § 3; A.S.A. 1947, § 73-636.
Ark. Code Ann. § 23-112-503 — AR Code / Title 23 / Chapter 112 / Subchapter 5 / Section 23-112-503
Notice - Location of hearing
Status: in_force

(a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the commission shall give written notice to all parties whose rights may be affected thereby. (b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the commission at the hearing, and the time and the place of the hearing. (c) All notices shall be mailed to all parties whose rights may be affected by the hearing by registered or certified mail and addressed to their last known address. (d) Any hearing shall be held in the county where the principal office of the commission is located unless both parties agree to an alternate location. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 2009, No. 756, § 19.

(a) When a hearing is to be held before the Arkansas Motor Vehicle Commission, the commission shall give written notice to all parties whose rights may be affected thereby.

(b) The notice shall set forth the reason for the hearing, the questions or issues to be decided by the commission at the hearing, and the time and the place of the hearing.

(c) All notices shall be mailed to all parties whose rights may be affected by the hearing by registered or certified mail and addressed to their last known address.

(d) Any hearing shall be held in the county where the principal office of the commission is located unless both parties agree to an alternate location.

Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 2009, No. 756, § 19.
Ark. Code Ann. § 23-114-702 — AR Code / Title 23 / Chapter 114 / Subchapter 7 / Section 23-114-702
Revocation of license - Distributors and manufacturers
Status: in_force

The license issued to a distributor or manufacturer is subject to revocation under this chapter if the licensee: (1) Makes a false statement or material omission in an application for a license under this chapter; (2) Fails to maintain records that fully and accurately record all transactions connected with the distribution of bingo equipment; (3) Falsifies or makes a false entry in a book or record if the entry relates in any way to the distribution of bingo equipment; or (4) Violates this chapter or a term of a license issued under this chapter in any other way. Acts 2007, No. 388, § 1.

The license issued to a distributor or manufacturer is subject to revocation under this chapter if the licensee:

(1) Makes a false statement or material omission in an application for a license under this chapter;

(2) Fails to maintain records that fully and accurately record all transactions connected with the distribution of bingo equipment;

(3) Falsifies or makes a false entry in a book or record if the entry relates in any way to the distribution of bingo equipment; or

(4) Violates this chapter or a term of a license issued under this chapter in any other way.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-63-610 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-610
Assets - Conflict of treatment between this subchapter and section 23-63-801 et seq
Status: in_force

In the event of a conflict as to treatment of assets between this subchapter and § 23-63-801 et seq., this subchapter shall govern. Acts 1959, No. 148, § 91; A.S.A. 1947, § 66-2510; Acts 2001, No. 1566, § 8.

In the event of a conflict as to treatment of assets between this subchapter and § 23-63-801 et seq., this subchapter shall govern.

Acts 1959, No. 148, § 91; A.S.A. 1947, § 66-2510; Acts 2001, No. 1566, § 8.
Ark. Code Ann. § 23-79-409 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-409
Administrative procedures
Status: in_force

Rules adopted pursuant to this subchapter shall be subject to the provisions of § 23-61-108 and to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 2715, eff. 7/24/2019. Acts 1992 (1st Ex. Sess.), No. 72, § 3.

Rules adopted pursuant to this subchapter shall be subject to the provisions of § 23-61-108 and to the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 2715, eff. 7/24/2019.

Acts 1992 (1st Ex. Sess.), No. 72, § 3.
Ark. Code Ann. § 23-14-112 — AR Code / Title 23 / Chapter 14 / Section 23-14-112
Certificates - Security for protection of public required
Status: in_force

No certificate shall be issued to a common carrier by aircraft or remain in force unless the carrier complies with such reasonable rules as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amount and conditioned as the department may require. Amended by Act 2019, No. 315,§ 2456, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 242, eff. 8/1/2017. Acts 1945, No. 252, § 13; A.S.A. 1947, § 74-414.

No certificate shall be issued to a common carrier by aircraft or remain in force unless the carrier complies with such reasonable rules as the Arkansas Department of Transportation shall prescribe governing the filing and approval of surety bonds, policies of insurance, qualifications as a self-insurer, or other securities or agreements, in such reasonable amount and conditioned as the department may require.

Amended by Act 2019, No. 315,§ 2456, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 242, eff. 8/1/2017.

Acts 1945, No. 252, § 13; A.S.A. 1947, § 74-414.
Ark. Code Ann. § 23-61-908 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-908
Penalties for failure to submit data
Status: in_force

(a) Except for state or federal agencies that are submitting entities, a submitting entity that fails to submit data as required by this subchapter or the rules of the State Insurance Department may be subject to a penalty. (b) The department shall adopt a schedule of penalties not to exceed one thousand dollars ($1,000) per day of violation, determined by the severity of the violation. (c) A penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the department considers proper and consistent with the public health and safety. (d) A penalty remitted under this section shall be used for Arkansas Healthcare Transparency Initiative operations. Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.

(a) Except for state or federal agencies that are submitting entities, a submitting entity that fails to submit data as required by this subchapter or the rules of the State Insurance Department may be subject to a penalty.

(b) The department shall adopt a schedule of penalties not to exceed one thousand dollars ($1,000) per day of violation, determined by the severity of the violation.

(c) A penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the department considers proper and consistent with the public health and safety.

(d) A penalty remitted under this section shall be used for Arkansas Healthcare Transparency Initiative operations.

Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.
Ark. Code Ann. § 23-64-506 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-506
Application for license
Status: in_force

(a) A person applying for a resident insurance producer license shall make application to the Insurance Commissioner on the National Association of Insurance Commissioners' Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual: (1) Is at least eighteen (18) years of age; (2) Has not committed any act that is a ground for denial, suspension, or revocation set forth in § 23-64-512 ; (3) When required by the commissioner, has completed a prelicensing course of study for the lines of authority for which the person has applied; (4) Has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and (5) Has successfully passed the examinations for the lines of authority for which the person has applied. (b) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the Uniform Business Entity Application. Before approving the application, the commissioner shall find that: (1) The business entity has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and (2) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws and rules of this state. (c) The commissioner may require any documents reasonably necessary to verify the information contained in an application and shall cause to be conducted an investigation of the applicant's: (1) Background; (2) Trustworthiness; (3) Personal and business reputation; and (4) Financial responsibility. (d) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting, or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner. (e) (1) To obtain or renew an insurance producer's license, a resident applicant or producer must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation. (2) Qualifications for licensure under this section must continue in order to remain licensed. (3) On a case-by-case basis, the commissioner may require documentation to verify qualification for licensure under this section. Amended by Act 2019, No. 315,§ 2655, eff. 7/24/2019. Acts 2001, No. 580, § 1; 2003, No. 1203, § 10; 2005, No. 1697, § 6.

(a) A person applying for a resident insurance producer license shall make application to the Insurance Commissioner on the National Association of Insurance Commissioners' Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's knowledge and belief. Before approving the application, the commissioner shall find that the individual: (1) Is at least eighteen (18) years of age; (2) Has not committed any act that is a ground for denial, suspension, or revocation set forth in § 23-64-512 ; (3) When required by the commissioner, has completed a prelicensing course of study for the lines of authority for which the person has applied; (4) Has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and (5) Has successfully passed the examinations for the lines of authority for which the person has applied.

(1) Is at least eighteen (18) years of age;

(2) Has not committed any act that is a ground for denial, suspension, or revocation set forth in § 23-64-512 ;

(3) When required by the commissioner, has completed a prelicensing course of study for the lines of authority for which the person has applied;

(4) Has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and

(5) Has successfully passed the examinations for the lines of authority for which the person has applied.

(b) A business entity acting as an insurance producer is required to obtain an insurance producer license. Application shall be made using the Uniform Business Entity Application. Before approving the application, the commissioner shall find that: (1) The business entity has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and (2) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws and rules of this state.

(1) The business entity has paid the fees set forth in § 23-61-401 and any existing or future rule and regulation; and

(2) The business entity has designated a licensed producer responsible for the business entity's compliance with the insurance laws and rules of this state.

(c) The commissioner may require any documents reasonably necessary to verify the information contained in an application and shall cause to be conducted an investigation of the applicant's: (1) Background; (2) Trustworthiness; (3) Personal and business reputation; and (4) Financial responsibility.

(1) Background;

(2) Trustworthiness;

(3) Personal and business reputation; and

(4) Financial responsibility.

(d) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide to each individual whose duties will include selling, soliciting, or negotiating limited line credit insurance a program of instruction that may be approved by the commissioner.

(e) (1) To obtain or renew an insurance producer's license, a resident applicant or producer must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation. (2) Qualifications for licensure under this section must continue in order to remain licensed. (3) On a case-by-case basis, the commissioner may require documentation to verify qualification for licensure under this section.

(1) To obtain or renew an insurance producer's license, a resident applicant or producer must be deemed by the commissioner to be competent, trustworthy, financially responsible, and of good personal and business reputation.

(2) Qualifications for licensure under this section must continue in order to remain licensed.

(3) On a case-by-case basis, the commissioner may require documentation to verify qualification for licensure under this section.

Amended by Act 2019, No. 315,§ 2655, eff. 7/24/2019.

Acts 2001, No. 580, § 1; 2003, No. 1203, § 10; 2005, No. 1697, § 6.
Ark. Code Ann. § 23-51-141 — AR Code / Title 23 / Chapter 51 / Section 23-51-141
Bylaws
Status: in_force

Each state trust company shall adopt bylaws and may amend its bylaws from time to time for the purposes and in accordance with the procedures set forth in the Arkansas Business Corporation Act, § 4-27-101 et seq. Acts 1997, No. 940, § 41.

Each state trust company shall adopt bylaws and may amend its bylaws from time to time for the purposes and in accordance with the procedures set forth in the Arkansas Business Corporation Act, § 4-27-101 et seq.

Acts 1997, No. 940, § 41.
Ark. Code Ann. § 23-88-404 — AR Code / Title 23 / Chapter 88 / Subchapter 4 / Section 23-88-404
Notice regarding fire protection
Status: in_force

(a) In an effort to educate policyholders of the benefits of fire protection, every insurance company shall include in the premium notice to policyholders the following notice: Click here to view form. (b) The notice prescribed by subsection (a) of this section shall be in 12-point type or larger. Acts 2003, No. 1345, § 4.

(a) In an effort to educate policyholders of the benefits of fire protection, every insurance company shall include in the premium notice to policyholders the following notice: Click here to view form.

Click here to view form.

(b) The notice prescribed by subsection (a) of this section shall be in 12-point type or larger.

Acts 2003, No. 1345, § 4.

88_404_1 - Attachment
Ark. Code Ann. § 23-11-206 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-206
Issuance of charter
Status: in_force

Upon the payment of the fees prescribed by law, the Secretary of State shall issue to the corporation a charter granting unto it perpetual existence in accordance with its articles of incorporation unless a limited term of existence shall be provided for in the articles. Acts 1959, No. 30, § 4; A.S.A. 1947, § 73-308.1.

Upon the payment of the fees prescribed by law, the Secretary of State shall issue to the corporation a charter granting unto it perpetual existence in accordance with its articles of incorporation unless a limited term of existence shall be provided for in the articles.

Acts 1959, No. 30, § 4; A.S.A. 1947, § 73-308.1.
Ark. Code Ann. § 23-86-123 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-123
Prior authorization by physician - Definitions
Status: in_force

(a) As used in this section: (1) "Prior authorization" means the process by which a health carrier determines the medical necessity or eligibility for coverage of a healthcare service before a covered person receives the healthcare service in order to provide coverage and reimbursement for the healthcare service; and (2) "Telemedicine" means the same as defined in § 23-79-1601 . (b) When conducting prior authorization, whether for healthcare services provided through telemedicine or provided in person, a physician who possesses a current and unrestricted license to practice medicine in the State of Arkansas shall make all adverse determinations for healthcare services, medications, or equipment prescribed by a physician. Amended by Act 2017, No. 203,§ 5, eff. 8/1/2017. Added by Act 2015, No. 887,§ 5, eff. 4/1/2015.

(a) As used in this section: (1) "Prior authorization" means the process by which a health carrier determines the medical necessity or eligibility for coverage of a healthcare service before a covered person receives the healthcare service in order to provide coverage and reimbursement for the healthcare service; and (2) "Telemedicine" means the same as defined in § 23-79-1601 .

(1) "Prior authorization" means the process by which a health carrier determines the medical necessity or eligibility for coverage of a healthcare service before a covered person receives the healthcare service in order to provide coverage and reimbursement for the healthcare service; and

(2) "Telemedicine" means the same as defined in § 23-79-1601 .

(b) When conducting prior authorization, whether for healthcare services provided through telemedicine or provided in person, a physician who possesses a current and unrestricted license to practice medicine in the State of Arkansas shall make all adverse determinations for healthcare services, medications, or equipment prescribed by a physician.

Amended by Act 2017, No. 203,§ 5, eff. 8/1/2017.

Added by Act 2015, No. 887,§ 5, eff. 4/1/2015.
Ark. Code Ann. § 23-97-310 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-310
Loss ratio standards
Status: in_force

(a) The Insurance Commissioner may adopt rules establishing loss ratio standards for long-term care insurance policies. (b) A specific reference to long-term care insurance policies shall be contained in the rules. Acts 2005, No. 1697, § 31.

(a) The Insurance Commissioner may adopt rules establishing loss ratio standards for long-term care insurance policies.

(b) A specific reference to long-term care insurance policies shall be contained in the rules.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-83-122 — AR Code / Title 23 / Chapter 83 / Section 23-83-122
Notice as to conversion right
Status: in_force

(a) If any individual insured under a group policy, excluding an annuity policy, hereafter delivered in this state becomes entitled under the terms of the policy to have an individual policy of life insurance issued to him or her without evidence of insurability, subject to making of application and payment of the first premium by the individual within the period specified in the policy and if the individual is not given notice of the existence of the right at least fifteen (15) days prior to the expiration date of the period, then the individual shall have an additional period within which to exercise that right. Nothing in this subsection shall be construed to continue any insurance beyond the period provided in the policy. (b) Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this section. Acts 1981, No. 898, § 22; A.S.A. 1947, § 66-3522; Acts 2001, No. 1382, § 13.

(a) If any individual insured under a group policy, excluding an annuity policy, hereafter delivered in this state becomes entitled under the terms of the policy to have an individual policy of life insurance issued to him or her without evidence of insurability, subject to making of application and payment of the first premium by the individual within the period specified in the policy and if the individual is not given notice of the existence of the right at least fifteen (15) days prior to the expiration date of the period, then the individual shall have an additional period within which to exercise that right. Nothing in this subsection shall be construed to continue any insurance beyond the period provided in the policy.

(b) Written notice presented to the individual or mailed by the policyholder to the last known address of the individual or mailed by the insurer to the last known address of the individual as furnished by the policyholder shall constitute notice for the purpose of this section.

Acts 1981, No. 898, § 22; A.S.A. 1947, § 66-3522; Acts 2001, No. 1382, § 13.
Ark. Code Ann. § 23-62-409 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-409
Prohibited acts
Status: in_force

The reinsurance intermediary manager shall not: (1) (A) Bind retrocessions on behalf of the reinsurer, except that the reinsurance intermediary manager may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. (B) The guidelines shall include a list of reinsurers with which the automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules; (2) Commit the reinsurer to participate in reinsurance syndicates; (3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he or she is appointed; (4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent (1%) of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year; (5) (A) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. (B) If prior approval is given, a report must be promptly forwarded to the reinsurer; (6) Jointly employ an individual who is employed by the reinsurer; or (7) Appoint a reinsurance intermediary submanager. Acts 1993, No. 527, § 1.

The reinsurance intermediary manager shall not:

(1) (A) Bind retrocessions on behalf of the reinsurer, except that the reinsurance intermediary manager may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions. (B) The guidelines shall include a list of reinsurers with which the automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;

(A) Bind retrocessions on behalf of the reinsurer, except that the reinsurance intermediary manager may bind facultative retrocessions pursuant to obligatory facultative agreements if the contract with the reinsurer contains reinsurance underwriting guidelines for such retrocessions.

(B) The guidelines shall include a list of reinsurers with which the automatic agreements are in effect, and for each reinsurer, the coverages and amounts or percentages that may be reinsured, and commission schedules;

(2) Commit the reinsurer to participate in reinsurance syndicates;

(3) Appoint any producer without assuring that the producer is lawfully licensed to transact the type of reinsurance for which he or she is appointed;

(4) Without prior approval of the reinsurer, pay or commit the reinsurer to pay a claim, net of retrocessions, that exceeds the lesser of an amount specified by the reinsurer or one percent (1%) of the reinsurer's policyholder's surplus as of December 31 of the last complete calendar year;

(5) (A) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer. (B) If prior approval is given, a report must be promptly forwarded to the reinsurer;

(A) Collect any payment from a retrocessionaire or commit the reinsurer to any claim settlement with a retrocessionaire, without prior approval of the reinsurer.

(B) If prior approval is given, a report must be promptly forwarded to the reinsurer;

(6) Jointly employ an individual who is employed by the reinsurer; or

(7) Appoint a reinsurance intermediary submanager.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-66-510 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-510
Insurer antifraud initiative
Status: in_force

(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Antifraud initiatives may include, but are not limited to: (1) Fraud investigators, who may be insurer employees or independent contractors; or (2) An antifraud plan submitted to the Insurance Commissioner. Antifraud plans submitted to the commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action. (b) Upon the written request of an insurer, the commissioner may grant an exemption from the requirements of this section if the commissioner determines that such an exemption would not be detrimental to the interests of the public. Acts 1997, No. 217, § 1.

(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Antifraud initiatives may include, but are not limited to: (1) Fraud investigators, who may be insurer employees or independent contractors; or (2) An antifraud plan submitted to the Insurance Commissioner. Antifraud plans submitted to the commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.

(1) Fraud investigators, who may be insurer employees or independent contractors; or

(2) An antifraud plan submitted to the Insurance Commissioner. Antifraud plans submitted to the commissioner shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action.

(b) Upon the written request of an insurer, the commissioner may grant an exemption from the requirements of this section if the commissioner determines that such an exemption would not be detrimental to the interests of the public.

Acts 1997, No. 217, § 1.
Ark. Code Ann. § 23-50-107 — AR Code / Title 23 / Chapter 50 / Section 23-50-107
False statements or records by officer, agent, or employee
Status: in_force

Every officer, agent, or employee of any financial institution organized or doing business under the laws of the state who knowingly subscribes to or makes any false reports or any false statements or entries in the books of the financial institution or knowingly subscribes or exhibits any false writing or paper with the purpose to deceive any person as to the condition of the financial institution is guilty of a Class A misdemeanor. Acts 1997, No. 89, § 1; 2005, No. 1994, § 448.

Every officer, agent, or employee of any financial institution organized or doing business under the laws of the state who knowingly subscribes to or makes any false reports or any false statements or entries in the books of the financial institution or knowingly subscribes or exhibits any false writing or paper with the purpose to deceive any person as to the condition of the financial institution is guilty of a Class A misdemeanor.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 448.
Ark. Code Ann. § 23-94-211 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-211
License fees
Status: in_force

The provisions as to fees for obtaining and continuing licenses for insurers, agents, and brokers under § 23-61-401 shall be applicable to risk retention groups, purchasing groups, risk retention group agents and purchasing group brokers, resident surplus lines brokers, and nonresident surplus lines purchasing group brokers under the provisions of this subchapter and the Surplus Lines Insurance Law, § 23-65-301 et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986. Acts 1995, No. 623, § 1.

The provisions as to fees for obtaining and continuing licenses for insurers, agents, and brokers under § 23-61-401 shall be applicable to risk retention groups, purchasing groups, risk retention group agents and purchasing group brokers, resident surplus lines brokers, and nonresident surplus lines purchasing group brokers under the provisions of this subchapter and the Surplus Lines Insurance Law, § 23-65-301 et seq., except as they conflict with the provisions of the Liability Risk Retention Act of 1986.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-35-308 — AR Code / Title 23 / Chapter 35 / Subchapter 3 / Section 23-35-308
Compensation of officers, directors, committee members, and employees
Status: in_force

(a) No officer, director, or committee member of the credit union, other than the treasurer whom the board of directors of the credit union has specifically appointed or contracted to actively work in the credit union, may be compensated, directly or indirectly, for his or her services as such. This shall not be construed to prevent reimbursement of directors and committee members for actual expenses they may incur in carrying out the duties of their office. (b) The compensation to be paid to the treasurer and to the employees who are authorized by the board shall be established by the board at its monthly meetings or in the annual budget allocations. Acts 1971, No. 132, § 18; 1985, No. 936, § 12; A.S.A. 1947, § 67-918.

(a) No officer, director, or committee member of the credit union, other than the treasurer whom the board of directors of the credit union has specifically appointed or contracted to actively work in the credit union, may be compensated, directly or indirectly, for his or her services as such. This shall not be construed to prevent reimbursement of directors and committee members for actual expenses they may incur in carrying out the duties of their office.

(b) The compensation to be paid to the treasurer and to the employees who are authorized by the board shall be established by the board at its monthly meetings or in the annual budget allocations.

Acts 1971, No. 132, § 18; 1985, No. 936, § 12; A.S.A. 1947, § 67-918.
Ark. Code Ann. § 23-67-507 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-507
Disapproval of rates
Status: in_force

The Insurance Commissioner shall follow the procedures set forth in § 23-67-213 when any malpractice rate filing under this subchapter is disapproved. Acts 2005, No. 1697, § 19.

The Insurance Commissioner shall follow the procedures set forth in § 23-67-213 when any malpractice rate filing under this subchapter is disapproved.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-74-609 — AR Code / Title 23 / Chapter 74 / Subchapter 6 / Section 23-74-609
Licensing of agents
Status: in_force

(a) Agents of societies shall be licensed in accordance with the provisions of the laws regulating the licensing, revocation, suspension, or termination of license of resident and nonresident agents, provided that: (1) No examination shall be required to maintain or renew a license for agents of societies who held a license on December 31, 1989; and (2) No examination shall be required to obtain a license or to renew a license thereby obtained for agents of societies applying for license on or after January 1, 1990, and before July 1, 1991. (b) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained. (c) No examination or license shall be required of any agent or representative of a society who devotes, or intends to devote, less than fifty percent (50%) of his or her time to solicitation and procurement of insurance contracts for the society, except that any person who in the immediately preceding calendar year solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of fifty thousand dollars ($50,000), or, in the case of any other kinds of insurance which the society writes, on the persons of more than twenty-five (25) individuals and who received or will receive a commission or other compensation therefor, is presumed to be devoting or intending to devote fifty percent (50%) of his or her time to the solicitation or procurement of insurance contracts for the society. Acts 1989, No. 881, § 1; 1991, No. 337, § 1.

(a) Agents of societies shall be licensed in accordance with the provisions of the laws regulating the licensing, revocation, suspension, or termination of license of resident and nonresident agents, provided that: (1) No examination shall be required to maintain or renew a license for agents of societies who held a license on December 31, 1989; and (2) No examination shall be required to obtain a license or to renew a license thereby obtained for agents of societies applying for license on or after January 1, 1990, and before July 1, 1991.

(1) No examination shall be required to maintain or renew a license for agents of societies who held a license on December 31, 1989; and

(2) No examination shall be required to obtain a license or to renew a license thereby obtained for agents of societies applying for license on or after January 1, 1990, and before July 1, 1991.

(b) No examination or license shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of his or her services to activities other than the solicitation of fraternal insurance contracts from the public, and who receives for the solicitation of such contracts no commission or other compensation directly dependent upon the amount of business obtained.

(c) No examination or license shall be required of any agent or representative of a society who devotes, or intends to devote, less than fifty percent (50%) of his or her time to solicitation and procurement of insurance contracts for the society, except that any person who in the immediately preceding calendar year solicited and procured life insurance contracts on behalf of any society in an amount of insurance in excess of fifty thousand dollars ($50,000), or, in the case of any other kinds of insurance which the society writes, on the persons of more than twenty-five (25) individuals and who received or will receive a commission or other compensation therefor, is presumed to be devoting or intending to devote fifty percent (50%) of his or her time to the solicitation or procurement of insurance contracts for the society.

Acts 1989, No. 881, § 1; 1991, No. 337, § 1.
Ark. Code Ann. § 23-48-308 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-308
Filing of amendments to articles of incorporation
Status: in_force

(a) (1) An application for approval of a proposed charter amendment described in § 23-48-307 shall be submitted to the Bank Commissioner in the manner and form that the commissioner may prescribe and shall include the information set forth in subsection (b) of this section, and contain additional information which the commissioner may require. (2) The application shall include duplicate copies of each proposed charter amendment, in the form of an amendment to the articles of incorporation, each copy to be certified by the president or chief executive officer or a vice president. (b) Each duplicate shall have annexed thereto, over the official signatures, a certificate showing: (1) The date on which the amendment was authorized by the stockholders; (2) The number of shares of each class entitled to vote on the amendment which were outstanding on the date of the stockholders' meeting; (3) The number of shares of each class entitled to vote on the amendment whose owners were present in person or by proxy; (4) The number of shares of each class voted for and against the amendment; and (5) The manner in which the meeting was called and the time and manner of giving notice, with a certification that the meeting was lawfully called and held. (c) The commissioner may also require the delivery to him or her of additional copies of the proposed amendment that he or she may desire in order to present the matter to the State Banking Board and any parties opposing the amendment. (d) (1) One (1) of the duplicate copies of any charter amendment filed with the commissioner and certified as prescribed in this section, bearing an endorsement of the commissioner showing that the amendment has been approved by him or her and by the board, shall be returned to the applicant state bank. (2) The amendment shall become effective when it has been approved by the commissioner and the board. (e) (1) Each application for approval of a proposed charter amendment described in § 23-48-307 shall be accompanied by a fee of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (2) The fee shall be set by State Bank Department rule and shall be paid to the department. (f) This section does not apply to the issuance of preferred stock when the issuance is authorized and issued by a state bank when approved by the commissioner and otherwise in compliance with § 23-48-313(a)(1)(C) . Amended by Act 2019, No. 315,§ 2545, eff. 7/24/2019. Amended by Act 2017, No. 548,§ 3, eff. 3/21/2017. Amended by Act 2017, No. 198,§ 6, eff. 8/1/2017. Acts 1997, No. 89, § 1.

(a) (1) An application for approval of a proposed charter amendment described in § 23-48-307 shall be submitted to the Bank Commissioner in the manner and form that the commissioner may prescribe and shall include the information set forth in subsection (b) of this section, and contain additional information which the commissioner may require. (2) The application shall include duplicate copies of each proposed charter amendment, in the form of an amendment to the articles of incorporation, each copy to be certified by the president or chief executive officer or a vice president.

(1) An application for approval of a proposed charter amendment described in § 23-48-307 shall be submitted to the Bank Commissioner in the manner and form that the commissioner may prescribe and shall include the information set forth in subsection (b) of this section, and contain additional information which the commissioner may require.

(2) The application shall include duplicate copies of each proposed charter amendment, in the form of an amendment to the articles of incorporation, each copy to be certified by the president or chief executive officer or a vice president.

(b) Each duplicate shall have annexed thereto, over the official signatures, a certificate showing: (1) The date on which the amendment was authorized by the stockholders; (2) The number of shares of each class entitled to vote on the amendment which were outstanding on the date of the stockholders' meeting; (3) The number of shares of each class entitled to vote on the amendment whose owners were present in person or by proxy; (4) The number of shares of each class voted for and against the amendment; and (5) The manner in which the meeting was called and the time and manner of giving notice, with a certification that the meeting was lawfully called and held.

(1) The date on which the amendment was authorized by the stockholders;

(2) The number of shares of each class entitled to vote on the amendment which were outstanding on the date of the stockholders' meeting;

(3) The number of shares of each class entitled to vote on the amendment whose owners were present in person or by proxy;

(4) The number of shares of each class voted for and against the amendment; and

(5) The manner in which the meeting was called and the time and manner of giving notice, with a certification that the meeting was lawfully called and held.

(c) The commissioner may also require the delivery to him or her of additional copies of the proposed amendment that he or she may desire in order to present the matter to the State Banking Board and any parties opposing the amendment.

(d) (1) One (1) of the duplicate copies of any charter amendment filed with the commissioner and certified as prescribed in this section, bearing an endorsement of the commissioner showing that the amendment has been approved by him or her and by the board, shall be returned to the applicant state bank. (2) The amendment shall become effective when it has been approved by the commissioner and the board.

(1) One (1) of the duplicate copies of any charter amendment filed with the commissioner and certified as prescribed in this section, bearing an endorsement of the commissioner showing that the amendment has been approved by him or her and by the board, shall be returned to the applicant state bank.

(2) The amendment shall become effective when it has been approved by the commissioner and the board.

(e) (1) Each application for approval of a proposed charter amendment described in § 23-48-307 shall be accompanied by a fee of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). (2) The fee shall be set by State Bank Department rule and shall be paid to the department.

(1) Each application for approval of a proposed charter amendment described in § 23-48-307 shall be accompanied by a fee of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(2) The fee shall be set by State Bank Department rule and shall be paid to the department.

(f) This section does not apply to the issuance of preferred stock when the issuance is authorized and issued by a state bank when approved by the commissioner and otherwise in compliance with § 23-48-313(a)(1)(C) .

Amended by Act 2019, No. 315,§ 2545, eff. 7/24/2019.

Amended by Act 2017, No. 548,§ 3, eff. 3/21/2017.

Amended by Act 2017, No. 198,§ 6, eff. 8/1/2017.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-65-104 — AR Code / Title 23 / Chapter 65 / Subchapter 1 / Section 23-65-104
Records produced on order
Status: in_force

(a) (1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid or agreed to be paid for the insurance. (2) For each refusal to obey the order, the person shall be liable to a fine of not more than one hundred dollars ($100) for each day of disobedience. (b) This section does not apply to life insurance and accident and health insurance. Acts 1959, No. 148, § 207; A.S.A. 1947, § 66-2927; Acts 2001, No. 1555, § 2; 2001, No. 1603, § 23.

(a) (1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid or agreed to be paid for the insurance. (2) For each refusal to obey the order, the person shall be liable to a fine of not more than one hundred dollars ($100) for each day of disobedience.

(1) Every person as to whom insurance is placed with an unauthorized insurer, upon the Insurance Commissioner's order, shall produce for the commissioner's examination all policies and other documents evidencing the insurance and shall disclose to the commissioner the amount of gross premiums paid or agreed to be paid for the insurance.

(2) For each refusal to obey the order, the person shall be liable to a fine of not more than one hundred dollars ($100) for each day of disobedience.

(b) This section does not apply to life insurance and accident and health insurance.

Acts 1959, No. 148, § 207; A.S.A. 1947, § 66-2927; Acts 2001, No. 1555, § 2; 2001, No. 1603, § 23.
Ark. Code Ann. § 23-3-102 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-102
Consolidations, stock purchases in another utility, or rentals of additional property
Status: in_force

(a) With the consent and approval of the Arkansas Public Service Commission, but not otherwise: (1) Any two (2) or more public utilities may consolidate with each other; (2) Any public utility may acquire the stock or any part thereof of any other public utility; (3) Any public utility may sell, acquire, lease, or rent any public utility plant or property constituting an operating unit or system; and (4) A public utility may acquire, lease, or rent a plant or property constituting an operating unit or system, including any such plant or property owned by the public utility's affiliate or by another entity. (b) (1) Application for the approval and consent of the commission shall be made by the interested public utility and shall contain a concise statement of the proposed action, the reasons therefor, and such other information as may be required by the commission. (2) Upon the filing of an application, the commission shall investigate it, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. If it finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. (3) In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, equipment, or securities of the utility to be acquired or merged. (c) No public utility shall sell, lease, rent, or otherwise transfer, in any manner, control of electric transmission facilities in this state without the approval of the commission, provided that the approval is required only to the extent the transaction is not subject to the exclusive jurisdiction of the Federal Energy Regulatory Commission or any other federal agency. (d) Any transaction required by this section to be submitted to the commission for its consent and approval shall be void unless the commission shall give its consent and approval thereto in writing. (e) (1) All transactions among or between a regulated electric public utility and any of its divisions, components, or affiliates that are not regulated by the commission shall be subject to such rules as may be promulgated by the commission so that: (A) All such transactions that involve regulated services shall be subject to the rates, terms, and conditions specified in tariffs approved by the commission; and (B) An electric utility shall not use any revenue from any regulated asset, operation, or service to subsidize the provision of any unregulated electric service or any other unregulated activity. (2) However, the provisions of this subsection shall not apply to any transactions involving an electric cooperative formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., in which: (A) The membership of such a cooperative approves the transaction; and (B) In the case of subdivision (e)(1)(B) of this section, the commission has not disallowed the transaction within sixty (60) days after the filing of a notice with the commission in writing of the proposed transaction by the cooperative. Amended by Act 2015, No. 736,§ 1, eff. 7/22/2015. Acts 1935, No. 324, § 57; Pope's Dig., § 2117; A.S.A. 1947, § 73-253; Acts 2003, No. 204, § 7.

(a) With the consent and approval of the Arkansas Public Service Commission, but not otherwise: (1) Any two (2) or more public utilities may consolidate with each other; (2) Any public utility may acquire the stock or any part thereof of any other public utility; (3) Any public utility may sell, acquire, lease, or rent any public utility plant or property constituting an operating unit or system; and (4) A public utility may acquire, lease, or rent a plant or property constituting an operating unit or system, including any such plant or property owned by the public utility's affiliate or by another entity.

(1) Any two (2) or more public utilities may consolidate with each other;

(2) Any public utility may acquire the stock or any part thereof of any other public utility;

(3) Any public utility may sell, acquire, lease, or rent any public utility plant or property constituting an operating unit or system; and

(4) A public utility may acquire, lease, or rent a plant or property constituting an operating unit or system, including any such plant or property owned by the public utility's affiliate or by another entity.

(b) (1) Application for the approval and consent of the commission shall be made by the interested public utility and shall contain a concise statement of the proposed action, the reasons therefor, and such other information as may be required by the commission. (2) Upon the filing of an application, the commission shall investigate it, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. If it finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing. (3) In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, equipment, or securities of the utility to be acquired or merged.

(1) Application for the approval and consent of the commission shall be made by the interested public utility and shall contain a concise statement of the proposed action, the reasons therefor, and such other information as may be required by the commission.

(2) Upon the filing of an application, the commission shall investigate it, with or without public hearing, and in case of a public hearing, upon such notice as the commission may require. If it finds that the proposed action is consistent with the public interest, it shall give its consent and approval in writing.

(3) In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, equipment, or securities of the utility to be acquired or merged.

(c) No public utility shall sell, lease, rent, or otherwise transfer, in any manner, control of electric transmission facilities in this state without the approval of the commission, provided that the approval is required only to the extent the transaction is not subject to the exclusive jurisdiction of the Federal Energy Regulatory Commission or any other federal agency.

(d) Any transaction required by this section to be submitted to the commission for its consent and approval shall be void unless the commission shall give its consent and approval thereto in writing.

(e) (1) All transactions among or between a regulated electric public utility and any of its divisions, components, or affiliates that are not regulated by the commission shall be subject to such rules as may be promulgated by the commission so that: (A) All such transactions that involve regulated services shall be subject to the rates, terms, and conditions specified in tariffs approved by the commission; and (B) An electric utility shall not use any revenue from any regulated asset, operation, or service to subsidize the provision of any unregulated electric service or any other unregulated activity. (2) However, the provisions of this subsection shall not apply to any transactions involving an electric cooperative formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., in which: (A) The membership of such a cooperative approves the transaction; and (B) In the case of subdivision (e)(1)(B) of this section, the commission has not disallowed the transaction within sixty (60) days after the filing of a notice with the commission in writing of the proposed transaction by the cooperative.

(1) All transactions among or between a regulated electric public utility and any of its divisions, components, or affiliates that are not regulated by the commission shall be subject to such rules as may be promulgated by the commission so that: (A) All such transactions that involve regulated services shall be subject to the rates, terms, and conditions specified in tariffs approved by the commission; and (B) An electric utility shall not use any revenue from any regulated asset, operation, or service to subsidize the provision of any unregulated electric service or any other unregulated activity.

(A) All such transactions that involve regulated services shall be subject to the rates, terms, and conditions specified in tariffs approved by the commission; and

(B) An electric utility shall not use any revenue from any regulated asset, operation, or service to subsidize the provision of any unregulated electric service or any other unregulated activity.

(2) However, the provisions of this subsection shall not apply to any transactions involving an electric cooperative formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., in which: (A) The membership of such a cooperative approves the transaction; and (B) In the case of subdivision (e)(1)(B) of this section, the commission has not disallowed the transaction within sixty (60) days after the filing of a notice with the commission in writing of the proposed transaction by the cooperative.

(A) The membership of such a cooperative approves the transaction; and

(B) In the case of subdivision (e)(1)(B) of this section, the commission has not disallowed the transaction within sixty (60) days after the filing of a notice with the commission in writing of the proposed transaction by the cooperative.

Amended by Act 2015, No. 736,§ 1, eff. 7/22/2015.

Acts 1935, No. 324, § 57; Pope's Dig., § 2117; A.S.A. 1947, § 73-253; Acts 2003, No. 204, § 7.
Ark. Code Ann. § 23-48-404 — AR Code / Title 23 / Chapter 48 / Subchapter 4 / Section 23-48-404
Administration
Status: in_force

The Bank Commissioner is authorized to and shall administer and carry out the provisions of this subchapter and shall issue such rules and orders as may be necessary to discharge this duty and to prevent evasions of this subchapter. Amended by Act 2019, No. 315,§ 2548, eff. 7/24/2019. Acts 1997, No. 89, § 1.

The Bank Commissioner is authorized to and shall administer and carry out the provisions of this subchapter and shall issue such rules and orders as may be necessary to discharge this duty and to prevent evasions of this subchapter.

Amended by Act 2019, No. 315,§ 2548, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-114-202 — AR Code / Title 23 / Chapter 114 / Subchapter 2 / Section 23-114-202
Approval of bingo faces and raffle tickets
Status: in_force

(a) The Secretary of the Department of Finance and Administration by rule shall provide for the form of bingo faces and raffle tickets used in the State of Arkansas. (b) (1) All bingo faces must be purchased by the licensed authorized organization from a distributor licensed under this chapter. (2) Only one (1) game shall be played on each bingo face. (c) (1) All bingo faces and raffle tickets shall be preprinted on paper or plastic. (2) Electronic devices, machines, or facsimiles shall not be used as bingo faces, raffle tickets, or otherwise, by participants of games of bingo or raffles conducted under this chapter. (d) All bingo faces and raffle tickets shall be sequentially numbered at the time of printing. Amended by Act 2019, No. 910,§ 3522, eff. 7/1/2019. Acts 2007, No. 388, § 1; 2009, No. 499, § 3.

(a) The Secretary of the Department of Finance and Administration by rule shall provide for the form of bingo faces and raffle tickets used in the State of Arkansas.

(b) (1) All bingo faces must be purchased by the licensed authorized organization from a distributor licensed under this chapter. (2) Only one (1) game shall be played on each bingo face.

(1) All bingo faces must be purchased by the licensed authorized organization from a distributor licensed under this chapter.

(2) Only one (1) game shall be played on each bingo face.

(c) (1) All bingo faces and raffle tickets shall be preprinted on paper or plastic. (2) Electronic devices, machines, or facsimiles shall not be used as bingo faces, raffle tickets, or otherwise, by participants of games of bingo or raffles conducted under this chapter.

(1) All bingo faces and raffle tickets shall be preprinted on paper or plastic.

(2) Electronic devices, machines, or facsimiles shall not be used as bingo faces, raffle tickets, or otherwise, by participants of games of bingo or raffles conducted under this chapter.

(d) All bingo faces and raffle tickets shall be sequentially numbered at the time of printing.

Amended by Act 2019, No. 910,§ 3522, eff. 7/1/2019.

Acts 2007, No. 388, § 1; 2009, No. 499, § 3.
Ark. Code Ann. § 23-63-115 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-115
Agreement between insurers and dentists establishing fees for noncovered service prohibited - Definitions
Status: in_force

(a) As used in this section: (1) "Dental plan" means a contract, plan, or policy of insurance issued by an insurer that provides for a dental benefit; (2) "Insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity; and (3) (A) "Noncovered service" means a service that is not reimbursable under a dental plan. (B) "Noncovered service" does not include a service that is reimbursable subject to a deductible, waiting period, frequency limitation, annual or lifetime maximum, or other contractual limitation. (b) An agreement between an insurer and a dentist establishing the fee a dentist may charge for a noncovered service is unenforceable. Acts 2011, No. 566, § 1.

(a) As used in this section: (1) "Dental plan" means a contract, plan, or policy of insurance issued by an insurer that provides for a dental benefit; (2) "Insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity; and (3) (A) "Noncovered service" means a service that is not reimbursable under a dental plan. (B) "Noncovered service" does not include a service that is reimbursable subject to a deductible, waiting period, frequency limitation, annual or lifetime maximum, or other contractual limitation.

(1) "Dental plan" means a contract, plan, or policy of insurance issued by an insurer that provides for a dental benefit;

(2) "Insurer" means an insurance company, a health maintenance organization, a hospital and medical service corporation, or a self-insured health plan for employees of a governmental entity; and

(3) (A) "Noncovered service" means a service that is not reimbursable under a dental plan. (B) "Noncovered service" does not include a service that is reimbursable subject to a deductible, waiting period, frequency limitation, annual or lifetime maximum, or other contractual limitation.

(A) "Noncovered service" means a service that is not reimbursable under a dental plan.

(B) "Noncovered service" does not include a service that is reimbursable subject to a deductible, waiting period, frequency limitation, annual or lifetime maximum, or other contractual limitation.

(b) An agreement between an insurer and a dentist establishing the fee a dentist may charge for a noncovered service is unenforceable.

Acts 2011, No. 566, § 1.
Ark. Code Ann. § 23-111-308 — AR Code / Title 23 / Chapter 111 / Subchapter 3 / Section 23-111-308
Employees and patrons
Status: in_force

(a) No franchise holder shall permit any person under eighteen (18) years of age to be a patron of the pari-mutuel or certificate system of wagering conducted or supervised by it. (b) The Arkansas Racing Commission shall have the right to require that every franchise holder shall employ residents of the State of Arkansas to the extent of eighty percent (80%) of the employees engaged in any greyhound race meet. Acts 1957, No. 191, § 24; A.S.A. 1947, § 84-2839; Acts 1997, No. 584, § 1.

(a) No franchise holder shall permit any person under eighteen (18) years of age to be a patron of the pari-mutuel or certificate system of wagering conducted or supervised by it.

(b) The Arkansas Racing Commission shall have the right to require that every franchise holder shall employ residents of the State of Arkansas to the extent of eighty percent (80%) of the employees engaged in any greyhound race meet.

Acts 1957, No. 191, § 24; A.S.A. 1947, § 84-2839; Acts 1997, No. 584, § 1.
Ark. Code Ann. § 23-89-505 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-505
Safety inspections, notice, and insurance required
Status: in_force

(a) Any person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall as a condition thereof obtain a safety inspection report issued by the owner or operator's liability insurer or an inspector employed by the Division of Labor prior to commencing operation or opening to the public. (b) Each person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall be covered by a policy of insurance issued by an insurance company authorized to do business in Arkansas or by a surplus lines insurer approved in Arkansas and insuring the owner or operator against liability for personal injury or property damage arising out of the use or operation of the amusement attraction or amusement ride, in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence. (c) (1) Any person or entity intending to operate an amusement attraction or amusement ride in this state shall notify the Director of the Division of Labor of such intent and shall notify the director of the location, dates, and times of intended operation. (2) The notice must be made to the director four (4) days prior to intended operation, excluding Saturdays, Sundays, or any legal holidays. (d) Any person or entity failing to comply with subsection (c) of this section shall be subject to an administrative penalty issued by the director of no more than five thousand dollars ($5,000) in addition to other penalties, both administrative and criminal, contained in this subchapter. (e) The owner, manager, or operator shall: (1) Promptly file proof of insurance with each fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public for each location in this state where each amusement attraction or amusement ride is in operation or is scheduled to be in operation; and (2) Provide a copy of any safety inspection report to the fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public, upon request or pursuant to contractual agreement. Amended by Act 2019, No. 910,§ 5508, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5507, eff. 7/1/2019. Acts 1983, No. 837, § 3; A.S.A. 1947, § 66-5903; Acts 1987, No. 839, § 1; 1995, No. 631, § 3; 2001, No. 1365, § 3.

(a) Any person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall as a condition thereof obtain a safety inspection report issued by the owner or operator's liability insurer or an inspector employed by the Division of Labor prior to commencing operation or opening to the public.

(b) Each person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this subchapter, shall be covered by a policy of insurance issued by an insurance company authorized to do business in Arkansas or by a surplus lines insurer approved in Arkansas and insuring the owner or operator against liability for personal injury or property damage arising out of the use or operation of the amusement attraction or amusement ride, in the minimum amount of one million dollars ($1,000,000) for each incident or occurrence.

(c) (1) Any person or entity intending to operate an amusement attraction or amusement ride in this state shall notify the Director of the Division of Labor of such intent and shall notify the director of the location, dates, and times of intended operation. (2) The notice must be made to the director four (4) days prior to intended operation, excluding Saturdays, Sundays, or any legal holidays.

(1) Any person or entity intending to operate an amusement attraction or amusement ride in this state shall notify the Director of the Division of Labor of such intent and shall notify the director of the location, dates, and times of intended operation.

(2) The notice must be made to the director four (4) days prior to intended operation, excluding Saturdays, Sundays, or any legal holidays.

(d) Any person or entity failing to comply with subsection (c) of this section shall be subject to an administrative penalty issued by the director of no more than five thousand dollars ($5,000) in addition to other penalties, both administrative and criminal, contained in this subchapter.

(e) The owner, manager, or operator shall: (1) Promptly file proof of insurance with each fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public for each location in this state where each amusement attraction or amusement ride is in operation or is scheduled to be in operation; and (2) Provide a copy of any safety inspection report to the fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public, upon request or pursuant to contractual agreement.

(1) Promptly file proof of insurance with each fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public for each location in this state where each amusement attraction or amusement ride is in operation or is scheduled to be in operation; and

(2) Provide a copy of any safety inspection report to the fair board, sponsoring organization, lessor, landowner, or other person responsible for an amusement attraction or amusement ride being offered for use by the public, upon request or pursuant to contractual agreement.

Amended by Act 2019, No. 910,§ 5508, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5507, eff. 7/1/2019.

Acts 1983, No. 837, § 3; A.S.A. 1947, § 66-5903; Acts 1987, No. 839, § 1; 1995, No. 631, § 3; 2001, No. 1365, § 3.
Ark. Code Ann. § 23-2-401 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-401
Definition
Status: in_force

As used in §§ 23-2-421 - 23-2-424 , unless the context otherwise requires, the term "the commission" refers to the Arkansas Public Service Commission or to whatever successor agency might in the future be vested with the duties, responsibilities, powers, authorities, and jurisdiction of that commission. Acts 1973, No. 231, § 1; A.S.A. 1947, § 73-229.3.

As used in §§ 23-2-421 - 23-2-424 , unless the context otherwise requires, the term "the commission" refers to the Arkansas Public Service Commission or to whatever successor agency might in the future be vested with the duties, responsibilities, powers, authorities, and jurisdiction of that commission.

Acts 1973, No. 231, § 1; A.S.A. 1947, § 73-229.3.
Ark. Code Ann. § 23-18-401 — AR Code / Title 23 / Chapter 18 / Subchapter 4 / Section 23-18-401
Waterpower a part of public domain
Status: in_force

All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and benefit. Acts 1927, No. 121, § 1; Pope's Dig., § 14473; A.S.A. 1947, § 73-2001.

All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and benefit.

Acts 1927, No. 121, § 1; Pope's Dig., § 14473; A.S.A. 1947, § 73-2001.
Ark. Code Ann. § 23-13-207 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-207
Regulation by department
Status: in_force

The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 184, eff. 8/1/2017. Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756.

The regulation of the transportation of passengers or property by motor carriers over the public highways of this state, the procurement thereof, and the provisions of facilities is vested in the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 184, eff. 8/1/2017.

Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756.
Ark. Code Ann. § 23-114-104 — AR Code / Title 23 / Chapter 114 / Subchapter 1 / Section 23-114-104
Penalty
Status: in_force

(a) (1) A violation of this chapter by a licensed authorized organization is a violation punishable by a fine not to exceed five thousand dollars ($5,000). (2) A second or subsequent offense is a violation punishable by a fine not to exceed ten thousand dollars ($10,000). (b) A person who conducts a game of bingo or a raffle without a license under this chapter shall be subject to the same penalties as provided under § 5-66-118 , concerning lotteries. Acts 2007, No. 388, § 1; 2009, No. 164, § 16.

(a) (1) A violation of this chapter by a licensed authorized organization is a violation punishable by a fine not to exceed five thousand dollars ($5,000). (2) A second or subsequent offense is a violation punishable by a fine not to exceed ten thousand dollars ($10,000).

(1) A violation of this chapter by a licensed authorized organization is a violation punishable by a fine not to exceed five thousand dollars ($5,000).

(2) A second or subsequent offense is a violation punishable by a fine not to exceed ten thousand dollars ($10,000).

(b) A person who conducts a game of bingo or a raffle without a license under this chapter shall be subject to the same penalties as provided under § 5-66-118 , concerning lotteries.

Acts 2007, No. 388, § 1; 2009, No. 164, § 16.
Ark. Code Ann. § 23-1-112 — AR Code / Title 23 / Chapter 1 / Section 23-1-112
Contracts in violation of Acts 1935, No. 324, or commission's order
Status: in_force

(a) Any contract made in violation of this act or any lawful order of the commission shall be void and subject to cancellation and recoupment by action in any court of competent jurisdiction. (b) Where a contract is made contrary to the provisions of this act or any lawful order of the commission, the commission, after notice and hearing, may order the public utility to take steps within ten (10) days to recover the funds or assets thus illegally loaned or transferred by action in a court of competent jurisdiction or to take such other proceedings as may be effective to release the public utility from any such contract. Acts 1935, No. 324, § 39; Pope's Dig., § 2102; A.S.A. 1947, § 73-238.

(a) Any contract made in violation of this act or any lawful order of the commission shall be void and subject to cancellation and recoupment by action in any court of competent jurisdiction.

(b) Where a contract is made contrary to the provisions of this act or any lawful order of the commission, the commission, after notice and hearing, may order the public utility to take steps within ten (10) days to recover the funds or assets thus illegally loaned or transferred by action in a court of competent jurisdiction or to take such other proceedings as may be effective to release the public utility from any such contract.

Acts 1935, No. 324, § 39; Pope's Dig., § 2102; A.S.A. 1947, § 73-238.
Ark. Code Ann. § 23-69-110 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-110
Vacancies on board of directors
Status: in_force

(a) Vacancies on the board of directors may be filled by the remaining members of the board, and each person so elected shall be a director until his or her successor is elected by the stockholders or members, at the next annual meeting of stockholders or members, or at any special meeting of stockholders or members called for that purpose and held prior thereto. (b) This section shall not apply to insurers organized and duly licensed to transact business prior to January 1, 1960, if the bylaws or articles of incorporation of the insurers provide for other methods of filling vacancies on the board of directors. Acts 1959, No. 148, § 474; A.S.A. 1947, § 66-4222.

(a) Vacancies on the board of directors may be filled by the remaining members of the board, and each person so elected shall be a director until his or her successor is elected by the stockholders or members, at the next annual meeting of stockholders or members, or at any special meeting of stockholders or members called for that purpose and held prior thereto.

(b) This section shall not apply to insurers organized and duly licensed to transact business prior to January 1, 1960, if the bylaws or articles of incorporation of the insurers provide for other methods of filling vacancies on the board of directors.

Acts 1959, No. 148, § 474; A.S.A. 1947, § 66-4222.
Ark. Code Ann. § 23-37-313 — AR Code / Title 23 / Chapter 37 / Subchapter 3 / Section 23-37-313
Changes in name, location, etc
Status: in_force

(a) No association shall, without the prior approval of the Savings and Loan Association Board [abolished] or Supervisor of Savings and Loan Associations: (1) Establish any branch office other than the principal office stated in its articles of incorporation; (2) Move any principal office or branch office of the association beyond two (2) miles of its original location; or (3) Change its name. (b) (1) When approval is applied for, the supervisor shall give written notice, as required by this chapter and the rules of the board, to every state or federal association whose home office is located in the same county or whose home office is in a county adjoining the county in which the home office of the petitioning association is located. (2) If no protest is received within the time set forth by this chapter and by the board in its rules, the supervisor may approve or deny the establishment or move of any branch office, move of a home office, or a change of name. (c) An association may not move its home office from the county in which its home office was originally located. Acts 1963, No. 227, § 29; 1975, No. 531, § 4; 1979, No. 361, § 7; A.S.A. 1947, § 67-1829.

(a) No association shall, without the prior approval of the Savings and Loan Association Board [abolished] or Supervisor of Savings and Loan Associations: (1) Establish any branch office other than the principal office stated in its articles of incorporation; (2) Move any principal office or branch office of the association beyond two (2) miles of its original location; or (3) Change its name.

(1) Establish any branch office other than the principal office stated in its articles of incorporation;

(2) Move any principal office or branch office of the association beyond two (2) miles of its original location; or

(3) Change its name.

(b) (1) When approval is applied for, the supervisor shall give written notice, as required by this chapter and the rules of the board, to every state or federal association whose home office is located in the same county or whose home office is in a county adjoining the county in which the home office of the petitioning association is located. (2) If no protest is received within the time set forth by this chapter and by the board in its rules, the supervisor may approve or deny the establishment or move of any branch office, move of a home office, or a change of name.

(1) When approval is applied for, the supervisor shall give written notice, as required by this chapter and the rules of the board, to every state or federal association whose home office is located in the same county or whose home office is in a county adjoining the county in which the home office of the petitioning association is located.

(2) If no protest is received within the time set forth by this chapter and by the board in its rules, the supervisor may approve or deny the establishment or move of any branch office, move of a home office, or a change of name.

(c) An association may not move its home office from the county in which its home office was originally located.

Acts 1963, No. 227, § 29; 1975, No. 531, § 4; 1979, No. 361, § 7; A.S.A. 1947, § 67-1829.
Ark. Code Ann. § 23-11-222 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-222
Corporations existing prior to June 11, 1959 - Application of subchapter - Extension of existence
Status: in_force

(a) This subchapter shall be applicable to all railroad corporations organized under the laws of this state, provided that each existing railroad corporation may, within two (2) years of June 11, 1959, file with the Arkansas Department of Transportation, the Secretary of State, and the county clerk of each county in which its articles of incorporation are then filed an amendment to its articles of incorporation adopted by not less than two-thirds (2/3) of its stockholders, at an annual or special meeting, setting forth the period of existence desired for the corporation. (b) When the filings are completed, the corporation's existence shall be deemed extended according to the terms of the amendment. However, if any such corporation fails to file the amendment, then its charter shall expire at the time it would have expired had this subchapter not been adopted unless it is extended prior to the expiration in the manner provided by law for extension of railroad corporation charters. Amended by Act 2017, No. 707,§ 165, eff. 8/1/2017. Acts 1959, No. 30, § 23; A.S.A. 1947, § 73-335.

(a) This subchapter shall be applicable to all railroad corporations organized under the laws of this state, provided that each existing railroad corporation may, within two (2) years of June 11, 1959, file with the Arkansas Department of Transportation, the Secretary of State, and the county clerk of each county in which its articles of incorporation are then filed an amendment to its articles of incorporation adopted by not less than two-thirds (2/3) of its stockholders, at an annual or special meeting, setting forth the period of existence desired for the corporation.

(b) When the filings are completed, the corporation's existence shall be deemed extended according to the terms of the amendment. However, if any such corporation fails to file the amendment, then its charter shall expire at the time it would have expired had this subchapter not been adopted unless it is extended prior to the expiration in the manner provided by law for extension of railroad corporation charters.

Amended by Act 2017, No. 707,§ 165, eff. 8/1/2017.

Acts 1959, No. 30, § 23; A.S.A. 1947, § 73-335.
Ark. Code Ann. § 23-99-606 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-606
Insurance Commissioner's enforcement authority
Status: in_force

The Insurance Commissioner shall enforce this subchapter, using the powers granted to the commissioner elsewhere in the Arkansas Insurance Code. Acts 1999, No. 1232, § 6.

The Insurance Commissioner shall enforce this subchapter, using the powers granted to the commissioner elsewhere in the Arkansas Insurance Code.

Acts 1999, No. 1232, § 6.
Ark. Code Ann. § 23-61-909 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-909
Data collected under State Health Data Clearinghouse Act
Status: in_force

(a) The Department of Health shall submit data collected under the State Health Data Clearinghouse Act, § 20-7-301 et seq., to the Arkansas Healthcare Transparency Initiative for integration into the Arkansas Healthcare Transparency Initiative database created under § 23-61-904 . (b) The data submitted under subsection (a) of this section: (1) Shall be assigned a unique identifier as defined in § 23-61-903 ; and (2) May be used in accordance with the purposes of the Arkansas Healthcare Transparency Initiative and the rules promulgated under this subchapter. Added by Act 2017, No. 979,§ 5, eff. 8/1/2017.

(a) The Department of Health shall submit data collected under the State Health Data Clearinghouse Act, § 20-7-301 et seq., to the Arkansas Healthcare Transparency Initiative for integration into the Arkansas Healthcare Transparency Initiative database created under § 23-61-904 .

(b) The data submitted under subsection (a) of this section: (1) Shall be assigned a unique identifier as defined in § 23-61-903 ; and (2) May be used in accordance with the purposes of the Arkansas Healthcare Transparency Initiative and the rules promulgated under this subchapter.

(1) Shall be assigned a unique identifier as defined in § 23-61-903 ; and

(2) May be used in accordance with the purposes of the Arkansas Healthcare Transparency Initiative and the rules promulgated under this subchapter.

Added by Act 2017, No. 979,§ 5, eff. 8/1/2017.
Ark. Code Ann. § 23-11-302 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-302
Authority to sell or lease road or property to connecting foreign railroad - Authority to acquire other railroads - Ratification
Status: in_force

(a) Subject to the approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that such action will be in the public interest, any railroad corporation in this state may sell or lease its road, property, and franchise to any other railroad corporation duly organized and existing under the laws of any other state or territory whose line of railroad shall so connect with the leased or purchased road by bridge, ferry, or otherwise as to practically form a continuous line of railroad. (b) Any railroad corporation in this state may buy or lease or otherwise acquire any railroad with all the property, rights, privileges, and franchises thereto pertaining, or buy the stock and bonds, or guarantee the bonds of any railroad corporation incorporated or organized within or without this state whenever the roads of the companies form in the operation thereof a continuous line or lines. (c) Before any such lease or sale is valid, it must be approved and ratified by persons holding or representing two-thirds (2/3) of the capital stock of each of the companies respectively, at a stockholders' meeting called for that purpose. Amended by Act 2019, No. 315,§ 2409, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 167, eff. 8/1/2017. Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8508; Pope's Dig., § 11084; Acts 1959, No. 30, § 21; A.S.A. 1947, § 73-422.

(a) Subject to the approval thereof by the Arkansas Department of Transportation under such rules for procedure as it may establish and a determination that such action will be in the public interest, any railroad corporation in this state may sell or lease its road, property, and franchise to any other railroad corporation duly organized and existing under the laws of any other state or territory whose line of railroad shall so connect with the leased or purchased road by bridge, ferry, or otherwise as to practically form a continuous line of railroad.

(b) Any railroad corporation in this state may buy or lease or otherwise acquire any railroad with all the property, rights, privileges, and franchises thereto pertaining, or buy the stock and bonds, or guarantee the bonds of any railroad corporation incorporated or organized within or without this state whenever the roads of the companies form in the operation thereof a continuous line or lines.

(c) Before any such lease or sale is valid, it must be approved and ratified by persons holding or representing two-thirds (2/3) of the capital stock of each of the companies respectively, at a stockholders' meeting called for that purpose.

Amended by Act 2019, No. 315,§ 2409, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 167, eff. 8/1/2017.

Acts 1889, No. 34, § 2, p. 43; C. & M. Dig., § 8508; Pope's Dig., § 11084; Acts 1959, No. 30, § 21; A.S.A. 1947, § 73-422.
Ark. Code Ann. § 23-66-507 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-507
Confidentiality
Status: in_force

(a) Notwithstanding any other provision of law, the documents and evidence provided pursuant to §§ 23-66-505 and 23-66-508 or obtained by the Insurance Commissioner in an investigation of suspected or actual fraudulent insurance acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action until the matter under investigation is closed by the Criminal Investigation Division with the consent of the commissioner. (b) Subsection (a) of this section does not prohibit release by the commissioner of documents and evidence obtained by the division in an investigation of suspected or actual fraudulent insurance acts: (1) In administrative or judicial proceedings to enforce laws administered by the commissioner; (2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent insurance acts, or to the National Association of Insurance Commissioners; or (3) At the discretion of the commissioner, to a person in the business of insurance that is aggrieved by a fraudulent insurance act. (c) Release of documents and evidence under subsection (b) of this section does not abrogate or modify the privilege granted in subsection (a) of this section. Acts 1997, No. 217, § 1; 2001, No. 1604, § 46; 2005, No. 1697, § 15.

(a) Notwithstanding any other provision of law, the documents and evidence provided pursuant to §§ 23-66-505 and 23-66-508 or obtained by the Insurance Commissioner in an investigation of suspected or actual fraudulent insurance acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action until the matter under investigation is closed by the Criminal Investigation Division with the consent of the commissioner.

(b) Subsection (a) of this section does not prohibit release by the commissioner of documents and evidence obtained by the division in an investigation of suspected or actual fraudulent insurance acts: (1) In administrative or judicial proceedings to enforce laws administered by the commissioner; (2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent insurance acts, or to the National Association of Insurance Commissioners; or (3) At the discretion of the commissioner, to a person in the business of insurance that is aggrieved by a fraudulent insurance act.

(1) In administrative or judicial proceedings to enforce laws administered by the commissioner;

(2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent insurance acts, or to the National Association of Insurance Commissioners; or

(3) At the discretion of the commissioner, to a person in the business of insurance that is aggrieved by a fraudulent insurance act.

(c) Release of documents and evidence under subsection (b) of this section does not abrogate or modify the privilege granted in subsection (a) of this section.

Acts 1997, No. 217, § 1; 2001, No. 1604, § 46; 2005, No. 1697, § 15.
Ark. Code Ann. § 23-4-627 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-627
Failure of department to reach timely decision - Conditional implementation of suspended rates
Status: in_force

In the event no final rate determination has been made upon the schedule for new rates within ten (10) months after the date the schedule for new rates was filed with the Arkansas Department of Transportation, the public utility may put the suspended rate into effect for all bills rendered thereafter immediately upon the filing of a bond to be approved by the department payable to the State of Arkansas in such amount and with sufficient security to insure prompt payment of any refunds to the persons entitled thereto, including an interest rate as determined by the department not to exceed the maximum interest otherwise allowed by law, if the rate or rates so put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the department for the protection of the parties interested. Amended by Act 2017, No. 707,§ 125, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

In the event no final rate determination has been made upon the schedule for new rates within ten (10) months after the date the schedule for new rates was filed with the Arkansas Department of Transportation, the public utility may put the suspended rate into effect for all bills rendered thereafter immediately upon the filing of a bond to be approved by the department payable to the State of Arkansas in such amount and with sufficient security to insure prompt payment of any refunds to the persons entitled thereto, including an interest rate as determined by the department not to exceed the maximum interest otherwise allowed by law, if the rate or rates so put into effect are finally determined to be excessive. There may be substituted for the bond other arrangements satisfactory to the department for the protection of the parties interested.

Amended by Act 2017, No. 707,§ 125, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-32-505 — AR Code / Title 23 / Chapter 32 / Subchapter 5 / Section 23-32-505
Payment to designated agent
Status: in_force

On request of an agent under an agency designation for an account, a financial institution may, unless it actually knows that the authority of agency has terminated, pay to the agent sums on deposit in the account. Acts 1997, No. 85, § 5.

On request of an agent under an agency designation for an account, a financial institution may, unless it actually knows that the authority of agency has terminated, pay to the agent sums on deposit in the account.

Acts 1997, No. 85, § 5.
Ark. Code Ann. § 23-101-102 — AR Code / Title 23 / Chapter 101 / Section 23-101-102
Scope
Status: in_force

(a) This chapter applies to an insurer or producer transacting creditor-placed insurance as defined in this chapter. (b) All creditor-placed insurance written in connection with credit transactions for personal, family, or household purposes is subject to the provisions of this chapter, except: (1) Transactions involving extensions of credit primarily for business or commercial purposes; (2) Insurance on collateralized real property; (3) Insurance offered by the creditor and elected by the debtor at the debtor's option; (4) Insurance for which no specific charge is made to the debtor or the debtor's account; or (5) Blanket insurance, whether paid for by the debtor or the creditor. (c) The Insurance Commissioner shall have authority to bring an administrative or judicial proceeding to enforce this chapter. No provisions of this chapter are intended to establish or extinguish a private right of action for a violation of any provision of this chapter. Acts 1997, No. 930, § 2.

(a) This chapter applies to an insurer or producer transacting creditor-placed insurance as defined in this chapter.

(b) All creditor-placed insurance written in connection with credit transactions for personal, family, or household purposes is subject to the provisions of this chapter, except: (1) Transactions involving extensions of credit primarily for business or commercial purposes; (2) Insurance on collateralized real property; (3) Insurance offered by the creditor and elected by the debtor at the debtor's option; (4) Insurance for which no specific charge is made to the debtor or the debtor's account; or (5) Blanket insurance, whether paid for by the debtor or the creditor.

(1) Transactions involving extensions of credit primarily for business or commercial purposes;

(2) Insurance on collateralized real property;

(3) Insurance offered by the creditor and elected by the debtor at the debtor's option;

(4) Insurance for which no specific charge is made to the debtor or the debtor's account; or

(5) Blanket insurance, whether paid for by the debtor or the creditor.

(c) The Insurance Commissioner shall have authority to bring an administrative or judicial proceeding to enforce this chapter. No provisions of this chapter are intended to establish or extinguish a private right of action for a violation of any provision of this chapter.

Acts 1997, No. 930, § 2.
Ark. Code Ann. § 23-55-401 — AR Code / Title 23 / Chapter 55 / Section 23-55-401
License required
Status: in_force

(a) A person may not engage in currency exchange or advertise, solicit, or hold itself out as providing currency exchange for which the person receives revenues equal or greater than five percent of total revenues unless the person: (1) is licensed under this article; (2) is licensed for money transmission under § 23-55-201 et seq.; or (3) is an authorized delegate of a person licensed under § 23-55-201 et seq. (b) A license under this article is not transferable or assignable. Acts 2007, No. 1595, § 1; 2011, No. 733, § 7.

(a) A person may not engage in currency exchange or advertise, solicit, or hold itself out as providing currency exchange for which the person receives revenues equal or greater than five percent of total revenues unless the person: (1) is licensed under this article; (2) is licensed for money transmission under § 23-55-201 et seq.; or (3) is an authorized delegate of a person licensed under § 23-55-201 et seq.

(1) is licensed under this article;

(2) is licensed for money transmission under § 23-55-201 et seq.; or

(3) is an authorized delegate of a person licensed under § 23-55-201 et seq.

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

Acts 2007, No. 1595, § 1; 2011, No. 733, § 7.
Ark. Code Ann. § 23-3-704 — AR Code / Title 23 / Chapter 3 / Subchapter 7 / Section 23-3-704
Basis of rate determination - Waiver of avoided cost standard
Status: in_force

(a) A determination of the avoided energy cost rate or rates for the electric utility shall be based on the electric utility's estimated avoided costs of producing or purchasing electrical energy during the time period of the purchase of electrical energy from the qualifying facility. It shall not be based upon the production or purchase of electrical energy at any time other than during the time period of the purchasing of electrical energy from the qualifying facility. A determination of the avoided capacity cost rate or rates for the electric utility shall be based at the electric utility's cost of capacity additions or purchases avoided during the time period of the purchase of electrical capacity from the qualifying facility. It shall not be based upon the purchase of electrical capacity at any time other than during the time period of the purchase of electrical capacity from the qualifying facility. (b) (1) In the event the Arkansas Public Service Commission finds and determines that the avoided cost rate is not necessary to encourage the appropriate amount of construction of qualifying facilities and that a rate less than the avoided cost rate is just and reasonable to the electric consumer of the electric utility, is in the public interest, and will not discriminate against qualifying facilities, the Arkansas Public Service Commission shall take all reasonable and appropriate steps to obtain a waiver of the avoided cost standard from the Federal Energy Regulatory Commission or any successor agency. (2) In addition, a determination of the avoided cost rate or rates for energy or capacity purchased by an electric utility shall: (A) Be just and reasonable to the electric consumer of the electric utility and in the public interest; and (B) Not discriminate against qualifying cogeneration and small power production facilities. (c) Nothing in this subsection requires any electric utility to pay more than the avoided costs for purchases. Acts 1987, No. 796, §§ 4, 5.

(a) A determination of the avoided energy cost rate or rates for the electric utility shall be based on the electric utility's estimated avoided costs of producing or purchasing electrical energy during the time period of the purchase of electrical energy from the qualifying facility. It shall not be based upon the production or purchase of electrical energy at any time other than during the time period of the purchasing of electrical energy from the qualifying facility. A determination of the avoided capacity cost rate or rates for the electric utility shall be based at the electric utility's cost of capacity additions or purchases avoided during the time period of the purchase of electrical capacity from the qualifying facility. It shall not be based upon the purchase of electrical capacity at any time other than during the time period of the purchase of electrical capacity from the qualifying facility.

(b) (1) In the event the Arkansas Public Service Commission finds and determines that the avoided cost rate is not necessary to encourage the appropriate amount of construction of qualifying facilities and that a rate less than the avoided cost rate is just and reasonable to the electric consumer of the electric utility, is in the public interest, and will not discriminate against qualifying facilities, the Arkansas Public Service Commission shall take all reasonable and appropriate steps to obtain a waiver of the avoided cost standard from the Federal Energy Regulatory Commission or any successor agency. (2) In addition, a determination of the avoided cost rate or rates for energy or capacity purchased by an electric utility shall: (A) Be just and reasonable to the electric consumer of the electric utility and in the public interest; and (B) Not discriminate against qualifying cogeneration and small power production facilities.

(1) In the event the Arkansas Public Service Commission finds and determines that the avoided cost rate is not necessary to encourage the appropriate amount of construction of qualifying facilities and that a rate less than the avoided cost rate is just and reasonable to the electric consumer of the electric utility, is in the public interest, and will not discriminate against qualifying facilities, the Arkansas Public Service Commission shall take all reasonable and appropriate steps to obtain a waiver of the avoided cost standard from the Federal Energy Regulatory Commission or any successor agency.

(2) In addition, a determination of the avoided cost rate or rates for energy or capacity purchased by an electric utility shall: (A) Be just and reasonable to the electric consumer of the electric utility and in the public interest; and (B) Not discriminate against qualifying cogeneration and small power production facilities.

(A) Be just and reasonable to the electric consumer of the electric utility and in the public interest; and

(B) Not discriminate against qualifying cogeneration and small power production facilities.

(c) Nothing in this subsection requires any electric utility to pay more than the avoided costs for purchases.

Acts 1987, No. 796, §§ 4, 5.
Ark. Code Ann. § 23-16-105 — AR Code / Title 23 / Chapter 16 / Subchapter 1 / Section 23-16-105
Statement of fees due from rail carriers - Payment - Delinquent penalty
Status: in_force

(a) After determining the amount of the fee due to be paid by each of the rail carriers, the Arkansas Department of Transportation, annually on or before August 15, shall prepare and transmit to each of the rail carriers a statement of the fees due for rail carrier costs during the preceding fiscal year. (b) Thereafter, on or before August 31 of each year, each of the rail carriers shall pay to the department all fees shown to be due by the statements. (c) On receipt of the fees and charges provided for in this subchapter, the department shall deposit the fees and charges with the Treasurer of State, and the amount so received by the Treasurer of State shall be classified by the Treasurer of State as special revenues and transferred, by the Treasurer of State on the last business day of the month such amounts are deposited, to the State Highway and Transportation Department Fund, there, notwithstanding the provisions of any law to the contrary, to be utilized by the department for the purposes of administering the laws of this state which the State Highway Commission and the department are responsible for administering with regard to rail carriers and for the construction, reconstruction, and maintenance of highways and bridges in the state highway system. (d) In the event any rail carrier fails or refuses to pay the fees provided for in this subchapter on or before August 31 of each year, the department shall add to such fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent fee and penalty to the Attorney General for collection. Amended by Act 2017, No. 707,§ 260, eff. 8/1/2017. Acts 1949, No. 262, § 6; A.S.A. 1947, § 73-273; Acts 1993, No. 725, § 1.

(a) After determining the amount of the fee due to be paid by each of the rail carriers, the Arkansas Department of Transportation, annually on or before August 15, shall prepare and transmit to each of the rail carriers a statement of the fees due for rail carrier costs during the preceding fiscal year.

(b) Thereafter, on or before August 31 of each year, each of the rail carriers shall pay to the department all fees shown to be due by the statements.

(c) On receipt of the fees and charges provided for in this subchapter, the department shall deposit the fees and charges with the Treasurer of State, and the amount so received by the Treasurer of State shall be classified by the Treasurer of State as special revenues and transferred, by the Treasurer of State on the last business day of the month such amounts are deposited, to the State Highway and Transportation Department Fund, there, notwithstanding the provisions of any law to the contrary, to be utilized by the department for the purposes of administering the laws of this state which the State Highway Commission and the department are responsible for administering with regard to rail carriers and for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.

(d) In the event any rail carrier fails or refuses to pay the fees provided for in this subchapter on or before August 31 of each year, the department shall add to such fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent fee and penalty to the Attorney General for collection.

Amended by Act 2017, No. 707,§ 260, eff. 8/1/2017.

Acts 1949, No. 262, § 6; A.S.A. 1947, § 73-273; Acts 1993, No. 725, § 1.