Ark. Code Ann. § 23-18-1204 — AR Code / Title 23 / Chapter 18 / Subchapter 12 / Section 23-18-1204
Rural Broadband I.D. Expenses Trust Fund Grant Program - Legislative oversight
Status: in_force

(a) The General Assembly shall maintain oversight of the Rural Broadband I.D. Expenses Trust Fund Grant Program under this subchapter by requiring prior approval of the Legislative Council, or of the Joint Budget Committee if the General Assembly is in session, as provided by law before Rural Broadband I.D. Expenses Trust Fund grants are awarded. (b) The Director of the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences or his or her designee and the Treasurer of State or his or her designee shall: (1) Summarize to the General Assembly before Rural Broadband I.D. Expenses Trust Fund grants are awarded; and (2) (A) File a biannual report detailing: (i) The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date; (ii) A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and (iii) A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed. (B) The biannual report required under subdivision (b)(2)(A) of this section shall be submitted by January 1 and July 1 of each year to the: (i) Governor; (ii) Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (iii) Joint Committee on Advanced Communications and Information Technology. Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.

(a) The General Assembly shall maintain oversight of the Rural Broadband I.D. Expenses Trust Fund Grant Program under this subchapter by requiring prior approval of the Legislative Council, or of the Joint Budget Committee if the General Assembly is in session, as provided by law before Rural Broadband I.D. Expenses Trust Fund grants are awarded.

(b) The Director of the Institute for Digital Health and Innovation of the University of Arkansas for Medical Sciences or his or her designee and the Treasurer of State or his or her designee shall: (1) Summarize to the General Assembly before Rural Broadband I.D. Expenses Trust Fund grants are awarded; and (2) (A) File a biannual report detailing: (i) The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date; (ii) A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and (iii) A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed. (B) The biannual report required under subdivision (b)(2)(A) of this section shall be submitted by January 1 and July 1 of each year to the: (i) Governor; (ii) Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (iii) Joint Committee on Advanced Communications and Information Technology.

(1) Summarize to the General Assembly before Rural Broadband I.D. Expenses Trust Fund grants are awarded; and

(2) (A) File a biannual report detailing: (i) The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date; (ii) A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and (iii) A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed. (B) The biannual report required under subdivision (b)(2)(A) of this section shall be submitted by January 1 and July 1 of each year to the: (i) Governor; (ii) Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (iii) Joint Committee on Advanced Communications and Information Technology.

(A) File a biannual report detailing: (i) The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date; (ii) A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and (iii) A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed.

(i) The balance of the Rural Broadband I.D. Expenses Trust Fund as of the reporting date;

(ii) A list of the administrative overhead costs paid for from the Rural Broadband I.D. Expenses Trust Fund; and

(iii) A detailed description of the grant applications received and the amount of the Rural Broadband I.D. Expenses Trust Fund grant funds that were disbursed.

(B) The biannual report required under subdivision (b)(2)(A) of this section shall be submitted by January 1 and July 1 of each year to the: (i) Governor; (ii) Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and (iii) Joint Committee on Advanced Communications and Information Technology.

(i) Governor;

(ii) Legislative Council or, if the General Assembly is in session, the Joint Budget Committee; and

(iii) Joint Committee on Advanced Communications and Information Technology.

Added by Act 2023, No. 875,§ 28, eff. 7/1/2023.
Ark. Code Ann. § 23-18-910 — AR Code / Title 23 / Chapter 18 / Subchapter 9 / Section 23-18-910
Tax treatment
Status: in_force

The Arkansas state income tax treatment of the following events will conform to the federal income tax treatment of the events: (1) A utility's receipt of a financing order that creates storm recovery property for the benefit of the utility; (2) The utility's receipt of cash or other valuable consideration in exchange for its transfer of the storm recovery property to an affiliate which is wholly owned, directly or indirectly, by the utility; and (3) The utility's receipt of cash or other valuable consideration in exchange for storm recovery bonds issued by the financing party. Amended by Act 2021, No. 641,§ 1, eff. 4/12/2021. Acts 2009, No. 729, § 1.

The Arkansas state income tax treatment of the following events will conform to the federal income tax treatment of the events:

(1) A utility's receipt of a financing order that creates storm recovery property for the benefit of the utility;

(2) The utility's receipt of cash or other valuable consideration in exchange for its transfer of the storm recovery property to an affiliate which is wholly owned, directly or indirectly, by the utility; and

(3) The utility's receipt of cash or other valuable consideration in exchange for storm recovery bonds issued by the financing party.

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

Acts 2009, No. 729, § 1.
Ark. Code Ann. § 23-97-303 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-303
Scope
Status: in_force

(a) The requirements of this subchapter apply to policies delivered or issued for delivery in this state on or after August 12, 2005. (b) Except as provided in subsection (c) of this section, this subchapter is not intended to supersede the obligations to comply with other applicable insurance laws that do not conflict with this subchapter. (c) Laws and rules designed and intended to apply to Medicare supplement insurance policies shall not be applied to long-term care insurance. Amended by Act 2019, No. 315,§ 2789, eff. 7/24/2019. Acts 2005, No. 1697, § 31.

(a) The requirements of this subchapter apply to policies delivered or issued for delivery in this state on or after August 12, 2005.

(b) Except as provided in subsection (c) of this section, this subchapter is not intended to supersede the obligations to comply with other applicable insurance laws that do not conflict with this subchapter.

(c) Laws and rules designed and intended to apply to Medicare supplement insurance policies shall not be applied to long-term care insurance.

Amended by Act 2019, No. 315,§ 2789, eff. 7/24/2019.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-17-218 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-218
Board of directors generally
Status: in_force

(a) The business affairs of a cooperative shall be managed by a board of directors consisting of not fewer than five (5) in number, which shall exercise all the powers of a cooperative except those which are conferred upon the members by this subchapter, by the articles of incorporation, by its certificate of incorporation, or by the bylaws of the cooperative. (b) Each of the directors shall be a member of the cooperative. (c) (1) The bylaws shall prescribe the number of directors, their qualifications other than those prescribed in this subchapter, the manner of holding meetings of the board of directors, and the manner of electing successors to directors who resign, die, are removed, or otherwise are incapable of acting. (2) The bylaws may also provide for the removal of directors from office and for the election of their successors. (d) The directors shall be members of the cooperative and shall be entitled to such compensation, benefits, and reimbursement for expenses actually and necessarily incurred. Acts 1951, No. 51, §§ 19, 20; A.S.A. 1947, §§ 77-1619, 77-1620; Acts 1991, No. 552, § 1; 1999, No. 946, § 7.

(a) The business affairs of a cooperative shall be managed by a board of directors consisting of not fewer than five (5) in number, which shall exercise all the powers of a cooperative except those which are conferred upon the members by this subchapter, by the articles of incorporation, by its certificate of incorporation, or by the bylaws of the cooperative.

(b) Each of the directors shall be a member of the cooperative.

(c) (1) The bylaws shall prescribe the number of directors, their qualifications other than those prescribed in this subchapter, the manner of holding meetings of the board of directors, and the manner of electing successors to directors who resign, die, are removed, or otherwise are incapable of acting. (2) The bylaws may also provide for the removal of directors from office and for the election of their successors.

(1) The bylaws shall prescribe the number of directors, their qualifications other than those prescribed in this subchapter, the manner of holding meetings of the board of directors, and the manner of electing successors to directors who resign, die, are removed, or otherwise are incapable of acting.

(2) The bylaws may also provide for the removal of directors from office and for the election of their successors.

(d) The directors shall be members of the cooperative and shall be entitled to such compensation, benefits, and reimbursement for expenses actually and necessarily incurred.

Acts 1951, No. 51, §§ 19, 20; A.S.A. 1947, §§ 77-1619, 77-1620; Acts 1991, No. 552, § 1; 1999, No. 946, § 7.
Ark. Code Ann. § 23-79-301 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-301
Purpose
Status: in_force

The purpose of this subchapter is to provide minimum standards for commercial lines property and casualty insurance policies or contracts. These minimum standards are designed to minimize restrictions in coverage and to assure minimum standards for these commercial policies or contracts for the protection of the public. This subchapter is not intended to impede flexibility and innovation in the development of commercial property and casualty insurance policy or contract form or content. This subchapter is not intended to conflict with the provisions concerning insurance contracts in the Arkansas Insurance Code and, in particular, the provisions of § 23-60-105 . This subchapter is not intended to conflict with nor apply to insurance policies and contracts of surplus lines insurers operating in this state in compliance with § 23-65-310 . Acts 1987, No. 204, § 1; 1999, No. 881, § 14.

The purpose of this subchapter is to provide minimum standards for commercial lines property and casualty insurance policies or contracts. These minimum standards are designed to minimize restrictions in coverage and to assure minimum standards for these commercial policies or contracts for the protection of the public. This subchapter is not intended to impede flexibility and innovation in the development of commercial property and casualty insurance policy or contract form or content. This subchapter is not intended to conflict with the provisions concerning insurance contracts in the Arkansas Insurance Code and, in particular, the provisions of § 23-60-105 . This subchapter is not intended to conflict with nor apply to insurance policies and contracts of surplus lines insurers operating in this state in compliance with § 23-65-310 .

Acts 1987, No. 204, § 1; 1999, No. 881, § 14.
Ark. Code Ann. § 23-63-524 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-524
Revocation, suspension, or nonrenewal of insurer's license
Status: in_force

(a) Whenever it appears to the Insurance Commissioner that any person has committed a violation of this subchapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke, or refuse to renew the insurer's license or authority to do business in this state for such period as the commissioner finds is required for the protection of policyholders or the public. (b) Any determination shall be accompanied by specific findings of fact and conclusions of law. Acts 1971, No. 288, § 15; A.S.A. 1947, § 66-5015.

(a) Whenever it appears to the Insurance Commissioner that any person has committed a violation of this subchapter which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the commissioner may, after giving notice and an opportunity to be heard, determine to suspend, revoke, or refuse to renew the insurer's license or authority to do business in this state for such period as the commissioner finds is required for the protection of policyholders or the public.

(b) Any determination shall be accompanied by specific findings of fact and conclusions of law.

Acts 1971, No. 288, § 15; A.S.A. 1947, § 66-5015.
Ark. Code Ann. § 23-112-505 — AR Code / Title 23 / Chapter 112 / Subchapter 5 / Section 23-112-505
Decisions and orders of commission - Quorum
Status: in_force

(a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the commission and spread upon its minutes. (b) A majority of the members of the commission shall constitute a quorum for purposes of rendering an order, and no order will issue except upon the affirmative vote of a majority of the quorum of the members of the commission as established under § 23-112-201 . Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 678, § 2; 1995, No. 568, § 11.

(a) All decisions of the Arkansas Motor Vehicle Commission with respect to the hearings provided for in this subchapter shall be incorporated into orders of the commission and spread upon its minutes.

(b) A majority of the members of the commission shall constitute a quorum for purposes of rendering an order, and no order will issue except upon the affirmative vote of a majority of the quorum of the members of the commission as established under § 23-112-201 .

Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1989, No. 678, § 2; 1995, No. 568, § 11.
Ark. Code Ann. § 23-93-206 — AR Code / Title 23 / Chapter 93 / Subchapter 2 / Section 23-93-206
Fees
Status: in_force

(a) (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State. (2) In the event living units are added during the application process, an additional fee of forty dollars ($40.00) per living unit shall be paid. (b) (1) Upon receipt of the complete application for a license, the State Insurance Department shall issue a notice of filing to the applicant within ten (10) business days. (2) Within ninety (90) days of the notice of filing, the department shall enter an order issuing the license or rejecting the application. (c) (1) If the Insurance Commissioner determines that any of the application requirements have not been met, the commissioner shall notify the applicant that the application must be corrected within thirty (30) days in those particulars designated by the commissioner. (2) (A) If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period. (B) During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing. (d) If a facility is accredited by a process approved by the commissioner as substantially equivalent to the requirements of this subchapter, then the facility shall be deemed to have met the requirements of this subchapter and the commissioner shall issue a license to the facility. Acts 1993, No. 787, § 5.

(a) (1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State. (2) In the event living units are added during the application process, an additional fee of forty dollars ($40.00) per living unit shall be paid.

(1) An application for a license shall consist of a statement containing the items set forth in this subchapter, together with a filing fee in the amount of four hundred dollars ($400) plus forty dollars ($40.00) per living unit made payable to the Treasurer of State.

(2) In the event living units are added during the application process, an additional fee of forty dollars ($40.00) per living unit shall be paid.

(b) (1) Upon receipt of the complete application for a license, the State Insurance Department shall issue a notice of filing to the applicant within ten (10) business days. (2) Within ninety (90) days of the notice of filing, the department shall enter an order issuing the license or rejecting the application.

(1) Upon receipt of the complete application for a license, the State Insurance Department shall issue a notice of filing to the applicant within ten (10) business days.

(2) Within ninety (90) days of the notice of filing, the department shall enter an order issuing the license or rejecting the application.

(c) (1) If the Insurance Commissioner determines that any of the application requirements have not been met, the commissioner shall notify the applicant that the application must be corrected within thirty (30) days in those particulars designated by the commissioner. (2) (A) If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period. (B) During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing.

(1) If the Insurance Commissioner determines that any of the application requirements have not been met, the commissioner shall notify the applicant that the application must be corrected within thirty (30) days in those particulars designated by the commissioner.

(2) (A) If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period. (B) During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing.

(A) If the requirements are not met within the time allowed, the commissioner may enter an order rejecting the application. The order shall include the finding of fact upon which the order is based and which shall not become effective until twenty (20) days after the end of the thirty-day period.

(B) During the twenty-day period, the applicant may petition for reconsideration and is entitled to a hearing.

(d) If a facility is accredited by a process approved by the commissioner as substantially equivalent to the requirements of this subchapter, then the facility shall be deemed to have met the requirements of this subchapter and the commissioner shall issue a license to the facility.

Acts 1993, No. 787, § 5.
Ark. Code Ann. § 23-74-105 — AR Code / Title 23 / Chapter 74 / Subchapter 1 / Section 23-74-105
Purposes and powers
Status: in_force

(a) A fraternal benefit society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in § 23-74-401 ; and (2) Operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others. These purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations. (b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society. Acts 1989, No. 881, § 1.

(a) A fraternal benefit society shall operate for the benefit of members and their beneficiaries by: (1) Providing benefits as specified in § 23-74-401 ; and (2) Operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others. These purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations.

(1) Providing benefits as specified in § 23-74-401 ; and

(2) Operating for one (1) or more social, intellectual, educational, charitable, benevolent, moral, fraternal, patriotic, or religious purposes for the benefit of its members, which may also be extended to others. These purposes may be carried out directly by the society or indirectly through subsidiary corporations or affiliated organizations.

(b) Every society shall have the power to adopt laws and rules for the government of the society, the admission of its members, and the management of its affairs. It shall have the power to change, alter, add to, or amend such laws and rules and shall have such other powers as are necessary and incidental to carrying into effect the objects and purposes of the society.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-67-502 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-502
Standards for rates
Status: in_force

Rates for malpractice insurance shall not be: (1) (A) Excessive. (B) A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation to the product or services rendered; (2) (A) Inadequate. (B) A rate is inadequate if, together with investment income attributable to it, it fails to satisfy projected losses and expenses; or (3) (A) Unfairly discriminatory. (B) A rate is unfairly discriminatory in relation to another in the same class of business if it does not reflect equitably the differences in expected losses and expenses. (C) Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or with like expense factors but different loss exposures if the rates reflect the differences with reasonable accuracy. Acts 2005, No. 1697, § 19.

Rates for malpractice insurance shall not be:

(1) (A) Excessive. (B) A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation to the product or services rendered;

(A) Excessive.

(B) A rate is excessive if it is likely to produce a profit from an Arkansas business that is unreasonably high in relation to past and prospective loss experience or if expenses are unreasonably high in relation to the product or services rendered;

(2) (A) Inadequate. (B) A rate is inadequate if, together with investment income attributable to it, it fails to satisfy projected losses and expenses; or

(A) Inadequate.

(B) A rate is inadequate if, together with investment income attributable to it, it fails to satisfy projected losses and expenses; or

(3) (A) Unfairly discriminatory. (B) A rate is unfairly discriminatory in relation to another in the same class of business if it does not reflect equitably the differences in expected losses and expenses. (C) Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or with like expense factors but different loss exposures if the rates reflect the differences with reasonable accuracy.

(A) Unfairly discriminatory.

(B) A rate is unfairly discriminatory in relation to another in the same class of business if it does not reflect equitably the differences in expected losses and expenses.

(C) Rates are not unfairly discriminatory because different premiums result for policyholders with like loss exposures but different expense factors or with like expense factors but different loss exposures if the rates reflect the differences with reasonable accuracy.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-85-107 — AR Code / Title 23 / Chapter 85 / Section 23-85-107
Time limit on certain defenses provision
Status: in_force

(a) There shall be a provision as follows: "Time Limit on Certain Defenses: (1) After three (3) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability as defined in the policy commencing after the expiration of such three-year period. (2) " No claim for loss incurred or disability, as defined in the policy, commencing after three (3) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy." (b) Provision number one (1) as stated in subsection (a) of this section shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during the initial three-year period, nor to limit the application of §§ 23-85-119 - 23-85-121 in the event of misstatement with respect to age or occupation or other insurance. (c) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium until at least fifty (50) years of age or, in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue, may contain in lieu of the foregoing the following provision, from which the clause in parentheses may be omitted at the insurer's option, under the caption "Incontestable": "After this policy has been in force for a period of three (3) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application." Acts 1959, No. 148, § 390; A.S.A. 1947, § 66-3605.

(a) There shall be a provision as follows: "Time Limit on Certain Defenses: (1) After three (3) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability as defined in the policy commencing after the expiration of such three-year period. (2) " No claim for loss incurred or disability, as defined in the policy, commencing after three (3) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."

"Time Limit on Certain Defenses:

(1) After three (3) years from the date of issue of this policy, no misstatements, except fraudulent misstatements, made by the applicant in the application for such policy shall be used to void the policy or to deny a claim for loss incurred or disability as defined in the policy commencing after the expiration of such three-year period.

(2) " No claim for loss incurred or disability, as defined in the policy, commencing after three (3) years from the date of issue of this policy shall be reduced or denied on the ground that a disease or physical condition not excluded from coverage by name or specific description effective on the date of loss had existed prior to the effective date of coverage of this policy."

(b) Provision number one (1) as stated in subsection (a) of this section shall not be so construed as to affect any legal requirement for avoidance of a policy or denial of a claim during the initial three-year period, nor to limit the application of §§ 23-85-119 - 23-85-121 in the event of misstatement with respect to age or occupation or other insurance.

(c) A policy which the insured has the right to continue in force subject to its terms by the timely payment of premium until at least fifty (50) years of age or, in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue, may contain in lieu of the foregoing the following provision, from which the clause in parentheses may be omitted at the insurer's option, under the caption "Incontestable": "After this policy has been in force for a period of three (3) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application."

"After this policy has been in force for a period of three (3) years during the lifetime of the insured (excluding any period during which the insured is disabled), it shall become incontestable as to the statements contained in the application."

Acts 1959, No. 148, § 390; A.S.A. 1947, § 66-3605.
Ark. Code Ann. § 23-3-304 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-304
Penalties
Status: in_force

(a) Any person who knowingly does or causes to be done any act, matter, or thing prohibited or declared to be unlawful by this subchapter, or who knowingly omits or fails to do any act, matter, or thing required by this subchapter, or knowingly causes such an omission or failure, shall be punished upon conviction thereof by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or both. In addition, the violation shall be punishable upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which the offense occurs. (b) Any person who knowingly violates any rule, restriction, condition, or order made or imposed by the Arkansas Public Service Commission under authority of this subchapter shall be guilty of a violation and, in addition to any other penalties provided by law, shall be punished upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which such an offense occurs. (c) In addition, should any person consummate, by whatever means, the acquisition of any of the voting securities of a domestic public utility in violation of this subchapter, the commission upon finding that one (1) or more of the conditions set forth in § 23-3-310 exist or will exist by virtue of the acquisition, may order the immediate divestiture of so much of the voting securities held by that person as, in the commission's opinion, is necessary to remove the domestic public utility from the control of that person. Amended by Act 2019, No. 315,§ 2382, eff. 7/24/2019. Acts 1985, No. 343, § 11; A.S.A. 1947, § 73-142.11; Acts 2005, No. 1994, § 454.

(a) Any person who knowingly does or causes to be done any act, matter, or thing prohibited or declared to be unlawful by this subchapter, or who knowingly omits or fails to do any act, matter, or thing required by this subchapter, or knowingly causes such an omission or failure, shall be punished upon conviction thereof by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than two (2) years, or both. In addition, the violation shall be punishable upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which the offense occurs.

(b) Any person who knowingly violates any rule, restriction, condition, or order made or imposed by the Arkansas Public Service Commission under authority of this subchapter shall be guilty of a violation and, in addition to any other penalties provided by law, shall be punished upon conviction by a fine not exceeding five hundred dollars ($500) for each day during which such an offense occurs.

(c) In addition, should any person consummate, by whatever means, the acquisition of any of the voting securities of a domestic public utility in violation of this subchapter, the commission upon finding that one (1) or more of the conditions set forth in § 23-3-310 exist or will exist by virtue of the acquisition, may order the immediate divestiture of so much of the voting securities held by that person as, in the commission's opinion, is necessary to remove the domestic public utility from the control of that person.

Amended by Act 2019, No. 315,§ 2382, eff. 7/24/2019.

Acts 1985, No. 343, § 11; A.S.A. 1947, § 73-142.11; Acts 2005, No. 1994, § 454.
Ark. Code Ann. § 23-110-412 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-412
Record keeping by franchise holder - Audit
Status: in_force

(a) Every franchise holder conducting race meets under this chapter shall keep its books and records so as to clearly show the true number of admissions, the total amount of money contributed to each pari-mutuel pool on each race separately, and the amount of money received daily from admission fees. (b) Within thirty (30) days after the conclusion of every race meeting, the franchise holder shall submit to the Arkansas Racing Commission a complete audit of receipts and admissions. (c) Each franchise holder conducting a racing meet under the provisions of this chapter shall keep its books and records in such manner as to clearly show the total amount of moneys wagered on each race held or conducted at each meet and the disposition of those moneys. Acts 1957, No. 46, §§ 23, 25; A.S.A. 1947, §§ 84-2749, 84-2751; Acts 1987, No. 440, § 4.

(a) Every franchise holder conducting race meets under this chapter shall keep its books and records so as to clearly show the true number of admissions, the total amount of money contributed to each pari-mutuel pool on each race separately, and the amount of money received daily from admission fees.

(b) Within thirty (30) days after the conclusion of every race meeting, the franchise holder shall submit to the Arkansas Racing Commission a complete audit of receipts and admissions.

(c) Each franchise holder conducting a racing meet under the provisions of this chapter shall keep its books and records in such manner as to clearly show the total amount of moneys wagered on each race held or conducted at each meet and the disposition of those moneys.

Acts 1957, No. 46, §§ 23, 25; A.S.A. 1947, §§ 84-2749, 84-2751; Acts 1987, No. 440, § 4.
Ark. Code Ann. § 23-32-406 — AR Code / Title 23 / Chapter 32 / Subchapter 4 / Section 23-32-406
Transaction of general business not authorized
Status: in_force

Nothing in this subchapter shall be construed as authorizing investor companies to transact the general business of a chartered bank or trust company, or any business in this state, except as herein provided. Acts 1997, No. 88, § 6.

Nothing in this subchapter shall be construed as authorizing investor companies to transact the general business of a chartered bank or trust company, or any business in this state, except as herein provided.

Acts 1997, No. 88, § 6.
Ark. Code Ann. § 23-17-213 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-213
Organizational meeting
Status: in_force

(a) After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as may properly come before the meeting. (b) The incorporators calling the meeting shall give at least three (3) days' notice thereof by mail to each incorporator. The notice shall state the time and place of the meeting. Acts 1951, No. 51, § 11; A.S.A. 1947, § 77-1611.

(a) After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as may properly come before the meeting.

(b) The incorporators calling the meeting shall give at least three (3) days' notice thereof by mail to each incorporator. The notice shall state the time and place of the meeting.

Acts 1951, No. 51, § 11; A.S.A. 1947, § 77-1611.
Ark. Code Ann. § 23-14-113 — AR Code / Title 23 / Chapter 14 / Section 23-14-113
Certificates - Evidence of compliance with other laws required
Status: in_force

No certificate shall be issued to any person to operate as a common carrier by aircraft unless the applicant submits evidence satisfactory to the Arkansas Department of Transportation showing that it will comply with the provisions of the laws of the United States and the lawful rules, regulations, and orders thereunder respecting safety of operations, rules, and the provisions of the laws of Arkansas with respect to the right to use such airports, air lanes, and aircraft as may be necessary in order properly to conduct the proposed operations and observe proper standards of safety in the operation or navigation of aircraft. Acts 1945, No. 252, § 7; A.S.A. 1947, § 74-407.

No certificate shall be issued to any person to operate as a common carrier by aircraft unless the applicant submits evidence satisfactory to the Arkansas Department of Transportation showing that it will comply with the provisions of the laws of the United States and the lawful rules, regulations, and orders thereunder respecting safety of operations, rules, and the provisions of the laws of Arkansas with respect to the right to use such airports, air lanes, and aircraft as may be necessary in order properly to conduct the proposed operations and observe proper standards of safety in the operation or navigation of aircraft.

Acts 1945, No. 252, § 7; A.S.A. 1947, § 74-407.
Ark. Code Ann. § 23-61-808 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-808
[Repealed]
Status: repealed

Repealed by Act 2019, No. 107,§ 5, eff. 3/15/2019. Added by Act 2015, No. 871,§ 32, eff. 4/1/2015.

Repealed by Act 2019, No. 107,§ 5, eff. 3/15/2019.

Added by Act 2015, No. 871,§ 32, eff. 4/1/2015.
Ark. Code Ann. § 23-63-1301 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Risk-Based Capital Act". Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

This subchapter shall be known and may be cited as the "Risk-Based Capital Act".

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-51-198 — AR Code / Title 23 / Chapter 51 / Section 23-51-198
Choice of law governing trusts
Status: in_force

Any trust institution that maintains a trust office in this state and its affected clients may designate either this state, a state where affected clients reside, or the state where the trust institution has its principal office as the state whose laws shall govern any written agreement between the trust institution and its client or any instrument under which the trust institution acts for a client. Acts 1997, No. 940, § 98.

Any trust institution that maintains a trust office in this state and its affected clients may designate either this state, a state where affected clients reside, or the state where the trust institution has its principal office as the state whose laws shall govern any written agreement between the trust institution and its client or any instrument under which the trust institution acts for a client.

Acts 1997, No. 940, § 98.
Ark. Code Ann. § 23-112-203 — AR Code / Title 23 / Chapter 112 / Subchapter 2 / Section 23-112-203
Director of the Arkansas Motor Vehicle Commission
Status: in_force

(a) (1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his or her salary and shall define and prescribe the duties of the director. (2) The director shall be in charge of the office of the Arkansas Motor Vehicle Commission and shall devote such time to the duties thereof as may be necessary. (3) The duties of the director shall include, but shall not be limited to, the collection of all fees and charges under the provisions of this chapter, keeping a record of all proceedings of the commission, and keeping an accurate account of all moneys received and disbursed by the commission, all of which records shall be considered as public records. (b) The commission may employ in consultation with the secretary such clerical and professional help and incur such expenses as may be reasonably necessary for the proper discharge of its duties under this chapter. (c) Except as provided in this chapter, the commission shall maintain its office and transact its business at Little Rock. Amended by Act 2019, No. 910,§ 5526, eff. 7/1/2019. Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1995, No. 568, § 3.

(a) (1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his or her salary and shall define and prescribe the duties of the director. (2) The director shall be in charge of the office of the Arkansas Motor Vehicle Commission and shall devote such time to the duties thereof as may be necessary. (3) The duties of the director shall include, but shall not be limited to, the collection of all fees and charges under the provisions of this chapter, keeping a record of all proceedings of the commission, and keeping an accurate account of all moneys received and disbursed by the commission, all of which records shall be considered as public records.

(1) The Arkansas Motor Vehicle Commission in consultation with the Secretary of the Department of Labor and Licensing shall employ a qualified person to serve as Director of the Arkansas Motor Vehicle Commission, to serve at the pleasure of the commission, and shall fix his or her salary and shall define and prescribe the duties of the director.

(2) The director shall be in charge of the office of the Arkansas Motor Vehicle Commission and shall devote such time to the duties thereof as may be necessary.

(3) The duties of the director shall include, but shall not be limited to, the collection of all fees and charges under the provisions of this chapter, keeping a record of all proceedings of the commission, and keeping an accurate account of all moneys received and disbursed by the commission, all of which records shall be considered as public records.

(b) The commission may employ in consultation with the secretary such clerical and professional help and incur such expenses as may be reasonably necessary for the proper discharge of its duties under this chapter.

(c) Except as provided in this chapter, the commission shall maintain its office and transact its business at Little Rock.

Amended by Act 2019, No. 910,§ 5526, eff. 7/1/2019.

Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1995, No. 568, § 3.
Ark. Code Ann. § 23-37-202 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-202
Disclosure of information
Status: in_force

It shall be unlawful for any member of the Savings and Loan Association Board [abolished], the Supervisor of Savings and Loan Associations, or any employee of the state to divulge any information concerning an association acquired in the discharge of their duties under this chapter, except: (1) Information that is contained in any published report issued by any association; (2) Information as to the condition of any association requested by the Federal Home Loan Bank Board [abolished], the Federal Savings and Loan Insurance Corporation [abolished], any Federal Home Loan bank, or the savings and loan association departments of any other state; or (3) When directed by a court of competent jurisdiction to give information or evidence concerning an association. Acts 1963, No. 227, § 3; A.S.A. 1947, § 67-1803.

It shall be unlawful for any member of the Savings and Loan Association Board [abolished], the Supervisor of Savings and Loan Associations, or any employee of the state to divulge any information concerning an association acquired in the discharge of their duties under this chapter, except:

(1) Information that is contained in any published report issued by any association;

(2) Information as to the condition of any association requested by the Federal Home Loan Bank Board [abolished], the Federal Savings and Loan Insurance Corporation [abolished], any Federal Home Loan bank, or the savings and loan association departments of any other state; or

(3) When directed by a court of competent jurisdiction to give information or evidence concerning an association.

Acts 1963, No. 227, § 3; A.S.A. 1947, § 67-1803.
Ark. Code Ann. § 23-85-132 — AR Code / Title 23 / Chapter 85 / Section 23-85-132
Reduction of benefits due to other insurance contracts prohibited
Status: in_force

(a) No contract of individual accident and health insurance or health coverage sold, delivered, or issued for delivery or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care shall contain a provision reducing the benefit that would otherwise be payable to the individual in the absence of other insurance or health coverage if the reduction of benefits is due solely to the existence of one (1) or more additional contracts providing benefits to that individual unless the reduction complies with coordination of benefit rules adopted by the Insurance Commissioner. (b) No contract of individual accident and health insurance sold, delivered, or issued for delivery or offered for sale in this state providing disability income coverage shall contain any provision for the denial or reduction of benefits because of the existence of other insurance, except as provided in § 23-85-122 or any coverages approved by the commissioner pursuant thereto and except that the benefits may be reduced to offset disability income benefits payable under the Social Security Act. (c) The commissioner may issue rules to implement this section, including, but not limited to, rules as to the amount of reductions and the nature and timing of proofs of eligibility for Social Security benefits. Amended by Act 2019, No. 315,§ 2743, eff. 7/24/2019. Acts 1971, No. 346, §§ 1, 2; 1981, No. 809, §§ 15, 16; A.S.A. 1947, §§ 66-3634, 66-3635; Acts 1999, No. 624, § 1; 2001, No. 909, § 8.

(a) No contract of individual accident and health insurance or health coverage sold, delivered, or issued for delivery or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care shall contain a provision reducing the benefit that would otherwise be payable to the individual in the absence of other insurance or health coverage if the reduction of benefits is due solely to the existence of one (1) or more additional contracts providing benefits to that individual unless the reduction complies with coordination of benefit rules adopted by the Insurance Commissioner.

(b) No contract of individual accident and health insurance sold, delivered, or issued for delivery or offered for sale in this state providing disability income coverage shall contain any provision for the denial or reduction of benefits because of the existence of other insurance, except as provided in § 23-85-122 or any coverages approved by the commissioner pursuant thereto and except that the benefits may be reduced to offset disability income benefits payable under the Social Security Act.

(c) The commissioner may issue rules to implement this section, including, but not limited to, rules as to the amount of reductions and the nature and timing of proofs of eligibility for Social Security benefits.

Amended by Act 2019, No. 315,§ 2743, eff. 7/24/2019.

Acts 1971, No. 346, §§ 1, 2; 1981, No. 809, §§ 15, 16; A.S.A. 1947, §§ 66-3634, 66-3635; Acts 1999, No. 624, § 1; 2001, No. 909, § 8.
Ark. Code Ann. § 23-99-512 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-512
Out-of-network providers
Status: in_force

In the case of a health benefit plan that provides both medical benefits and mental illness benefits, if the health benefit plan provides coverage for medical benefits provided by out-of-network providers, the health benefit plan shall provide coverage for mental illness benefits provided by out-of-network providers pursuant to this subchapter. Acts 2009, No. 1193, § 11.

In the case of a health benefit plan that provides both medical benefits and mental illness benefits, if the health benefit plan provides coverage for medical benefits provided by out-of-network providers, the health benefit plan shall provide coverage for mental illness benefits provided by out-of-network providers pursuant to this subchapter.

Acts 2009, No. 1193, § 11.
Ark. Code Ann. § 23-66-702 — AR Code / Title 23 / Chapter 66 / Subchapter 7 / Section 23-66-702
Drug Enforcement Administration registry numbers - Definition
Status: in_force

(a) Health carriers shall not require physicians, pharmacists, or other persons or entities to disclose a physician's United States Drug Enforcement Administration registry number for the purposes of identification, payment to a pharmacist, reimbursement of a patient, or any other reason. (b) "Health carrier" means any insurance company or health maintenance organization subject to the following laws: (1) The Arkansas Insurance Code; (2) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (3) Any successor laws of the foregoing. (c) Nothing in this section shall be construed to prohibit a health carrier, as part of the credentialing process, from requesting evidence that the physician has a valid United States Drug Enforcement Administration certificate. Acts 1999, No. 1302, § 2.

(a) Health carriers shall not require physicians, pharmacists, or other persons or entities to disclose a physician's United States Drug Enforcement Administration registry number for the purposes of identification, payment to a pharmacist, reimbursement of a patient, or any other reason.

(b) "Health carrier" means any insurance company or health maintenance organization subject to the following laws: (1) The Arkansas Insurance Code; (2) Section 23-76-101 et seq., pertaining to health maintenance organizations; and (3) Any successor laws of the foregoing.

(1) The Arkansas Insurance Code;

(2) Section 23-76-101 et seq., pertaining to health maintenance organizations; and

(3) Any successor laws of the foregoing.

(c) Nothing in this section shall be construed to prohibit a health carrier, as part of the credentialing process, from requesting evidence that the physician has a valid United States Drug Enforcement Administration certificate.

Acts 1999, No. 1302, § 2.
Ark. Code Ann. § 23-77-102 — AR Code / Title 23 / Chapter 77 / Section 23-77-102
Exclusive authority of chapter
Status: in_force

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of automobile clubs or associations within this state, and the automobile clubs or associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character, except as to the conduct of hearings by the Insurance Commissioner and appeals therefrom. (b) However, this chapter shall not affect the validity of any membership certificate of any automobile club or association issued and outstanding prior to March 24, 1955. Acts 1955, No. 377, § 8; A.S.A. 1947, § 75-1608.

(a) This chapter shall be deemed and held exclusive authority for the organization and operation of automobile clubs or associations within this state, and the automobile clubs or associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character, except as to the conduct of hearings by the Insurance Commissioner and appeals therefrom.

(b) However, this chapter shall not affect the validity of any membership certificate of any automobile club or association issued and outstanding prior to March 24, 1955.

Acts 1955, No. 377, § 8; A.S.A. 1947, § 75-1608.
Ark. Code Ann. § 23-48-703 — AR Code / Title 23 / Chapter 48 / Subchapter 7 / Section 23-48-703
Establishment of full-service branch - Standards and procedure
Status: in_force

(a) The Bank Commissioner shall have the authority to approve the application of a state bank to establish a full-service branch if the commissioner determines that the establishment of the full-service branch is consistent with: (1) Maintaining a sound banking system; (2) Encouraging the bank to help meet the credit needs of the community; (3) Relying on the marketplace as generally the best regulator of economic activity; and (4) Encouraging healthy competition to promote efficiency and better service to customers. (b) The sponsor of a full-service branch application may file an application with the commissioner by: (1) Paying a filing fee established by State Bank Department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500); and (2) Not less than thirty (30) days prior to filing the application, publishing notice of the application one (1) time per week for four (4) consecutive weeks in a newspaper of statewide circulation. (c) The commissioner: (1) May establish by rule an expedited application process and procedure for the approval of a healthy bank full-service branch application; and (2) Shall approve a healthy bank full-service branch application unless the commissioner determines that approving the application is not consistent with the standards provided in subsection (a) of this section. (d) (1) The commissioner shall give notice of the filing of an application under subsection (b) or subsection (c) of this section to all Arkansas state-chartered banks with a bank or a full service branch currently open and operating within the market area of the proposed new branch. (2) The procedure for giving notice and the parameters of the market area shall be established by department rule. (e) (1) A written protest to a full-service branch application may be filed with the commissioner within fifteen (15) days of the filing of the application. (2) The protest shall include: (A) A detailed explanation of the protesting party's reasons why the commissioner should deny the application; and (B) A filing fee established by department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500). (f) The commissioner may conduct an adjudicatory or administrative hearing on a full-service branch application. (g) (1) The commissioner shall issue an order accepting or rejecting a full-service branch application within a reasonable period of time following the expiration of the fifteen-day protest period under subdivision (e)(1) of this section. (2) The order shall include specific findings of fact and conclusions of law concerning whether the establishment of the full-service branch is consistent with the standards provided in subsection (a) of this section. (h) Within thirty (30) days after the commissioner issues an order accepting or rejecting a full-service branch application, an applicant or a party that filed a protest to the full-service branch application may appeal the commissioner's order to the circuit court of the county where the full-service branch will be established. Amended by Act 2019, No. 315,§ 2551, eff. 7/24/2019. Acts 1997, No. 89, § 1; 1999, No. 113, § 7; 2007, No. 42, § 3.

(a) The Bank Commissioner shall have the authority to approve the application of a state bank to establish a full-service branch if the commissioner determines that the establishment of the full-service branch is consistent with: (1) Maintaining a sound banking system; (2) Encouraging the bank to help meet the credit needs of the community; (3) Relying on the marketplace as generally the best regulator of economic activity; and (4) Encouraging healthy competition to promote efficiency and better service to customers.

(1) Maintaining a sound banking system;

(2) Encouraging the bank to help meet the credit needs of the community;

(3) Relying on the marketplace as generally the best regulator of economic activity; and

(4) Encouraging healthy competition to promote efficiency and better service to customers.

(b) The sponsor of a full-service branch application may file an application with the commissioner by: (1) Paying a filing fee established by State Bank Department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500); and (2) Not less than thirty (30) days prior to filing the application, publishing notice of the application one (1) time per week for four (4) consecutive weeks in a newspaper of statewide circulation.

(1) Paying a filing fee established by State Bank Department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500); and

(2) Not less than thirty (30) days prior to filing the application, publishing notice of the application one (1) time per week for four (4) consecutive weeks in a newspaper of statewide circulation.

(c) The commissioner: (1) May establish by rule an expedited application process and procedure for the approval of a healthy bank full-service branch application; and (2) Shall approve a healthy bank full-service branch application unless the commissioner determines that approving the application is not consistent with the standards provided in subsection (a) of this section.

(1) May establish by rule an expedited application process and procedure for the approval of a healthy bank full-service branch application; and

(2) Shall approve a healthy bank full-service branch application unless the commissioner determines that approving the application is not consistent with the standards provided in subsection (a) of this section.

(d) (1) The commissioner shall give notice of the filing of an application under subsection (b) or subsection (c) of this section to all Arkansas state-chartered banks with a bank or a full service branch currently open and operating within the market area of the proposed new branch. (2) The procedure for giving notice and the parameters of the market area shall be established by department rule.

(1) The commissioner shall give notice of the filing of an application under subsection (b) or subsection (c) of this section to all Arkansas state-chartered banks with a bank or a full service branch currently open and operating within the market area of the proposed new branch.

(2) The procedure for giving notice and the parameters of the market area shall be established by department rule.

(e) (1) A written protest to a full-service branch application may be filed with the commissioner within fifteen (15) days of the filing of the application. (2) The protest shall include: (A) A detailed explanation of the protesting party's reasons why the commissioner should deny the application; and (B) A filing fee established by department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500).

(1) A written protest to a full-service branch application may be filed with the commissioner within fifteen (15) days of the filing of the application.

(2) The protest shall include: (A) A detailed explanation of the protesting party's reasons why the commissioner should deny the application; and (B) A filing fee established by department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500).

(A) A detailed explanation of the protesting party's reasons why the commissioner should deny the application; and

(B) A filing fee established by department rule of not less than three hundred dollars ($300) nor more than five hundred dollars ($500).

(f) The commissioner may conduct an adjudicatory or administrative hearing on a full-service branch application.

(g) (1) The commissioner shall issue an order accepting or rejecting a full-service branch application within a reasonable period of time following the expiration of the fifteen-day protest period under subdivision (e)(1) of this section. (2) The order shall include specific findings of fact and conclusions of law concerning whether the establishment of the full-service branch is consistent with the standards provided in subsection (a) of this section.

(1) The commissioner shall issue an order accepting or rejecting a full-service branch application within a reasonable period of time following the expiration of the fifteen-day protest period under subdivision (e)(1) of this section.

(2) The order shall include specific findings of fact and conclusions of law concerning whether the establishment of the full-service branch is consistent with the standards provided in subsection (a) of this section.

(h) Within thirty (30) days after the commissioner issues an order accepting or rejecting a full-service branch application, an applicant or a party that filed a protest to the full-service branch application may appeal the commissioner's order to the circuit court of the county where the full-service branch will be established.

Amended by Act 2019, No. 315,§ 2551, eff. 7/24/2019.

Acts 1997, No. 89, § 1; 1999, No. 113, § 7; 2007, No. 42, § 3.
Ark. Code Ann. § 23-17-516 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-516
Indemnification, insurance, and bonding
Status: in_force

(a) An authority may adopt reasonable indemnification, insurance, and bonding requirements related to the deployment of small wireless facilities and associated poles under this subchapter. (b) (1) An authority may require a wireless provider to defend, indemnify, and hold harmless the authority and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees resulting from the installation, construction, repair, replacement, operation, or maintenance of poles, small wireless facilities, or attachments to authority poles to the extent directly caused by the negligence of the wireless provider, its contractors, subcontractors and their officers, employees, or agents. (2) A wireless provider has no obligation to defend, indemnify, or hold harmless an authority or its officers, agents, or employees against any liabilities or losses due to or caused by the sole negligence of the authority or its employees or agents. (c) (1) An authority may require a wireless provider to have in effect insurance coverage against the claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees described in subsection (b) of this section, so long as the authority imposes similar requirements on other right-of-way users and the requirements are reasonable and nondiscriminatory, and provided that an authority does not require a wireless provider to obtain insurance naming the authority or its officers and employees as additional insureds. (2) (A) A wireless provider with net assets of at least five hundred million dollars ($500,000,000), including the assets of its affiliates, may self-insure as to any required coverage. (B) An authority may require reasonable proof that the wireless provider is eligible under subdivision (c)(2)(A) of this section to self-insure. (C) A wireless provider shall immediately notify each authority in which the wireless provider has obtained permits of any change in its self-insured status as to any coverage required under this subsection, and of any change in the ability of the wireless provider to cover the losses specified in subdivision (c)(1) of this section. (d) (1) An authority may adopt bonding requirements for small wireless facility collocations if the authority imposes similar requirements in connection with other right-of-way users. (2) The purpose of the bonds shall be to: (A) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety, or welfare; and (B) Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure. (3) (A) Bonding requirements shall not exceed one thousand dollars ($1,000) per small wireless facility. (B) For wireless providers with multiple small wireless facilities within the jurisdiction of a single authority, the total bond amount across all facilities may not exceed ten thousand dollars ($10,000), which amount may be combined into a single bond instrument. (C) An authority may waive bonding requirements for a wireless provider that already maintains bonding for other operations. (D) An authority shall not require a cash bond, unless either of the following applies: (i) The wireless provider has failed to obtain or maintain a bond required under this section; or (ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) An authority may adopt reasonable indemnification, insurance, and bonding requirements related to the deployment of small wireless facilities and associated poles under this subchapter.

(b) (1) An authority may require a wireless provider to defend, indemnify, and hold harmless the authority and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees resulting from the installation, construction, repair, replacement, operation, or maintenance of poles, small wireless facilities, or attachments to authority poles to the extent directly caused by the negligence of the wireless provider, its contractors, subcontractors and their officers, employees, or agents. (2) A wireless provider has no obligation to defend, indemnify, or hold harmless an authority or its officers, agents, or employees against any liabilities or losses due to or caused by the sole negligence of the authority or its employees or agents.

(1) An authority may require a wireless provider to defend, indemnify, and hold harmless the authority and its officers, agents, and employees against any claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees resulting from the installation, construction, repair, replacement, operation, or maintenance of poles, small wireless facilities, or attachments to authority poles to the extent directly caused by the negligence of the wireless provider, its contractors, subcontractors and their officers, employees, or agents.

(2) A wireless provider has no obligation to defend, indemnify, or hold harmless an authority or its officers, agents, or employees against any liabilities or losses due to or caused by the sole negligence of the authority or its employees or agents.

(c) (1) An authority may require a wireless provider to have in effect insurance coverage against the claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees described in subsection (b) of this section, so long as the authority imposes similar requirements on other right-of-way users and the requirements are reasonable and nondiscriminatory, and provided that an authority does not require a wireless provider to obtain insurance naming the authority or its officers and employees as additional insureds. (2) (A) A wireless provider with net assets of at least five hundred million dollars ($500,000,000), including the assets of its affiliates, may self-insure as to any required coverage. (B) An authority may require reasonable proof that the wireless provider is eligible under subdivision (c)(2)(A) of this section to self-insure. (C) A wireless provider shall immediately notify each authority in which the wireless provider has obtained permits of any change in its self-insured status as to any coverage required under this subsection, and of any change in the ability of the wireless provider to cover the losses specified in subdivision (c)(1) of this section.

(1) An authority may require a wireless provider to have in effect insurance coverage against the claims, demands, damages, lawsuits, judgments, costs, liens, losses, expenses, and attorney's fees described in subsection (b) of this section, so long as the authority imposes similar requirements on other right-of-way users and the requirements are reasonable and nondiscriminatory, and provided that an authority does not require a wireless provider to obtain insurance naming the authority or its officers and employees as additional insureds.

(2) (A) A wireless provider with net assets of at least five hundred million dollars ($500,000,000), including the assets of its affiliates, may self-insure as to any required coverage. (B) An authority may require reasonable proof that the wireless provider is eligible under subdivision (c)(2)(A) of this section to self-insure. (C) A wireless provider shall immediately notify each authority in which the wireless provider has obtained permits of any change in its self-insured status as to any coverage required under this subsection, and of any change in the ability of the wireless provider to cover the losses specified in subdivision (c)(1) of this section.

(A) A wireless provider with net assets of at least five hundred million dollars ($500,000,000), including the assets of its affiliates, may self-insure as to any required coverage.

(B) An authority may require reasonable proof that the wireless provider is eligible under subdivision (c)(2)(A) of this section to self-insure.

(C) A wireless provider shall immediately notify each authority in which the wireless provider has obtained permits of any change in its self-insured status as to any coverage required under this subsection, and of any change in the ability of the wireless provider to cover the losses specified in subdivision (c)(1) of this section.

(d) (1) An authority may adopt bonding requirements for small wireless facility collocations if the authority imposes similar requirements in connection with other right-of-way users. (2) The purpose of the bonds shall be to: (A) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety, or welfare; and (B) Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure. (3) (A) Bonding requirements shall not exceed one thousand dollars ($1,000) per small wireless facility. (B) For wireless providers with multiple small wireless facilities within the jurisdiction of a single authority, the total bond amount across all facilities may not exceed ten thousand dollars ($10,000), which amount may be combined into a single bond instrument. (C) An authority may waive bonding requirements for a wireless provider that already maintains bonding for other operations. (D) An authority shall not require a cash bond, unless either of the following applies: (i) The wireless provider has failed to obtain or maintain a bond required under this section; or (ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.

(1) An authority may adopt bonding requirements for small wireless facility collocations if the authority imposes similar requirements in connection with other right-of-way users.

(2) The purpose of the bonds shall be to: (A) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety, or welfare; and (B) Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure.

(A) Provide for the removal of abandoned or improperly maintained small wireless facilities, including those that an authority determines need to be removed to protect public health, safety, or welfare; and

(B) Recoup rates or fees that have not been paid by a wireless provider in over twelve (12) months, so long as the wireless provider has received reasonable notice from the authority of any of the noncompliance listed above and an opportunity to cure.

(3) (A) Bonding requirements shall not exceed one thousand dollars ($1,000) per small wireless facility. (B) For wireless providers with multiple small wireless facilities within the jurisdiction of a single authority, the total bond amount across all facilities may not exceed ten thousand dollars ($10,000), which amount may be combined into a single bond instrument. (C) An authority may waive bonding requirements for a wireless provider that already maintains bonding for other operations. (D) An authority shall not require a cash bond, unless either of the following applies: (i) The wireless provider has failed to obtain or maintain a bond required under this section; or (ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.

(A) Bonding requirements shall not exceed one thousand dollars ($1,000) per small wireless facility.

(B) For wireless providers with multiple small wireless facilities within the jurisdiction of a single authority, the total bond amount across all facilities may not exceed ten thousand dollars ($10,000), which amount may be combined into a single bond instrument.

(C) An authority may waive bonding requirements for a wireless provider that already maintains bonding for other operations.

(D) An authority shall not require a cash bond, unless either of the following applies: (i) The wireless provider has failed to obtain or maintain a bond required under this section; or (ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.

(i) The wireless provider has failed to obtain or maintain a bond required under this section; or

(ii) The surety has defaulted or failed to perform on a bond given to the authority on behalf of the wireless provider.

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

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-10-101 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-101
Definition
Status: in_force

As used in this act, unless the context otherwise requires, "railroad" or "railroad corporation" means all corporations, companies, or individuals owning or operating any railroad in this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver. Acts 1887, No. 81, § 11, p. 113; C. & M. Dig., § 842; Pope's Dig., § 1046; A.S.A. 1947, § 73-1509.

As used in this act, unless the context otherwise requires, "railroad" or "railroad corporation" means all corporations, companies, or individuals owning or operating any railroad in this state whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver.

Acts 1887, No. 81, § 11, p. 113; C. & M. Dig., § 842; Pope's Dig., § 1046; A.S.A. 1947, § 73-1509.
Ark. Code Ann. § 23-4-713 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-713
Reduced rate tickets allowed
Status: in_force

Nothing in this act shall be so construed as to prevent any person or corporation operating a railroad in this state from issuing or selling at reduced rates emigrant, excursion, or commutation tickets, or from carrying free or at reduced rates any property for schools, churches, fairs, exhibitions, or charitable institutions, or for this state or the United States Government, or any of the United States. Acts 1899, No. 53, § 12, p. 82; C. & M. Dig., § 876; Pope's Dig., § 1080; A.S.A. 1947, § 73-1515.

Nothing in this act shall be so construed as to prevent any person or corporation operating a railroad in this state from issuing or selling at reduced rates emigrant, excursion, or commutation tickets, or from carrying free or at reduced rates any property for schools, churches, fairs, exhibitions, or charitable institutions, or for this state or the United States Government, or any of the United States.

Acts 1899, No. 53, § 12, p. 82; C. & M. Dig., § 876; Pope's Dig., § 1080; A.S.A. 1947, § 73-1515.
Ark. Code Ann. § 23-35-702 — AR Code / Title 23 / Chapter 35 / Subchapter 7 / Section 23-35-702
Conversion to or from federal credit union
Status: in_force

The State Credit Union Supervisor shall issue rules to permit the conversion of a credit union operating under this chapter to a federal credit union and the conversion of a federal credit union to a credit union operating under this chapter. Amended by Act 2019, No. 315,§ 2491, eff. 7/24/2019. Acts 1971, No. 132, § 36; A.S.A. 1947, § 67-936.

The State Credit Union Supervisor shall issue rules to permit the conversion of a credit union operating under this chapter to a federal credit union and the conversion of a federal credit union to a credit union operating under this chapter.

Amended by Act 2019, No. 315,§ 2491, eff. 7/24/2019.

Acts 1971, No. 132, § 36; A.S.A. 1947, § 67-936.
Ark. Code Ann. § 23-63-821 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-821
Policy loans
Status: in_force

(a) A life insurer may lend to its policyholder upon pledge of the policy as collateral security any sum not exceeding the cash surrender value of the policy or may lend against pledge or assignment of any of its supplementary contracts or its other contracts or obligations, so long as the loan is adequately secured by the pledge or assignment. (b) Loans so made are eligible investments of the insurer. Acts 1959, No. 148, § 117; A.S.A. 1947, § 66-2621.

(a) A life insurer may lend to its policyholder upon pledge of the policy as collateral security any sum not exceeding the cash surrender value of the policy or may lend against pledge or assignment of any of its supplementary contracts or its other contracts or obligations, so long as the loan is adequately secured by the pledge or assignment.

(b) Loans so made are eligible investments of the insurer.

Acts 1959, No. 148, § 117; A.S.A. 1947, § 66-2621.
Ark. Code Ann. § 23-61-102 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-102
Insurance Commissioner
Status: in_force

(a) The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age. (b) The commissioner shall serve at the pleasure of the Governor and shall report to the Secretary of the Department of Commerce. (c) The commissioner shall take and subscribe to the usual oath of office. (d) The commissioner shall receive the salary provided by law. (e) (1) At the time of taking office, the commissioner shall execute bond to the State of Arkansas in the sum of fifty thousand dollars ($50,000) for the faithful performance of his or her duties. (2) The form and surety of the bond shall be subject to the approval of the Secretary of the Department of Commerce and the Auditor of State. (3) An authorized surety insurer shall be the surety on the bond. (f) (1) The commissioner shall have an official seal. (2) All certificates issued by the commissioner shall bear his or her seal. (3) Every document executed by the commissioner pursuant to law and bearing his or her official seal shall be received as evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged. Amended by Act 2019, No. 910,§ 592, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 591, eff. 7/1/2019. Acts 1959, No. 148, §§ 17, 18; A.S.A. 1947, §§ 66-2102, 66-2103; Acts 2009, No. 149, § 1.

(a) The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age.

(b) The commissioner shall serve at the pleasure of the Governor and shall report to the Secretary of the Department of Commerce.

(c) The commissioner shall take and subscribe to the usual oath of office.

(d) The commissioner shall receive the salary provided by law.

(e) (1) At the time of taking office, the commissioner shall execute bond to the State of Arkansas in the sum of fifty thousand dollars ($50,000) for the faithful performance of his or her duties. (2) The form and surety of the bond shall be subject to the approval of the Secretary of the Department of Commerce and the Auditor of State. (3) An authorized surety insurer shall be the surety on the bond.

(1) At the time of taking office, the commissioner shall execute bond to the State of Arkansas in the sum of fifty thousand dollars ($50,000) for the faithful performance of his or her duties.

(2) The form and surety of the bond shall be subject to the approval of the Secretary of the Department of Commerce and the Auditor of State.

(3) An authorized surety insurer shall be the surety on the bond.

(f) (1) The commissioner shall have an official seal. (2) All certificates issued by the commissioner shall bear his or her seal. (3) Every document executed by the commissioner pursuant to law and bearing his or her official seal shall be received as evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged.

(1) The commissioner shall have an official seal.

(2) All certificates issued by the commissioner shall bear his or her seal.

(3) Every document executed by the commissioner pursuant to law and bearing his or her official seal shall be received as evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged.

Amended by Act 2019, No. 910,§ 592, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 591, eff. 7/1/2019.

Acts 1959, No. 148, §§ 17, 18; A.S.A. 1947, §§ 66-2102, 66-2103; Acts 2009, No. 149, § 1.
Ark. Code Ann. § 23-99-1001 — AR Code / Title 23 / Chapter 99 / Subchapter 10 / Section 23-99-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Vision Care Plan Act of 2015". Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Vision Care Plan Act of 2015".

Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-78-124 — AR Code / Title 23 / Chapter 78 / Section 23-78-124
Revocation of certificate, license, charter, etc. - Hearing
Status: in_force

(a) Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall set the matter down for a hearing. (b) At least twenty (20) days prior to the date set for the hearing, the board shall notify in writing the burial association or person holding a license of any charges made. (c) The board shall afford the burial association or person an opportunity to be heard, at which hearing the association or person may be represented by counsel and shall be allowed oral testimony, affidavits, or depositions in reference thereto. (d) (1) The board shall have power to subpoena and bring before it any person in this state or take the testimony by deposition of any person with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (2) The board shall also have the power to order the production of any books, records, and documents at the hearing. (e) (1) If the board determines that the burial association or person is guilty of a violation of any provisions of this chapter, its or his or her certificate of authority, charter, license, or other authority shall be revoked. (2) However, if the burial association or person gives notice of appeal from any adverse decision of the board as set forth in § 23-78-125 , then the burial association or person may, at the discretion of the board, continue to operate during the pendency of the appeal. (3) If the board chooses not to permit the association or person to operate during the pendency of the appeal, then the board shall appoint a person to conduct the business of the association or person until the appeal has been heard. Amended by Act 2017, No. 788,§ 89, eff. 7/1/2018. Acts 1953, No. 91, § 17; 1981, No. 360, § 4; A.S.A. 1947, § 66-1817.

(a) Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall set the matter down for a hearing.

(b) At least twenty (20) days prior to the date set for the hearing, the board shall notify in writing the burial association or person holding a license of any charges made.

(c) The board shall afford the burial association or person an opportunity to be heard, at which hearing the association or person may be represented by counsel and shall be allowed oral testimony, affidavits, or depositions in reference thereto.

(d) (1) The board shall have power to subpoena and bring before it any person in this state or take the testimony by deposition of any person with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed. (2) The board shall also have the power to order the production of any books, records, and documents at the hearing.

(1) The board shall have power to subpoena and bring before it any person in this state or take the testimony by deposition of any person with the same fees and mileage and in the same manner as prescribed by law in judicial procedure in courts of this state in civil cases. The fees and mileage shall be paid by the party at whose request the witness is subpoenaed.

(2) The board shall also have the power to order the production of any books, records, and documents at the hearing.

(e) (1) If the board determines that the burial association or person is guilty of a violation of any provisions of this chapter, its or his or her certificate of authority, charter, license, or other authority shall be revoked. (2) However, if the burial association or person gives notice of appeal from any adverse decision of the board as set forth in § 23-78-125 , then the burial association or person may, at the discretion of the board, continue to operate during the pendency of the appeal. (3) If the board chooses not to permit the association or person to operate during the pendency of the appeal, then the board shall appoint a person to conduct the business of the association or person until the appeal has been heard.

(1) If the board determines that the burial association or person is guilty of a violation of any provisions of this chapter, its or his or her certificate of authority, charter, license, or other authority shall be revoked.

(2) However, if the burial association or person gives notice of appeal from any adverse decision of the board as set forth in § 23-78-125 , then the burial association or person may, at the discretion of the board, continue to operate during the pendency of the appeal.

(3) If the board chooses not to permit the association or person to operate during the pendency of the appeal, then the board shall appoint a person to conduct the business of the association or person until the appeal has been heard.

Amended by Act 2017, No. 788,§ 89, eff. 7/1/2018.

Acts 1953, No. 91, § 17; 1981, No. 360, § 4; A.S.A. 1947, § 66-1817.
Ark. Code Ann. § 23-10-423 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-423
Package freight unloaded by railroad - Storage charges
Status: in_force

(a) All package freight unloaded by railroad companies in their depots and warehouses and all freight unloaded in the yard space of a railroad company in order to release cars and which has not been removed by the owner thereof from the custody of the railroad company within forty-eight (48) hours, computing from 7:00 a.m. of the day following legal notice of arrival, may be subject to the charge of storage for each day or fraction of a day it may remain in the custody of the railroad company, as follows: (1) On less than carloads, not more than one cent (1¢) per one hundred pounds (100 lbs.) per day, or fraction of a day; and (2) In carload quantities, not more than ten cents (10¢) per ton of two thousand pounds (2,000 lbs.) per day or fraction of a day, but not exceeding one dollar ($1.00) per car per day, or fraction of a day. (b) In no case shall the amount so collected for storage of a less-than-carload shipment exceed the amount authorized to be charged as storage on a carload of similar freight for the same length of time when not unloaded from a car, as provided by § 23-10-424 . Acts 1907, No. 193, § 9, p. 453; C. & M. Dig., § 904; Pope's Dig., § 1108; A.S.A. 1947, § 73-1318.

(a) All package freight unloaded by railroad companies in their depots and warehouses and all freight unloaded in the yard space of a railroad company in order to release cars and which has not been removed by the owner thereof from the custody of the railroad company within forty-eight (48) hours, computing from 7:00 a.m. of the day following legal notice of arrival, may be subject to the charge of storage for each day or fraction of a day it may remain in the custody of the railroad company, as follows: (1) On less than carloads, not more than one cent (1¢) per one hundred pounds (100 lbs.) per day, or fraction of a day; and (2) In carload quantities, not more than ten cents (10¢) per ton of two thousand pounds (2,000 lbs.) per day or fraction of a day, but not exceeding one dollar ($1.00) per car per day, or fraction of a day.

(1) On less than carloads, not more than one cent (1¢) per one hundred pounds (100 lbs.) per day, or fraction of a day; and

(2) In carload quantities, not more than ten cents (10¢) per ton of two thousand pounds (2,000 lbs.) per day or fraction of a day, but not exceeding one dollar ($1.00) per car per day, or fraction of a day.

(b) In no case shall the amount so collected for storage of a less-than-carload shipment exceed the amount authorized to be charged as storage on a carload of similar freight for the same length of time when not unloaded from a car, as provided by § 23-10-424 .

Acts 1907, No. 193, § 9, p. 453; C. & M. Dig., § 904; Pope's Dig., § 1108; A.S.A. 1947, § 73-1318.
Ark. Code Ann. § 23-18-1103 — AR Code / Title 23 / Chapter 18 / Subchapter 11 / Section 23-18-1103
Definitions
Status: in_force

As used in this subchapter: (1) "Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission and that is engaged in the business of supplying electricity to an end user in the State of Arkansas; and (2) "Existing electric generating unit" means a facility subject to the jurisdiction of the Arkansas Public Service Commission and located in the State of Arkansas for the generation of electric energy in the State of Arkansas that has previously provided power through an electric utility grid system and is currently connected to the electric utility grid system. Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.

As used in this subchapter:

(1) "Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission and that is engaged in the business of supplying electricity to an end user in the State of Arkansas; and

(2) "Existing electric generating unit" means a facility subject to the jurisdiction of the Arkansas Public Service Commission and located in the State of Arkansas for the generation of electric energy in the State of Arkansas that has previously provided power through an electric utility grid system and is currently connected to the electric utility grid system.

Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-90-112 — AR Code / Title 23 / Chapter 90 / Section 23-90-112
Estimation of amount needed to pay claims - Assessment of insurers
Status: in_force

(a) (1) Whenever a court of competent jurisdiction determines that an insurer has become an insolvent insurer, the receiver appointed in accordance with §§ 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 shall promptly estimate the amount of additional funds needed to supplement the assets of the insolvent insurer and any available amounts in the fund described in § 23-90-114 which are immediately available to the receiver for the purpose of making payment of all covered claims. (2) Thereafter, the Insurance Commissioner shall be empowered to make such assessments as may be necessary to produce the additional funds needed to make payment of all covered claims. (3) The commissioner may make partial assessments as the actual need for additional funds arises for each insolvent insurer. (b) (1) The commissioner shall assess individual insurers in proportion to the ratio that the total net direct written premium collected in the State of Arkansas by the insurer during the preceding calendar year bears to the total net direct written premium collected by all insurers, except insolvent insurers, in the State of Arkansas for the preceding calendar year. (2) Assessments during a calendar year may be made up to, but not in excess of, two percent (2%) of each insurer's net direct written premium for the preceding calendar year. (3) If the maximum assessment in any calendar year does not provide an amount sufficient for payment of covered claims of insolvent insurers, assessments may be made in the next and successive calendar years. (c) Insurers determined to be insolvent insurers by a court of competent jurisdiction shall be exempt from assessment from and after the date of that determination and until the commissioner determines that the insurer is no longer an insolvent insurer. (d) (1) It shall be the duty of each insurer to pay the amount of its assessment to the receiver within thirty (30) days after the commissioner gives notice of the assessment, and assessments may be collected by the receiver through suits brought for that purpose. (2) Venue for suits shall lie in Pulaski County. (3) The receiver shall not be required to give an appeal bond in any cause arising hereunder. (e) Funds derived from assessments under the provisions of this chapter shall not become assets of the insolvent insurer but shall be deemed a special fund loaned to the receiver for payment of covered claims. This loan shall be repayable to the extent available from the funds of the insolvent insurer, as provided in this chapter. Acts 1977, No. 871, § 7; A.S.A. 1947, § 66-5507.

(a) (1) Whenever a court of competent jurisdiction determines that an insurer has become an insolvent insurer, the receiver appointed in accordance with §§ 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 shall promptly estimate the amount of additional funds needed to supplement the assets of the insolvent insurer and any available amounts in the fund described in § 23-90-114 which are immediately available to the receiver for the purpose of making payment of all covered claims. (2) Thereafter, the Insurance Commissioner shall be empowered to make such assessments as may be necessary to produce the additional funds needed to make payment of all covered claims. (3) The commissioner may make partial assessments as the actual need for additional funds arises for each insolvent insurer.

(1) Whenever a court of competent jurisdiction determines that an insurer has become an insolvent insurer, the receiver appointed in accordance with §§ 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 shall promptly estimate the amount of additional funds needed to supplement the assets of the insolvent insurer and any available amounts in the fund described in § 23-90-114 which are immediately available to the receiver for the purpose of making payment of all covered claims.

(2) Thereafter, the Insurance Commissioner shall be empowered to make such assessments as may be necessary to produce the additional funds needed to make payment of all covered claims.

(3) The commissioner may make partial assessments as the actual need for additional funds arises for each insolvent insurer.

(b) (1) The commissioner shall assess individual insurers in proportion to the ratio that the total net direct written premium collected in the State of Arkansas by the insurer during the preceding calendar year bears to the total net direct written premium collected by all insurers, except insolvent insurers, in the State of Arkansas for the preceding calendar year. (2) Assessments during a calendar year may be made up to, but not in excess of, two percent (2%) of each insurer's net direct written premium for the preceding calendar year. (3) If the maximum assessment in any calendar year does not provide an amount sufficient for payment of covered claims of insolvent insurers, assessments may be made in the next and successive calendar years.

(1) The commissioner shall assess individual insurers in proportion to the ratio that the total net direct written premium collected in the State of Arkansas by the insurer during the preceding calendar year bears to the total net direct written premium collected by all insurers, except insolvent insurers, in the State of Arkansas for the preceding calendar year.

(2) Assessments during a calendar year may be made up to, but not in excess of, two percent (2%) of each insurer's net direct written premium for the preceding calendar year.

(3) If the maximum assessment in any calendar year does not provide an amount sufficient for payment of covered claims of insolvent insurers, assessments may be made in the next and successive calendar years.

(c) Insurers determined to be insolvent insurers by a court of competent jurisdiction shall be exempt from assessment from and after the date of that determination and until the commissioner determines that the insurer is no longer an insolvent insurer.

(d) (1) It shall be the duty of each insurer to pay the amount of its assessment to the receiver within thirty (30) days after the commissioner gives notice of the assessment, and assessments may be collected by the receiver through suits brought for that purpose. (2) Venue for suits shall lie in Pulaski County. (3) The receiver shall not be required to give an appeal bond in any cause arising hereunder.

(1) It shall be the duty of each insurer to pay the amount of its assessment to the receiver within thirty (30) days after the commissioner gives notice of the assessment, and assessments may be collected by the receiver through suits brought for that purpose.

(2) Venue for suits shall lie in Pulaski County.

(3) The receiver shall not be required to give an appeal bond in any cause arising hereunder.

(e) Funds derived from assessments under the provisions of this chapter shall not become assets of the insolvent insurer but shall be deemed a special fund loaned to the receiver for payment of covered claims. This loan shall be repayable to the extent available from the funds of the insolvent insurer, as provided in this chapter.

Acts 1977, No. 871, § 7; A.S.A. 1947, § 66-5507.
Ark. Code Ann. § 23-61-1010 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1010
Community bridge organizations
Status: in_force

(a) The Department of Human Services shall develop requirements and qualifications for community bridge organizations to provide assistance to one (1) or more of the following target populations: (1) Individuals who become pregnant with a high-risk pregnancy and the child, throughout the pregnancy and up to twenty-four (24) months after birth; (2) Individuals in rural areas of the state in need of treatment for serious mental illness or substance use disorder; (3) Individuals who are young adults most at risk of poor health due to long-term poverty and who meet criteria established by the Department of Human Services, including without limitation the following: (A) An individual between nineteen (19) and twenty-four (24) years of age who has been previously placed under the supervision of the: (i) Division of Youth Services; or (ii) Department of Corrections; (B) An individual between nineteen (19) and twenty-seven (27) years of age who has been previously placed under the supervision of the Division of Children and Family Services; or (C) An individual between nineteen (19) and thirty (30) years of age who is a veteran; and (4) Any other target populations identified by the Department of Human Services. (b) (1) Each community bridge organization shall be administered by a hospital under conditions established by the Department of Human Services. (2) A hospital is eligible to serve eligible individuals under subdivision (a)(1) of this section if the hospital: (A) Is a birthing hospital; (B) Provides or contracts with a qualified entity for the provision of a federally recognized evidence-based home visitation model to a woman during pregnancy and to the woman and child for a period of up to twenty-four (24) months after birth; and (C) Meets any additional criteria established by the Department of Human Services. (3) (A) A hospital is eligible to serve eligible individuals under subdivision (a)(2) of this section if the hospital: (i) Is a small rural hospital; (ii) Screens all Arkansans who seek services at the hospital for health-related social needs; (iii) Refers Arkansans identified as having health-related social needs for social services available in the community; (iv) Employs local qualified staff to assist eligible individuals in need of treatment for serious mental illness or substance use disorder in accessing medical treatment from healthcare professionals and supports to meet health-related social needs; (v) Enrolls with the Arkansas Medicaid Program as an acute crisis unit provider; and (vi) Meets any additional criteria established by the Department of Human Services. (B) The hospital may use funding available through the Department of Human Services to improve the hospital's ability to deliver care through coordination with other healthcare professionals and with the local emergency response system that may include training of personnel and improvements in equipment to support the delivery of medical services through telemedicine. (4) A hospital is eligible to serve eligible individuals under subdivision (a)(3) of this section if the hospital: (A) Is an acute care hospital; (B) Administers or contracts for the administration of programs using proven models, as defined by the Department of Human Services, to provide employment, training, education, or other social supports; and (C) Meets any additional criteria established by the Department of Human Services. (c) An individual is not required or entitled to enroll in a community bridge organization as a condition of Medicaid eligibility. (d) A hospital is not: (1) Required to apply to become a community bridge organization; or (2) Entitled to be selected as a community bridge organization. Added by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

(a) The Department of Human Services shall develop requirements and qualifications for community bridge organizations to provide assistance to one (1) or more of the following target populations: (1) Individuals who become pregnant with a high-risk pregnancy and the child, throughout the pregnancy and up to twenty-four (24) months after birth; (2) Individuals in rural areas of the state in need of treatment for serious mental illness or substance use disorder; (3) Individuals who are young adults most at risk of poor health due to long-term poverty and who meet criteria established by the Department of Human Services, including without limitation the following: (A) An individual between nineteen (19) and twenty-four (24) years of age who has been previously placed under the supervision of the: (i) Division of Youth Services; or (ii) Department of Corrections; (B) An individual between nineteen (19) and twenty-seven (27) years of age who has been previously placed under the supervision of the Division of Children and Family Services; or (C) An individual between nineteen (19) and thirty (30) years of age who is a veteran; and (4) Any other target populations identified by the Department of Human Services.

(1) Individuals who become pregnant with a high-risk pregnancy and the child, throughout the pregnancy and up to twenty-four (24) months after birth;

(2) Individuals in rural areas of the state in need of treatment for serious mental illness or substance use disorder;

(3) Individuals who are young adults most at risk of poor health due to long-term poverty and who meet criteria established by the Department of Human Services, including without limitation the following: (A) An individual between nineteen (19) and twenty-four (24) years of age who has been previously placed under the supervision of the: (i) Division of Youth Services; or (ii) Department of Corrections; (B) An individual between nineteen (19) and twenty-seven (27) years of age who has been previously placed under the supervision of the Division of Children and Family Services; or (C) An individual between nineteen (19) and thirty (30) years of age who is a veteran; and

(A) An individual between nineteen (19) and twenty-four (24) years of age who has been previously placed under the supervision of the: (i) Division of Youth Services; or (ii) Department of Corrections;

(i) Division of Youth Services; or

(ii) Department of Corrections;

(B) An individual between nineteen (19) and twenty-seven (27) years of age who has been previously placed under the supervision of the Division of Children and Family Services; or

(C) An individual between nineteen (19) and thirty (30) years of age who is a veteran; and

(4) Any other target populations identified by the Department of Human Services.

(b) (1) Each community bridge organization shall be administered by a hospital under conditions established by the Department of Human Services. (2) A hospital is eligible to serve eligible individuals under subdivision (a)(1) of this section if the hospital: (A) Is a birthing hospital; (B) Provides or contracts with a qualified entity for the provision of a federally recognized evidence-based home visitation model to a woman during pregnancy and to the woman and child for a period of up to twenty-four (24) months after birth; and (C) Meets any additional criteria established by the Department of Human Services. (3) (A) A hospital is eligible to serve eligible individuals under subdivision (a)(2) of this section if the hospital: (i) Is a small rural hospital; (ii) Screens all Arkansans who seek services at the hospital for health-related social needs; (iii) Refers Arkansans identified as having health-related social needs for social services available in the community; (iv) Employs local qualified staff to assist eligible individuals in need of treatment for serious mental illness or substance use disorder in accessing medical treatment from healthcare professionals and supports to meet health-related social needs; (v) Enrolls with the Arkansas Medicaid Program as an acute crisis unit provider; and (vi) Meets any additional criteria established by the Department of Human Services. (B) The hospital may use funding available through the Department of Human Services to improve the hospital's ability to deliver care through coordination with other healthcare professionals and with the local emergency response system that may include training of personnel and improvements in equipment to support the delivery of medical services through telemedicine. (4) A hospital is eligible to serve eligible individuals under subdivision (a)(3) of this section if the hospital: (A) Is an acute care hospital; (B) Administers or contracts for the administration of programs using proven models, as defined by the Department of Human Services, to provide employment, training, education, or other social supports; and (C) Meets any additional criteria established by the Department of Human Services.

(1) Each community bridge organization shall be administered by a hospital under conditions established by the Department of Human Services.

(2) A hospital is eligible to serve eligible individuals under subdivision (a)(1) of this section if the hospital: (A) Is a birthing hospital; (B) Provides or contracts with a qualified entity for the provision of a federally recognized evidence-based home visitation model to a woman during pregnancy and to the woman and child for a period of up to twenty-four (24) months after birth; and (C) Meets any additional criteria established by the Department of Human Services.

(A) Is a birthing hospital;

(B) Provides or contracts with a qualified entity for the provision of a federally recognized evidence-based home visitation model to a woman during pregnancy and to the woman and child for a period of up to twenty-four (24) months after birth; and

(C) Meets any additional criteria established by the Department of Human Services.

(3) (A) A hospital is eligible to serve eligible individuals under subdivision (a)(2) of this section if the hospital: (i) Is a small rural hospital; (ii) Screens all Arkansans who seek services at the hospital for health-related social needs; (iii) Refers Arkansans identified as having health-related social needs for social services available in the community; (iv) Employs local qualified staff to assist eligible individuals in need of treatment for serious mental illness or substance use disorder in accessing medical treatment from healthcare professionals and supports to meet health-related social needs; (v) Enrolls with the Arkansas Medicaid Program as an acute crisis unit provider; and (vi) Meets any additional criteria established by the Department of Human Services. (B) The hospital may use funding available through the Department of Human Services to improve the hospital's ability to deliver care through coordination with other healthcare professionals and with the local emergency response system that may include training of personnel and improvements in equipment to support the delivery of medical services through telemedicine.

(A) A hospital is eligible to serve eligible individuals under subdivision (a)(2) of this section if the hospital: (i) Is a small rural hospital; (ii) Screens all Arkansans who seek services at the hospital for health-related social needs; (iii) Refers Arkansans identified as having health-related social needs for social services available in the community; (iv) Employs local qualified staff to assist eligible individuals in need of treatment for serious mental illness or substance use disorder in accessing medical treatment from healthcare professionals and supports to meet health-related social needs; (v) Enrolls with the Arkansas Medicaid Program as an acute crisis unit provider; and (vi) Meets any additional criteria established by the Department of Human Services.

(i) Is a small rural hospital;

(ii) Screens all Arkansans who seek services at the hospital for health-related social needs;

(iii) Refers Arkansans identified as having health-related social needs for social services available in the community;

(iv) Employs local qualified staff to assist eligible individuals in need of treatment for serious mental illness or substance use disorder in accessing medical treatment from healthcare professionals and supports to meet health-related social needs;

(v) Enrolls with the Arkansas Medicaid Program as an acute crisis unit provider; and

(vi) Meets any additional criteria established by the Department of Human Services.

(B) The hospital may use funding available through the Department of Human Services to improve the hospital's ability to deliver care through coordination with other healthcare professionals and with the local emergency response system that may include training of personnel and improvements in equipment to support the delivery of medical services through telemedicine.

(4) A hospital is eligible to serve eligible individuals under subdivision (a)(3) of this section if the hospital: (A) Is an acute care hospital; (B) Administers or contracts for the administration of programs using proven models, as defined by the Department of Human Services, to provide employment, training, education, or other social supports; and (C) Meets any additional criteria established by the Department of Human Services.

(A) Is an acute care hospital;

(B) Administers or contracts for the administration of programs using proven models, as defined by the Department of Human Services, to provide employment, training, education, or other social supports; and

(C) Meets any additional criteria established by the Department of Human Services.

(c) An individual is not required or entitled to enroll in a community bridge organization as a condition of Medicaid eligibility.

(d) A hospital is not: (1) Required to apply to become a community bridge organization; or (2) Entitled to be selected as a community bridge organization.

(1) Required to apply to become a community bridge organization; or

(2) Entitled to be selected as a community bridge organization.

Added by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.
Ark. Code Ann. § 23-4-613 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-613
Railroads - Bills of lading
Status: in_force

(a) It shall be unlawful for any railroad company in this state or its officers, agents, or employees to charge and collect or to endeavor to charge and collect from the owner, agent, or consignee of any freight, goods, wares, or merchandise of any kind or character whatever, a greater sum for transporting the freight, goods, wares, or merchandise than is specified in the bill of lading. (b) Any railroad company, its officers, agents, or employees having possession of any goods, wares, or merchandise of any kind or character whatever shall deliver the goods, wares, or merchandise to the owner, his or her agent, or consignee upon payment of the freight charges as shown by the bill of lading. (c) Any railroad company, its officers, agents, or employees that refuse to deliver to the owner, agent, or consignee any freight, goods, wares, or merchandise of any kind or character whatever upon the payment, or tender of payment, of the freight charges due as shown by the bill of lading shall be liable in damages to the owner of the freight, goods, wares, or merchandise to an amount equal the amount of the freight charges for every day the freight, goods, wares, or merchandise is held after payment or tender of payment of the charges due as shown by the bill of lading, with the amount to be recovered in any court of competent jurisdiction. Acts 1885, No. 31, §§ 1-3, p. 35; C. & M. Dig., §§ 863-865; Pope's Dig., §§ 1067-1069; A.S.A. 1947, §§ 73-1427 -- 73-1429.

(a) It shall be unlawful for any railroad company in this state or its officers, agents, or employees to charge and collect or to endeavor to charge and collect from the owner, agent, or consignee of any freight, goods, wares, or merchandise of any kind or character whatever, a greater sum for transporting the freight, goods, wares, or merchandise than is specified in the bill of lading.

(b) Any railroad company, its officers, agents, or employees having possession of any goods, wares, or merchandise of any kind or character whatever shall deliver the goods, wares, or merchandise to the owner, his or her agent, or consignee upon payment of the freight charges as shown by the bill of lading.

(c) Any railroad company, its officers, agents, or employees that refuse to deliver to the owner, agent, or consignee any freight, goods, wares, or merchandise of any kind or character whatever upon the payment, or tender of payment, of the freight charges due as shown by the bill of lading shall be liable in damages to the owner of the freight, goods, wares, or merchandise to an amount equal the amount of the freight charges for every day the freight, goods, wares, or merchandise is held after payment or tender of payment of the charges due as shown by the bill of lading, with the amount to be recovered in any court of competent jurisdiction.

Acts 1885, No. 31, §§ 1-3, p. 35; C. & M. Dig., §§ 863-865; Pope's Dig., §§ 1067-1069; A.S.A. 1947, §§ 73-1427 -- 73-1429.
Ark. Code Ann. § 23-66-321 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-321
Method of payment of claims
Status: in_force

All claims paid by an insurer authorized to do business in this state to any person having a claim under any insurance contract for any type of insurance authorized by the laws of this state issued by an insurer shall be paid by check or draft of the insurer to the order of, or by electronic funds transfer to an account of, the claimant to whom payment of the claim is due pursuant to the policy provisions. Acts 2001, No. 1604, § 44.

All claims paid by an insurer authorized to do business in this state to any person having a claim under any insurance contract for any type of insurance authorized by the laws of this state issued by an insurer shall be paid by check or draft of the insurer to the order of, or by electronic funds transfer to an account of, the claimant to whom payment of the claim is due pursuant to the policy provisions.

Acts 2001, No. 1604, § 44.
Ark. Code Ann. § 23-37-501 — AR Code / Title 23 / Chapter 37 / Subchapter 5 / Section 23-37-501
Accounts of minors
Status: in_force

(a) An association and any federal association may accept savings accounts from any minor, as the sole and absolute owner of the savings account, and receive payments thereon by or for the owner, and pay withdrawals, accept pledges to the association, and act in any other manner with respect to the accounts on the order of the minor. (b) Any payment or delivery of rights to a minor, or a receipt or acquittance signed by a minor shall be a valid and sufficient release and discharge of the association for the payment so made or delivery of rights. The receipt, acquittance, pledge, or other action taken by the minor shall be binding upon the minor with like effect as if he or she were of full age and legal capacity. However, if either parent or guardian of the minor advises an association in writing that the minor shall not have unrestricted authority to deal with his or her savings account, during the minority of the minor, the minor shall not be authorized to deal with his or her savings account except with the joinder of a parent or guardian. (c) In the event of the death of the minor, the receipt or acquittance of one (1) parent or the guardian of the minor shall be valid and sufficient discharge of the association. (d) With respect to a minor under twelve (12) years of age, the receipt, acquittance, pledge, or other action required by the association may be taken by one (1) parent or the person standing in loco parentis to the minor. Acts 1963, No. 227, § 37; A.S.A. 1947, § 67-1837.

(a) An association and any federal association may accept savings accounts from any minor, as the sole and absolute owner of the savings account, and receive payments thereon by or for the owner, and pay withdrawals, accept pledges to the association, and act in any other manner with respect to the accounts on the order of the minor.

(b) Any payment or delivery of rights to a minor, or a receipt or acquittance signed by a minor shall be a valid and sufficient release and discharge of the association for the payment so made or delivery of rights. The receipt, acquittance, pledge, or other action taken by the minor shall be binding upon the minor with like effect as if he or she were of full age and legal capacity. However, if either parent or guardian of the minor advises an association in writing that the minor shall not have unrestricted authority to deal with his or her savings account, during the minority of the minor, the minor shall not be authorized to deal with his or her savings account except with the joinder of a parent or guardian.

(c) In the event of the death of the minor, the receipt or acquittance of one (1) parent or the guardian of the minor shall be valid and sufficient discharge of the association.

(d) With respect to a minor under twelve (12) years of age, the receipt, acquittance, pledge, or other action required by the association may be taken by one (1) parent or the person standing in loco parentis to the minor.

Acts 1963, No. 227, § 37; A.S.A. 1947, § 67-1837.
Ark. Code Ann. § 23-13-702 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-702
Definitions
Status: in_force

As used in this subchapter: (1) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers; (2) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is: (A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and (B) Not a taxicab, limousine, or for-hire vehicle; (3) (A) "Prearranged ride" or "transportation network services" means the provision of transportation by a transportation network company driver to a rider, beginning when a transportation network company driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. (B) "Prearranged ride" or "transportation network services" does not include transportation provided using a: (i) Taxicab service as defined in § 14-57-301 et seq.; (ii) Motor carrier service under the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq.; or (iii) Street hail service; (4) (A) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity licensed under this subchapter and operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. (B) "Transportation network company" does not include a company that controls, directs, or manages the personal vehicles or transportation network company drivers that connect to the company's digital network, except when agreed to by written contract; (5) "Transportation network company driver" means an individual who: (A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and (B) Uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company; and (6) "Transportation network company rider" or "rider" means an individual or a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to a rider in the driver's personal vehicle between points chosen by the rider. Amended by Act 2015, No. 1267,§ 1, eff. 7/22/2015. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

As used in this subchapter:

(1) "Digital network" means any online-enabled application, software, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers;

(2) "Personal vehicle" means a vehicle that is used by a transportation network company driver in connection with providing a prearranged ride and is: (A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and (B) Not a taxicab, limousine, or for-hire vehicle;

(A) Owned, leased, or otherwise authorized for use by the transportation network company driver; and

(B) Not a taxicab, limousine, or for-hire vehicle;

(3) (A) "Prearranged ride" or "transportation network services" means the provision of transportation by a transportation network company driver to a rider, beginning when a transportation network company driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle. (B) "Prearranged ride" or "transportation network services" does not include transportation provided using a: (i) Taxicab service as defined in § 14-57-301 et seq.; (ii) Motor carrier service under the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq.; or (iii) Street hail service;

(A) "Prearranged ride" or "transportation network services" means the provision of transportation by a transportation network company driver to a rider, beginning when a transportation network company driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports a requesting rider, and ending when the last requesting rider departs from the personal vehicle.

(B) "Prearranged ride" or "transportation network services" does not include transportation provided using a: (i) Taxicab service as defined in § 14-57-301 et seq.; (ii) Motor carrier service under the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq.; or (iii) Street hail service;

(i) Taxicab service as defined in § 14-57-301 et seq.;

(ii) Motor carrier service under the Arkansas Motor Carrier Act, 1955, § 23-13-201 et seq.; or

(iii) Street hail service;

(4) (A) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity licensed under this subchapter and operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. (B) "Transportation network company" does not include a company that controls, directs, or manages the personal vehicles or transportation network company drivers that connect to the company's digital network, except when agreed to by written contract;

(A) "Transportation network company" means a corporation, partnership, sole proprietorship, or other entity licensed under this subchapter and operating in this state that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides.

(B) "Transportation network company" does not include a company that controls, directs, or manages the personal vehicles or transportation network company drivers that connect to the company's digital network, except when agreed to by written contract;

(5) "Transportation network company driver" means an individual who: (A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and (B) Uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company; and

(A) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company; and

(B) Uses a personal vehicle to provide services for riders matched through a digital network controlled by a transportation network company; and

(6) "Transportation network company rider" or "rider" means an individual or a person who uses a transportation network company's digital network to connect with a transportation network company driver who provides a prearranged ride to a rider in the driver's personal vehicle between points chosen by the rider.

Amended by Act 2015, No. 1267,§ 1, eff. 7/22/2015.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-38-401 — AR Code / Title 23 / Chapter 38 / Subchapter 4 / Section 23-38-401
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 43, as added by Acts 1931, No. 236, § 16; Pope's Dig., § 1020; A.S.A. 1947, § 67-864.

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

Acts 1929, No. 128, § 43, as added by Acts 1931, No. 236, § 16; Pope's Dig., § 1020; A.S.A. 1947, § 67-864.
Ark. Code Ann. § 23-89-302 — AR Code / Title 23 / Chapter 89 / Subchapter 3 / Section 23-89-302
Consideration of railroad accident prohibited
Status: in_force

No automobile insurer shall use a railroad accident occurring while the insured engineer, conductor, fireman, or brakeman was performing his or her duties as an engineer, conductor, fireman, or brakeman of a railroad in determining the rates or cancelling the automobile liability coverage, the automobile collision coverage, or the automobile physical damage coverage of the insured engineer, conductor, fireman, or brakeman, as those types of coverage are defined in § 23-89-301 , where the insurance covers and protects the insured and any motor vehicle registered or principally garaged in this state. Acts 1979, No. 393, § 2; A.S.A. 1947, § 66-4008.1.

No automobile insurer shall use a railroad accident occurring while the insured engineer, conductor, fireman, or brakeman was performing his or her duties as an engineer, conductor, fireman, or brakeman of a railroad in determining the rates or cancelling the automobile liability coverage, the automobile collision coverage, or the automobile physical damage coverage of the insured engineer, conductor, fireman, or brakeman, as those types of coverage are defined in § 23-89-301 , where the insurance covers and protects the insured and any motor vehicle registered or principally garaged in this state.

Acts 1979, No. 393, § 2; A.S.A. 1947, § 66-4008.1.
Ark. Code Ann. § 23-50-103 — AR Code / Title 23 / Chapter 50 / Section 23-50-103
Misleading actions or use of words by unauthorized persons
Status: in_force

(a) (1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", or "building and loan" or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union. (2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States. (b) All persons except those described in subdivision (a)(2) of this section are prohibited from doing or soliciting business in this state substantially in the manner or so as to induce the belief that the business in whole or in part is that of a bank, savings bank, trust company, credit union, or savings and loan association, either by the sale of contract, or of shares of its capital stock upon partial or installment payments thereof, or by the receipt of money, savings, dues, or other deposits, or by the issuance of certificates of deposit or certificates of investment of money, savings, or dues. (c) Nothing in this section shall be construed as preventing the use of the word "bankers" in combination with other words in connection with the place of business, name, and title of any finance or investment company operated in connection with, as a subsidiary to, or having joint offices with a bank or trust company in this state, if the bank or trust company is subject to the supervision of the Bank Commissioner and if the bank or trust company has the word "bankers" alone or in combination with other words in its name or title. (d) Each violation of subsection (a) of this section shall constitute a Class A misdemeanor. (e) It is declared to be public policy that this law be liberally construed in favor of its enforcement. (f) Nothing in this section shall be construed to authorize any person to engage in any activity not otherwise authorized under Arkansas law. Acts 1997, No. 89, § 1; 2005, No. 1994, § 355.

(a) (1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", or "building and loan" or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union. (2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States.

(1) All persons except those described in subdivision (a)(2) of this section are prohibited from using in this state as a portion of or in connection with their place of business their name or title or in reference to themselves in their stationery or advertising the following words or phrases, alone or in combination with any other word or phrase: "bank", "banker", "bankers", "banking", "federal reserve", "trust company", "trust", "savings and loan", "credit union", or "building and loan" or any other word or phrase that tends to induce the belief that the party using it is authorized to engage in the business of a bank, trust company, savings and loan association, or credit union.

(2) The prohibitions contained in subdivision (a)(1) of this section shall not apply to those persons that discharge the burden of proving their authority to use the words or phrases described in subdivision (a)(1) of this section under the laws of this or another state or of the United States.

(b) All persons except those described in subdivision (a)(2) of this section are prohibited from doing or soliciting business in this state substantially in the manner or so as to induce the belief that the business in whole or in part is that of a bank, savings bank, trust company, credit union, or savings and loan association, either by the sale of contract, or of shares of its capital stock upon partial or installment payments thereof, or by the receipt of money, savings, dues, or other deposits, or by the issuance of certificates of deposit or certificates of investment of money, savings, or dues.

(c) Nothing in this section shall be construed as preventing the use of the word "bankers" in combination with other words in connection with the place of business, name, and title of any finance or investment company operated in connection with, as a subsidiary to, or having joint offices with a bank or trust company in this state, if the bank or trust company is subject to the supervision of the Bank Commissioner and if the bank or trust company has the word "bankers" alone or in combination with other words in its name or title.

(d) Each violation of subsection (a) of this section shall constitute a Class A misdemeanor.

(e) It is declared to be public policy that this law be liberally construed in favor of its enforcement.

(f) Nothing in this section shall be construed to authorize any person to engage in any activity not otherwise authorized under Arkansas law.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 355.
Ark. Code Ann. § 23-63-2002 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2002
Purpose - Intent
Status: in_force

(a) The purpose of this subchapter is to: (1) Provide the Insurance Commissioner a summary of the corporate governance structure, policies, and practices of an insurer or insurance group to allow the commissioner an opportunity to gain and maintain a better understanding of the corporate governance framework of an insurer operating in this state; (2) Outline the requirements for completing a corporate governance annual disclosure; and (3) Provide assurance for the confidential treatment of the corporate governance annual disclosure and related information due to the confidential and sensitive information it will reveal as it relates to the internal operations and proprietary and trade secret information of an insurer or insurance group which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage. (b) It is the intent of the General Assembly that this subchapter: (1) Not be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law; (2) Not be construed to limit the commissioner's authority or the rights or obligations under § 23-61-201 et seq.; and (3) Apply only to a multistate insurer domiciled in this state. Amended by Act 2021, No. 367,§ 14, eff. 7/28/2021. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) The purpose of this subchapter is to: (1) Provide the Insurance Commissioner a summary of the corporate governance structure, policies, and practices of an insurer or insurance group to allow the commissioner an opportunity to gain and maintain a better understanding of the corporate governance framework of an insurer operating in this state; (2) Outline the requirements for completing a corporate governance annual disclosure; and (3) Provide assurance for the confidential treatment of the corporate governance annual disclosure and related information due to the confidential and sensitive information it will reveal as it relates to the internal operations and proprietary and trade secret information of an insurer or insurance group which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.

(1) Provide the Insurance Commissioner a summary of the corporate governance structure, policies, and practices of an insurer or insurance group to allow the commissioner an opportunity to gain and maintain a better understanding of the corporate governance framework of an insurer operating in this state;

(2) Outline the requirements for completing a corporate governance annual disclosure; and

(3) Provide assurance for the confidential treatment of the corporate governance annual disclosure and related information due to the confidential and sensitive information it will reveal as it relates to the internal operations and proprietary and trade secret information of an insurer or insurance group which, if made public, could potentially cause the insurer or insurance group competitive harm or disadvantage.

(b) It is the intent of the General Assembly that this subchapter: (1) Not be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law; (2) Not be construed to limit the commissioner's authority or the rights or obligations under § 23-61-201 et seq.; and (3) Apply only to a multistate insurer domiciled in this state.

(1) Not be construed to prescribe or impose corporate governance standards and internal procedures beyond that which is required under applicable state corporate law;

(2) Not be construed to limit the commissioner's authority or the rights or obligations under § 23-61-201 et seq.; and

(3) Apply only to a multistate insurer domiciled in this state.

Amended by Act 2021, No. 367,§ 14, eff. 7/28/2021.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-61-307 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-307
Hearing - Appeal
Status: in_force

(a) An appeal from the Insurance Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the commissioner has refused or failed to grant or hold a hearing after demand therefor under § 23-61-303 or as to a matter as to which the commissioner has refused or failed to make his or her order on hearing as required by § 23-61-306 . (b) Any person who was a party to the hearing, or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing, and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within thirty (30) days after: (1) The order on hearing has been mailed or delivered to the persons entitled to receive it; (2) The commissioner's order denying rehearing or reargument has been so mailed or delivered; (3) The commissioner has refused or failed to make his or her order on hearing as required under § 23-61-306 ; or (4) The commissioner has refused or failed to grant or hold a hearing as required under § 23-61-303 . (c) The appeal shall be granted as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal in the court and by filing a copy of the notice with the commissioner, except that, in appeals from the refusal, suspension, or revocation of the license of an agent, broker, solicitor, or surplus line broker, the person taking the appeal may at his or her option take the appeal to the circuit court of the county in which the person resides instead of to the Pulaski County Circuit Court. (d) Upon filing of the notice of appeal therein, the court shall have full jurisdiction and shall determine whether the filing shall operate as a stay of the order or action appealed from and shall have the right at any time thereafter to issue such other temporary or preliminary orders as to it may seem proper until a final decree is rendered. (e) Within thirty (30) days after filing of the copy of notice of appeal in his or her office, or within such further time as the court may allow, the commissioner shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the commissioner and all evidence before him or her in the matter, including all his or her files therein. (f) Upon receipt of the transcript, evidence, and files, the court, as soon as reasonably possible thereafter, shall review the action of the commissioner appealed from. (g) (1) Any appeal shall be upon the basis of the record so presented. (2) In any review the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive. (3) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceedings before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. (4) The commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence taken pursuant to subdivision (g)(3) of this section. The commissioner shall file the modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his or her recommendation, if any, for the modification or setting aside of his or her original order with the return of the additional evidence. (h) After hearing the appeal the court may affirm, modify, or reverse the order or action of the commissioner in whole or in part or may remand the action to the commissioner for further proceedings in accordance with the court's direction. (i) Costs shall be awarded as in civil actions. (j) (1) Appeal may be taken to the Supreme Court or the Court of Appeals from the judgment of the circuit court as in other civil cases. (2) The circuit court judgment appealed from shall not be subject to supersedeas, and a stay of the effectiveness of any judgment may be made only by order of the Supreme Court or the Court of Appeals upon the giving of such security as the court deems proper. Acts 1959, No. 148, § 42; 1979, No. 942, § 6; A.S.A. 1947, § 66-2127; Acts 1987, No. 456, § 3; 1995, No. 1272, § 5.

(a) An appeal from the Insurance Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the commissioner has refused or failed to grant or hold a hearing after demand therefor under § 23-61-303 or as to a matter as to which the commissioner has refused or failed to make his or her order on hearing as required by § 23-61-306 .

(b) Any person who was a party to the hearing, or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing, and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within thirty (30) days after: (1) The order on hearing has been mailed or delivered to the persons entitled to receive it; (2) The commissioner's order denying rehearing or reargument has been so mailed or delivered; (3) The commissioner has refused or failed to make his or her order on hearing as required under § 23-61-306 ; or (4) The commissioner has refused or failed to grant or hold a hearing as required under § 23-61-303 .

(1) The order on hearing has been mailed or delivered to the persons entitled to receive it;

(2) The commissioner's order denying rehearing or reargument has been so mailed or delivered;

(3) The commissioner has refused or failed to make his or her order on hearing as required under § 23-61-306 ; or

(4) The commissioner has refused or failed to grant or hold a hearing as required under § 23-61-303 .

(c) The appeal shall be granted as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal in the court and by filing a copy of the notice with the commissioner, except that, in appeals from the refusal, suspension, or revocation of the license of an agent, broker, solicitor, or surplus line broker, the person taking the appeal may at his or her option take the appeal to the circuit court of the county in which the person resides instead of to the Pulaski County Circuit Court.

(d) Upon filing of the notice of appeal therein, the court shall have full jurisdiction and shall determine whether the filing shall operate as a stay of the order or action appealed from and shall have the right at any time thereafter to issue such other temporary or preliminary orders as to it may seem proper until a final decree is rendered.

(e) Within thirty (30) days after filing of the copy of notice of appeal in his or her office, or within such further time as the court may allow, the commissioner shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the commissioner and all evidence before him or her in the matter, including all his or her files therein.

(f) Upon receipt of the transcript, evidence, and files, the court, as soon as reasonably possible thereafter, shall review the action of the commissioner appealed from.

(g) (1) Any appeal shall be upon the basis of the record so presented. (2) In any review the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive. (3) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceedings before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper. (4) The commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence taken pursuant to subdivision (g)(3) of this section. The commissioner shall file the modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his or her recommendation, if any, for the modification or setting aside of his or her original order with the return of the additional evidence.

(1) Any appeal shall be upon the basis of the record so presented.

(2) In any review the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.

(3) If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceedings before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper.

(4) The commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence taken pursuant to subdivision (g)(3) of this section. The commissioner shall file the modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his or her recommendation, if any, for the modification or setting aside of his or her original order with the return of the additional evidence.

(h) After hearing the appeal the court may affirm, modify, or reverse the order or action of the commissioner in whole or in part or may remand the action to the commissioner for further proceedings in accordance with the court's direction.

(i) Costs shall be awarded as in civil actions.

(j) (1) Appeal may be taken to the Supreme Court or the Court of Appeals from the judgment of the circuit court as in other civil cases. (2) The circuit court judgment appealed from shall not be subject to supersedeas, and a stay of the effectiveness of any judgment may be made only by order of the Supreme Court or the Court of Appeals upon the giving of such security as the court deems proper.

(1) Appeal may be taken to the Supreme Court or the Court of Appeals from the judgment of the circuit court as in other civil cases.

(2) The circuit court judgment appealed from shall not be subject to supersedeas, and a stay of the effectiveness of any judgment may be made only by order of the Supreme Court or the Court of Appeals upon the giving of such security as the court deems proper.

Acts 1959, No. 148, § 42; 1979, No. 942, § 6; A.S.A. 1947, § 66-2127; Acts 1987, No. 456, § 3; 1995, No. 1272, § 5.
Ark. Code Ann. § 23-99-1109 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1109
Rescission of prior authorizations - Denial of payment for prior authorized services - Limitations
Status: in_force

(a) A decision on a request for prior authorization by a utilization review entity shall include a determination as to whether or not the individual is covered by a health benefit plan and eligible to receive the requested service under the health benefit plan. (b) (1) A utilization review entity shall not rescind, limit, condition, or restrict an authorization based upon medical necessity unless the utilization review entity notifies the healthcare provider at least three (3) business days before the scheduled date of the admission, service, procedure, or extension of stay. (2) Notwithstanding subdivision (b)(1) of this section, a utilization review entity may rescind, limit, condition, or restrict an authorization if: (A) The subscriber was not covered by the health benefit plan and was not eligible to receive the requested service under the health benefit plan on the date of the admission, service, procedure, or extension of stay; and (B) The utilization review entity has provided to the healthcare provider a means to confirm whether or not the subscriber is covered by the health benefit plan and eligible to receive the requested service up to the date of admission, service, procedure, or extension of stay. (c) A healthcare insurer shall pay a claim for a healthcare service for which prior authorization was received regardless of the terminology used by the utilization review entity or health benefit plan when reviewing the claim, unless: (1) The authorized healthcare service was never performed; (2) The submission of the claim for the healthcare service with respect to the subscriber was not timely under the terms of the applicable provider contract or policy; (3) The subscriber had not exhausted contract or policy benefit limitations based on information available to the utilization review entity or healthcare insurer at the time of the authorization but subsequently exhausted contract or policy benefit limitations after the authorization was issued, in which case the utilization review entity or healthcare insurer shall include language in the notice of authorization to the subscriber and healthcare provider that the visits or services authorized might exceed the limits of the contract or policy and would accordingly not be covered under the contract or policy; (4) There is specific information available for review by the appropriate state or federal agency that the subscriber or healthcare provider has engaged in material misrepresentation, fraud, or abuse regarding the claim for the authorized service; or (5) The authorization was granted more than ninety (90) days before the authorized healthcare service is provided. (d) (1) (A) A utilization review entity doing business in this state shall strive to implement no later than July 1, 2018, a mechanism by which healthcare providers may request prior authorizations through an automated electronic system as an alternative to telephone-based prior authorization systems. (B) The State Insurance Department may promulgate a rule mandating the implementation of a mechanism described in this subsection and defining the services to which this subsection applies. (2) A healthcare provider shall retain the ability to use either the automated electronic system or a telephone-based system. (3) The automated electronic system shall be capable of handling benefit inquiries under § 23-99-1113 . (e) A service authorized and guaranteed for payment under this section for which the prior authorization is not rescinded or reversed under subsection (b) of this section is not subject to audit recoupment under § 23-63-1801 et seq., except as provided for in subsection (b) of this section. Amended by Act 2017, No. 815,§ 6, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) A decision on a request for prior authorization by a utilization review entity shall include a determination as to whether or not the individual is covered by a health benefit plan and eligible to receive the requested service under the health benefit plan.

(b) (1) A utilization review entity shall not rescind, limit, condition, or restrict an authorization based upon medical necessity unless the utilization review entity notifies the healthcare provider at least three (3) business days before the scheduled date of the admission, service, procedure, or extension of stay. (2) Notwithstanding subdivision (b)(1) of this section, a utilization review entity may rescind, limit, condition, or restrict an authorization if: (A) The subscriber was not covered by the health benefit plan and was not eligible to receive the requested service under the health benefit plan on the date of the admission, service, procedure, or extension of stay; and (B) The utilization review entity has provided to the healthcare provider a means to confirm whether or not the subscriber is covered by the health benefit plan and eligible to receive the requested service up to the date of admission, service, procedure, or extension of stay.

(1) A utilization review entity shall not rescind, limit, condition, or restrict an authorization based upon medical necessity unless the utilization review entity notifies the healthcare provider at least three (3) business days before the scheduled date of the admission, service, procedure, or extension of stay.

(2) Notwithstanding subdivision (b)(1) of this section, a utilization review entity may rescind, limit, condition, or restrict an authorization if: (A) The subscriber was not covered by the health benefit plan and was not eligible to receive the requested service under the health benefit plan on the date of the admission, service, procedure, or extension of stay; and (B) The utilization review entity has provided to the healthcare provider a means to confirm whether or not the subscriber is covered by the health benefit plan and eligible to receive the requested service up to the date of admission, service, procedure, or extension of stay.

(A) The subscriber was not covered by the health benefit plan and was not eligible to receive the requested service under the health benefit plan on the date of the admission, service, procedure, or extension of stay; and

(B) The utilization review entity has provided to the healthcare provider a means to confirm whether or not the subscriber is covered by the health benefit plan and eligible to receive the requested service up to the date of admission, service, procedure, or extension of stay.

(c) A healthcare insurer shall pay a claim for a healthcare service for which prior authorization was received regardless of the terminology used by the utilization review entity or health benefit plan when reviewing the claim, unless: (1) The authorized healthcare service was never performed; (2) The submission of the claim for the healthcare service with respect to the subscriber was not timely under the terms of the applicable provider contract or policy; (3) The subscriber had not exhausted contract or policy benefit limitations based on information available to the utilization review entity or healthcare insurer at the time of the authorization but subsequently exhausted contract or policy benefit limitations after the authorization was issued, in which case the utilization review entity or healthcare insurer shall include language in the notice of authorization to the subscriber and healthcare provider that the visits or services authorized might exceed the limits of the contract or policy and would accordingly not be covered under the contract or policy; (4) There is specific information available for review by the appropriate state or federal agency that the subscriber or healthcare provider has engaged in material misrepresentation, fraud, or abuse regarding the claim for the authorized service; or (5) The authorization was granted more than ninety (90) days before the authorized healthcare service is provided.

(1) The authorized healthcare service was never performed;

(2) The submission of the claim for the healthcare service with respect to the subscriber was not timely under the terms of the applicable provider contract or policy;

(3) The subscriber had not exhausted contract or policy benefit limitations based on information available to the utilization review entity or healthcare insurer at the time of the authorization but subsequently exhausted contract or policy benefit limitations after the authorization was issued, in which case the utilization review entity or healthcare insurer shall include language in the notice of authorization to the subscriber and healthcare provider that the visits or services authorized might exceed the limits of the contract or policy and would accordingly not be covered under the contract or policy;

(4) There is specific information available for review by the appropriate state or federal agency that the subscriber or healthcare provider has engaged in material misrepresentation, fraud, or abuse regarding the claim for the authorized service; or

(5) The authorization was granted more than ninety (90) days before the authorized healthcare service is provided.

(d) (1) (A) A utilization review entity doing business in this state shall strive to implement no later than July 1, 2018, a mechanism by which healthcare providers may request prior authorizations through an automated electronic system as an alternative to telephone-based prior authorization systems. (B) The State Insurance Department may promulgate a rule mandating the implementation of a mechanism described in this subsection and defining the services to which this subsection applies. (2) A healthcare provider shall retain the ability to use either the automated electronic system or a telephone-based system. (3) The automated electronic system shall be capable of handling benefit inquiries under § 23-99-1113 .

(1) (A) A utilization review entity doing business in this state shall strive to implement no later than July 1, 2018, a mechanism by which healthcare providers may request prior authorizations through an automated electronic system as an alternative to telephone-based prior authorization systems. (B) The State Insurance Department may promulgate a rule mandating the implementation of a mechanism described in this subsection and defining the services to which this subsection applies.

(A) A utilization review entity doing business in this state shall strive to implement no later than July 1, 2018, a mechanism by which healthcare providers may request prior authorizations through an automated electronic system as an alternative to telephone-based prior authorization systems.

(B) The State Insurance Department may promulgate a rule mandating the implementation of a mechanism described in this subsection and defining the services to which this subsection applies.

(2) A healthcare provider shall retain the ability to use either the automated electronic system or a telephone-based system.

(3) The automated electronic system shall be capable of handling benefit inquiries under § 23-99-1113 .

(e) A service authorized and guaranteed for payment under this section for which the prior authorization is not rescinded or reversed under subsection (b) of this section is not subject to audit recoupment under § 23-63-1801 et seq., except as provided for in subsection (b) of this section.

Amended by Act 2017, No. 815,§ 6, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-55-101 — AR Code / Title 23 / Chapter 55 / Section 23-55-101
Short title
Status: in_force

This chapter may be cited as the Uniform Money Services Act. Acts 2007, No. 1595, § 1.

This chapter may be cited as the Uniform Money Services Act.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-79-302 — AR Code / Title 23 / Chapter 79 / Subchapter 3 / Section 23-79-302
Definition
Status: in_force

For purposes of this subchapter, a claims-made policy as referenced in § 23-79-306 means a policy which provides coverage if a claim for damages is first made during the policy period. Acts 1987, No. 204, § 4; 1991, No. 1123, § 12.

For purposes of this subchapter, a claims-made policy as referenced in § 23-79-306 means a policy which provides coverage if a claim for damages is first made during the policy period.

Acts 1987, No. 204, § 4; 1991, No. 1123, § 12.
Ark. Code Ann. § 23-64-516 — AR Code / Title 23 / Chapter 64 / Subchapter 5 / Section 23-64-516
Reciprocity
Status: in_force

(a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by § 23-64-508 , if the applicant's home state awards nonresident licenses to residents of this state on the same basis. (b) A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis. Acts 2001, No. 580, § 1.

(a) The Insurance Commissioner shall waive any requirements for a nonresident license applicant with a valid license from his or her home state, except the requirements imposed by § 23-64-508 , if the applicant's home state awards nonresident licenses to residents of this state on the same basis.

(b) A nonresident producer's satisfaction of his or her home state's continuing education requirements for licensed insurance producers shall constitute satisfaction of this state's continuing education requirements if the nonresident producer's home state recognizes the satisfaction of its continuing education requirements imposed upon producers from this state on the same basis.

Acts 2001, No. 580, § 1.
Ark. Code Ann. § 23-12-906 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-906
Levy and sale of railroad property under execution
Status: in_force

The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§ 23-12-901 - 23-12-905 , 23-12-910 , and 23-12-912 in the same manner and under the same rules governing other judgments at law. Acts 1961 (1st Ex. Sess.), No. 61, § 10; A.S.A. 1947, § 73-1009.

The property of any railroad company may be levied on and sold under an execution issued on a judgment for damages under this section and §§ 23-12-901 - 23-12-905 , 23-12-910 , and 23-12-912 in the same manner and under the same rules governing other judgments at law.

Acts 1961 (1st Ex. Sess.), No. 61, § 10; A.S.A. 1947, § 73-1009.
Ark. Code Ann. § 23-44-105 — AR Code / Title 23 / Chapter 44 / Section 23-44-105
Bucket shop contracts void
Status: in_force

Any contract of sale for the future delivery of cotton, grain, stocks, or other commodities which is to be settled according to, or upon the basis of, the public market quotation or prices made on any board of trade, exchange, or similar institution, upon which contracts of sale for future delivery are executed and dealt in without any actual bona fide execution and the carrying out or discharge of the contracts upon the floor of the exchange, board of trade, or similar institution, in accordance with the rules thereof, shall be null and void and unenforceable in any court of this state, and no action shall lie thereon at the suit of any party thereto. Acts 1929, No. 208, § 4; Pope's Dig., § 3345; A.S.A. 1947, § 68-1004.

Any contract of sale for the future delivery of cotton, grain, stocks, or other commodities which is to be settled according to, or upon the basis of, the public market quotation or prices made on any board of trade, exchange, or similar institution, upon which contracts of sale for future delivery are executed and dealt in without any actual bona fide execution and the carrying out or discharge of the contracts upon the floor of the exchange, board of trade, or similar institution, in accordance with the rules thereof, shall be null and void and unenforceable in any court of this state, and no action shall lie thereon at the suit of any party thereto.

Acts 1929, No. 208, § 4; Pope's Dig., § 3345; A.S.A. 1947, § 68-1004.
Ark. Code Ann. § 23-63-302 — AR Code / Title 23 / Chapter 63 / Subchapter 3 / Section 23-63-302
Change of registered office or registered agent
Status: in_force

(a) A licensed foreign or alien insurer or a licensed domestic reciprocal insurer may change its registered office or registered agent by delivering to the Insurance Commissioner for filing a statement of change that sets forth: (1) Its name; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of its new registered office; (4) The name of its current registered agent; (5) If the current registered agent is to be changed, the name of its new registered agent with the new agent's written consent, either on the statement or attached to it, to the appointment; and (6) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical. (b) If a registered agent changes the street address of his or her business office, he or she may change the street address of the registered office of any foreign insurer holding a certificate of authority to transact business in Arkansas or any domestic reciprocal insurer for which he or she is the registered agent by notifying the insurer in writing of the change and signing, either manually or in facsimile, and delivering to the commissioner for filing a statement of change that complies with the requirements of subsection (a) of this section and recites that the insurer has been notified of the change. Acts 1959, No. 148, § 61; 1983, No. 522, § 2; A.S.A. 1947, § 66-2219; Acts 1997, No. 1000, § 3; 2001, No. 1604, § 31.

(a) A licensed foreign or alien insurer or a licensed domestic reciprocal insurer may change its registered office or registered agent by delivering to the Insurance Commissioner for filing a statement of change that sets forth: (1) Its name; (2) The street address of its current registered office; (3) If the current registered office is to be changed, the street address of its new registered office; (4) The name of its current registered agent; (5) If the current registered agent is to be changed, the name of its new registered agent with the new agent's written consent, either on the statement or attached to it, to the appointment; and (6) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.

(1) Its name;

(2) The street address of its current registered office;

(3) If the current registered office is to be changed, the street address of its new registered office;

(4) The name of its current registered agent;

(5) If the current registered agent is to be changed, the name of its new registered agent with the new agent's written consent, either on the statement or attached to it, to the appointment; and

(6) That after the change or changes are made, the street addresses of its registered office and the business office of its registered agent will be identical.

(b) If a registered agent changes the street address of his or her business office, he or she may change the street address of the registered office of any foreign insurer holding a certificate of authority to transact business in Arkansas or any domestic reciprocal insurer for which he or she is the registered agent by notifying the insurer in writing of the change and signing, either manually or in facsimile, and delivering to the commissioner for filing a statement of change that complies with the requirements of subsection (a) of this section and recites that the insurer has been notified of the change.

Acts 1959, No. 148, § 61; 1983, No. 522, § 2; A.S.A. 1947, § 66-2219; Acts 1997, No. 1000, § 3; 2001, No. 1604, § 31.
Ark. Code Ann. § 23-79-124 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-124
Assignment
Status: in_force

(a) A policy may be assignable or not assignable, as provided by its terms. (b) Subject to its terms relating to assignability, any life or accident and health policy, under the terms of which the beneficiary may be changed upon the sole request of the insured, may be assigned, either by pledge or transfer of title, by an assignment executed by the insured alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer. (c) Any assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment until the insurer has received at its home office written notice of termination of the assignment or pledge or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment. Acts 1959, No. 148, § 290; A.S.A. 1947, § 66-3223; Acts 2001, No. 1604, § 96.

(a) A policy may be assignable or not assignable, as provided by its terms.

(b) Subject to its terms relating to assignability, any life or accident and health policy, under the terms of which the beneficiary may be changed upon the sole request of the insured, may be assigned, either by pledge or transfer of title, by an assignment executed by the insured alone and delivered to the insurer, whether or not the pledgee or assignee is the insurer.

(c) Any assignment shall entitle the insurer to deal with the assignee as the owner or pledgee of the policy in accordance with the terms of the assignment until the insurer has received at its home office written notice of termination of the assignment or pledge or written notice by or on behalf of some other person claiming some interest in the policy in conflict with the assignment.

Acts 1959, No. 148, § 290; A.S.A. 1947, § 66-3223; Acts 2001, No. 1604, § 96.
Ark. Code Ann. § 23-11-215 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-215
Board of directors - Powers generally
Status: in_force

The management of the affairs of the corporation shall be vested in the board of directors, and, subject only to the limitations provided by law or by its articles, the board shall have full control over the affairs of the corporation and may authorize the exercise of all of its corporate powers. Acts 1959, No. 30, § 14; A.S.A. 1947, § 73-328.1.

The management of the affairs of the corporation shall be vested in the board of directors, and, subject only to the limitations provided by law or by its articles, the board shall have full control over the affairs of the corporation and may authorize the exercise of all of its corporate powers.

Acts 1959, No. 30, § 14; A.S.A. 1947, § 73-328.1.
Ark. Code Ann. § 23-89-509 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-509
Cease and desist orders - Notice required
Status: in_force

(a) (1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507 , the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police. (2) Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation. (3) The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter. (b) Upon receipt of the Director of the Division of Labor's order to cease and desist operations pursuant to subsection (a) of this section, the Division of Arkansas State Police shall promptly serve the order on the operator and order the operator immediately to cease operation of all applicable amusement attractions or amusement rides in operation or scheduled to be in operation in those districts or counties until the cease and desist order has been rescinded. Amended by Act 2019, No. 910,§ 5514, eff. 7/1/2019. Acts 1987, No. 839, § 2; 1995, No. 631, § 7.

(a) (1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507 , the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police. (2) Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation. (3) The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter.

(1) Upon issuance of cease and desist orders pursuant to § 23-89-504 or § 23-89-507 , the Director of the Division of Labor shall promptly transmit his or her order to the Director of the Division of Arkansas State Police.

(2) Whenever possible, the Director of the Division of Labor shall notify any applicable fair boards or sponsoring organizations in the respective districts or counties of this state where the amusement attractions or amusement rides are in operation or are scheduled to be in operation.

(3) The Director of the Division of Labor shall promptly notify these parties when a cease and desist order has been rescinded upon proof of the operator's compliance with the provisions of this subchapter.

(b) Upon receipt of the Director of the Division of Labor's order to cease and desist operations pursuant to subsection (a) of this section, the Division of Arkansas State Police shall promptly serve the order on the operator and order the operator immediately to cease operation of all applicable amusement attractions or amusement rides in operation or scheduled to be in operation in those districts or counties until the cease and desist order has been rescinded.

Amended by Act 2019, No. 910,§ 5514, eff. 7/1/2019.

Acts 1987, No. 839, § 2; 1995, No. 631, § 7.
Ark. Code Ann. § 23-95-107 — AR Code / Title 23 / Chapter 95 / Section 23-95-107
No liability in creating plan
Status: in_force

There shall be no liability on the part of and no cause of action shall arise against the Insurance Commissioner, his or her representatives, or any plan, its participants, or its employees for any good faith action taken by them in the performance of their powers and duties in creating any plan pursuant to this chapter. Acts 1987, No. 896, § 8.

There shall be no liability on the part of and no cause of action shall arise against the Insurance Commissioner, his or her representatives, or any plan, its participants, or its employees for any good faith action taken by them in the performance of their powers and duties in creating any plan pursuant to this chapter.

Acts 1987, No. 896, § 8.
Ark. Code Ann. § 23-79-1203 — AR Code / Title 23 / Chapter 79 / Subchapter 12 / Section 23-79-1203
Certain activities not prohibited
Status: in_force

(a) This subchapter does not prohibit the issuance of policies that provide benefits greater than those required by § 23-79-1202 or more favorable to the insured than those required by § 23-79-1202 . (b) This subchapter does not prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized by law relating to preferred provider arrangements. Acts 2005, No. 2236, § 2.

(a) This subchapter does not prohibit the issuance of policies that provide benefits greater than those required by § 23-79-1202 or more favorable to the insured than those required by § 23-79-1202 .

(b) This subchapter does not prohibit the payment of different levels of benefits or from having differences in coinsurance percentages applicable to benefit levels for services provided by preferred and nonpreferred providers as otherwise authorized by law relating to preferred provider arrangements.

Acts 2005, No. 2236, § 2.
Ark. Code Ann. § 23-4-618 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-618
Railroads - Ejection of passengers upon failure to pay fare
Status: in_force

If any passenger shall refuse to pay his or her fare or toll, it shall be lawful for the conductor of the train and the servants of the corporation to put him or her out of the cars at any usual stopping place the conductor shall select. Acts 1868, No. 71, § 30, p. 290; C. & M. Dig., § 881; Pope's Dig., § 1083; A.S.A. 1947, § 73-1418.

If any passenger shall refuse to pay his or her fare or toll, it shall be lawful for the conductor of the train and the servants of the corporation to put him or her out of the cars at any usual stopping place the conductor shall select.

Acts 1868, No. 71, § 30, p. 290; C. & M. Dig., § 881; Pope's Dig., § 1083; A.S.A. 1947, § 73-1418.
Ark. Code Ann. § 23-63-1305 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1305
Regulatory action level event
Status: in_force

(a) As used in this subchapter, "regulatory action level event" means, with respect to an insurer, any of the following events: (1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its authorized control level RBC but less than its regulatory action level RBC; (2) The notification by the Insurance Commissioner to an insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ; (3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; (4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for the failure that is satisfactory to the commissioner and has cured the failure within ten (10) days after the filing date; (5) The failure of the insurer to submit an RBC plan to the commissioner within the time period stated in § 23-63-1304(c) ; (6) Notification by the commissioner to the insurer that: (A) The RBC plan or revised RBC plan submitted by the insurer is unsatisfactory in the judgment of the commissioner; and (B) The notification constitutes a regulatory action level event with respect to the insurer if the insurer has not challenged the determination under § 23-63-1308 ; (7) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(6) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge; (8) Notification by the commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event according to its RBC plan or revised RBC plan and the commissioner has so stated in the notification if the insurer has not challenged the determination under § 23-63-1308 ; or (9) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(8) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge. (b) In the event of a regulatory action level event the commissioner shall: (1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised RBC plan; (2) Perform the examination or analysis as the commissioner considers necessary of the assets, liabilities, and operations of the insurer, including a review of its RBC plan or revised RBC plan; and (3) After the examination or analysis, issue a corrective order specifying the corrective actions as the commissioner shall determine are needed. (c) (1) In determining corrective actions, the commissioner may take into account the factors considered relevant with respect to the insurer based on the commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including without limitation the results of sensitivity tests undertaken under the RBC instructions. (2) The insurer shall submit the RBC plan or revised RBC plan: (A) Within forty-five (45) days after the occurrence of the regulatory action level event; (B) If the insurer challenges an adjusted RBC report under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; or (C) If the insurer challenges a revised RBC plan under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge. (d) The commissioner may keep actuaries and investment experts and other consultants as necessary in the judgment of the commissioner to review the insurer's RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the insurer, and make the corrective order with respect to the insurer. The fees, costs, and expenses relating to consultants are borne by the affected insurer or the other party as directed by the commissioner. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

(a) As used in this subchapter, "regulatory action level event" means, with respect to an insurer, any of the following events: (1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its authorized control level RBC but less than its regulatory action level RBC; (2) The notification by the Insurance Commissioner to an insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ; (3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; (4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for the failure that is satisfactory to the commissioner and has cured the failure within ten (10) days after the filing date; (5) The failure of the insurer to submit an RBC plan to the commissioner within the time period stated in § 23-63-1304(c) ; (6) Notification by the commissioner to the insurer that: (A) The RBC plan or revised RBC plan submitted by the insurer is unsatisfactory in the judgment of the commissioner; and (B) The notification constitutes a regulatory action level event with respect to the insurer if the insurer has not challenged the determination under § 23-63-1308 ; (7) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(6) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge; (8) Notification by the commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event according to its RBC plan or revised RBC plan and the commissioner has so stated in the notification if the insurer has not challenged the determination under § 23-63-1308 ; or (9) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(8) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge.

(1) The filing of an RBC report by the insurer that shows the insurer's total adjusted capital is more than or equal to its authorized control level RBC but less than its regulatory action level RBC;

(2) The notification by the Insurance Commissioner to an insurer of an adjusted RBC report that indicates the event in subdivision (a)(1) of this section if the insurer does not challenge the adjusted RBC report under § 23-63-1308 ;

(3) If under § 23-63-1308 the insurer challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge;

(4) The failure of the insurer to file an RBC report by the filing date, unless the insurer has provided an explanation for the failure that is satisfactory to the commissioner and has cured the failure within ten (10) days after the filing date;

(5) The failure of the insurer to submit an RBC plan to the commissioner within the time period stated in § 23-63-1304(c) ;

(6) Notification by the commissioner to the insurer that: (A) The RBC plan or revised RBC plan submitted by the insurer is unsatisfactory in the judgment of the commissioner; and (B) The notification constitutes a regulatory action level event with respect to the insurer if the insurer has not challenged the determination under § 23-63-1308 ;

(A) The RBC plan or revised RBC plan submitted by the insurer is unsatisfactory in the judgment of the commissioner; and

(B) The notification constitutes a regulatory action level event with respect to the insurer if the insurer has not challenged the determination under § 23-63-1308 ;

(7) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(6) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge;

(8) Notification by the commissioner to the insurer that the insurer has failed to adhere to its RBC plan or revised RBC plan, but only if the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event according to its RBC plan or revised RBC plan and the commissioner has so stated in the notification if the insurer has not challenged the determination under § 23-63-1308 ; or

(9) If under § 23-63-1308 the insurer challenges a determination by the commissioner under subdivision (a)(8) of this section, the notification by the commissioner to the insurer that the commissioner, after a hearing, has rejected the challenge.

(b) In the event of a regulatory action level event the commissioner shall: (1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised RBC plan; (2) Perform the examination or analysis as the commissioner considers necessary of the assets, liabilities, and operations of the insurer, including a review of its RBC plan or revised RBC plan; and (3) After the examination or analysis, issue a corrective order specifying the corrective actions as the commissioner shall determine are needed.

(1) Require the insurer to prepare and submit an RBC plan or, if applicable, a revised RBC plan;

(2) Perform the examination or analysis as the commissioner considers necessary of the assets, liabilities, and operations of the insurer, including a review of its RBC plan or revised RBC plan; and

(3) After the examination or analysis, issue a corrective order specifying the corrective actions as the commissioner shall determine are needed.

(c) (1) In determining corrective actions, the commissioner may take into account the factors considered relevant with respect to the insurer based on the commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including without limitation the results of sensitivity tests undertaken under the RBC instructions. (2) The insurer shall submit the RBC plan or revised RBC plan: (A) Within forty-five (45) days after the occurrence of the regulatory action level event; (B) If the insurer challenges an adjusted RBC report under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; or (C) If the insurer challenges a revised RBC plan under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge.

(1) In determining corrective actions, the commissioner may take into account the factors considered relevant with respect to the insurer based on the commissioner's examination or analysis of the assets, liabilities, and operations of the insurer, including without limitation the results of sensitivity tests undertaken under the RBC instructions.

(2) The insurer shall submit the RBC plan or revised RBC plan: (A) Within forty-five (45) days after the occurrence of the regulatory action level event; (B) If the insurer challenges an adjusted RBC report under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; or (C) If the insurer challenges a revised RBC plan under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge.

(A) Within forty-five (45) days after the occurrence of the regulatory action level event;

(B) If the insurer challenges an adjusted RBC report under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge; or

(C) If the insurer challenges a revised RBC plan under § 23-63-1308 and the challenge is not frivolous in the judgment of the commissioner, within forty-five (45) days after the notification to the insurer that the commissioner, after a hearing, has rejected the insurer's challenge.

(d) The commissioner may keep actuaries and investment experts and other consultants as necessary in the judgment of the commissioner to review the insurer's RBC plan or revised RBC plan, examine or analyze the assets, liabilities, and operations of the insurer, and make the corrective order with respect to the insurer. The fees, costs, and expenses relating to consultants are borne by the affected insurer or the other party as directed by the commissioner.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.