reglab/housing_qa huggingface dataset:
AR Code § 23-67-204 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-204. Payment of dividends

 Nothing in this chapter shall be construed to prohibit the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
AR Code § 23-67-205 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-205. Penalties

 (a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this chapter, he or she shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-67-221 [repealed].  (b) If, after a hearing, the commissioner determines that the person has violated a provision of this chapter, the commissioner shall issue a written order which, in his or her discretion, may do one (1) or more of the following:  (1) Revoke the certificate of authority of the insurer or the license of the advisory organization;  (2) Suspend the certificate of authority of the insurer or the license of the advisory organization; or  (3) Require the payment of a monetary penalty of not more than one thousand dollars ($1,000) for each violation or a penalty of not more than ten thousand dollars ($10,000) for each violation if the commissioner has found willful violations.
AR Code § 23-67-206 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-206. Exemptions

 (a) In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and review provisions set forth in this chapter.  (b) Risks or portions thereof which are not rated according to manuals, rating plans, or schedules including “a” rates, risks rated under the “referral to company” or “individual risk situations” rules, are exempted from the rate filing and review provisions set forth in this chapter. Insurers must maintain complete files on how they determined the rate for such risks and make these files available to the Insurance Commissioner upon request.  (c) The commissioner, upon his or her own initiative or upon request of any person, by order, may exempt any market, segment, or line from any or all of the provisions of this chapter if and to the extent that he or she finds the exemption necessary to achieve the purposes of this chapter.
AR Code § 23-67-207 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-207. Noncompetitive market

 (a) If the Insurance Commissioner has cause to believe that a reasonable degree of competition does not exist in a market, the commissioner shall hold a hearing. In determining whether a reasonable degree of competition exists, insurers operating within that market shall have the burden of establishing that a reasonable degree of competition exists within that market.  (b)  (1) The commissioner shall consider relevant tests of competition pertaining to market structure, market performance, and market conduct, and the practical opportunities available to consumers in the market to acquire pricing and other consumer information and to compare and obtain insurance from competing insurers.  (2) These tests may include, but are not limited to, the following:  (A) Size and number of insurers actively engaged in the market;  (B) Market shares and changes in market shares of insurers;  (C) Ease of entry into and exit from a given market;  (D) Underwriting restrictions; and  (E) Whether long-term profitability for insurers generally in the market is unreasonably high.      (c) After the hearing, the commissioner shall issue an order as to his or her findings. This order shall expire no later than one (1) year after it is effective as provided in the order.
AR Code § 23-67-208 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-208. Rate standards

 (a) Rates shall not be excessive, inadequate, or unfairly discriminatory.  (b) A rate in a competitive market is assumed not to be excessive. A rate is excessive in a competitive or noncompetitive market if it is likely to produce a profit from Arkansas business that is unreasonably high in relation to past and prospective loss experience for that class of business which the filing affects or if expenses are unreasonably high in relation to services rendered.  (c) A rate is clearly inadequate if, together with the investment income attributable to it, it fails to satisfy projected losses and expenses in the class of business to which it applies.  (d)  (1) A rate is not unfairly discriminatory in relation to another in the same class of business if it reflects equitably the differences in expected losses and expenses. 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.  (2) A rate shall be deemed unfairly discriminatory as to a risk or group of risks if the application of premium discounts, credits, or surcharges among the risks does not bear a reasonable relationship to the expected loss and expense experience among the various risks.
AR Code § 23-67-209 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-209. Rating criteria

 (a) Due consideration must be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to events or trends within and outside this state, to loadings for leveling rates over a period of time, to dividends or savings to be allowed or returned by insurers to their policyholders, members, or subscribers, and to all other relevant factors. All submissions for rate changes or supplementary rate changes must include this information with Arkansas experience shown as well as companywide experience for the past five (5) years for the class of business which this filing affects. The determination of the weighting of credibility assigned to Arkansas must be fully explained. If, within a particular class, the data is not sufficiently credible for Arkansas or companywide, and common classes are grouped together for rate-making purposes, all class codes utilized in developing credibility shall be shown as an exhibit in the filing, with Arkansas experience for each class affected shown separately. If significant trends within the state are utilized, a narrative describing the basis of the trend must be included.  (b) Risks may be classified in any reasonable way for the establishment of rates, except that no risks may be grouped by classifications based in whole or in part on race, color, creed, or national origin of the risk.  (c) The expense provisions included in the rates to be used by any insurer shall reflect the operating methods of the insurer and its actual and anticipated expense experience.  (d) The rates may contain provisions for contingencies and an allowance permitting a reasonable profit. In determining the reasonableness of the profit, consideration must be given to all investment income attributable to premiums and to the reserves associated with those premiums and to loss reserve funds.
AR Code § 23-67-210 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-210. Rating plans

 (a) Rates may be modified to produce premiums for individual risks in accordance with filed rating plans which establish standards for measuring variations in hazards or expense provisions. Those standards may measure differences among risks that can be demonstrated to have a probable effect upon losses or expenses. The modification shall apply to all risks under the same or substantially the same circumstances or conditions.  (b) This provision does not apply to filed modification plans which may be offered to an insured including, but not limited to, retrospective rating plans and composite rating plans.
AR Code § 23-67-212 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-212. Procedural requirements

 (a)  (1) Rates filed pursuant to this section shall be filed in such form and manner as prescribed by the Insurance Commissioner.  (2) An insurer may satisfy its obligation to file supplementary rate information or supporting information by filing a reference to a filing made by an advisory organization, with or without deviation.    (b) Each filing and supporting nonproprietary information filed under this chapter shall, as soon as filed, be open to public inspection. Notwithstanding the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq., information which is a trade secret or of a proprietary nature, or both, shall not be open to public inspection.
AR Code § 23-67-213 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-213. Disapproval of rates

 (a) Basis of Disapproval.  (1) The Insurance Commissioner may disapprove a rate without a hearing if the insurer fails to file the information required pursuant to this chapter.  (2) The commissioner may disapprove a rate without a hearing if he or she finds that the rate is excessive, inadequate, or unfairly discriminatory under § 23-67-208(b), (c), or (d).    (b) Disapproval Procedures.  (1) If the commissioner disapproves a rate without a hearing, he or she shall send a notice to the insurer or rating organization stating wherein the filing is deficient in terms of the criteria in § 23-67-209. An insurer or rating organization aggrieved by any order or decision of the commissioner made without a hearing, within thirty (30) days after notice to the insurer or organization, may make written request to the commissioner for a hearing thereon. The commissioner shall hear the party or parties within twenty (20) days after receipt of the request and shall give not less than ten (10) days' written notice of the time and place of the hearing. The hearing shall be concluded within fifteen (15) days from its commencement, except that the commissioner, for good cause shown and with notice to the interested parties, may grant additional time, not to exceed thirty (30) days. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, or modify his or her previous action, specifying his or her reasons therefor. Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his or her previous action.  (2) For rates in effect pursuant to §§ 23-67-211 and 23-67-212, if the commissioner finds after a hearing that a rate is not in compliance with §§ 23-67-208 — 23-67-210, the commissioner shall issue an order specifying in what respects it so fails and stating when, within a reasonable period thereafter, the rates shall be deemed no longer effective.    (c) Consent to Excessive Rate. Upon written consent of the insured stating his or her reasons therefor, a rate in excess of that provided by an otherwise applicable filing may be used on a specific risk. The “consent-to-rate” shall be on a form signed by the insured that includes a statement that the insured consents to a rate in excess of the filed rate. This form shall remain on file with the producing agent or broker.
AR Code § 23-67-214 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-214. Licensing of advisory organizations

 (a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner.  (b) No advisory organization shall refuse to supply any services for which it is licensed in this state to any insurer authorized to do business in this state and offering to pay the fair and usual compensation for the services.  (c)  (1) An advisory organization applying for a license shall include with its application:  (A) A copy of its constitution, charter, or articles of organization, agreement, association, or incorporation and a copy of its bylaws, plan of operation, and any other rules governing the conduct of its business;  (B) A list of its members and subscribers;  (C) The name and address of one (1) or more residents of this state upon whom notices, process affecting it, or orders of the commissioner may be served;  (D) A statement showing its technical qualifications for acting in the capacity for which it seeks a license;  (E) License fees as provided by § 23-61-401; and  (F) Any other relevant information and documents that the commissioner may require.    (2) Every organization which has applied for a license shall notify the commissioner of every material change in facts or in the documents on which its application was based. Any amendment to a document filed under this section shall be filed at least thirty (30) days before it becomes effective.  (3) If the commissioner finds that the applicant and the natural persons through whom it acts are competent, trustworthy, and technically qualified to provide the services proposed and that all requirements of the law are met, the commissioner shall issue a license specifying the authorized activity of the applicant. The commissioner shall not issue a license if the proposed activity would tend to create a monopoly or to lessen substantially the competition in any market.  (4) Licenses issued pursuant to this section shall remain in effect until the licensee withdraws from the state or until the license is suspended or revoked, subject, however, to continuance of the license by the advisory organization each calendar year by:  (A) Payment on or before January 1 of a continuation fee as provided in § 23-61-401;  (B) Due filing of a letter requesting continuation of its license for the following calendar year; and  (C) Submission of information which may be required by the commissioner.
AR Code § 23-67-215 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-215. Insurers and advisory organizations — Prohibited activities

 (a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of insurance.  (b) Advisory Organizations: Prohibited Activity. In addition to the other prohibitions contained in this chapter, no advisory organization shall, except as specifically permitted under §§ 23-67-204, 23-67-211, 23-67-212, and 23-67-216:  (1) Compile or distribute recommendations relating to rates that include expenses, other than loss adjustment expenses, or profit except in lines designated by the Insurance Commissioner; or  (2) File any manual or plan of rates, policy fees, or supporting information on behalf of an insurer.    (c) An advisory organization may not have or adopt any rule, or exact any agreement, or formulate or engage in any program which would require any member, subscriber, or other insurer to:  (1) Interfere with the right of any insurer to develop its rates independent of that advisory organization;  (2) Utilize some or all of its services;  (3) Adhere to its rates, rating plan, rating systems, underwriting rules, or policy forms; or  (4) Prevent any insurer from acting independently.
AR Code § 23-67-216 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-216. Advisory organizations — Permitted activities

 Any advisory organization, in addition to other activities permitted, is authorized to:   (1) Develop statistical plans, including territorial and class definitions;  (2) Collect statistical data from members, subscribers, or any other source;  (3) Prepare and distribute pure premium data, adjusted for loss development and loss trending, in accordance with its statistical plans;  (4) Prepare, distribute, and file rates and supplementary rate information except as prohibited by § 23-67-215(b). Those filings made by advisory organizations shall be for advisory purposes only and shall not be made on behalf of any insurer;  (5) Distribute information that is filed with the Insurance Commissioner and open to public inspection;  (6) Conduct research and on-site inspections in order to prepare classifications of public fire defenses;  (7) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others;  (8) Conduct research and collect statistics in order to discover, identify, and classify information relating to cause or prevention of losses;  (9) Prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;  (10) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;  (11) Collect, compile, and distribute past and current prices of individual insurers if that information is made available to the general public;  (12) File rates, supplementary rate information, and supporting information for residual market mechanisms; and  (13) Furnish any other services not prohibited by this chapter.
AR Code § 23-67-217 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-217. Advisory organizations — Filings

 Every advisory organization shall file with the Insurance Commissioner every advisory document pursuant to § 23-67-216 thirty (30) days prior to the effective date. The commissioner may extend the review period an additional thirty (30) days by written notice to the filer before the thirty-day period expires.
AR Code § 23-67-218 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-218. Records and reports

 (a) The Insurance Commissioner may adopt reasonable rules for use by companies to record and report to the commissioner rates and other information determined by the commissioner to be necessary or appropriate for the administration of this chapter and for the effectuation of its purposes.  (b)  (1) The commissioner may designate an advisory organization to assist the commissioner in gathering, compiling, and reporting the information.  (2) An insurer is not required to record or report its experience on a classification basis inconsistent with its own rating system.  (3) The commissioner may request a review of fire protection standards previously approved if filed by an advisory organization.
AR Code § 23-67-220 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-220. Examinations

 (a) The Insurance Commissioner may examine any insurer, pool, advisory organization, or residual market mechanism as he or she deems necessary to ascertain compliance with this chapter.  (b) Every insurer, pool, advisory organization, and residual market mechanism shall maintain reasonable records of the type and kind reasonably adapted to its method of operation containing its experience or the experience of its members, including the data, statistics, or information collected or used in its activities. These records shall be available at all reasonable times to enable the commissioner to determine whether the activities of any advisory organization, insurer, or association comply with the provisions of this chapter. The records shall be maintained in an office within this state or shall be made available to the commissioner for examination or inspection at any time upon reasonable notice.  (c) The reasonable cost of an examination made pursuant to this section shall be paid by the examined party upon presentation of a detailed account of the costs.  (d) In lieu of any examination, the commissioner may accept the report of an examination made by the insurance supervisory official of another state pursuant to the laws of that state.
AR Code § 23-67-222 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 2 - Regulation of Insurance Rates|§ 23-67-222. Administrative procedures

 (a) Administrative procedures exercised by the Insurance Commissioner under this chapter shall be in accordance with §§ 23-61-303 — 23-61-306.  (b) Appeals from orders of the commissioner made under this chapter shall be made in accordance with § 23-61-307.
AR Code § 23-67-301 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-301. Title

 This subchapter shall be known and cited as the “Arkansas Workers' Compensation Insurance Plan”.
AR Code § 23-67-302 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-302. Purpose

 The purpose of this subchapter is to amend title 23 of this Code to provide for the establishment of a mandatory workers' compensation insurance plan to assure coverage for employers who are in good faith entitled, but unable to procure, workers' compensation insurance in this state, and to provide that the operation and regulation of the Arkansas Workers' Compensation Insurance Plan shall be the responsibility of the Insurance Commissioner.
AR Code § 23-67-303 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 67 - Rates and Rating Organizations|Subchapter 3 - Arkansas Workers' Compensation Insurance Plan|§ 23-67-303. Establishment, operation, and regulation

 The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers' Compensation Insurance Plan pursuant to the provisions of this subchapter.