reglab/housing_qa huggingface dataset:
AR Code § 23-63-2008 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 63 - Insurance Companies Generally|Subchapter 20 - Corporate Governance Annual Disclosure Act|§ 23-63-2008. Penalties

 (a) An insurer failing, without just cause, to timely file the corporate governance annual disclosure as required under this subchapter shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, payable to the Insurance Commissioner, and the penalty recovered shall be paid into the General Revenue Fund Account of the State Apportionment Fund.  (b) The maximum penalty under subsection (a) of this section is ten thousand dollars ($10,000).  (c) The commissioner may reduce the penalty if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.
AR Code § 23-63-2009 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 63 - Insurance Companies Generally|Subchapter 20 - Corporate Governance Annual Disclosure Act|§ 23-63-2009. Severability clause

 (a) Except for § 23-63-2007 or the application of § 23-63-2007 to any person or circumstance, if any provision of this subchapter is held invalid, the determination shall not affect the provisions of this subchapter that can be given effect without the invalid provision or application.  (b) With the exception of § 23-63-2007, this subchapter is severable.
AR Code § 23-63-2010 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 63 - Insurance Companies Generally|Subchapter 20 - Corporate Governance Annual Disclosure Act|§ 23-63-2010. Rules

 (a) The Insurance Commissioner shall promulgate rules necessary to implement this subchapter.  (b)  (1) When adopting the initial rules to implement this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):  (A) On or before January 1, 2020; or  (B) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.    (2) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.
AR Code § 23-64-101 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 1 - General Provisions|§ 23-64-101. Scope of provisions

 This chapter shall apply with respect to any insurer, as to all insurances other than wet marine and foreign trade insurance.
AR Code § 23-64-103 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 1 - General Provisions|§ 23-64-103. Exceptions to definitions

 The definitions contained in § 23-64-102 shall not be deemed to include the attorney-in-fact of a reciprocal insurer.
AR Code § 23-64-201 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-201. License required to solicit, sell, negotiate, engage, consult, or adjust insurance — Grounds for license suspension

 (a) No insurance producer, insurer, insurance consultant, or adjuster shall permit any person not properly licensed under this chapter to solicit, sell, negotiate, engage, consult, or adjust in the business of insurance on behalf of the insurance producer, insurer, insurance consultant, or adjuster.  (b)  (1) Unless he or she has complied with the Producer Licensing Model Act, § 23-64-501 et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section.  (2) Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required.    (c) No person may adjust claims as an adjuster without licensure under this chapter.  (d) Any license issued by the Insurance Commissioner, under this section, may be immediately suspended as per § 9-14-239 for failure to pay child support.  (e) All licensees or applicants for licensure under this section must notify the commissioner in writing within thirty (30) days of any filing of a criminal charge or conviction or plea of a criminal charge or the filing of any bankruptcy proceeding by or against them. Failure to so notify the commissioner may result in the immediate suspension of the license.
AR Code § 23-64-203 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-203. Testing, emergency suspension, and records

 (a) The Insurance Commissioner shall prescribe the form and content of all examinations required by this chapter and shall include therein questions calculated to determine the applicant's knowledge of the laws of this state and the regulations of the commissioner relative to those areas of licensure.  (b) Upon receipt of the notice from any insurance company pursuant to § 23-64-515(a), if the commissioner determines after investigation that the dismissal was for any of the reasons described in § 23-64-512, the commissioner shall immediately suspend the license of the licensee pending a hearing on the matter.  (c)  (1) The commissioner shall maintain information on each licensee in this state. A complete record of all information furnished the commissioner regarding the conduct of any licensee in this state shall be maintained for a reasonable period of time as determined by the commissioner.  (2) If the commissioner receives information from any insurance company or from any other person about acts of fraud by a licensee, or about misrepresentations of the terms and provisions of any insurance policy by the licensee, the commissioner shall transmit that information plus any other information discovered in an investigation by the commissioner to the proper authorities for legal action against the agent as authorized by the laws of this state.    (d) The provisions of this subsection shall be supplemental to and shall not repeal any existing laws on the same subject.
AR Code § 23-64-204 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-204. Application for an insurance consultant's license

 (a) Application for an insurance consultant's license shall be made to the Insurance Commissioner by the applicant and be signed and sworn to by the applicant along with a nonrefundable application fee as prescribed by regulation.  (b) The form of application shall require full answers to such questions as may reasonably be necessary to determine the applicant's identity, residence, personal history, business record, experience in insurance, and other facts, such as, but not limited to, criminal convictions, pleas, pending charges, bankruptcies, or filings for bankruptcy or any other items, as required by the commissioner to determine whether the applicant meets the applicable qualifications mandated.  (c) The application shall state the kinds of insurance proposed to be transacted.  (d) If the applicant for license is a firm, limited liability company, or corporation, the application shall show the names of all members, managers, officers, and directors and shall designate each individual who is to exercise the powers to be conferred by the license. Each individual so designated shall furnish information with respect to himself or herself, as part of the application, as though licensed as an individual licensee.  (e) The application shall also show whether the applicant or individual designee under the license was ever previously licensed to transact any kind of insurance in this state or elsewhere, whether the license was ever refused, suspended, or revoked, and whether any insurer or insurance licensee claims an applicant is indebted to it, and if so, the details thereof.  (f)  (1) If the application is approved and if the nonrefundable application fee is paid, an examination permit will be issued to the applicant.  (2) The permit will be valid for a period of ninety (90) days from the date of issuance.  (3) If the applicant does not schedule and appear for examination within that ninety-day period, the permit shall expire and the applicant may be required to file a new application and shall pay another nonrefundable application fee before issuance of another examination permit to the applicant.  (4) If an applicant appears for examination but fails to pass the examination, the applicant shall be required to pay a nonrefundable reexamination fee before reexamination.
AR Code § 23-64-205 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-205. Written examination

 (a) Within a reasonable time and in a location to be determined by the Insurance Commissioner, after filing of application and payment of the applicable fees, the commissioner shall subject each applicant for license as an insurance consultant to a written examination.  (b) If the applicant is a firm, limited liability company, or corporation, the examination shall be taken by each individual who is to be named in the license as having authority to act for the applicant in its insurance transactions under the license.  (c) Examination of an applicant for an insurance consultant's license shall cover the kinds of insurance as to which the applicant is to be licensed.  (d)  (1) The commissioner may give, conduct, and grade all examinations, or he or she may arrange to have examinations administered and graded by an independent testing service as specified by contract, in a fair and impartial manner, and without unfair discrimination as between individuals examined.  (2) Any written examination may be substituted by an oral examination of the applicant if so deemed necessary under any applicable statute, including, but not limited to, the Americans with Disabilities Act.  (3) The commissioner shall require a waiting period of four (4) weeks before reexamination of an applicant who thrice failed to pass previous similar examinations. This waiting period applies after every third unsuccessful attempt.
AR Code § 23-64-207 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-207. Scope of broker's license and authority and insurance consultant's license

 (a) The Insurance Commissioner shall not issue a broker's license limited to particular lines of insurance.  (b)  (1) A broker, as such, is not an agent or other representative of an insurer and does not have power by his or her own acts to obligate the insurer upon any risk or with reference to any insurance transaction unless, and to the extent, he or she has received refunded premiums from the insurer on behalf of the insured.  (2) An insurer or agent shall have the right to pay to a broker licensed under this chapter the customary commissions upon insurance placed through the broker.    (c) A license as a consultant may cover:  (1) Life and disability;  (2) Property and casualty which includes surety and marine; or  (3) Both subdivisions (c)(1) and (2) of this section.
AR Code § 23-64-214 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-214. Issuance of license — Form and content of license

 (a) The Insurance Commissioner shall promptly issue adjuster or insurance consultant's licenses applied for to persons qualified therefor in accordance with this chapter.  (b) The license shall state the name and address of the licensee, the date of issue, general conditions relative to expiration or termination, kind or kinds of insurance covered, the license number as determined and assigned by the commissioner, and the other conditions of the license.  (c) If the licensee is other than an individual, the license shall also state the name of each individual authorized thereunder to exercise the license powers.
AR Code § 23-64-215 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-215. Continuance of license

 (a) Unless the license of an insurance adjuster or an insurance consultant is not renewed, expires, is suspended, is revoked, or is terminated, the licensee may continue the license by:  (1) Paying annually or biennially the continuation of license fee prescribed by rule of the Insurance Commissioner; and  (2) Complying with all other rules of the commissioner for continuing the license.    (b)  (1) A licensee who allows his or her license to lapse may reinstate the license within twelve (12) months after the due date of the continuation of license fee without the necessity of passing a written examination.  (2) However, a penalty in the amount of double the unpaid continuation of license fee shall be required for any continuation of license fee received after the due date.
AR Code § 23-64-217 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-217. Procedure following suspension or revocation

 (a)  (1) Upon the suspension or revocation of a license, the Insurance Commissioner shall immediately notify the licensee of the suspension or revocation either in person or by mail addressed to the licensee at the licensee's address last of record with the commissioner or by electronic notice.  (2) Notice by mail or by electronic mail shall be deemed effectuated when so mailed.  (3) The commissioner shall give like notice to the insurers represented by the agent in the case of an agent's license. Upon receipt of notice from the commissioner that the license has been revoked, each insurer represented by the agent shall take appropriate and prompt action necessary to:  (A) Retrieve from the agent all solicitation materials, policy applications, binders, and all other materials in the possession of the agent that are the property of such an insurer; and  (B) Retrieve the agent's policyholder files and records for policies in force at the time such an insurer receives notice of the revocation.      (b) The commissioner may not again issue a license under the Arkansas Insurance Code to any person whose license has been revoked until after the expiration of three (3) years, and thereafter not until:  (1) The person has paid in full any fines, administrative penalties, or monetary penalties imposed on the person at the time of revocation;  (2) The person has paid restitution of actual losses to affected persons when the order of revocation contains findings that the conduct of the person resulted in actual losses to affected persons; and  (3) The person again qualifies for license in accordance with the applicable provisions of the Arkansas Insurance Code.    (c) If the license of a firm, limited liability company, or corporation is so suspended or revoked, no member of the firm or limited liability company or officer or director of the corporation shall be licensed or be designated in any license to exercise the powers thereof during the period of the suspension or revocation unless the commissioner determines upon substantial evidence that the member, officer, or director was not personally at fault and did not acquiesce in the matter on account of which the license was suspended or revoked.
AR Code § 23-64-218 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-218. Return of license to Insurance Commissioner

 (a)  (1) All licenses issued under this chapter, although issued and delivered to the licensee, shall at all times be the property of the State of Arkansas.  (2) Upon any expiration, termination, suspension, or revocation of the license, the licensee or other person having possession or custody of the license shall immediately deliver it to the Insurance Commissioner either by personal delivery or by mail.    (b) As to any license lost, stolen, or destroyed while in the possession of any licensee or person, the commissioner may accept, in lieu of return of the license, the affidavit of the licensee or other person responsible for or involved in the safekeeping of the license concerning the facts of the loss, theft, or destruction.  (c) Any licensee who ceases to maintain his or her residence in this state shall deliver his or her insurance license to the commissioner within ten (10) days after terminating his or her residency.
AR Code § 23-64-220 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-220. Place of business — Maintenance of records — Definition

 (a)  (1) Every resident agent or resident broker shall have and maintain in this state, or in a city or town in another state through which passes the boundary of this state, a place of business accessible to the public.  (2) The place of business shall be that wherein the licensee principally conducts transactions under his or her license.  (3) The address of the place shall appear upon the license, and the licensee shall promptly notify the Insurance Commissioner in writing of any change of address within ten (10) days of that change of address.  (4) Nothing in this section shall be deemed to prohibit maintenance of the place of business in the licensee's place of residence in this state.    (b) The licenses of the licensee shall be conspicuously displayed in the place of business in a part thereof customarily open to the public.  (c)  (1)  (A) The agent or broker shall keep at his or her place of business the usual and customary records pertaining to transactions under his or her license for at least:  (i) Five (5) years from the date the record was created; or  (ii) One (1) year following the final settlement or final adjudication of a criminal proceeding, civil litigation, or an administrative proceeding:  (a) Commenced within five (5) years from the date the record was created; and  (b) Involving records pertaining to a transaction conducted by the agent or broker under his or her license.      (B) A record required to be kept by this subsection may be maintained:  (i) In its original form, electronically, or as a hard copy; and  (ii) By an agent's or broker's insurance company on behalf of the agent or broker, relieving the agent or broker's obligation to maintain the record.      (2) As used in this subsection, “usual and customary records” means:  (A) Applications;  (B) Billing information;  (C) Policy information; and  (D) Claims files.
AR Code § 23-64-221 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-221. Vending machines

 (a) A licensed producer may solicit applications for and issue policies of personal travel and accident insurance by means of mechanical vending machines supervised by him or her and placed at airports, railroad stations, bus stations, hotels, and similar places of convenience to the traveling public if the Insurance Commissioner finds that:  (1) The policy to be so sold provides reasonable coverage and benefits, is reasonably suited for sale and issuance through vending machines, and that use of such a machine therefor in a particular proposed location would be of material convenience to the public;  (2) The type of vending machine proposed to be used is reasonably suitable and practical for the purpose;  (3) Reasonable means are provided for informing the prospective purchaser of the policy of the coverage and restrictions of the policy; and  (4) Reasonable means are provided for refund to the applicant or prospective applicant of money inserted in defective machines and for which no insurance or a less amount than that paid for is actually received.    (b)  (1) As to each machine to be so used, the commissioner shall issue to the agent a special vending machine license.  (2) The license shall specify the name and address of the insurer and agent, the name of the policy to be sold, the serial number of the machine, and the place where the machine is to be in operation.  (3) The license shall be subject to annual continuation, expiration, suspension, or revocation coincidentally with that of the agent.  (4) The commissioner shall also revoke the license as to any machine for which he or she finds that the conditions upon which the machine was licensed, as referred to in subsection (a) of this section, no longer exist.  (5) The license fee shall be as stated in § 23-61-401 for each license year or part of a year for each respective vending machine.  (6) Proof of the existence of a subsisting license shall be displayed on or about each vending machine in use in such a manner as the commissioner may reasonably require.    (c) Application for insurance issued by any vending machine must be signed by or on behalf of the individual to be so insured, as provided in § 23-79-105.
AR Code § 23-64-223 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-223. Fiduciary duties of licensees

 (a) All funds, fees, moneys, premiums, or return premiums received by a licensee in the capacity as a licensee shall be trust funds so received by the licensee in a fiduciary capacity, and the licensee shall in the applicable regular course of business account for and pay these funds, fees, moneys, premiums, or return premiums to the insured, insurer, licensee, or any other person entitled thereto.  (b) Any licensee who, not being lawfully entitled thereto, diverts or appropriates those funds or any portion thereof to his or her own use shall upon conviction be guilty of theft of property and shall be punished as provided by law.
AR Code § 23-64-224 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 64 - Licensees, Agents, Brokers, Adjusters, and Consultants|Subchapter 2 - Licensing and Appointment|§ 23-64-224. Combination agent and broker license

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