Ark. Code Ann. § 23-85-110 — AR Code / Title 23 / Chapter 85 / Section 23-85-110
Notice of claim provision
Status: in_force

(a) There shall be a provision as follows: "Notice of Claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ............... (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer." (b) In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may at its option insert the following between the first and second sentences of the provision set forth in subsection (a) of this section: "Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two (2) years, he shall, at least once in every six (6) months after having given notice of the claim, give to the insurer notice of continuance of the disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured's right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given." Acts 1959, No. 148, § 393; A.S.A. 1947, § 66-3608.

(a) There shall be a provision as follows: "Notice of Claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ............... (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer."

"Notice of Claim: Written notice of claim must be given to the insurer within twenty (20) days after the occurrence or commencement of any loss covered by the policy, or as soon thereafter as is reasonably possible. Notice given by or on behalf of the insured or the beneficiary to the insurer at ............... (insert the location of such office as the insurer may designate for the purpose), or to any authorized agent of the insurer, with information sufficient to identify the insured, shall be deemed notice to the insurer."

(b) In a policy providing a loss-of-time benefit which may be payable for at least two (2) years, an insurer may at its option insert the following between the first and second sentences of the provision set forth in subsection (a) of this section: "Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two (2) years, he shall, at least once in every six (6) months after having given notice of the claim, give to the insurer notice of continuance of the disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured's right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given."

"Subject to the qualifications set forth below, if the insured suffers loss of time on account of disability for which indemnity may be payable for at least two (2) years, he shall, at least once in every six (6) months after having given notice of the claim, give to the insurer notice of continuance of the disability, except in the event of legal incapacity. The period of six (6) months following any filing of proof by the insured or any payment by the insurer on account of such claim or any denial of liability in whole or in part by the insurer shall be excluded in applying this provision. Delay in the giving of such notice shall not impair the insured's right to any indemnity which would otherwise have accrued during the period of six (6) months preceding the date on which such notice is actually given."

Acts 1959, No. 148, § 393; A.S.A. 1947, § 66-3608.
Ark. Code Ann. § 23-76-124 — AR Code / Title 23 / Chapter 76 / Section 23-76-124
Rehabilitation, liquidation, or conservation of health maintenance organization
Status: in_force

(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Insurance Commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies. (b) The commissioner may apply for an order directing him or her to rehabilitate, liquidate, or conserve a health maintenance organization upon any one (1) or more grounds set out in § 23-68-107 or when in his or her opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or to the people of this state. Acts 1975, No. 454, § 20; A.S.A. 1947, § 66-5220.

(a) Any rehabilitation, liquidation, or conservation of a health maintenance organization shall be deemed to be the rehabilitation, liquidation, or conservation of an insurance company and shall be conducted under the supervision of the Insurance Commissioner pursuant to the law governing the rehabilitation, liquidation, or conservation of insurance companies.

(b) The commissioner may apply for an order directing him or her to rehabilitate, liquidate, or conserve a health maintenance organization upon any one (1) or more grounds set out in § 23-68-107 or when in his or her opinion the continued operation of the health maintenance organization would be hazardous either to the enrollees or to the people of this state.

Acts 1975, No. 454, § 20; A.S.A. 1947, § 66-5220.
Ark. Code Ann. § 23-17-101 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-101
Right to construct, operate, and maintain lines - Damages for occupation of property
Status: in_force

(a) (1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence: (A) Along and over the public highways and streets of the cities and towns of this state; (B) Across and under the waters and over any lands or public works belonging to this state; (C) On and over the lands of private individuals; (D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and (E) On and over the bridges, trestles, or structures of the railroads. (2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded. (b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations. (c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101 . Acts 1885, No. 107, § 1, p. 176; C. & M. Dig., § 3989; Pope's Dig., § 4991; A.S.A. 1947, § 73-1801; Acts 1994 (1st Ex. Sess.), No. 6, § 5; 1994 (1st Ex. Sess.), No. 7, § 5.

(a) (1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence: (A) Along and over the public highways and streets of the cities and towns of this state; (B) Across and under the waters and over any lands or public works belonging to this state; (C) On and over the lands of private individuals; (D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and (E) On and over the bridges, trestles, or structures of the railroads. (2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.

(1) Any person or corporation organized by virtue of the laws of this state or of any other state of the United States or by virtue of the laws of the United States, for the purpose of transmitting intelligence by magnetic telegraph or telephone, or other system of transmitting intelligence which is the equivalent of telephone or telegraph and which may be invented or discovered, may construct, operate, and maintain the telegraph, telephone, or other lines necessary for the speedy transmission of intelligence: (A) Along and over the public highways and streets of the cities and towns of this state; (B) Across and under the waters and over any lands or public works belonging to this state; (C) On and over the lands of private individuals; (D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and (E) On and over the bridges, trestles, or structures of the railroads.

(A) Along and over the public highways and streets of the cities and towns of this state;

(B) Across and under the waters and over any lands or public works belonging to this state;

(C) On and over the lands of private individuals;

(D) Upon, along, and parallel to any of the railroads or turnpikes of this state; and

(E) On and over the bridges, trestles, or structures of the railroads.

(2) However, the ordinary use of the public highways, streets, works, railroads, bridges, trestles, or structures and turnpikes shall not be obstructed thereby, nor shall the navigation of the waters be impeded.

(b) Just damages shall be paid to the owners of the lands, railroads, and turnpikes by reason of the occupation of the lands, railroads, and turnpikes by the telegraph or telephone corporations.

(c) Nothing in this subchapter shall limit the authority of municipalities to impose franchise fees pursuant to § 14-200-101 .

Acts 1885, No. 107, § 1, p. 176; C. & M. Dig., § 3989; Pope's Dig., § 4991; A.S.A. 1947, § 73-1801; Acts 1994 (1st Ex. Sess.), No. 6, § 5; 1994 (1st Ex. Sess.), No. 7, § 5.
Ark. Code Ann. § 23-32-508 — AR Code / Title 23 / Chapter 32 / Subchapter 5 / Section 23-32-508
Setoff
Status: in_force

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to setoff against the agency account. The amount of the agency account subject to setoff is the proportion to which the party is, or immediately before death was, beneficially entitled or, in the absence of proof of that proportion, an equal share with all parties. Acts 1997, No. 85, § 8.

Without qualifying any other statutory right to setoff or lien and subject to any contractual provision, if a party is indebted to a financial institution, the financial institution has a right to setoff against the agency account. The amount of the agency account subject to setoff is the proportion to which the party is, or immediately before death was, beneficially entitled or, in the absence of proof of that proportion, an equal share with all parties.

Acts 1997, No. 85, § 8.
Ark. Code Ann. § 23-10-104 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-104
Railroads - Preferences as to services prohibited
Status: in_force

No railroad or any lessee, manager, or employee thereof shall make any preferences in furnishing cars or motive power. Acts 1887, No. 81, § 4, p. 113; C. & M. Dig., § 919; Pope's Dig., § 1123; A.S.A. 1947, § 73-1506.

No railroad or any lessee, manager, or employee thereof shall make any preferences in furnishing cars or motive power.

Acts 1887, No. 81, § 4, p. 113; C. & M. Dig., § 919; Pope's Dig., § 1123; A.S.A. 1947, § 73-1506.
Ark. Code Ann. § 23-88-304 — AR Code / Title 23 / Chapter 88 / Subchapter 3 / Section 23-88-304
Governing board
Status: in_force

For the plan or plans there shall be a governing board of seven (7) members to be appointed by the Insurance Commissioner, which shall meet at least annually to review and prescribe operating rules and which shall consist of the following members: (1) Four (4) members shall be representatives of foreign insurance companies, with those members to be appointed for terms of three (3) years; and (2) Three (3) members shall be representatives of domestic insurance companies, with those members to be appointed for terms of three (3) years. Acts 1985 (1st Ex. Sess.), No. 25, § 3; A.S.A. 1947, § 66-6103.

For the plan or plans there shall be a governing board of seven (7) members to be appointed by the Insurance Commissioner, which shall meet at least annually to review and prescribe operating rules and which shall consist of the following members:

(1) Four (4) members shall be representatives of foreign insurance companies, with those members to be appointed for terms of three (3) years; and

(2) Three (3) members shall be representatives of domestic insurance companies, with those members to be appointed for terms of three (3) years.

Acts 1985 (1st Ex. Sess.), No. 25, § 3; A.S.A. 1947, § 66-6103.
Ark. Code Ann. § 23-63-218 — AR Code / Title 23 / Chapter 63 / Subchapter 2 / Section 23-63-218
Change of domicile
Status: in_force

(a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state. The domestic insurer will be entitled to like certificates and licenses to transact business in this state and shall be subject to the authority and jurisdiction of this state. An insurer which changes its status from foreign to domestic shall have all the rights, titles, and interests in the assets of the original corporation, as well as all of its liabilities and obligations. The insurer shall be recognized as an insurer formed under the laws of this state as of the date of its incorporation in its original domiciliary state. (b) (1) Any domestic insurer may, upon the approval of the Insurance Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance. Upon the transfer, the insurer shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. (2) The commissioner shall approve any proposed transfer unless he or she shall determine that the transfer is not in the interest of the policyholders of this state. (c) (1) The certificate of authority, agents, appointments and licenses, rates, and other items which the commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the insurer remains qualified to transact the business of insurance in this state. (2) All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the commissioner. (3) Every transferring insurer shall file new policy forms with the commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the commissioner. (4) However, every transferring insurer shall notify the commissioner of the details of the proposed transfer and shall file promptly the resulting amendments to corporate documents filed or required to be filed with the commissioner. (d) The commissioner may promulgate rules to carry out the purposes of this section. Amended by Act 2019, No. 315,§ 2627, eff. 7/24/2019. Acts 1981, No. 820, §§ 1-4; A.S.A. 1947, §§ 66-2228 -- 66-2231; Acts 1991, No. 1123, § 19.

(a) Any insurer which is organized under the laws of any other state and is admitted to do business in this state for the purpose of writing insurance may become a domestic insurer by complying with all of the requirements of law relative to the organization and licensing of a domestic insurer of the same type and by designating its principal place of business at a place in this state. The domestic insurer will be entitled to like certificates and licenses to transact business in this state and shall be subject to the authority and jurisdiction of this state. An insurer which changes its status from foreign to domestic shall have all the rights, titles, and interests in the assets of the original corporation, as well as all of its liabilities and obligations. The insurer shall be recognized as an insurer formed under the laws of this state as of the date of its incorporation in its original domiciliary state.

(b) (1) Any domestic insurer may, upon the approval of the Insurance Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance. Upon the transfer, the insurer shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer. (2) The commissioner shall approve any proposed transfer unless he or she shall determine that the transfer is not in the interest of the policyholders of this state.

(1) Any domestic insurer may, upon the approval of the Insurance Commissioner, transfer its domicile to any other state in which it is admitted to transact the business of insurance. Upon the transfer, the insurer shall cease to be a domestic insurer and shall be admitted to this state if qualified as a foreign insurer.

(2) The commissioner shall approve any proposed transfer unless he or she shall determine that the transfer is not in the interest of the policyholders of this state.

(c) (1) The certificate of authority, agents, appointments and licenses, rates, and other items which the commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the insurer remains qualified to transact the business of insurance in this state. (2) All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the commissioner. (3) Every transferring insurer shall file new policy forms with the commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the commissioner. (4) However, every transferring insurer shall notify the commissioner of the details of the proposed transfer and shall file promptly the resulting amendments to corporate documents filed or required to be filed with the commissioner.

(1) The certificate of authority, agents, appointments and licenses, rates, and other items which the commissioner allows, in his or her discretion, which are in existence at the time any insurer licensed to transact the business of insurance in this state transfers its corporate domicile to this or any other state by merger, consolidation, or any other lawful method shall continue in full force and effect upon the transfer if the insurer remains qualified to transact the business of insurance in this state.

(2) All outstanding policies of any transferring insurer shall remain in full force and effect and need not be endorsed as to the new name of the company or its new location unless so ordered by the commissioner.

(3) Every transferring insurer shall file new policy forms with the commissioner on or before the effective date of the transfer but may use existing policy forms with appropriate endorsements if allowed by, and under such conditions as approved by, the commissioner.

(4) However, every transferring insurer shall notify the commissioner of the details of the proposed transfer and shall file promptly the resulting amendments to corporate documents filed or required to be filed with the commissioner.

(d) The commissioner may promulgate rules to carry out the purposes of this section.

Amended by Act 2019, No. 315,§ 2627, eff. 7/24/2019.

Acts 1981, No. 820, §§ 1-4; A.S.A. 1947, §§ 66-2228 -- 66-2231; Acts 1991, No. 1123, § 19.
Ark. Code Ann. § 23-93-113 — AR Code / Title 23 / Chapter 93 / Subchapter 1 / Section 23-93-113
Statutory lien
Status: in_force

In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility shall have a statutory lien on the real and personal property of the facility. This lien shall be subordinate to liens of record prior to the date of a filing of a petition in bankruptcy or petition for receivership but shall be superior to all other creditors. Acts 1987, No. 329, § 10.

In the event of the bankruptcy or receivership of the provider resulting from the financial difficulties of the provider, the residents of the facility shall have a statutory lien on the real and personal property of the facility. This lien shall be subordinate to liens of record prior to the date of a filing of a petition in bankruptcy or petition for receivership but shall be superior to all other creditors.

Acts 1987, No. 329, § 10.
Ark. Code Ann. § 23-65-320 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-320
Domestic surplus lines insurers
Status: in_force

(a) A domestic insurer possessing policyholder surplus of at least twenty million dollars ($20,000,000) may be: (1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and (2) Allowed to write surplus lines insurance in any jurisdiction in which it is eligible. (b) A domestic surplus lines insurer is: (1) Deemed a nonadmitted surplus lines insurer in the State of Arkansas; and (2) Deemed a nonadmitted surplus lines insurer under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203. (c) A domestic surplus lines insurer is not subject to: (1) The Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq.; or (2) The Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq. (d) A surplus lines broker that obtains surplus lines insurance from a domestic surplus lines insurer shall comply with § 23-65-315 . (e) Unless specifically exempt, the insurance laws of this state regarding financial and solvency requirements apply to a domestic surplus lines insurer. Amended by Act 2013, No. 157,§ 1, eff. 8/16/2013. Acts 2011, No. 332, § 1.

(a) A domestic insurer possessing policyholder surplus of at least twenty million dollars ($20,000,000) may be: (1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and (2) Allowed to write surplus lines insurance in any jurisdiction in which it is eligible.

(1) Designated as a domestic surplus lines insurer with the written approval of the Insurance Commissioner; and

(2) Allowed to write surplus lines insurance in any jurisdiction in which it is eligible.

(b) A domestic surplus lines insurer is: (1) Deemed a nonadmitted surplus lines insurer in the State of Arkansas; and (2) Deemed a nonadmitted surplus lines insurer under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203.

(1) Deemed a nonadmitted surplus lines insurer in the State of Arkansas; and

(2) Deemed a nonadmitted surplus lines insurer under the Dodd-Frank Wall Street Reform and Consumer Protection Act, Pub. L. No. 111-203.

(c) A domestic surplus lines insurer is not subject to: (1) The Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq.; or (2) The Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.

(1) The Arkansas Property and Casualty Insurance Guaranty Act, § 23-90-101 et seq.; or

(2) The Arkansas Life and Health Insurance Guaranty Association Act, § 23-96-101 et seq.

(d) A surplus lines broker that obtains surplus lines insurance from a domestic surplus lines insurer shall comply with § 23-65-315 .

(e) Unless specifically exempt, the insurance laws of this state regarding financial and solvency requirements apply to a domestic surplus lines insurer.

Amended by Act 2013, No. 157,§ 1, eff. 8/16/2013.

Acts 2011, No. 332, § 1.
Ark. Code Ann. § 23-17-237 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-237
Limitation of actions
Status: in_force

No suit shall be brought against any telecommunications company or cooperative by the reason of the installation, use, or maintenance of telecommunications lines, poles, equipment, or fixtures on any real property, or within any right-of-way of any public way, unless it is commenced within two (2) years after the cause of action has accrued. Acts 1951, No. 51, § 36; A.S.A. 1947, § 77-1636; Acts 1989, No. 437, § 23; 1997, No. 316, § 14; 1999, No. 946, § 14.

No suit shall be brought against any telecommunications company or cooperative by the reason of the installation, use, or maintenance of telecommunications lines, poles, equipment, or fixtures on any real property, or within any right-of-way of any public way, unless it is commenced within two (2) years after the cause of action has accrued.

Acts 1951, No. 51, § 36; A.S.A. 1947, § 77-1636; Acts 1989, No. 437, § 23; 1997, No. 316, § 14; 1999, No. 946, § 14.
Ark. Code Ann. § 23-17-305 — AR Code / Title 23 / Chapter 17 / Subchapter 3 / Section 23-17-305
Conditional effective date
Status: in_force

The Universal Telephone Service Fund shall be effective on the date the interstate Universal Service Fund or similar arrangement is established by the Federal Communications Commission unless the Arkansas Public Service Commission, prior to that date and after hearing, finds that the circumstances upon which this subchapter is predicated have so substantially changed as to render the Universal Telephone Service Fund unnecessary or impracticable. Acts 1983, No. 483, § 7; A.S.A. 1947, § 73-2607.

The Universal Telephone Service Fund shall be effective on the date the interstate Universal Service Fund or similar arrangement is established by the Federal Communications Commission unless the Arkansas Public Service Commission, prior to that date and after hearing, finds that the circumstances upon which this subchapter is predicated have so substantially changed as to render the Universal Telephone Service Fund unnecessary or impracticable.

Acts 1983, No. 483, § 7; A.S.A. 1947, § 73-2607.
Ark. Code Ann. § 23-85-123 — AR Code / Title 23 / Chapter 85 / Section 23-85-123
Optional unpaid premiums provision
Status: in_force

There may be a provision as follows: "Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom." Acts 1959, No. 148, § 408; A.S.A. 1947, § 66-3623.

There may be a provision as follows:

"Unpaid Premiums: Upon the payment of a claim under this policy, any premium then due and unpaid or covered by any note or written order may be deducted therefrom."

Acts 1959, No. 148, § 408; A.S.A. 1947, § 66-3623.
Ark. Code Ann. § 23-61-202 — AR Code / Title 23 / Chapter 61 / Subchapter 2 / Section 23-61-202
Examination of managers and promoters required
Status: in_force

For the purposes of completing an examination of any company under this subchapter, the Insurance Commissioner may, as often as he or she deems advisable, examine or investigate any person, or the business of any person, insofar as such an examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company. Acts 1959, No. 148, § 31; A.S.A. 1947, § 66-2116; Acts 1991, No. 723, § 3.

For the purposes of completing an examination of any company under this subchapter, the Insurance Commissioner may, as often as he or she deems advisable, examine or investigate any person, or the business of any person, insofar as such an examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.

Acts 1959, No. 148, § 31; A.S.A. 1947, § 66-2116; Acts 1991, No. 723, § 3.
Ark. Code Ann. § 23-74-401 — AR Code / Title 23 / Chapter 74 / Subchapter 4 / Section 23-74-401
Benefits
Status: in_force

(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter. (b) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (a) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person. Acts 1989, No. 881, § 1.

(a) A society may provide the following contractual benefits in any form: (1) Death benefits; (2) Endowment benefits; (3) Annuity benefits; (4) Temporary or permanent disability benefits; (5) Hospital, medical, or nursing benefits; (6) Monument or tombstone benefits to the memory of deceased members; and (7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.

(1) Death benefits;

(2) Endowment benefits;

(3) Annuity benefits;

(4) Temporary or permanent disability benefits;

(5) Hospital, medical, or nursing benefits;

(6) Monument or tombstone benefits to the memory of deceased members; and

(7) Such other benefits as authorized for life insurers and which are not inconsistent with this chapter.

(b) A society shall specify in its rules those persons who may be issued, or covered by, the contractual benefits in subsection (a) of this section, consistent with providing benefits to members and their dependents. A society may provide benefits on the lives of children under the minimum age for adult membership upon application of an adult person.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-4-607 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-607
Connecting railroad lines - Division of charges
Status: in_force

If any two (2) or more connecting lines of railroad in this state fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers, or cars over their lines, the Arkansas Department of Transportation shall make the division and shall fix the pro rata part of such charges to be received by each of the connecting lines. Amended by Act 2017, No. 707,§ 113, eff. 8/1/2017. Acts 1903, No. 130, § 4, p. 218; C. & M. Dig., § 1647; Pope's Dig., § 1968; A.S.A. 1947, § 73-1410.

If any two (2) or more connecting lines of railroad in this state fail to agree upon a fair and just division of the charges arising from the transportation of freights, passengers, or cars over their lines, the Arkansas Department of Transportation shall make the division and shall fix the pro rata part of such charges to be received by each of the connecting lines.

Amended by Act 2017, No. 707,§ 113, eff. 8/1/2017.

Acts 1903, No. 130, § 4, p. 218; C. & M. Dig., § 1647; Pope's Dig., § 1968; A.S.A. 1947, § 73-1410.
Ark. Code Ann. § 23-2-305 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-305
Rules
Status: in_force

The commission is empowered after hearing and upon notice to make and from time to time in like manner to alter or amend such reasonable rules pertaining to the operation, accounting, service, and rates of public utilities and of the practice and procedure governing all investigations by and hearings and proceedings before the commission as it may deem proper and not inconsistent with this act. Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.

The commission is empowered after hearing and upon notice to make and from time to time in like manner to alter or amend such reasonable rules pertaining to the operation, accounting, service, and rates of public utilities and of the practice and procedure governing all investigations by and hearings and proceedings before the commission as it may deem proper and not inconsistent with this act.

Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.
Ark. Code Ann. § 23-19-207 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-207
Prohibited activity - Remedies for noncompliance
Status: in_force

(a) A video service provider shall not deny access to video service to any group of potential residential subscribers based on the income of the residents in the local area in which such a group resides. (b) A franchising authority or political subdivision shall not impose on a video service provider any build-out or other requirements for the construction, placement, or installation of facilities used to provide video services. (c) (1) If a court of competent jurisdiction finds that the holder of a certificate of franchise authority is not in compliance with this subchapter, the court shall order the holder of the certificate of franchise authority to cure the noncompliance within a reasonable time. (2) If the holder of a certificate of franchise authority fails to cure the noncompliance as ordered by a court under subdivision (c)(1) of this section, the court may remedy the noncompliance. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

(a) A video service provider shall not deny access to video service to any group of potential residential subscribers based on the income of the residents in the local area in which such a group resides.

(b) A franchising authority or political subdivision shall not impose on a video service provider any build-out or other requirements for the construction, placement, or installation of facilities used to provide video services.

(c) (1) If a court of competent jurisdiction finds that the holder of a certificate of franchise authority is not in compliance with this subchapter, the court shall order the holder of the certificate of franchise authority to cure the noncompliance within a reasonable time. (2) If the holder of a certificate of franchise authority fails to cure the noncompliance as ordered by a court under subdivision (c)(1) of this section, the court may remedy the noncompliance.

(1) If a court of competent jurisdiction finds that the holder of a certificate of franchise authority is not in compliance with this subchapter, the court shall order the holder of the certificate of franchise authority to cure the noncompliance within a reasonable time.

(2) If the holder of a certificate of franchise authority fails to cure the noncompliance as ordered by a court under subdivision (c)(1) of this section, the court may remedy the noncompliance.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-89-507 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-507
Inspection by insurance company - Change in coverage
Status: in_force

(a) (1) Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one (1) time each calendar year. (2) The operator shall maintain a copy of a report required under subdivision (a)(1) of this section at the site of operation of the amusement attraction or amusement ride, together with proof of insurance coverage. (3) An insurance company insuring an inflatable attraction is not required to perform an inspection of the inflatable attraction. (b) If any insurer insuring an operator shall cancel the coverage of the operator, the insurer shall notify the Director of the Division of Labor of the cancellation at least ten (10) days before the cancellation is effective. (c) The insurer shall immediately notify the director if the cancellation notice is rescinded or coverage is reinstated. (d) If the insurer finds any amusement attraction or amusement ride to be unsafe or cancels the insurance coverage and so notifies the director, then the director shall immediately issue a cease and desist order preventing any operation until written documentation is provided to the director that the amusement attraction or amusement ride has been made safe or insurance coverage has been obtained. (e) Any insurance company or surplus lines insurer failing to comply with this section shall be subject to revocation of its certificate of authority or registration by the Insurance Commissioner, or in lieu of suspension or revocation, a fine assessed by the commissioner of not more than fifty thousand dollars ($50,000). (f) Any employee or contractor of an insurer inspecting amusement rides in Arkansas shall be registered and certified by the Division of Labor pursuant to rule adopted by the director. Amended by Act 2019, No. 315,§ 2765, eff. 7/24/2019. Amended by Act 2019, No. 585,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5512, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5511, eff. 7/1/2019. Acts 1983, No. 837, § 4; A.S.A. 1947, § 66-5904; Acts 1987, No. 839, § 2; 1995, No. 631, § 5; 2001, No. 1365, § 5.

(a) (1) Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one (1) time each calendar year. (2) The operator shall maintain a copy of a report required under subdivision (a)(1) of this section at the site of operation of the amusement attraction or amusement ride, together with proof of insurance coverage. (3) An insurance company insuring an inflatable attraction is not required to perform an inspection of the inflatable attraction.

(1) Except as provided in subdivision (a)(3) of this section, an insurance company insuring an operator of an amusement attraction or amusement ride as required in this subchapter shall inspect the amusement attraction or amusement ride of the insured for safety at least one (1) time each calendar year.

(2) The operator shall maintain a copy of a report required under subdivision (a)(1) of this section at the site of operation of the amusement attraction or amusement ride, together with proof of insurance coverage.

(3) An insurance company insuring an inflatable attraction is not required to perform an inspection of the inflatable attraction.

(b) If any insurer insuring an operator shall cancel the coverage of the operator, the insurer shall notify the Director of the Division of Labor of the cancellation at least ten (10) days before the cancellation is effective.

(c) The insurer shall immediately notify the director if the cancellation notice is rescinded or coverage is reinstated.

(d) If the insurer finds any amusement attraction or amusement ride to be unsafe or cancels the insurance coverage and so notifies the director, then the director shall immediately issue a cease and desist order preventing any operation until written documentation is provided to the director that the amusement attraction or amusement ride has been made safe or insurance coverage has been obtained.

(e) Any insurance company or surplus lines insurer failing to comply with this section shall be subject to revocation of its certificate of authority or registration by the Insurance Commissioner, or in lieu of suspension or revocation, a fine assessed by the commissioner of not more than fifty thousand dollars ($50,000).

(f) Any employee or contractor of an insurer inspecting amusement rides in Arkansas shall be registered and certified by the Division of Labor pursuant to rule adopted by the director.

Amended by Act 2019, No. 315,§ 2765, eff. 7/24/2019.

Amended by Act 2019, No. 585,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5512, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5511, eff. 7/1/2019.

Acts 1983, No. 837, § 4; A.S.A. 1947, § 66-5904; Acts 1987, No. 839, § 2; 1995, No. 631, § 5; 2001, No. 1365, § 5.
Ark. Code Ann. § 23-92-605 — AR Code / Title 23 / Chapter 92 / Subchapter 6 / Section 23-92-605
Pharmacy claims
Status: in_force

All pharmacy claims processed by a pharmacy that participates in 340B drug pricing are final at the point of adjudication. Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.

All pharmacy claims processed by a pharmacy that participates in 340B drug pricing are final at the point of adjudication.

Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-51-180 — AR Code / Title 23 / Chapter 51 / Section 23-51-180
Additional trust offices
Status: in_force

An out-of-state trust institution that maintains a trust office in this state under this chapter may establish or acquire additional trust offices or representative trust offices in this state to the same extent that a state trust institution may establish or acquire additional offices in this state pursuant to the procedures for establishing or acquiring such offices set forth in § 23-51-173 . Acts 1997, No. 940, § 80.

An out-of-state trust institution that maintains a trust office in this state under this chapter may establish or acquire additional trust offices or representative trust offices in this state to the same extent that a state trust institution may establish or acquire additional offices in this state pursuant to the procedures for establishing or acquiring such offices set forth in § 23-51-173 .

Acts 1997, No. 940, § 80.
Ark. Code Ann. § 23-63-1612 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1612
Rating organizations
Status: in_force

A captive insurance company may not be required to join a rating organization. Acts 2001, No. 1391, § 12.

A captive insurance company may not be required to join a rating organization.

Acts 2001, No. 1391, § 12.
Ark. Code Ann. § 23-63-912 — AR Code / Title 23 / Chapter 63 / Subchapter 9 / Section 23-63-912
Duration and release of deposit of life insurance and annuity reserves
Status: in_force

(a) Deposits of assets and securities representing, and at least equal in amount to, the reserves of a domestic life insurer under certain of its life insurance policies and annuity contracts and deposited under § 23-81-130 shall be held as long as the policies and contracts with respect to which the reserves exist are in force. (b) With respect to policies and contracts in force, the applicable portion of the deposit shall not be released, whether or not the policies or contracts have been reinsured or the entire liability thereunder assumed by another insurer or the issuing insurer has become insolvent, subject to delinquency proceedings, or has been dissolved. (c) Upon proof satisfactory to the Insurance Commissioner that certain of the policies or contracts previously in force have lapsed, been surrendered for cash value, matured, or otherwise terminated and that all liabilities of the insurer to policyholders and beneficiaries with respect to those policies or contracts have been fully paid and discharged, the commissioner may release any applicable portion of the deposit if the deposit is then in excess of the amount otherwise required. The commissioner may accept and rely upon records of the insurer as kept, summarized, and reported to him or her in the regular course of its business, as to any such payment and discharge. (d) (1) If the issuing insurer, or any insurer which may have assumed direct liability with respect to any policy or contract, becomes insolvent, the commissioner shall make or cause to be made, pursuant to such reasonable procedure therefor as he or she may deem proper, direct payment to persons entitled thereto under the terms of those policies or contracts of the proportionate interest of the person in the assets and securities then held on deposit, after deducting from the deposit the expenses actually incurred by the commissioner, if any, in making the distribution to the extent that the expenses cannot be met out of the insurer's other assets without diminution of the equity therein of other policyholders, contract holders, and creditors of the insurer. (2) In the event of insolvency, the commissioner shall release to the receiver or rehabilitator of the insurer the excess, if any, of the deposit over the amount thereof necessary to discharge in full the obligations of the insurer as to policies and contracts for which the deposit is so held, together with the reasonable costs and expenses to be incurred by the commissioner in the discharge of the obligations as provided in this subsection. (e) If the issuing or assuming insurer is insolvent, for the purposes of subsection (d) of this section, the commissioner shall accept and rely upon the records of the insurer as to the identity of persons to whom the deposit is payable under policies and annuity contracts and the amount to which respectively entitled. Acts 1959, No. 148, § 143; A.S.A. 1947, § 66-2712.

(a) Deposits of assets and securities representing, and at least equal in amount to, the reserves of a domestic life insurer under certain of its life insurance policies and annuity contracts and deposited under § 23-81-130 shall be held as long as the policies and contracts with respect to which the reserves exist are in force.

(b) With respect to policies and contracts in force, the applicable portion of the deposit shall not be released, whether or not the policies or contracts have been reinsured or the entire liability thereunder assumed by another insurer or the issuing insurer has become insolvent, subject to delinquency proceedings, or has been dissolved.

(c) Upon proof satisfactory to the Insurance Commissioner that certain of the policies or contracts previously in force have lapsed, been surrendered for cash value, matured, or otherwise terminated and that all liabilities of the insurer to policyholders and beneficiaries with respect to those policies or contracts have been fully paid and discharged, the commissioner may release any applicable portion of the deposit if the deposit is then in excess of the amount otherwise required. The commissioner may accept and rely upon records of the insurer as kept, summarized, and reported to him or her in the regular course of its business, as to any such payment and discharge.

(d) (1) If the issuing insurer, or any insurer which may have assumed direct liability with respect to any policy or contract, becomes insolvent, the commissioner shall make or cause to be made, pursuant to such reasonable procedure therefor as he or she may deem proper, direct payment to persons entitled thereto under the terms of those policies or contracts of the proportionate interest of the person in the assets and securities then held on deposit, after deducting from the deposit the expenses actually incurred by the commissioner, if any, in making the distribution to the extent that the expenses cannot be met out of the insurer's other assets without diminution of the equity therein of other policyholders, contract holders, and creditors of the insurer. (2) In the event of insolvency, the commissioner shall release to the receiver or rehabilitator of the insurer the excess, if any, of the deposit over the amount thereof necessary to discharge in full the obligations of the insurer as to policies and contracts for which the deposit is so held, together with the reasonable costs and expenses to be incurred by the commissioner in the discharge of the obligations as provided in this subsection.

(1) If the issuing insurer, or any insurer which may have assumed direct liability with respect to any policy or contract, becomes insolvent, the commissioner shall make or cause to be made, pursuant to such reasonable procedure therefor as he or she may deem proper, direct payment to persons entitled thereto under the terms of those policies or contracts of the proportionate interest of the person in the assets and securities then held on deposit, after deducting from the deposit the expenses actually incurred by the commissioner, if any, in making the distribution to the extent that the expenses cannot be met out of the insurer's other assets without diminution of the equity therein of other policyholders, contract holders, and creditors of the insurer.

(2) In the event of insolvency, the commissioner shall release to the receiver or rehabilitator of the insurer the excess, if any, of the deposit over the amount thereof necessary to discharge in full the obligations of the insurer as to policies and contracts for which the deposit is so held, together with the reasonable costs and expenses to be incurred by the commissioner in the discharge of the obligations as provided in this subsection.

(e) If the issuing or assuming insurer is insolvent, for the purposes of subsection (d) of this section, the commissioner shall accept and rely upon the records of the insurer as to the identity of persons to whom the deposit is payable under policies and annuity contracts and the amount to which respectively entitled.

Acts 1959, No. 148, § 143; A.S.A. 1947, § 66-2712.
Ark. Code Ann. § 23-85-105 — AR Code / Title 23 / Chapter 85 / Section 23-85-105
Required provisions
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, each accident and health policy delivered or issued for delivery to any person in this state shall contain the provisions specified in §§ 23-85-106 - 23-85-117 in the words in which the provisions appear. (2) However, the insurer, at its option, may substitute for one (1) or more of the provisions, corresponding provisions of different wording approved by the Insurance Commissioner that are, in each instance, not less favorable in any respect to the insured or the beneficiary. Each provision shall be preceded individually by the applicable caption shown, or at the option of the insurer, by the appropriate individual or group captions or subcaptions as the commissioner may approve. (3) For the purpose of protecting the public against misrepresentations and misleading representations regarding the benefits provided in any policy of accident and health insurance, the commissioner is directed to prescribe minimum benefit provisions that shall be included in and made a part of every policy of accident and health insurance sold or offered for sale in this state. (b) If any provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from the policy any inapplicable provision or part of a provision and shall modify any inconsistent provision or part of a provision in such manner as to make the provisions, as contained in the policy, consistent with the coverage provided by the policy. Acts 1959, No. 148, § 388; A.S.A. 1947, § 66-3603; Acts 2001, No. 909, § 5.

(a) (1) Except as provided in subsection (b) of this section, each accident and health policy delivered or issued for delivery to any person in this state shall contain the provisions specified in §§ 23-85-106 - 23-85-117 in the words in which the provisions appear. (2) However, the insurer, at its option, may substitute for one (1) or more of the provisions, corresponding provisions of different wording approved by the Insurance Commissioner that are, in each instance, not less favorable in any respect to the insured or the beneficiary. Each provision shall be preceded individually by the applicable caption shown, or at the option of the insurer, by the appropriate individual or group captions or subcaptions as the commissioner may approve. (3) For the purpose of protecting the public against misrepresentations and misleading representations regarding the benefits provided in any policy of accident and health insurance, the commissioner is directed to prescribe minimum benefit provisions that shall be included in and made a part of every policy of accident and health insurance sold or offered for sale in this state.

(1) Except as provided in subsection (b) of this section, each accident and health policy delivered or issued for delivery to any person in this state shall contain the provisions specified in §§ 23-85-106 - 23-85-117 in the words in which the provisions appear.

(2) However, the insurer, at its option, may substitute for one (1) or more of the provisions, corresponding provisions of different wording approved by the Insurance Commissioner that are, in each instance, not less favorable in any respect to the insured or the beneficiary. Each provision shall be preceded individually by the applicable caption shown, or at the option of the insurer, by the appropriate individual or group captions or subcaptions as the commissioner may approve.

(3) For the purpose of protecting the public against misrepresentations and misleading representations regarding the benefits provided in any policy of accident and health insurance, the commissioner is directed to prescribe minimum benefit provisions that shall be included in and made a part of every policy of accident and health insurance sold or offered for sale in this state.

(b) If any provision is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from the policy any inapplicable provision or part of a provision and shall modify any inconsistent provision or part of a provision in such manner as to make the provisions, as contained in the policy, consistent with the coverage provided by the policy.

Acts 1959, No. 148, § 388; A.S.A. 1947, § 66-3603; Acts 2001, No. 909, § 5.
Ark. Code Ann. § 23-65-302 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-302
Exceptions
Status: in_force

This subchapter does not apply to reinsurance or to the following types of insurance when placed by licensed agents or brokers of this state: (1) Wet marine and foreign trade insurance; (2) Insurance on subjects that are: (A) Located, resident, or to be performed outside this state; or (B) On vehicles or aircraft principally garaged outside this state; (3) Insurance on property or operation of railroads engaged in interstate commerce; (4) Accident and health coverage; and (5) Insurance of aircraft: (A) Owned or operated by manufacturers of aircraft; (B) Operated in scheduled interstate flight; (C) Cargo; or (D) Against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of the aircraft. Amended by Act 2021, No. 367,§ 15, eff. 7/28/2021. Acts 1959, No. 148, § 205; A.S.A. 1947, § 66-2925; Acts 2011, No. 1055, § 2.

This subchapter does not apply to reinsurance or to the following types of insurance when placed by licensed agents or brokers of this state:

(1) Wet marine and foreign trade insurance;

(2) Insurance on subjects that are: (A) Located, resident, or to be performed outside this state; or (B) On vehicles or aircraft principally garaged outside this state;

(A) Located, resident, or to be performed outside this state; or

(B) On vehicles or aircraft principally garaged outside this state;

(3) Insurance on property or operation of railroads engaged in interstate commerce;

(4) Accident and health coverage; and

(5) Insurance of aircraft: (A) Owned or operated by manufacturers of aircraft; (B) Operated in scheduled interstate flight; (C) Cargo; or (D) Against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of the aircraft.

(A) Owned or operated by manufacturers of aircraft;

(B) Operated in scheduled interstate flight;

(C) Cargo; or

(D) Against liability, other than workers' compensation and employer's liability, arising out of the ownership, maintenance, or use of the aircraft.

Amended by Act 2021, No. 367,§ 15, eff. 7/28/2021.

Acts 1959, No. 148, § 205; A.S.A. 1947, § 66-2925; Acts 2011, No. 1055, § 2.
Ark. Code Ann. § 23-81-104 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-104
Life insurance - Grace period provision
Status: in_force

(a) There shall be a provision that a grace period of thirty (30) days, or, at the option of the insurer, of one (1) month of not less than thirty (30) days, shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force. (b) However, if a claim arises under the policy during that period of grace, the amount of any premium due or overdue may be deducted from the policy proceeds. Acts 1959, No. 148, § 312; A.S.A. 1947, § 66-3303.

(a) There shall be a provision that a grace period of thirty (30) days, or, at the option of the insurer, of one (1) month of not less than thirty (30) days, shall be allowed within which the payment of any premium after the first may be made, during which period of grace the policy shall continue in full force.

(b) However, if a claim arises under the policy during that period of grace, the amount of any premium due or overdue may be deducted from the policy proceeds.

Acts 1959, No. 148, § 312; A.S.A. 1947, § 66-3303.
Ark. Code Ann. § 23-114-601 — AR Code / Title 23 / Chapter 114 / Subchapter 6 / Section 23-114-601
Tax levied
Status: in_force

(a) There is levied an excise tax of three-tenths of one cent (0.3¢) upon the sale of each bingo face sold by a licensed distributor to a licensed authorized organization in this state. (b) Items taxed under subsection (a) of this section shall be exempt from the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 2007, No. 388, § 1; 2009, No. 499, § 10.

(a) There is levied an excise tax of three-tenths of one cent (0.3¢) upon the sale of each bingo face sold by a licensed distributor to a licensed authorized organization in this state.

(b) Items taxed under subsection (a) of this section shall be exempt from the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 2007, No. 388, § 1; 2009, No. 499, § 10.
Ark. Code Ann. § 23-115-612 — AR Code / Title 23 / Chapter 115 / Subchapter 6 / Section 23-115-612
Authority to promulgate rules
Status: in_force

The Office of the Arkansas Lottery may promulgate rules necessary for the implementation and enforcement of this subchapter. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 1405, § 44.

The Office of the Arkansas Lottery may promulgate rules necessary for the implementation and enforcement of this subchapter.

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

Acts 2009, No. 1405, § 44.
Ark. Code Ann. § 23-38-210 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 11; 1931, No. 60, § 1; 1935, No. 40, § 1; Pope's Dig., § 985; Acts 1939, No. 343, § 2; 1955, No. 149, § 2; A.S.A. 1947, § 67-830.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 11; 1931, No. 60, § 1; 1935, No. 40, § 1; Pope's Dig., § 985; Acts 1939, No. 343, § 2; 1955, No. 149, § 2; A.S.A. 1947, § 67-830.
Ark. Code Ann. § 23-70-104 — AR Code / Title 23 / Chapter 70 / Section 23-70-104
Name used in suits
Status: in_force

A reciprocal insurer shall: (1) Have and use a business name. The name shall include the word "reciprocal", "interinsurer", "interinsurance", "exchange", "underwriters", or "underwriting"; and (2) Sue and be sued in its own name. Acts 1959, No. 148, § 514; A.S.A. 1947, § 66-4305.

A reciprocal insurer shall:

(1) Have and use a business name. The name shall include the word "reciprocal", "interinsurer", "interinsurance", "exchange", "underwriters", or "underwriting"; and

(2) Sue and be sued in its own name.

Acts 1959, No. 148, § 514; A.S.A. 1947, § 66-4305.
Ark. Code Ann. § 23-16-404 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-404
[Repealed]
Status: repealed

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

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

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-12-1003 — AR Code / Title 23 / Chapter 12 / Subchapter 10 / Section 23-12-1003
Maintenance of crossings of public roads and railroads - Failure to comply - Penalties
Status: in_force

The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad. Acts 1993, No. 726, § 3.

The State Highway Commission is hereby designated as the sole public body to deal with and is hereby given exclusive jurisdiction over all matters pertaining to the maintenance of any location where any railroad crosses any public road, highway, or street in this state or where any public road, highway, or street crosses any railroad.

Acts 1993, No. 726, § 3.
Ark. Code Ann. § 23-40-107 — AR Code / Title 23 / Chapter 40 / Section 23-40-107
Division of Prepaid Funeral Benefits - State Insurance Department Prepaid Trust Fund
Status: in_force

(a) The Insurance Commissioner shall be responsible for the regulation of the sale of prepaid funeral benefits, and there is hereby established the Division of Prepaid Funeral Benefits within the State Insurance Department. This division shall be funded annually by the fees required to be paid by organizations subject to this chapter, which shall be placed in trust and disbursed pursuant to this chapter. (b) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Prepaid Trust Fund" to be used to pay the expenses of the State Insurance Department in the discharge of its regulation of prepaid funeral benefits contracts. (c) No money shall be appropriated from this fund for any purpose other than to pay for personal services, operating expenses, maintenance and operations, and support of and improvements to the division, except as provided in § 23-40-119(f) . (d) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State. (e) All income derived through the investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund. (f) All income derived through grants, refunds, and gifts to the fund shall be credited as income to the fund. (g) All moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as provided in this chapter. (h) All fees required to be paid by licensees pursuant to this chapter shall be deposited into the fund for the support, operation, and maintenance of the division and, when paid into the State Treasury by the commissioner, shall be maintained by the Treasurer of State as the State Insurance Department Prepaid Trust Fund, separate from all other funds, and available only for the payment of the expenses of the division, except as provided in § 23-40-119(f) . (i) Upon proper voucher from the commissioner, the Auditor of State shall issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred by the division, or for any reparations awarded under § 23-40-119(f) in the administration of this chapter. (j) However, as needed, the commissioner shall transfer from the State Insurance Department Prepaid Trust Fund to the Prepaid Funeral Contracts Recovery Program Fund a sum or sums sufficient to administer and provide reparations to persons as provided under § 23-40-119(d)(1)(A) and (f)(1) . Acts 1995, No. 852, § 12; 1997, No. 372, § 4; Acts 1999, No. 1249, § 2; 2001, No. 1043, § 2.

(a) The Insurance Commissioner shall be responsible for the regulation of the sale of prepaid funeral benefits, and there is hereby established the Division of Prepaid Funeral Benefits within the State Insurance Department. This division shall be funded annually by the fees required to be paid by organizations subject to this chapter, which shall be placed in trust and disbursed pursuant to this chapter.

(b) There is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Prepaid Trust Fund" to be used to pay the expenses of the State Insurance Department in the discharge of its regulation of prepaid funeral benefits contracts.

(c) No money shall be appropriated from this fund for any purpose other than to pay for personal services, operating expenses, maintenance and operations, and support of and improvements to the division, except as provided in § 23-40-119(f) .

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

(e) All income derived through the investment of the fund, including, but not limited to, interest and dividends, shall be credited as investment income to the fund.

(f) All income derived through grants, refunds, and gifts to the fund shall be credited as income to the fund.

(g) All moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment, except as provided in this chapter.

(h) All fees required to be paid by licensees pursuant to this chapter shall be deposited into the fund for the support, operation, and maintenance of the division and, when paid into the State Treasury by the commissioner, shall be maintained by the Treasurer of State as the State Insurance Department Prepaid Trust Fund, separate from all other funds, and available only for the payment of the expenses of the division, except as provided in § 23-40-119(f) .

(i) Upon proper voucher from the commissioner, the Auditor of State shall issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred by the division, or for any reparations awarded under § 23-40-119(f) in the administration of this chapter.

(j) However, as needed, the commissioner shall transfer from the State Insurance Department Prepaid Trust Fund to the Prepaid Funeral Contracts Recovery Program Fund a sum or sums sufficient to administer and provide reparations to persons as provided under § 23-40-119(d)(1)(A) and (f)(1) .

Acts 1995, No. 852, § 12; 1997, No. 372, § 4; Acts 1999, No. 1249, § 2; 2001, No. 1043, § 2.
Ark. Code Ann. § 23-4-906 — AR Code / Title 23 / Chapter 4 / Subchapter 9 / Section 23-4-906
Petition to declare co-op subject to rate case procedures
Status: in_force

In addition to the procedure for petition prior to any proposed change in rates and charges pursuant to §§ 23-4-903 and 23-4-905 , the member-consumers of a co-op may at any time petition the Arkansas Public Service Commission to declare the co-op subject to rate case procedures. If the commission determines that at least fifty-one percent (51%) of the member-consumers of a co-op have properly petitioned that the co-op be subject to rate case procedures, the commission shall certify that fact to the co-op. Thereafter, the co-op shall be subject to rate case procedures by the commission until at least fifty-one percent (51%) of the member-consumers of the co-op properly petition, in the manner prescribed in § 23-4-904 , that the co-op shall no longer be subject to rate case procedures by the commission. Acts 1987, No. 821, § 5.

In addition to the procedure for petition prior to any proposed change in rates and charges pursuant to §§ 23-4-903 and 23-4-905 , the member-consumers of a co-op may at any time petition the Arkansas Public Service Commission to declare the co-op subject to rate case procedures. If the commission determines that at least fifty-one percent (51%) of the member-consumers of a co-op have properly petitioned that the co-op be subject to rate case procedures, the commission shall certify that fact to the co-op. Thereafter, the co-op shall be subject to rate case procedures by the commission until at least fifty-one percent (51%) of the member-consumers of the co-op properly petition, in the manner prescribed in § 23-4-904 , that the co-op shall no longer be subject to rate case procedures by the commission.

Acts 1987, No. 821, § 5.
Ark. Code Ann. § 23-51-179 — AR Code / Title 23 / Chapter 51 / Section 23-51-179
Conditions for approval
Status: in_force

(a) No trust office of an out-of-state trust institution may be acquired or established in this state under this chapter unless: (1) The out-of-state trust institution shall have confirmed in writing to the Bank Commissioner that for as long as it maintains a trust office in this state, it will comply with all applicable laws of this state; (2) The notificant shall have provided satisfactory evidence to the commissioner of compliance with any applicable requirements of § 4-27-1501 et seq. and the applicable requirements of its home state regulator for acquiring or establishing and maintaining the office; (3) The commissioner, acting within sixty (60) days after receiving notice under § 23-51-178 , shall have certified to the home state regulator that the requirements of this chapter have been met and the notice has been approved or, if applicable, that any conditions imposed by the commissioner pursuant to subsection (b) of this section have been satisfied. (b) The out-of-state trust institution may commence business at the trust office sixty (60) days after the date the commissioner receives the notice unless the commissioner specifies another date, provided, with respect to an out-of-state trust institution that is not a depository institution and for which the commissioner shall have conditioned such approval on the satisfaction by the notificant of any requirement applicable to a state trust company pursuant to § 23-51-106(b) or § 23-51-110 , the institution shall have satisfied such conditions and provided to the commissioner satisfactory evidence thereof. (c) The sixty-day period of review may be extended by the commissioner on a determination that the written notice raises issues that require additional information or additional time for analysis. If the period of review is extended, the out-of-state trust institution may establish the office only on prior written approval by the commissioner. (d) The commissioner may deny approval of the office if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed office is contrary to the public interest. In acting on the notice, the commissioner shall consider the views of the appropriate bank supervisory agencies. Acts 1997, No. 940, § 79.

(a) No trust office of an out-of-state trust institution may be acquired or established in this state under this chapter unless: (1) The out-of-state trust institution shall have confirmed in writing to the Bank Commissioner that for as long as it maintains a trust office in this state, it will comply with all applicable laws of this state; (2) The notificant shall have provided satisfactory evidence to the commissioner of compliance with any applicable requirements of § 4-27-1501 et seq. and the applicable requirements of its home state regulator for acquiring or establishing and maintaining the office; (3) The commissioner, acting within sixty (60) days after receiving notice under § 23-51-178 , shall have certified to the home state regulator that the requirements of this chapter have been met and the notice has been approved or, if applicable, that any conditions imposed by the commissioner pursuant to subsection (b) of this section have been satisfied.

(1) The out-of-state trust institution shall have confirmed in writing to the Bank Commissioner that for as long as it maintains a trust office in this state, it will comply with all applicable laws of this state;

(2) The notificant shall have provided satisfactory evidence to the commissioner of compliance with any applicable requirements of § 4-27-1501 et seq. and the applicable requirements of its home state regulator for acquiring or establishing and maintaining the office;

(3) The commissioner, acting within sixty (60) days after receiving notice under § 23-51-178 , shall have certified to the home state regulator that the requirements of this chapter have been met and the notice has been approved or, if applicable, that any conditions imposed by the commissioner pursuant to subsection (b) of this section have been satisfied.

(b) The out-of-state trust institution may commence business at the trust office sixty (60) days after the date the commissioner receives the notice unless the commissioner specifies another date, provided, with respect to an out-of-state trust institution that is not a depository institution and for which the commissioner shall have conditioned such approval on the satisfaction by the notificant of any requirement applicable to a state trust company pursuant to § 23-51-106(b) or § 23-51-110 , the institution shall have satisfied such conditions and provided to the commissioner satisfactory evidence thereof.

(c) The sixty-day period of review may be extended by the commissioner on a determination that the written notice raises issues that require additional information or additional time for analysis. If the period of review is extended, the out-of-state trust institution may establish the office only on prior written approval by the commissioner.

(d) The commissioner may deny approval of the office if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed office is contrary to the public interest. In acting on the notice, the commissioner shall consider the views of the appropriate bank supervisory agencies.

Acts 1997, No. 940, § 79.
Ark. Code Ann. § 23-18-328 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-328
Taxation
Status: in_force

Electric cooperative corporations organized and formed pursuant to this subchapter shall be subject to the provisions of the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 1969, No. 119, § 2; A.S.A. 1947, § 77-1130.1.

Electric cooperative corporations organized and formed pursuant to this subchapter shall be subject to the provisions of the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 1969, No. 119, § 2; A.S.A. 1947, § 77-1130.1.
Ark. Code Ann. § 23-10-305 — AR Code / Title 23 / Chapter 10 / Subchapter 3 / Section 23-10-305
Goods damaged in transit - Express companies
Status: in_force

(a) All express companies organized or doing business under the laws of the State of Arkansas shall settle in twenty (20) days with the owner of goods, after notice has been given them, for the damages or loss of goods incurred in transit on the lines of the express companies. Notice to any local agent whose duty it is to report to any of the general offices shall be sufficient notice. (b) Any express company, as mentioned in subsection (a) of this section, which fails or refuses to pay for the damages or loss of goods within twenty (20) days after notice is given, as mentioned, shall be liable in damages to the owner of the goods to the amount of damage sustained or lost. Acts 1905, No. 250, §§ 1, 2, p. 659; C. & M. Dig., §§ 936, 937; Pope's Dig., §§ 1140, 1141; A.S.A. 1947, §§ 73-1353, 73-1354.

(a) All express companies organized or doing business under the laws of the State of Arkansas shall settle in twenty (20) days with the owner of goods, after notice has been given them, for the damages or loss of goods incurred in transit on the lines of the express companies. Notice to any local agent whose duty it is to report to any of the general offices shall be sufficient notice.

(b) Any express company, as mentioned in subsection (a) of this section, which fails or refuses to pay for the damages or loss of goods within twenty (20) days after notice is given, as mentioned, shall be liable in damages to the owner of the goods to the amount of damage sustained or lost.

Acts 1905, No. 250, §§ 1, 2, p. 659; C. & M. Dig., §§ 936, 937; Pope's Dig., §§ 1140, 1141; A.S.A. 1947, §§ 73-1353, 73-1354.
Ark. Code Ann. § 23-69-101 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-101
Scope
Status: in_force

Sections 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 shall apply only to domestic stock insurers and domestic mutual insurers transacting, or proposing to transact, insurance on the legal reserve plan. Acts 1959, No. 148, § 453; A.S.A. 1947, § 66-4201.

Sections 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 shall apply only to domestic stock insurers and domestic mutual insurers transacting, or proposing to transact, insurance on the legal reserve plan.

Acts 1959, No. 148, § 453; A.S.A. 1947, § 66-4201.
Ark. Code Ann. § 23-63-809 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-809
Municipal or county utilities
Status: in_force

An insurer may invest in bonds, notes, or evidences of indebtedness of any municipal or county utility within the United States or Canada, which are payable from revenues or earnings specifically pledged for the payment of the principal and interest on the obligations, and for the payment of which a lawful sinking fund or reserve fund has been established and is being maintained, but only if no default in payment of principal or interest on the obligations to be purchased has occurred within five (5) years of the investment. Acts 1959, No. 148, § 105; A.S.A. 1947, § 66-2609.

An insurer may invest in bonds, notes, or evidences of indebtedness of any municipal or county utility within the United States or Canada, which are payable from revenues or earnings specifically pledged for the payment of the principal and interest on the obligations, and for the payment of which a lawful sinking fund or reserve fund has been established and is being maintained, but only if no default in payment of principal or interest on the obligations to be purchased has occurred within five (5) years of the investment.

Acts 1959, No. 148, § 105; A.S.A. 1947, § 66-2609.
Ark. Code Ann. § 23-88-507 — AR Code / Title 23 / Chapter 88 / Subchapter 5 / Section 23-88-507
Application for license and fees
Status: in_force

(a) (1) An application for licensure under this subchapter shall be made to and filed with the Insurance Commissioner on forms prescribed and furnished by the State Insurance Department. (2) The application for licensure under this subchapter shall: (A) (i) Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter. (ii) If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law; (B) (i) Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant. (ii) The appointment under subdivision (a)(2)(B)(i) of this section shall: (a) Be irrevocable; (b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and (c) Remain in effect as long as the applicant's licensure remains in force in this state; and (C) Provide the location of the applicant's principal place of business or home office. (b) Applications for licensure under this subchapter shall be submitted within ninety (90) days of the application forms' being made available by the commissioner. (c) An initial license issued under this subchapter shall be valid for a period of twenty-four (24) months. (d) (1) A vendor of portable electronics applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee of one thousand dollars ($1,000); and (B) A renewal license fee of five hundred dollars ($500). (2) However, a vendor that is engaged in portable electronics transactions at ten (10) or fewer locations in the state applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee not to exceed one hundred dollars ($100); and (B) A renewal license fee not to exceed one hundred dollars ($100). Acts 2011, No. 1018, § 1.

(a) (1) An application for licensure under this subchapter shall be made to and filed with the Insurance Commissioner on forms prescribed and furnished by the State Insurance Department. (2) The application for licensure under this subchapter shall: (A) (i) Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter. (ii) If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law; (B) (i) Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant. (ii) The appointment under subdivision (a)(2)(B)(i) of this section shall: (a) Be irrevocable; (b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and (c) Remain in effect as long as the applicant's licensure remains in force in this state; and (C) Provide the location of the applicant's principal place of business or home office.

(1) An application for licensure under this subchapter shall be made to and filed with the Insurance Commissioner on forms prescribed and furnished by the State Insurance Department.

(2) The application for licensure under this subchapter shall: (A) (i) Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter. (ii) If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law; (B) (i) Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant. (ii) The appointment under subdivision (a)(2)(B)(i) of this section shall: (a) Be irrevocable; (b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and (c) Remain in effect as long as the applicant's licensure remains in force in this state; and (C) Provide the location of the applicant's principal place of business or home office.

(A) (i) Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter. (ii) If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law;

(i) Provide the name, residence address, and other information required by the commissioner for an employee or authorized representative of the vendor designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subchapter.

(ii) If the vendor derives more than fifty percent (50%) of its revenue from the sale of portable electronics insurance, the information required in subdivision (a)(2)(A)(i) of this section shall be provided for all officers, directors, and shareholders of record that have beneficial ownership of ten percent (10%) or more of any class of securities registered under the federal securities law;

(B) (i) Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant. (ii) The appointment under subdivision (a)(2)(B)(i) of this section shall: (a) Be irrevocable; (b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and (c) Remain in effect as long as the applicant's licensure remains in force in this state; and

(i) Appoint the commissioner as authorized to receive service on behalf of the applicant for any legal process issued against it in a civil action or proceeding in this state brought in connection with portable electronics insurance coverage and agree that process of the commissioner shall be valid and binding against the applicant.

(ii) The appointment under subdivision (a)(2)(B)(i) of this section shall: (a) Be irrevocable; (b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and (c) Remain in effect as long as the applicant's licensure remains in force in this state; and

(a) Be irrevocable;

(b) Bind the applicant and any successor in interest as to the assets or liabilities of the applicant; and

(c) Remain in effect as long as the applicant's licensure remains in force in this state; and

(C) Provide the location of the applicant's principal place of business or home office.

(b) Applications for licensure under this subchapter shall be submitted within ninety (90) days of the application forms' being made available by the commissioner.

(c) An initial license issued under this subchapter shall be valid for a period of twenty-four (24) months.

(d) (1) A vendor of portable electronics applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee of one thousand dollars ($1,000); and (B) A renewal license fee of five hundred dollars ($500). (2) However, a vendor that is engaged in portable electronics transactions at ten (10) or fewer locations in the state applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee not to exceed one hundred dollars ($100); and (B) A renewal license fee not to exceed one hundred dollars ($100).

(1) A vendor of portable electronics applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee of one thousand dollars ($1,000); and (B) A renewal license fee of five hundred dollars ($500).

(A) A nonrefundable application and license fee of one thousand dollars ($1,000); and

(B) A renewal license fee of five hundred dollars ($500).

(2) However, a vendor that is engaged in portable electronics transactions at ten (10) or fewer locations in the state applying for a limited lines license under this subchapter shall pay to the commissioner: (A) A nonrefundable application and license fee not to exceed one hundred dollars ($100); and (B) A renewal license fee not to exceed one hundred dollars ($100).

(A) A nonrefundable application and license fee not to exceed one hundred dollars ($100); and

(B) A renewal license fee not to exceed one hundred dollars ($100).

Acts 2011, No. 1018, § 1.
Ark. Code Ann. § 23-111-205 — AR Code / Title 23 / Chapter 111 / Subchapter 2 / Section 23-111-205
Hearings
Status: in_force

(a) (1) In the event any franchise holder or person is aggrieved by any action of the Arkansas Racing Commission, he or she shall be entitled to a hearing by the commission. (2) (A) The hearing shall be held at such place in the State of Arkansas and at such time as the commission may designate. (B) Notice shall be served on the party affected by mailing the notice of the time and place that the hearing will be held by registered or certified United States mail to the party affected. (3) In conducting the hearing, the commission shall not be bound by technical rules of evidence. (4) Any party affected in the hearing may be represented by counsel and shall have the right to introduce evidence, and the commission may in its discretion likewise be represented by counsel at the hearing. The counsel shall participate in the conduct of the hearing for and on behalf of the commission. (b) (1) For purposes of conducting a hearing, the commission shall have the power to administer oaths, issue subpoenas, and compel the attendance and testimony of witnesses. (2) Any person who has been served with a subpoena to appear and testify issued by the commission in the course of an inquiry or hearing conducted under the provisions of this chapter and who shall refuse and neglect to appear or testify relative to the hearing as commanded in the subpoena shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (3) In connection with any hearing, the commission or the aggrieved may cause the deposition of witnesses within or without the state to be taken in the manner prescribed by existing statutes for the taking of depositions in this state. (c) All hearings shall be held before at least three (3) members of the commission, and the concurrence of at least three (3) members of the commission shall be necessary for any finding or order. (d) At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission. The findings and order shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court. Acts 1957, No. 191, § 15; 1965, No. 176, § 4; A.S.A. 1947, § 84-2830; Acts 2005, No. 1994, § 157.

(a) (1) In the event any franchise holder or person is aggrieved by any action of the Arkansas Racing Commission, he or she shall be entitled to a hearing by the commission. (2) (A) The hearing shall be held at such place in the State of Arkansas and at such time as the commission may designate. (B) Notice shall be served on the party affected by mailing the notice of the time and place that the hearing will be held by registered or certified United States mail to the party affected. (3) In conducting the hearing, the commission shall not be bound by technical rules of evidence. (4) Any party affected in the hearing may be represented by counsel and shall have the right to introduce evidence, and the commission may in its discretion likewise be represented by counsel at the hearing. The counsel shall participate in the conduct of the hearing for and on behalf of the commission.

(1) In the event any franchise holder or person is aggrieved by any action of the Arkansas Racing Commission, he or she shall be entitled to a hearing by the commission.

(2) (A) The hearing shall be held at such place in the State of Arkansas and at such time as the commission may designate. (B) Notice shall be served on the party affected by mailing the notice of the time and place that the hearing will be held by registered or certified United States mail to the party affected.

(A) The hearing shall be held at such place in the State of Arkansas and at such time as the commission may designate.

(B) Notice shall be served on the party affected by mailing the notice of the time and place that the hearing will be held by registered or certified United States mail to the party affected.

(3) In conducting the hearing, the commission shall not be bound by technical rules of evidence.

(4) Any party affected in the hearing may be represented by counsel and shall have the right to introduce evidence, and the commission may in its discretion likewise be represented by counsel at the hearing. The counsel shall participate in the conduct of the hearing for and on behalf of the commission.

(b) (1) For purposes of conducting a hearing, the commission shall have the power to administer oaths, issue subpoenas, and compel the attendance and testimony of witnesses. (2) Any person who has been served with a subpoena to appear and testify issued by the commission in the course of an inquiry or hearing conducted under the provisions of this chapter and who shall refuse and neglect to appear or testify relative to the hearing as commanded in the subpoena shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (3) In connection with any hearing, the commission or the aggrieved may cause the deposition of witnesses within or without the state to be taken in the manner prescribed by existing statutes for the taking of depositions in this state.

(1) For purposes of conducting a hearing, the commission shall have the power to administer oaths, issue subpoenas, and compel the attendance and testimony of witnesses.

(2) Any person who has been served with a subpoena to appear and testify issued by the commission in the course of an inquiry or hearing conducted under the provisions of this chapter and who shall refuse and neglect to appear or testify relative to the hearing as commanded in the subpoena shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

(3) In connection with any hearing, the commission or the aggrieved may cause the deposition of witnesses within or without the state to be taken in the manner prescribed by existing statutes for the taking of depositions in this state.

(c) All hearings shall be held before at least three (3) members of the commission, and the concurrence of at least three (3) members of the commission shall be necessary for any finding or order.

(d) At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission. The findings and order shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court.

Acts 1957, No. 191, § 15; 1965, No. 176, § 4; A.S.A. 1947, § 84-2830; Acts 2005, No. 1994, § 157.
Ark. Code Ann. § 23-4-102 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-102
Commission's authority over interstate rates, charges, classifications, and other actions
Status: in_force

(a) The Arkansas Public Service Commission shall have the power to investigate all existing or proposed interstate rates, charges, and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in § 23-1-101 , when the matters so investigated shall affect the public of this state. (b) When the existing or proposed interstate rates, charges, and classifications are in the opinion of the Arkansas Public Service Commission excessive or discriminatory or in violation of any act of the United States Congress or in conflict with the rules, orders, or regulations of a commission created by the United States Congress, the Arkansas Public Service Commission may seek relief in the appropriate commission or in a court of competent jurisdiction. (c) For the purpose of this section, the Arkansas Public Service Commission: (1) Is exempt from the provisions of § 25-16-702 whenever the Arkansas Public Service Commission is a party to a proceeding under subsection (b) of this section; (2) May retain contract attorneys or contract consultants; and (3) (A) (i) May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58. (ii) The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year. (B) (i) In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility. (ii) The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year. (iii) The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges. (iv) Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented. Amended by Act 2023, No. 560,§ 1, eff. 8/1/2023. Acts 1935, No. 324, § 9; Pope's Dig., § 2072; A.S.A. 1947, § 73-203; Acts 2007, No. 647, § 1.

(a) The Arkansas Public Service Commission shall have the power to investigate all existing or proposed interstate rates, charges, and classifications, and all rules and practices in relation thereto promulgated and prescribed by or for any public utility as defined in § 23-1-101 , when the matters so investigated shall affect the public of this state.

(b) When the existing or proposed interstate rates, charges, and classifications are in the opinion of the Arkansas Public Service Commission excessive or discriminatory or in violation of any act of the United States Congress or in conflict with the rules, orders, or regulations of a commission created by the United States Congress, the Arkansas Public Service Commission may seek relief in the appropriate commission or in a court of competent jurisdiction.

(c) For the purpose of this section, the Arkansas Public Service Commission: (1) Is exempt from the provisions of § 25-16-702 whenever the Arkansas Public Service Commission is a party to a proceeding under subsection (b) of this section; (2) May retain contract attorneys or contract consultants; and (3) (A) (i) May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58. (ii) The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year. (B) (i) In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility. (ii) The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year. (iii) The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges. (iv) Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented.

(1) Is exempt from the provisions of § 25-16-702 whenever the Arkansas Public Service Commission is a party to a proceeding under subsection (b) of this section;

(2) May retain contract attorneys or contract consultants; and

(3) (A) (i) May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58. (ii) The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year. (B) (i) In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility. (ii) The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year. (iii) The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges. (iv) Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented.

(A) (i) May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58. (ii) The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year.

(i) May adopt rules for direct recovery of the fees and expenses of contract attorneys and consultants from the affected utility under this section, provided that the utility is an electric public utility that is owned by a public utility holding company as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58.

(ii) The maximum amount that may be directly recovered from an affected utility shall be five million dollars ($5,000,000) per calendar year.

(B) (i) In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility. (ii) The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year. (iii) The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges. (iv) Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented.

(i) In the event the Arkansas Public Service Commission directly recovers the fees and expenses of its attorneys and consultants from an affected utility under this section, that utility shall be allowed to implement a surcharge mechanism to recover only the expenses directly recovered from that utility.

(ii) The surcharge shall be established annually to recover only the amounts directly recovered from that utility during the preceding calendar year.

(iii) The surcharge mechanism shall include provisions to address any excessive or deficient recoveries during the preceding calendar year. The surcharge shall not include any interest or carrying charges.

(iv) Any surcharge must be approved by the Arkansas Public Service Commission before it can be implemented.

Amended by Act 2023, No. 560,§ 1, eff. 8/1/2023.

Acts 1935, No. 324, § 9; Pope's Dig., § 2072; A.S.A. 1947, § 73-203; Acts 2007, No. 647, § 1.
Ark. Code Ann. § 23-68-104 — AR Code / Title 23 / Chapter 68 / Section 23-68-104
Commencement of delinquency proceedings
Status: in_force

The Insurance Commissioner shall commence any such proceedings by application to the court for an order directing the insurer to show cause why the commissioner should not have the relief prayed for. On the return of such order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members, subscribers, or the public may require. Acts 1959, No. 148, § 640; A.S.A. 1947, § 66-4803.

The Insurance Commissioner shall commence any such proceedings by application to the court for an order directing the insurer to show cause why the commissioner should not have the relief prayed for. On the return of such order to show cause, and after a full hearing, the court shall either deny the application or grant the application, together with such other relief as the nature of the case and the interests of the policyholders, creditors, stockholders, members, subscribers, or the public may require.

Acts 1959, No. 148, § 640; A.S.A. 1947, § 66-4803.
Ark. Code Ann. § 23-51-182 — AR Code / Title 23 / Chapter 51 / Section 23-51-182
Enforcement
Status: in_force

(a) (1) Consistent with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., after notice and opportunity for hearing, the Bank Commissioner may determine: (A) That an office maintained by an out-of-state trust institution in this state is being operated in violation of any provision of the laws of this state or in an unsafe and unsound manner; or (B) That a company is engaged in an unauthorized trust activity (2) In either event, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the office or the company were a state trust company, including but not limited to issuing an order temporarily or permanently prohibiting the company from engaging in a trust business in this state. (b) In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any action permitted by subsection (a) of this section without notice or opportunity for hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken. The commissioner shall promptly give notice to the home state regulator of each enforcement action taken against an out-of-state trust institution and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving the enforcement action. Acts 1997, No. 940, § 82.

(a) (1) Consistent with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., after notice and opportunity for hearing, the Bank Commissioner may determine: (A) That an office maintained by an out-of-state trust institution in this state is being operated in violation of any provision of the laws of this state or in an unsafe and unsound manner; or (B) That a company is engaged in an unauthorized trust activity (2) In either event, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the office or the company were a state trust company, including but not limited to issuing an order temporarily or permanently prohibiting the company from engaging in a trust business in this state.

(1) Consistent with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., after notice and opportunity for hearing, the Bank Commissioner may determine: (A) That an office maintained by an out-of-state trust institution in this state is being operated in violation of any provision of the laws of this state or in an unsafe and unsound manner; or (B) That a company is engaged in an unauthorized trust activity

(A) That an office maintained by an out-of-state trust institution in this state is being operated in violation of any provision of the laws of this state or in an unsafe and unsound manner; or

(B) That a company is engaged in an unauthorized trust activity

(2) In either event, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the office or the company were a state trust company, including but not limited to issuing an order temporarily or permanently prohibiting the company from engaging in a trust business in this state.

(b) In cases involving extraordinary circumstances requiring immediate action, the commissioner may take any action permitted by subsection (a) of this section without notice or opportunity for hearing, but shall promptly afford a subsequent hearing upon an application to rescind the action taken. The commissioner shall promptly give notice to the home state regulator of each enforcement action taken against an out-of-state trust institution and, to the extent practicable, shall consult and cooperate with the home state regulator in pursuing and resolving the enforcement action.

Acts 1997, No. 940, § 82.
Ark. Code Ann. § 23-81-136 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-136
Registered life insurance policies and annuity contracts - Deficiency of deposit
Status: in_force

(a) If at any time the value of the securities and assets held on deposit as to a particular insurer under § 23-81-130 is less than the actual value of the registered policies and annuity bonds or contracts issued by the insurer and then in force, the Insurance Commissioner shall not execute the certificate on any additional policies, annuity bonds, or contracts of the insurer until it shall have made good the deficit. (b) In the event of any deficiency in its deposit, the insurer shall also be subject to the provisions of § 23-63-910(b) . Acts 1959, No. 148, § 343; A.S.A. 1947, § 66-3334.

(a) If at any time the value of the securities and assets held on deposit as to a particular insurer under § 23-81-130 is less than the actual value of the registered policies and annuity bonds or contracts issued by the insurer and then in force, the Insurance Commissioner shall not execute the certificate on any additional policies, annuity bonds, or contracts of the insurer until it shall have made good the deficit.

(b) In the event of any deficiency in its deposit, the insurer shall also be subject to the provisions of § 23-63-910(b) .

Acts 1959, No. 148, § 343; A.S.A. 1947, § 66-3334.
Ark. Code Ann. § 23-51-124 — AR Code / Title 23 / Chapter 51 / Section 23-51-124
Transactions in state trust company shares
Status: in_force

(a) A state trust company may acquire its own shares if: (1) The amount of its undivided profits is sufficient to fully absorb the acquisition of the shares under regulatory accounting principles; and (2) The state trust company obtains the prior written approval of the Bank Commissioner. (b) A state trust company shall not make loans upon the security of its own shares. Acts 1997, No. 940, § 24.

(a) A state trust company may acquire its own shares if: (1) The amount of its undivided profits is sufficient to fully absorb the acquisition of the shares under regulatory accounting principles; and (2) The state trust company obtains the prior written approval of the Bank Commissioner.

(1) The amount of its undivided profits is sufficient to fully absorb the acquisition of the shares under regulatory accounting principles; and

(2) The state trust company obtains the prior written approval of the Bank Commissioner.

(b) A state trust company shall not make loans upon the security of its own shares.

Acts 1997, No. 940, § 24.
Ark. Code Ann. § 23-81-102 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-102
Scope
Status: in_force

(a) This section, §§ 23-81-101 , 23-81-103 - 23-81-117 , 23-81-120 - 23-81-136 , and the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq., apply to contracts of life insurance and annuities, other than reinsurance, group life insurance, group annuities, and industrial life insurance. (b) However, the following statutes shall also apply to industrial life insurance: (1) Section 23-81-114 , excluded or restricted coverage; (2) Section 23-81-115 , limitation of liability; (3) Section 23-81-129 , incontestability after reinstatement; (4) Section 23-81-120 , prohibited policy plans; and (5) The Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq. Acts 1959, No. 148, § 310; A.S.A. 1947, § 66-3301.

(a) This section, §§ 23-81-101 , 23-81-103 - 23-81-117 , 23-81-120 - 23-81-136 , and the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq., apply to contracts of life insurance and annuities, other than reinsurance, group life insurance, group annuities, and industrial life insurance.

(b) However, the following statutes shall also apply to industrial life insurance: (1) Section 23-81-114 , excluded or restricted coverage; (2) Section 23-81-115 , limitation of liability; (3) Section 23-81-129 , incontestability after reinstatement; (4) Section 23-81-120 , prohibited policy plans; and (5) The Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

(1) Section 23-81-114 , excluded or restricted coverage;

(2) Section 23-81-115 , limitation of liability;

(3) Section 23-81-129 , incontestability after reinstatement;

(4) Section 23-81-120 , prohibited policy plans; and

(5) The Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

Acts 1959, No. 148, § 310; A.S.A. 1947, § 66-3301.
Ark. Code Ann. § 23-38-302 — AR Code / Title 23 / Chapter 38 / Subchapter 3 / Section 23-38-302
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 23; Pope's Dig., § 999; A.S.A. 1947, § 67-849.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 23; Pope's Dig., § 999; A.S.A. 1947, § 67-849.
Ark. Code Ann. § 23-114-405 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-405
Raffle and bingo records
Status: in_force

(a) (1) A licensed authorized organization shall provide to the Secretary of the Department of Finance and Administration at the time of application for license the address of its primary business office. (2) If the licensed authorized organization maintains its raffle and bingo records at a location other than the primary business office, the licensed authorized organization shall provide the address of the location where the records are maintained. (b) Bingo and raffle records shall be maintained in Arkansas in accordance with generally accepted accounting practices. Amended by Act 2019, No. 910,§ 3528, eff. 7/1/2019. Acts 2007, No. 388, § 1; 2009, No. 499, § 7.

(a) (1) A licensed authorized organization shall provide to the Secretary of the Department of Finance and Administration at the time of application for license the address of its primary business office. (2) If the licensed authorized organization maintains its raffle and bingo records at a location other than the primary business office, the licensed authorized organization shall provide the address of the location where the records are maintained.

(1) A licensed authorized organization shall provide to the Secretary of the Department of Finance and Administration at the time of application for license the address of its primary business office.

(2) If the licensed authorized organization maintains its raffle and bingo records at a location other than the primary business office, the licensed authorized organization shall provide the address of the location where the records are maintained.

(b) Bingo and raffle records shall be maintained in Arkansas in accordance with generally accepted accounting practices.

Amended by Act 2019, No. 910,§ 3528, eff. 7/1/2019.

Acts 2007, No. 388, § 1; 2009, No. 499, § 7.
Ark. Code Ann. § 23-79-311 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-311
Motor vehicle liability insurance - Extraterritorial provision
Status: in_force

(a) (1) Motor vehicle liability insurance applies to the amounts that the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the United States, its possessions, or Canada. (2) Motor vehicle liability insurance must afford limits of liability not less than those required under the financial responsibility laws of the jurisdiction of this state. (b) If the accident occurs outside this state but in the United States, its possessions, or Canada and if the limits of liability of the financial responsibility or compulsory insurance laws of the applicable jurisdiction exceed the limits of liability of the financial responsibility laws of this state, the motor vehicle liability insurance is deemed to comply with the limits of liability of the laws of the applicable jurisdiction. (c) For purposes of this section, "motor vehicle" is defined as provided in § 27-14-104 . Amended by Act 2019, No. 391,§ 9, eff. 7/24/2019. Acts 2001, No. 309, § 1.

(a) (1) Motor vehicle liability insurance applies to the amounts that the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the United States, its possessions, or Canada. (2) Motor vehicle liability insurance must afford limits of liability not less than those required under the financial responsibility laws of the jurisdiction of this state.

(1) Motor vehicle liability insurance applies to the amounts that the owner is legally obligated to pay as damages because of accidental bodily injury and accidental property damage arising out of the ownership or operation of a motor vehicle if the accident occurs in the United States, its possessions, or Canada.

(2) Motor vehicle liability insurance must afford limits of liability not less than those required under the financial responsibility laws of the jurisdiction of this state.

(b) If the accident occurs outside this state but in the United States, its possessions, or Canada and if the limits of liability of the financial responsibility or compulsory insurance laws of the applicable jurisdiction exceed the limits of liability of the financial responsibility laws of this state, the motor vehicle liability insurance is deemed to comply with the limits of liability of the laws of the applicable jurisdiction.

(c) For purposes of this section, "motor vehicle" is defined as provided in § 27-14-104 .

Amended by Act 2019, No. 391,§ 9, eff. 7/24/2019.

Acts 2001, No. 309, § 1.
Ark. Code Ann. § 23-64-224 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-224
Combination agent and broker license
Status: in_force

(a) A licensed agent may be licensed as a broker and be a broker as to insurers for which he or she is not then licensed as agent. (b) A licensed broker may be licensed as and be an agent as to insurers appointing him or her as agent. (c) The sole relationship between a broker and an insurer as to which he or she is then licensed as an agent, as to transactions arising during the existence of the agency appointment, shall be that of insurer and agent and not that of insurer and broker. Acts 1959, No. 148, § 165; A.S.A. 1947, § 66-2822; Acts 1997, No. 1004, § 1.

(a) A licensed agent may be licensed as a broker and be a broker as to insurers for which he or she is not then licensed as agent.

(b) A licensed broker may be licensed as and be an agent as to insurers appointing him or her as agent.

(c) The sole relationship between a broker and an insurer as to which he or she is then licensed as an agent, as to transactions arising during the existence of the agency appointment, shall be that of insurer and agent and not that of insurer and broker.

Acts 1959, No. 148, § 165; A.S.A. 1947, § 66-2822; Acts 1997, No. 1004, § 1.
Ark. Code Ann. § 23-4-631 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-631
Refunds of excessive bonded collections - Order not stayed during rehearing
Status: in_force

An application for rehearing under § 23-2-422 filed by a party aggrieved by the final order of the Arkansas Department of Transportation shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections. Amended by Act 2017, No. 707,§ 128, 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, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

An application for rehearing under § 23-2-422 filed by a party aggrieved by the final order of the Arkansas Department of Transportation shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections.

Amended by Act 2017, No. 707,§ 128, 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, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-113-604 — AR Code / Title 23 / Chapter 113 / Subchapter 6 / Section 23-113-604
Disposition of privilege fees, license fees, etc
Status: in_force

(a) All privilege fees received by the Secretary of the Department of Finance and Administration under this chapter for the benefit of the state shall be deposited into the State Treasury as general revenues. (b) All permit or license fees, penalties, and fines received by the Arkansas Racing Commission under this chapter shall be deposited into the State Treasury as general revenues. Amended by Act 2019, No. 910,§ 3519, eff. 7/1/2019. Acts 2005, No. 1151, § 1.

(a) All privilege fees received by the Secretary of the Department of Finance and Administration under this chapter for the benefit of the state shall be deposited into the State Treasury as general revenues.

(b) All permit or license fees, penalties, and fines received by the Arkansas Racing Commission under this chapter shall be deposited into the State Treasury as general revenues.

Amended by Act 2019, No. 910,§ 3519, eff. 7/1/2019.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-92-414 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-414
Employer service assurance organization affidavit
Status: in_force

(a) The Insurance Commissioner may provide by rule for the acceptance of an employer service assurance organization affidavit provided on behalf of a professional employer organization in lieu of the requirements under §§ 23-92-404 - 23-92-406 and 23-92-408 and the fees provided for in § 23-92-407 . (b) The fee for filing an employer service assurance organization affidavit shall be five hundred dollars ($500) for initial licensure and five hundred dollars ($500) for each biennial renewal. Amended by Act 2019, No. 315,§ 2779, eff. 7/24/2019. Acts 2003, No. 1750, § 1.

(a) The Insurance Commissioner may provide by rule for the acceptance of an employer service assurance organization affidavit provided on behalf of a professional employer organization in lieu of the requirements under §§ 23-92-404 - 23-92-406 and 23-92-408 and the fees provided for in § 23-92-407 .

(b) The fee for filing an employer service assurance organization affidavit shall be five hundred dollars ($500) for initial licensure and five hundred dollars ($500) for each biennial renewal.

Amended by Act 2019, No. 315,§ 2779, eff. 7/24/2019.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-78-105 — AR Code / Title 23 / Chapter 78 / Section 23-78-105
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 70, eff. 7/1/2018. Acts 1953, No. 91, §§ 2-4; 1965, No. 83, § 1; 1977, No. 113, §§ 1-3; 1981, No. 360, § 1; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 784, § 1; 1985, No. 679, §§ 1, 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 66-1802 -- 66-1804; Acts 1997, No. 250, § 223; 2001, No. 1553, § 50.

Repealed by Act 2017, No. 788,§ 70, eff. 7/1/2018.

Acts 1953, No. 91, §§ 2-4; 1965, No. 83, § 1; 1977, No. 113, §§ 1-3; 1981, No. 360, § 1; 1981, No. 717, § 2; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1983, No. 784, § 1; 1985, No. 679, §§ 1, 2; A.S.A. 1947, §§ 6-617 -- 6-619, 6-623 -- 6-626, 66-1802 -- 66-1804; Acts 1997, No. 250, § 223; 2001, No. 1553, § 50.
Ark. Code Ann. § 23-85-115 — AR Code / Title 23 / Chapter 85 / Section 23-85-115
Physical examination and autopsy provision
Status: in_force

There shall be a provision as follows: "Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law." Acts 1959, No. 148, § 398; A.S.A. 1947, § 66-3613.

There shall be a provision as follows:

"Physical Examinations and Autopsy: The insurer at its own expense shall have the right and opportunity to examine the person of the insured when and as often as it may reasonably require during the pendency of a claim hereunder and to make an autopsy in case of death where it is not forbidden by law."

Acts 1959, No. 148, § 398; A.S.A. 1947, § 66-3613.
Ark. Code Ann. § 23-112-1023 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1023
Injunction
Status: in_force

(a) In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining a person from doing any of the following: (1) Acting as a dealer without being properly licensed; (2) Committing a single act or multiple acts in violation of this subchapter; or (3) Failing or refusing to comply with any requirement of this subchapter. (b) The Arkansas Motor Vehicle Commission may seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent a person, firm, partnership, association, corporation, or legal entity from violating a provision of this subchapter or a rule promulgated by the commission. (c) The commission shall not be required to: (1) Execute or give bond for costs, indemnity, or stay; or (2) Give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining a person from doing any of the following: (1) Acting as a dealer without being properly licensed; (2) Committing a single act or multiple acts in violation of this subchapter; or (3) Failing or refusing to comply with any requirement of this subchapter.

(1) Acting as a dealer without being properly licensed;

(2) Committing a single act or multiple acts in violation of this subchapter; or

(3) Failing or refusing to comply with any requirement of this subchapter.

(b) The Arkansas Motor Vehicle Commission may seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent a person, firm, partnership, association, corporation, or legal entity from violating a provision of this subchapter or a rule promulgated by the commission.

(c) The commission shall not be required to: (1) Execute or give bond for costs, indemnity, or stay; or (2) Give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent.

(1) Execute or give bond for costs, indemnity, or stay; or

(2) Give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-101-105 — AR Code / Title 23 / Chapter 101 / Section 23-101-105
Term of insurance policy
Status: in_force

(a) Creditor-placed insurance shall become effective on the latest of the following dates: (1) The date of the credit transaction; (2) The date prior coverage, including prior creditor-placed insurance coverage, lapsed; (3) One (1) year before the date on which the related insurance charge is made to the debtor's account; or (4) A later date provided for in the agreement between the creditor and insurer. (b) Creditor-placed insurance shall terminate on the earliest of the following dates: (1) The date other acceptable insurance becomes effective, subject to the debtor's providing acceptable evidence of the other insurance to the creditor; (2) The date the collateralized personal property is repossessed, unless the property is returned to the debtor within ten (10) days of the repossession; (3) The date the collateralized personal property is determined by the insurer to be a total loss; (4) The date the debt is completely extinguished; or (5) An earlier date specified in the individual policy or certificate of insurance. (c) An insurance charge shall not be made to a debtor for a term longer than the scheduled term of the creditor-placed insurance when it becomes effective, nor may an insurance charge be made to the debtor for creditor-placed insurance before the effective date of the insurance. (d) If a charge is made to a debtor for creditor-placed insurance coverage that exceeds a term of one (1) year, the debtor shall be notified at least annually that the insurance will be canceled and a refund or credit of unearned charges made if evidence of acceptable insurance secured by the debtor is provided. Acts 1997, No. 930, § 4.

(a) Creditor-placed insurance shall become effective on the latest of the following dates: (1) The date of the credit transaction; (2) The date prior coverage, including prior creditor-placed insurance coverage, lapsed; (3) One (1) year before the date on which the related insurance charge is made to the debtor's account; or (4) A later date provided for in the agreement between the creditor and insurer.

(1) The date of the credit transaction;

(2) The date prior coverage, including prior creditor-placed insurance coverage, lapsed;

(3) One (1) year before the date on which the related insurance charge is made to the debtor's account; or

(4) A later date provided for in the agreement between the creditor and insurer.

(b) Creditor-placed insurance shall terminate on the earliest of the following dates: (1) The date other acceptable insurance becomes effective, subject to the debtor's providing acceptable evidence of the other insurance to the creditor; (2) The date the collateralized personal property is repossessed, unless the property is returned to the debtor within ten (10) days of the repossession; (3) The date the collateralized personal property is determined by the insurer to be a total loss; (4) The date the debt is completely extinguished; or (5) An earlier date specified in the individual policy or certificate of insurance.

(1) The date other acceptable insurance becomes effective, subject to the debtor's providing acceptable evidence of the other insurance to the creditor;

(2) The date the collateralized personal property is repossessed, unless the property is returned to the debtor within ten (10) days of the repossession;

(3) The date the collateralized personal property is determined by the insurer to be a total loss;

(4) The date the debt is completely extinguished; or

(5) An earlier date specified in the individual policy or certificate of insurance.

(c) An insurance charge shall not be made to a debtor for a term longer than the scheduled term of the creditor-placed insurance when it becomes effective, nor may an insurance charge be made to the debtor for creditor-placed insurance before the effective date of the insurance.

(d) If a charge is made to a debtor for creditor-placed insurance coverage that exceeds a term of one (1) year, the debtor shall be notified at least annually that the insurance will be canceled and a refund or credit of unearned charges made if evidence of acceptable insurance secured by the debtor is provided.

Acts 1997, No. 930, § 4.
Ark. Code Ann. § 23-48-304 — AR Code / Title 23 / Chapter 48 / Subchapter 3 / Section 23-48-304
Investigation of new charter applications by Bank Commissioner
Status: in_force

(a) As soon as practicable after acceptance of any application for a new state bank charter and receipt of the filing fee, the Bank Commissioner shall ascertain, from the best sources of information at his or her command, the character and general fitness of the persons named as stockholders of more than five percent (5%) of the issued stock and their standing in the community in which the proposed institution is to be located. (b) The investigation shall seek to determine the probable support for the new state bank and the adequacy of existing facilities and services in the community. (c) The investigation shall address: (1) The proposed institution's earnings and deposits prospects; (2) The ability and character of its proposed management; (3) The adequacy of initial capital; (4) The safety and soundness of intended operations; (5) The economic conditions in the market to be served; (6) The convenience and needs of the community to be served; and (7) Whether or not its proposed corporate powers are consistent with applicable banking law. (d) The commissioner shall also determine to his or her satisfaction that: (1) The persons named as stockholders of more than five percent (5%) of the issued stock, incorporators, and directors have the confidence of the community and are able, financially and otherwise, to discharge the obligations resting upon them under any of the provisions of this chapter; (2) The requisite capital has been fully subscribed and the purchase price therefor has been paid into an escrow account approved by the commissioner and that the requirements of § 23-48-310 have been met; (3) A majority of the stockholders are residents of this state; and (4) There exists an economic need for the business in the community. Acts 1997, No. 89, § 1.

(a) As soon as practicable after acceptance of any application for a new state bank charter and receipt of the filing fee, the Bank Commissioner shall ascertain, from the best sources of information at his or her command, the character and general fitness of the persons named as stockholders of more than five percent (5%) of the issued stock and their standing in the community in which the proposed institution is to be located.

(b) The investigation shall seek to determine the probable support for the new state bank and the adequacy of existing facilities and services in the community.

(c) The investigation shall address: (1) The proposed institution's earnings and deposits prospects; (2) The ability and character of its proposed management; (3) The adequacy of initial capital; (4) The safety and soundness of intended operations; (5) The economic conditions in the market to be served; (6) The convenience and needs of the community to be served; and (7) Whether or not its proposed corporate powers are consistent with applicable banking law.

(1) The proposed institution's earnings and deposits prospects;

(2) The ability and character of its proposed management;

(3) The adequacy of initial capital;

(4) The safety and soundness of intended operations;

(5) The economic conditions in the market to be served;

(6) The convenience and needs of the community to be served; and

(7) Whether or not its proposed corporate powers are consistent with applicable banking law.

(d) The commissioner shall also determine to his or her satisfaction that: (1) The persons named as stockholders of more than five percent (5%) of the issued stock, incorporators, and directors have the confidence of the community and are able, financially and otherwise, to discharge the obligations resting upon them under any of the provisions of this chapter; (2) The requisite capital has been fully subscribed and the purchase price therefor has been paid into an escrow account approved by the commissioner and that the requirements of § 23-48-310 have been met; (3) A majority of the stockholders are residents of this state; and (4) There exists an economic need for the business in the community.

(1) The persons named as stockholders of more than five percent (5%) of the issued stock, incorporators, and directors have the confidence of the community and are able, financially and otherwise, to discharge the obligations resting upon them under any of the provisions of this chapter;

(2) The requisite capital has been fully subscribed and the purchase price therefor has been paid into an escrow account approved by the commissioner and that the requirements of § 23-48-310 have been met;

(3) A majority of the stockholders are residents of this state; and

(4) There exists an economic need for the business in the community.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-4-420 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-420
Reports on status of applications
Status: in_force

(a) Quarterly, the Arkansas Public Service Commission shall appear before the Legislative Council, file a written report, and make such oral reports as the Legislative Council may request concerning the status of all utility rate applications pending before the commission, including: (1) An identification of the cases filed; (2) The status of staff progress, if any; (3) The schedule of hearings and deadlines established for disposition of each case; (4) The date on which hearings have been held or are scheduled to be held; and (5) The projected date of completion of hearings and issuance of a final order in connection with each case. (b) In the event the commission has failed to conclude a hearing and issue an order on a particular rate application within the deadlines established by law, the commission shall file with the Legislative Council a detailed statement of the reasons for the delay or failure to complete the hearing and ruling thereon within the deadline set by law, and shall advise the Legislative Council of any impact or effect thereof upon the ratepayers of the utility. (c) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the commission of the date on which the commission is to appear before the Legislative Council to make its quarterly report, as requested in this section. Acts 1981 (Ex. Sess.), No. 30, § 5; A.S.A. 1947, § 73-217.6.

(a) Quarterly, the Arkansas Public Service Commission shall appear before the Legislative Council, file a written report, and make such oral reports as the Legislative Council may request concerning the status of all utility rate applications pending before the commission, including: (1) An identification of the cases filed; (2) The status of staff progress, if any; (3) The schedule of hearings and deadlines established for disposition of each case; (4) The date on which hearings have been held or are scheduled to be held; and (5) The projected date of completion of hearings and issuance of a final order in connection with each case.

(1) An identification of the cases filed;

(2) The status of staff progress, if any;

(3) The schedule of hearings and deadlines established for disposition of each case;

(4) The date on which hearings have been held or are scheduled to be held; and

(5) The projected date of completion of hearings and issuance of a final order in connection with each case.

(b) In the event the commission has failed to conclude a hearing and issue an order on a particular rate application within the deadlines established by law, the commission shall file with the Legislative Council a detailed statement of the reasons for the delay or failure to complete the hearing and ruling thereon within the deadline set by law, and shall advise the Legislative Council of any impact or effect thereof upon the ratepayers of the utility.

(c) The Legislative Council shall schedule an appropriate date and shall give notice thereof to the commission of the date on which the commission is to appear before the Legislative Council to make its quarterly report, as requested in this section.

Acts 1981 (Ex. Sess.), No. 30, § 5; A.S.A. 1947, § 73-217.6.
Ark. Code Ann. § 23-70-106 — AR Code / Title 23 / Chapter 70 / Section 23-70-106
Organization
Status: in_force

(a) Twenty-five (25) or more persons may organize a domestic reciprocal insurer and make application to the Insurance Commissioner for a certificate of authority to transact insurance. (b) The proposed attorney shall fulfill the requirements of and shall execute and file with the commissioner when applying for a certificate of authority a declaration setting forth: (1) The name of the insurer; (2) The location of the insurer's principal office, which shall be the same as that of the attorney and shall be maintained within this state; (3) The kinds of insurance proposed to be transacted; (4) The names and addresses of the original subscribers; (5) The designation and appointment of the proposed attorney, and a copy of the power of attorney; (6) The names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm; (7) The powers of the subscribers' advisory committee, and the names and terms of office of the members thereof; (8) That all moneys paid to the insurer shall be held in the name of the insurer and for the purposes specified in the subscribers' agreement, after deducting therefrom any sum payable to the attorney; (9) A copy of the subscribers' agreement; (10) A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted and that the insurer has received from each such subscriber the full premium deposit required for the policy applied for, for a term of not less than six (6) months, at an adequate rate theretofore filed with and approved by the commissioner; (11) A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required by § 23-70-105 is on hand; and (12) A copy of each policy, endorsement, and application form it then proposes to issue or use. (c) The declaration shall be acknowledged by the attorney in the manner required for the acknowledgement of deeds. Amended by Act 2023, No. 469,§ 8, eff. 8/1/2023. Acts 1959, No. 148, § 517; A.S.A. 1947, § 66-4308.

(a) Twenty-five (25) or more persons may organize a domestic reciprocal insurer and make application to the Insurance Commissioner for a certificate of authority to transact insurance.

(b) The proposed attorney shall fulfill the requirements of and shall execute and file with the commissioner when applying for a certificate of authority a declaration setting forth: (1) The name of the insurer; (2) The location of the insurer's principal office, which shall be the same as that of the attorney and shall be maintained within this state; (3) The kinds of insurance proposed to be transacted; (4) The names and addresses of the original subscribers; (5) The designation and appointment of the proposed attorney, and a copy of the power of attorney; (6) The names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm; (7) The powers of the subscribers' advisory committee, and the names and terms of office of the members thereof; (8) That all moneys paid to the insurer shall be held in the name of the insurer and for the purposes specified in the subscribers' agreement, after deducting therefrom any sum payable to the attorney; (9) A copy of the subscribers' agreement; (10) A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted and that the insurer has received from each such subscriber the full premium deposit required for the policy applied for, for a term of not less than six (6) months, at an adequate rate theretofore filed with and approved by the commissioner; (11) A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required by § 23-70-105 is on hand; and (12) A copy of each policy, endorsement, and application form it then proposes to issue or use.

(1) The name of the insurer;

(2) The location of the insurer's principal office, which shall be the same as that of the attorney and shall be maintained within this state;

(3) The kinds of insurance proposed to be transacted;

(4) The names and addresses of the original subscribers;

(5) The designation and appointment of the proposed attorney, and a copy of the power of attorney;

(6) The names and addresses of the officers and directors of the attorney, if a corporation, or its members, if a firm;

(7) The powers of the subscribers' advisory committee, and the names and terms of office of the members thereof;

(8) That all moneys paid to the insurer shall be held in the name of the insurer and for the purposes specified in the subscribers' agreement, after deducting therefrom any sum payable to the attorney;

(9) A copy of the subscribers' agreement;

(10) A statement that each of the original subscribers has in good faith applied for insurance of a kind proposed to be transacted and that the insurer has received from each such subscriber the full premium deposit required for the policy applied for, for a term of not less than six (6) months, at an adequate rate theretofore filed with and approved by the commissioner;

(11) A statement of the financial condition of the insurer, a schedule of its assets, and a statement that the surplus as required by § 23-70-105 is on hand; and

(12) A copy of each policy, endorsement, and application form it then proposes to issue or use.

(c) The declaration shall be acknowledged by the attorney in the manner required for the acknowledgement of deeds.

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

Acts 1959, No. 148, § 517; A.S.A. 1947, § 66-4308.
Ark. Code Ann. § 23-47-807 — AR Code / Title 23 / Chapter 47 / Subchapter 8 / Section 23-47-807
Qualification as successor fiduciary
Status: in_force

For the purposes of qualification as successor fiduciary under any requirements contained in any document creating a fiduciary account or any statute of this state relating to fiduciary accounts, the subsidiary trust company or national trust company: (1) Is considered to have capital and surplus equal to its capital and surplus plus the capital and surplus of its owning bank holding company; and (2) Shall be treated as a national bank, unless: (A) It is not a national bank under federal law relating to national banks; and (B) It has not entered into a substitution agreement with an affiliated bank that is a national bank under federal law relating to national banks. Acts 1997, No. 89, § 1.

For the purposes of qualification as successor fiduciary under any requirements contained in any document creating a fiduciary account or any statute of this state relating to fiduciary accounts, the subsidiary trust company or national trust company:

(1) Is considered to have capital and surplus equal to its capital and surplus plus the capital and surplus of its owning bank holding company; and

(2) Shall be treated as a national bank, unless: (A) It is not a national bank under federal law relating to national banks; and (B) It has not entered into a substitution agreement with an affiliated bank that is a national bank under federal law relating to national banks.

(A) It is not a national bank under federal law relating to national banks; and

(B) It has not entered into a substitution agreement with an affiliated bank that is a national bank under federal law relating to national banks.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-85-104 — AR Code / Title 23 / Chapter 85 / Section 23-85-104
Form of policy
Status: in_force

No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following: (1) The entire money and other considerations for the policy shall be expressed in the policy; (2) The time when the insurance takes effect and terminates shall be expressed in the policy; (3) It shall purport to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, or any other person dependent upon the policyholder; (4) (A) The style, arrangement, and overall appearance of the policy shall give no undue prominence to any portion of the text. (B) In printed forms, every portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point type with a lower case unspaced alphabet length not less than one hundred twenty (120) points. (C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner. (D) The text shall include all printed matter, except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions; (5) The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in §§ 23-85-106 - 23-85-126 and 23-85-128 , shall be printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as "Exceptions", or "Exceptions and Reductions", except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies; (6) Each form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page; and (7) The policy shall contain no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless the portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risk or a short-rate table filed with the commissioner. Amended by Act 2019, No. 315,§ 2742, eff. 7/24/2019. Acts 1959, No. 148, § 387; 1967, No. 418, § 1; 1969, No. 263, § 1; A.S.A. 1947, § 66-3602; Acts 2001, No. 909, § 4.

No policy of accident and health insurance shall be delivered or issued for delivery to any person in this state unless it otherwise complies with this code and complies with the following:

(1) The entire money and other considerations for the policy shall be expressed in the policy;

(2) The time when the insurance takes effect and terminates shall be expressed in the policy;

(3) It shall purport to insure only one (1) person, except that a policy may insure, originally or by subsequent amendment, upon the application of an adult member of a family who shall be deemed the policyholder, any two (2) or more eligible members of that family, including husband, wife, or any other person dependent upon the policyholder;

(4) (A) The style, arrangement, and overall appearance of the policy shall give no undue prominence to any portion of the text. (B) In printed forms, every portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point type with a lower case unspaced alphabet length not less than one hundred twenty (120) points. (C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner. (D) The text shall include all printed matter, except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions;

(A) The style, arrangement, and overall appearance of the policy shall give no undue prominence to any portion of the text.

(B) In printed forms, every portion of the text of the policy and of any endorsements or attached papers shall be plainly printed in light-faced type of a style in general use, the size of which shall be uniform and not less than 10-point type with a lower case unspaced alphabet length not less than one hundred twenty (120) points.

(C) The appearance of text in forms developed for electronic transmission shall comply with rules developed by the Insurance Commissioner.

(D) The text shall include all printed matter, except the name and address of the insurer, name or title of the policy, the brief description, if any, and captions and subcaptions;

(5) The exceptions and reductions of indemnity shall be set forth in the policy and, other than those contained in §§ 23-85-106 - 23-85-126 and 23-85-128 , shall be printed, at the insurer's option, either included with the benefit provision to which they apply, or under an appropriate caption such as "Exceptions", or "Exceptions and Reductions", except that if an exception or reduction specifically applies only to a particular benefit of the policy, a statement of the exception or reduction shall be included with the benefit provision to which it applies;

(6) Each form, including riders and endorsements, shall be identified by a form number in the lower left-hand corner of the first page; and

(7) The policy shall contain no provision purporting to make any portion of the charter, rules, constitution, or bylaws of the insurer a part of the policy unless the portion is set forth in full in the policy, except in the case of the incorporation of, or reference to, a statement of rates or classification of risk or a short-rate table filed with the commissioner.

Amended by Act 2019, No. 315,§ 2742, eff. 7/24/2019.

Acts 1959, No. 148, § 387; 1967, No. 418, § 1; 1969, No. 263, § 1; A.S.A. 1947, § 66-3602; Acts 2001, No. 909, § 4.
Ark. Code Ann. § 23-51-188 — AR Code / Title 23 / Chapter 51 / Section 23-51-188
Administrative orders - Penalties for violation
Status: in_force

(a) In addition to any other powers conferred by this chapter, the Bank Commissioner shall have the power to: (1) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist violating any provision of this chapter or any lawful rule issued thereunder; (2) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist from a course of conduct that is unsafe or unsound and which is likely to cause insolvency or dissipation of assets or is likely to jeopardize or otherwise seriously prejudice the interests of the public in their relationship with the authorized trust institution; (3) Order any company to cease engaging in an unauthorized trust activity; and (4) Enter any order pursuant to § 23-51-182 . (b) The commissioner may impose a civil money penalty of not more than one thousand dollars ($1,000) for each violation by any authorized trust institution, or subsidiary thereof, or any director, officer, or employee of an order issued under subdivision (a)(1) of this section. Provided further, the commissioner may impose a civil money penalty of not more than five hundred dollars ($500) per day for each day that an authorized trust institution, or subsidiary thereof, or any director, officer, or employee violates a cease and desist order issued under subdivision (a)(2) or subdivision (a)(3) of this section. Amended by Act 2019, No. 315,§ 2605, eff. 7/24/2019. Acts 1997, No. 940, § 88.

(a) In addition to any other powers conferred by this chapter, the Bank Commissioner shall have the power to: (1) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist violating any provision of this chapter or any lawful rule issued thereunder; (2) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist from a course of conduct that is unsafe or unsound and which is likely to cause insolvency or dissipation of assets or is likely to jeopardize or otherwise seriously prejudice the interests of the public in their relationship with the authorized trust institution; (3) Order any company to cease engaging in an unauthorized trust activity; and (4) Enter any order pursuant to § 23-51-182 .

(1) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist violating any provision of this chapter or any lawful rule issued thereunder;

(2) Order any authorized trust institution, or subsidiary thereof, or any director, officer, or employee to cease and desist from a course of conduct that is unsafe or unsound and which is likely to cause insolvency or dissipation of assets or is likely to jeopardize or otherwise seriously prejudice the interests of the public in their relationship with the authorized trust institution;

(3) Order any company to cease engaging in an unauthorized trust activity; and

(4) Enter any order pursuant to § 23-51-182 .

(b) The commissioner may impose a civil money penalty of not more than one thousand dollars ($1,000) for each violation by any authorized trust institution, or subsidiary thereof, or any director, officer, or employee of an order issued under subdivision (a)(1) of this section. Provided further, the commissioner may impose a civil money penalty of not more than five hundred dollars ($500) per day for each day that an authorized trust institution, or subsidiary thereof, or any director, officer, or employee violates a cease and desist order issued under subdivision (a)(2) or subdivision (a)(3) of this section.

Amended by Act 2019, No. 315,§ 2605, eff. 7/24/2019.

Acts 1997, No. 940, § 88.
Ark. Code Ann. § 23-79-1503 — AR Code / Title 23 / Chapter 79 / Subchapter 15 / Section 23-79-1503
Rules - Report
Status: in_force

(a) The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter. (b) The State Board of Finance shall follow the rules promulgated by the department for administration of this subchapter for the plans providing health benefits to state and public school employees under § 21-5-401 et seq. (c) The department shall submit biannual reports to the Chair of the House Committee on Insurance and Commerce and the Chair of the Senate Committee on Insurance and Commerce. Amended by Act 2021, No. 1004,§ 22, eff. 4/28/2021. Amended by Act 2021, No. 955,§ 7, eff. 4/27/2021. Amended by Act 2015, No. 373,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1226,§ 1, eff. 8/16/2013.

(a) The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter.

(b) The State Board of Finance shall follow the rules promulgated by the department for administration of this subchapter for the plans providing health benefits to state and public school employees under § 21-5-401 et seq.

(c) The department shall submit biannual reports to the Chair of the House Committee on Insurance and Commerce and the Chair of the Senate Committee on Insurance and Commerce.

Amended by Act 2021, No. 1004,§ 22, eff. 4/28/2021.

Amended by Act 2021, No. 955,§ 7, eff. 4/27/2021.

Amended by Act 2015, No. 373,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1226,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-4-902 — AR Code / Title 23 / Chapter 4 / Subchapter 9 / Section 23-4-902
Exemption from rate case procedures, etc
Status: in_force

A co-op, as defined in § 23-4-901 , shall not be subject to rate case procedures and hearings and other requirements of §§ 23-4-402 - 23-4-405 , 23-4-407 - 23-4-418 , and 23-4-620 - 23-4-634 and Arkansas Public Service Commission rules implementary thereof, hereafter referred to as "rate case procedures", by the commission unless: (1) By action of its board of directors, the co-op elects to be subject to rate case procedures by the commission; (2) A proposed change in the co-op's rates and charges exceeds ten percent (10%) of total gross revenues; (3) Ten percent (10%) of the co-op's member-consumers petition the commission to apply rate case procedures; or (4) As otherwise provided in this subchapter. Amended by Act 2019, No. 315,§ 2397, eff. 7/24/2019. Acts 1987, No. 821, § 2.

A co-op, as defined in § 23-4-901 , shall not be subject to rate case procedures and hearings and other requirements of §§ 23-4-402 - 23-4-405 , 23-4-407 - 23-4-418 , and 23-4-620 - 23-4-634 and Arkansas Public Service Commission rules implementary thereof, hereafter referred to as "rate case procedures", by the commission unless:

(1) By action of its board of directors, the co-op elects to be subject to rate case procedures by the commission;

(2) A proposed change in the co-op's rates and charges exceeds ten percent (10%) of total gross revenues;

(3) Ten percent (10%) of the co-op's member-consumers petition the commission to apply rate case procedures; or

(4) As otherwise provided in this subchapter.

Amended by Act 2019, No. 315,§ 2397, eff. 7/24/2019.

Acts 1987, No. 821, § 2.
Ark. Code Ann. § 23-61-1107 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1107
Crematoriums
Status: in_force

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may promulgate reasonable rules for the licensing of crematoriums. (b) A crematorium shall not be operated in this state unless licensed by the board, and a dead human body shall not be cremated in this state except at a licensed crematorium. (c) A violation of this section is a Class A misdemeanor. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may promulgate reasonable rules for the licensing of crematoriums.

(b) A crematorium shall not be operated in this state unless licensed by the board, and a dead human body shall not be cremated in this state except at a licensed crematorium.

(c) A violation of this section is a Class A misdemeanor.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-11-223 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-223
Corporations existing prior to June 7, 1945 - Extension of charter
Status: in_force

(a) Upon the application of any railroad corporation chartered under the laws of this state prior to June 7, 1945, accompanied by a resolution of the board of directors of the railroad corporation, the Arkansas Department of Transportation is authorized to extend the charter of any such railroad corporation in accordance with the petition and the resolution of the board of directors of the railroad corporation, or on such terms as the department shall prescribe. (b) If the petition is allowed, the department shall cause its approval to be endorsed upon the resolution presented with the petition, together with such restrictions as may be imposed by the department. The resolution shall be filed with the Secretary of State and certified in the same manner as prescribed by law with respect to the original articles of incorporation. Amended by Act 2017, No. 707,§ 166, eff. 8/1/2017. Acts 1935, No. 146, § 2; Pope's Dig., § 10992; Acts 1945, No. 181, § 3; A.S.A. 1947, § 73-315.

(a) Upon the application of any railroad corporation chartered under the laws of this state prior to June 7, 1945, accompanied by a resolution of the board of directors of the railroad corporation, the Arkansas Department of Transportation is authorized to extend the charter of any such railroad corporation in accordance with the petition and the resolution of the board of directors of the railroad corporation, or on such terms as the department shall prescribe.

(b) If the petition is allowed, the department shall cause its approval to be endorsed upon the resolution presented with the petition, together with such restrictions as may be imposed by the department. The resolution shall be filed with the Secretary of State and certified in the same manner as prescribed by law with respect to the original articles of incorporation.

Amended by Act 2017, No. 707,§ 166, eff. 8/1/2017.

Acts 1935, No. 146, § 2; Pope's Dig., § 10992; Acts 1945, No. 181, § 3; A.S.A. 1947, § 73-315.
Ark. Code Ann. § 23-46-407 — AR Code / Title 23 / Chapter 46 / Subchapter 4 / Section 23-46-407
Decision - Judicial review
Status: in_force

(a) The State Banking Board shall render its decision in writing at or after a hearing before it, which decision shall include the board's findings of fact and conclusions of law. (b) (1) (A) If the application is approved by the board, the Bank Commissioner may, in the event that he or she also shall approve the application, grant the relief sought. (B) If the commissioner does not concur in the board's grant of the application, the relief sought shall not be granted, and the commissioner's written decision stating his or her reasons for not concurring shall be attached to the copy of the board's decision and shall be mailed to each person who actively appeared and participated in the hearing. (2) If the board shall disapprove the application, the commissioner shall not grant the relief sought. (c) (1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the board is mailed or delivered in written form to the parties desiring to appeal. (2) The hearing of the petition for review will be advanced on the docket of each reviewing court as a matter of public interest. Acts 1997, No. 89, § 1.

(a) The State Banking Board shall render its decision in writing at or after a hearing before it, which decision shall include the board's findings of fact and conclusions of law.

(b) (1) (A) If the application is approved by the board, the Bank Commissioner may, in the event that he or she also shall approve the application, grant the relief sought. (B) If the commissioner does not concur in the board's grant of the application, the relief sought shall not be granted, and the commissioner's written decision stating his or her reasons for not concurring shall be attached to the copy of the board's decision and shall be mailed to each person who actively appeared and participated in the hearing. (2) If the board shall disapprove the application, the commissioner shall not grant the relief sought.

(1) (A) If the application is approved by the board, the Bank Commissioner may, in the event that he or she also shall approve the application, grant the relief sought. (B) If the commissioner does not concur in the board's grant of the application, the relief sought shall not be granted, and the commissioner's written decision stating his or her reasons for not concurring shall be attached to the copy of the board's decision and shall be mailed to each person who actively appeared and participated in the hearing.

(A) If the application is approved by the board, the Bank Commissioner may, in the event that he or she also shall approve the application, grant the relief sought.

(B) If the commissioner does not concur in the board's grant of the application, the relief sought shall not be granted, and the commissioner's written decision stating his or her reasons for not concurring shall be attached to the copy of the board's decision and shall be mailed to each person who actively appeared and participated in the hearing.

(2) If the board shall disapprove the application, the commissioner shall not grant the relief sought.

(c) (1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the board is mailed or delivered in written form to the parties desiring to appeal. (2) The hearing of the petition for review will be advanced on the docket of each reviewing court as a matter of public interest.

(1) The time for filing a petition for judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall run from the date the final decision of the board is mailed or delivered in written form to the parties desiring to appeal.

(2) The hearing of the petition for review will be advanced on the docket of each reviewing court as a matter of public interest.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-67-404 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-404
Definitions
Status: in_force

For the purposes of this subchapter: (1) "Adverse action" means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance; (2) "Affiliate" means any company that controls, is controlled by, or is under common control with another company; (3) "Applicant" means an individual who has applied to be covered by a personal insurance policy with an insurer; (4) "Consumer" means an insured whose credit information is used or whose credit score is calculated in the underwriting or rating of a personal insurance policy or an applicant for the policy; (5) "Consumer reporting agency" means any person who for monetary fees, dues, or on a cooperative nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties; (6) (A) "Credit information" means any credit-related information derived from a credit report or found on a credit report itself. (B) Information that is not credit-related shall not be considered "credit information" regardless of whether it is contained in a credit report or in an application or is used to calculate a credit score; (7) (A) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement. (B) Loss history reports and driving history reports are not considered to be credit reports; (8) "Credit score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based solely on credit information for the purpose of predicting the future insurance loss exposure of an individual applicant or insured; and (9) "Personal insurance" means private passenger automobile, homeowners, motorcycle, mobile home owners, noncommercial dwelling fire insurance, noncommercial farm owners, boat, personal watercraft, snowmobile, and recreational vehicle policies. Acts 2003, No. 1452, § 2.

For the purposes of this subchapter:

(1) "Adverse action" means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with the underwriting of personal insurance;

(2) "Affiliate" means any company that controls, is controlled by, or is under common control with another company;

(3) "Applicant" means an individual who has applied to be covered by a personal insurance policy with an insurer;

(4) "Consumer" means an insured whose credit information is used or whose credit score is calculated in the underwriting or rating of a personal insurance policy or an applicant for the policy;

(5) "Consumer reporting agency" means any person who for monetary fees, dues, or on a cooperative nonprofit basis regularly engages, in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties;

(6) (A) "Credit information" means any credit-related information derived from a credit report or found on a credit report itself. (B) Information that is not credit-related shall not be considered "credit information" regardless of whether it is contained in a credit report or in an application or is used to calculate a credit score;

(A) "Credit information" means any credit-related information derived from a credit report or found on a credit report itself.

(B) Information that is not credit-related shall not be considered "credit information" regardless of whether it is contained in a credit report or in an application or is used to calculate a credit score;

(7) (A) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement. (B) Loss history reports and driving history reports are not considered to be credit reports;

(A) "Credit report" means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer's credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected, in whole or in part, for the purpose of serving as a factor to determine personal insurance premiums, eligibility for coverage, or tier placement.

(B) Loss history reports and driving history reports are not considered to be credit reports;

(8) "Credit score" means a number or rating that is derived from an algorithm, computer application, model, or other process that is based solely on credit information for the purpose of predicting the future insurance loss exposure of an individual applicant or insured; and

(9) "Personal insurance" means private passenger automobile, homeowners, motorcycle, mobile home owners, noncommercial dwelling fire insurance, noncommercial farm owners, boat, personal watercraft, snowmobile, and recreational vehicle policies.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-13-717 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-717
Nondiscrimination - Accessibility
Status: in_force

(a) A transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of its policy. (b) Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers. (c) Transportation network company drivers shall comply with all applicable laws to accommodate service animals. (d) A transportation network company shall not impose additional charges for providing services to a person with a physical disability because of the disability. (e) (1) A transportation network company shall provide a passenger an opportunity to indicate whether he or she requires a wheelchair-accessible motor vehicle. (2) If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) A transportation network company shall adopt a policy of nondiscrimination with respect to passengers and potential passengers and notify transportation network company drivers of its policy.

(b) Transportation network company drivers shall comply with all applicable laws regarding nondiscrimination against passengers or potential passengers.

(c) Transportation network company drivers shall comply with all applicable laws to accommodate service animals.

(d) A transportation network company shall not impose additional charges for providing services to a person with a physical disability because of the disability.

(e) (1) A transportation network company shall provide a passenger an opportunity to indicate whether he or she requires a wheelchair-accessible motor vehicle. (2) If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

(1) A transportation network company shall provide a passenger an opportunity to indicate whether he or she requires a wheelchair-accessible motor vehicle.

(2) If a transportation network company cannot arrange wheelchair-accessible transportation network company service in any instance, it shall direct the passenger to an alternate provider of wheelchair-accessible service, if available.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-4-103 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-103
Rates and rules to be reasonable
Status: in_force

All rates made, demanded, or received by any public utility, for any product or commodity furnished, or to be furnished, or any service rendered or to be rendered, and all rules made by any public utility pertaining thereto shall be just and reasonable, and to the extent that the rates or rules may be unjust or unreasonable, are prohibited and declared unlawful. Amended by Act 2019, No. 315,§ 2388, eff. 7/24/2019. Acts 1935, No. 324, § 10; Pope's Dig., § 2073; A.S.A. 1947, § 73-204.

All rates made, demanded, or received by any public utility, for any product or commodity furnished, or to be furnished, or any service rendered or to be rendered, and all rules made by any public utility pertaining thereto shall be just and reasonable, and to the extent that the rates or rules may be unjust or unreasonable, are prohibited and declared unlawful.

Amended by Act 2019, No. 315,§ 2388, eff. 7/24/2019.

Acts 1935, No. 324, § 10; Pope's Dig., § 2073; A.S.A. 1947, § 73-204.
Ark. Code Ann. § 23-18-1004 — AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1004
Marketing or selling of demand response prohibited
Status: in_force

The marketing, selling, or marketing and selling of demand response into wholesale electricity markets by an aggregator of retail customers or by a retail customer is prohibited unless the Arkansas Public Service Commission or the governing authority of a municipally owned electric utility or a consolidated municipal utility improvement district determines that the marketing, selling, or marketing and selling of demand response into wholesale electricity markets by aggregators of retail customers or by retail customers is in the public interest. Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

The marketing, selling, or marketing and selling of demand response into wholesale electricity markets by an aggregator of retail customers or by a retail customer is prohibited unless the Arkansas Public Service Commission or the governing authority of a municipally owned electric utility or a consolidated municipal utility improvement district determines that the marketing, selling, or marketing and selling of demand response into wholesale electricity markets by aggregators of retail customers or by retail customers is in the public interest.

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-47-301 — AR Code / Title 23 / Chapter 47 / Subchapter 3 / Section 23-47-301
Definitions
Status: in_force

In this subchapter: (1) "Account" means a contract of deposit between a depositor and a bank, and includes a checking account, savings account, and certificate of deposit; (2) "Agent" means a person authorized to make account transactions for a party; (3) "Beneficiary" means a person named as one (1) to whom sums on deposit in an account are payable on request after the death of all parties or for whom a party is named as trustee; (4) "Devisee" means any person designated in a will to receive a testamentary disposition of real or personal property; (5) "Party" means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent; (6) "Payment" of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge; and (7) "Personal representative" includes an executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. Acts 1997, No. 89, § 1.

In this subchapter:

(1) "Account" means a contract of deposit between a depositor and a bank, and includes a checking account, savings account, and certificate of deposit;

(2) "Agent" means a person authorized to make account transactions for a party;

(3) "Beneficiary" means a person named as one (1) to whom sums on deposit in an account are payable on request after the death of all parties or for whom a party is named as trustee;

(4) "Devisee" means any person designated in a will to receive a testamentary disposition of real or personal property;

(5) "Party" means a person who, by the terms of an account, has a present right, subject to request, to payment from the account other than as a beneficiary or agent;

(6) "Payment" of sums on deposit includes withdrawal, payment to a party or third person pursuant to check or other request, and a pledge of sums on deposit by a party, or a setoff, reduction, or other disposition of all or part of an account pursuant to a pledge; and

(7) "Personal representative" includes an executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-64-217 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-217
Procedure following suspension or revocation
Status: in_force

(a) (1) Upon the suspension or revocation of a license, the Insurance Commissioner shall immediately notify the licensee of the suspension or revocation either in person or by mail addressed to the licensee at the licensee's address last of record with the commissioner or by electronic notice. (2) Notice by mail or by electronic mail shall be deemed effectuated when so mailed. (3) The commissioner shall give like notice to the insurers represented by the agent in the case of an agent's license. Upon receipt of notice from the commissioner that the license has been revoked, each insurer represented by the agent shall take appropriate and prompt action necessary to: (A) Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and (B) Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation. (b) The commissioner may not again issue a license under the Arkansas Insurance Code to any person whose license has been revoked until after the expiration of three (3) years, and thereafter not until: (1) The person has paid in full any fines, administrative penalties, or monetary penalties imposed on the person at the time of revocation; (2) The person has paid restitution of actual losses to affected persons when the order of revocation contains findings that the conduct of the person resulted in actual losses to affected persons; and (3) The person again qualifies for license in accordance with the applicable provisions of the Arkansas Insurance Code. (c) If the license of a firm, limited liability company, or corporation is so suspended or revoked, no member of the firm or limited liability company or officer or director of the corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked. Acts 1959, No. 148, § 179; A.S.A. 1947, § 66-2836; Acts 1987, No. 622, § 20; 1993, No. 901, § 27; 1997, No. 1004, § 1; 2003, No. 1203, § 5.

(a) (1) Upon the suspension or revocation of a license, the Insurance Commissioner shall immediately notify the licensee of the suspension or revocation either in person or by mail addressed to the licensee at the licensee's address last of record with the commissioner or by electronic notice. (2) Notice by mail or by electronic mail shall be deemed effectuated when so mailed. (3) The commissioner shall give like notice to the insurers represented by the agent in the case of an agent's license. Upon receipt of notice from the commissioner that the license has been revoked, each insurer represented by the agent shall take appropriate and prompt action necessary to: (A) Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and (B) Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation.

(1) Upon the suspension or revocation of a license, the Insurance Commissioner shall immediately notify the licensee of the suspension or revocation either in person or by mail addressed to the licensee at the licensee's address last of record with the commissioner or by electronic notice.

(2) Notice by mail or by electronic mail shall be deemed effectuated when so mailed.

(3) The commissioner shall give like notice to the insurers represented by the agent in the case of an agent's license. Upon receipt of notice from the commissioner that the license has been revoked, each insurer represented by the agent shall take appropriate and prompt action necessary to: (A) Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and (B) Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation.

(A) Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and

(B) Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation.

(b) The commissioner may not again issue a license under the Arkansas Insurance Code to any person whose license has been revoked until after the expiration of three (3) years, and thereafter not until: (1) The person has paid in full any fines, administrative penalties, or monetary penalties imposed on the person at the time of revocation; (2) The person has paid restitution of actual losses to affected persons when the order of revocation contains findings that the conduct of the person resulted in actual losses to affected persons; and (3) The person again qualifies for license in accordance with the applicable provisions of the Arkansas Insurance Code.

(1) The person has paid in full any fines, administrative penalties, or monetary penalties imposed on the person at the time of revocation;

(2) The person has paid restitution of actual losses to affected persons when the order of revocation contains findings that the conduct of the person resulted in actual losses to affected persons; and

(3) The person again qualifies for license in accordance with the applicable provisions of the Arkansas Insurance Code.

(c) If the license of a firm, limited liability company, or corporation is so suspended or revoked, no member of the firm or limited liability company or officer or director of the corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.

Acts 1959, No. 148, § 179; A.S.A. 1947, § 66-2836; Acts 1987, No. 622, § 20; 1993, No. 901, § 27; 1997, No. 1004, § 1; 2003, No. 1203, § 5.
Ark. Code Ann. § 23-61-402 — AR Code / Title 23 / Chapter 61 / Subchapter 4 / Section 23-61-402
Disposition
Status: in_force

(a) The Insurance Commissioner shall deposit all fees collected under § 23-61-401 into the State Treasury as special revenues. Unless specifically authorized by law, order, or consent decree for collection and deposit into other accounts or other trust funds as general or special revenues, including, but not limited to, the State Insurance Department Trust Fund under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., the Insurance Continuing Education Trust Fund under § 23-64-307 , and the State Insurance Department Criminal Investigation Division Trust Fund under § 23-100-103 , all fees, penalties and fines, gifts, grants and endowments and awards, restitution payments, interest and investment income, and dividends paid or payable to or collected by the commissioner, or both, and not otherwise appropriated shall be deposited into the State Insurance Department Trust Fund as special revenues for the maintenance, operation, and support of and improvements to the State Insurance Department. (b) On the last business day of each month, the State Treasury shall credit the net amount of the fees collected under § 23-61-401 to the Constitutional Officers Fund and the State Central Services Fund to be used for the maintenance, operation, and improvement of the respective agencies and services receiving support from the Constitutional Officers Fund and the State Central Services Fund as authorized by law. Acts 1959, No. 148, § 68; 1959, No. 304, § 1; 1963, No. 238, § 1; 1983, No. 522, § 4; A.S.A. 1947, § 66-2301; Acts 1995, No. 1296, § 81; 1999, No. 881, § 6.

(a) The Insurance Commissioner shall deposit all fees collected under § 23-61-401 into the State Treasury as special revenues. Unless specifically authorized by law, order, or consent decree for collection and deposit into other accounts or other trust funds as general or special revenues, including, but not limited to, the State Insurance Department Trust Fund under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., the Insurance Continuing Education Trust Fund under § 23-64-307 , and the State Insurance Department Criminal Investigation Division Trust Fund under § 23-100-103 , all fees, penalties and fines, gifts, grants and endowments and awards, restitution payments, interest and investment income, and dividends paid or payable to or collected by the commissioner, or both, and not otherwise appropriated shall be deposited into the State Insurance Department Trust Fund as special revenues for the maintenance, operation, and support of and improvements to the State Insurance Department.

(b) On the last business day of each month, the State Treasury shall credit the net amount of the fees collected under § 23-61-401 to the Constitutional Officers Fund and the State Central Services Fund to be used for the maintenance, operation, and improvement of the respective agencies and services receiving support from the Constitutional Officers Fund and the State Central Services Fund as authorized by law.

Acts 1959, No. 148, § 68; 1959, No. 304, § 1; 1963, No. 238, § 1; 1983, No. 522, § 4; A.S.A. 1947, § 66-2301; Acts 1995, No. 1296, § 81; 1999, No. 881, § 6.
Ark. Code Ann. § 23-14-105 — AR Code / Title 23 / Chapter 14 / Section 23-14-105
Compliance with chapter required
Status: in_force

No person shall engage in air commerce except in accordance with the provisions of this chapter. Acts 1945, No. 252, § 3; A.S.A. 1947, § 74-403.

No person shall engage in air commerce except in accordance with the provisions of this chapter.

Acts 1945, No. 252, § 3; A.S.A. 1947, § 74-403.
Ark. Code Ann. § 23-18-317 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-317
Bylaws
Status: in_force

(a) The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors. (b) The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. Acts 1937, No. 342, § 11; Pope's Dig., § 2325; A.S.A. 1947, § 77-1111.

(a) The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors.

(b) The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.

Acts 1937, No. 342, § 11; Pope's Dig., § 2325; A.S.A. 1947, § 77-1111.