reglab/housing_qa huggingface dataset:
AR Code § 23-61-106 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-106. Insurance Commissioner, deputies, assistants, and other employees — Financial interest prohibited — Exception

 (a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency, or insurance transaction, except as:  (1) A policyholder or claimant under a policy;  (2) A grantor of a mortgage or similar instrument on the person's residence to an entity regulated under the Arkansas Insurance Code if done under customary terms and in the ordinary course of business; or  (3) A settlor or beneficiary of a blind trust into which any otherwise impermissible holdings have been placed, provided that the commissioner may make reasonable exceptions upon full and complete written disclosure to the commissioner of the exact nature and extent of the otherwise impermissible financial interest and adhering to any and all reasonable restrictions as the commissioner may impose upon the terms and conditions of employment.    (b) Notwithstanding the requirements of subsection (a) of this section, the commissioner may employ or retain, from time to time, insurance actuaries, technicians, or other professional personnel who are independently practicing their professions even though similarly employed or retained by insurers or others.  (c) The commissioner, any assistant, deputy, examiner, or other employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be given nor receive any fee, compensation, loan, gift, or other thing of value in addition to the compensation and expense allowance provided pursuant to law for any service rendered or to be rendered as commissioner, deputy, examiner, or employee, or in connection therewith.
AR Code § 23-61-109 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-109. Orders and notices

 (a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority.  (b) Every order shall state its effective date and shall concisely state:  (1) Its intent or purpose;  (2) The grounds on which based; and  (3) The provisions of the Arkansas Insurance Code pursuant to which action is taken or proposed to be taken, but failure to so designate all applicable provisions shall not deprive the commissioner of the right to rely thereon.    (c) Except as may be provided in the Arkansas Insurance Code respecting particular procedures, an order or notice may be given by service upon or delivery to the person to be ordered or notified or by mailing it, postage prepaid, addressed to the person at his or her principal place of business as last of record in the department.
AR Code § 23-61-110 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-110. Enforcement generally

 (a)  (1)  (A) The Insurance Commissioner may institute such suits or other legal proceedings as may be required for enforcement of any provisions of the Arkansas Insurance Code.  (B) In addition, the commissioner may intervene in any civil suit or administrative hearing initiated by another party against any person or entity regulated by the commissioner under the Arkansas Insurance Code, which suit or proceeding directly relates to the financial condition and solvency of such a person or entity.  (C) Nothing in this subsection shall be construed to limit the commissioner's authority as enumerated in other provisions of the Arkansas Insurance Code.    (2) If the commissioner has reason to believe that any person has violated any provision of the Arkansas Insurance Code for which criminal prosecution would be in order, he or she shall so inform the prosecuting attorney in whose district any purported violation may have occurred or the Criminal Investigation Division.  (3) If the commissioner finds that any person has violated any provision of the Arkansas Insurance Code, he or she may order restitution of actual losses to affected persons in addition to the denial, suspension, or revocation of any license or certificate or the imposition of any administrative or civil penalty.    (b) The commissioner may proceed in the courts of this state or any reciprocal state to enforce an order or decision in any court proceeding or in any administrative proceeding before the commissioner.
AR Code § 23-61-112 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-112. Annual report

 (a) As early in the calendar year as reasonably possible, the Insurance Commissioner annually shall prepare and deliver a report to the Secretary of the Department of Commerce showing, with respect to the preceding calendar year:  (1) Names of the authorized insurers transacting insurance in this state, with a summary of their financial statements that the commissioner considers proper;  (2) Names of admitted insurers that closed during the year or entered liquidation, a concise statement concerning the cause for each proceeding, and the amount of assets and liabilities as ascertainable;  (3) The total receipts and expenses of the State Insurance Department for the year; and  (4) Other pertinent information and matters the commissioner considers proper.    (b) If the information required under subsection (a) of this section is contained on the state or the department's website under § 25-19-108 or the Arkansas Financial Transparency Act, § 25-1-401 et seq., the report may refer to the web address where the information is located.
AR Code § 23-61-113 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-113. Disclosure of nonpublic personal information

 (a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102.  (b)  (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, health maintenance organizations, or other insuring health entities regulated by the commissioner, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered by the commissioner.  (2)  (A) An entity or person described in subdivision (b)(1) of this section or a legal entity engaged in the business of insurance, including without limitation an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, agent, broker, and adjuster, shall:  (i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105; and  (ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105.    (B)  (i) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws of this state.  (ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.        (c)  (1) The commissioner shall waive any provision of this section that creates a conflict with similar federal laws or regulations, or which, due to the enactment of any similar federal laws or regulations, creates an undue burden or increased financial or operational demands upon a person or entity described in subdivision (b)(1) of this section in order to comply with this section, the rules to be promulgated by the commissioner, and similar federal laws and regulations.  (2) A person or entity described in subdivision (b)(1) of this section may request a hearing before the commissioner to seek the waiver referenced in subdivision (c)(1) of this section.  (3)  (A) Under § 23-61-307, a person or entity described in subdivision (b)(1) of this section is entitled to appeal the commissioner's decision to deny a waiver.  (B) In an appeal under this section, the commissioner shall be named as defendant.  (C) In any such action, the commissioner may defend the action in his or her discretion.
AR Code § 23-61-115 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-115. Policyholder's Bill of Rights

 (a) The principles expressed in subsection (b) of this section shall serve as standards to be followed by the Insurance Commissioner in:  (1) Exercising the commissioner's powers and duties;  (2) Exercising administrative discretion;  (3) Dispensing administrative interpretations of the law; and  (4) Adopting rules.    (b) Policyholders have the right to:  (1) Competitive pricing practices and marketing methods that enable them to determine the best value among comparable policies;  (2) Insurance advertising and other selling approaches that provide accurate and balanced information on the benefits and limitations of a policy;  (3) An insurer that is financially stable;  (4) Be serviced by a competent, honest insurance producer;  (5) A readable policy;  (6) An insurer that provides an economic delivery of coverage and that tries to prevent losses;  (7) Balanced and positive regulation by the State Insurance Department; and  (8) A reasonable expectation that the policyholder's nonpublic personal information is securely maintained.    (c) This section shall not be construed as creating, extinguishing, repealing, or limiting any civil cause of action.
AR Code § 23-61-116 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-116. Annual report on health insurance fraud

 Annually on or before March 1, the Insurance Commissioner shall submit to the Secretary of the Department of Commerce, the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Attorney General a report summarizing the State Insurance Department's activities to investigate and combat health insurance fraud, including without limitation information regarding:   (1) Referrals received;  (2) Investigations initiated;  (3) Investigations completed; and  (4) Other material necessary or desirable to evaluate the department's efforts under this section.
AR Code § 23-61-117 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 1 - General Provisions|§ 23-61-117. Risk-based provider organizations

 (a) The Insurance Commissioner shall regulate the licensing and financial solvency of risk-based provider organizations, as defined in § 20-77-2703, participating in the Medicaid provider-led organized care system for enrollable Medicaid beneficiary populations as defined in § 20-77-2703.  (b) The commissioner may:  (1) Issue rules to implement this section;  (2) Impose and collect a reasonable fee from a risk-based provider organization for the regulation and licensing of the risk-based provider organization as established by rule of the State Insurance Department; and  (3)  (A) Administer collection of the quarterly tax imposed on risk-based provider organizations under § 26-57-603 pursuant to a rule issued by the department.  (B) The commissioner shall prescribe the reporting, forms, and requirements related to the payment of the quarterly tax in a rule issued by the department.
AR Code § 23-61-201 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-201. Examination of insurers required

 (a)  (1) The Insurance Commissioner shall examine the affairs, transactions, accounts, records, market conduct activity, and assets of each authorized insurer as often as in the commissioner's sole discretion he or she deems advisable.  (2) The commissioner shall so examine each authorized insurer not less frequently than every five (5) years.  (3) Examination of an alien insurer shall be limited to its insurance transactions and affairs in the United States.  (4) In scheduling and determining the nature, scope, and frequency of the examinations, the commissioner shall consider such matters as the results of financial statement analyses and ratios, changes in management or ownership, actuarial opinions, reports of independent certified public accountants, and other criteria as set forth in the most current edition of the applicable examiners handbook and other standards adopted by the National Association of Insurance Commissioners and in effect when the commissioner exercises discretion to conduct an examination under subdivision (a)(1) of this section.    (b) The commissioner may, in like manner, examine each insurer applying for an initial certificate of authority to transact insurance in this state.  (c) In lieu of making his or her own examination of any foreign or alien insurer authorized in this state, the commissioner may, in his or her discretion, accept a full report of the last recent examination of a foreign or alien insurer as prepared by the insurance department for the company's state of domicile or port-of-entry state. After January 1, 1994, such reports may only be accepted by the commissioner if:  (1) The insurance department preparing the report was at the time of the examination accredited under the National Association of Insurance Commissioners' Financial Regulation Standards and Accreditation Program; or  (2) The examination was performed with the participation of one (1) or more examiners employed by such an accredited state insurance department, who, after a review of the examination work papers and report, state under oath that the examination was performed in a manner consistent with the standards and procedures required by their accredited insurance department.    (d) As far as practical, the examination of a foreign or alien insurer shall be made in cooperation with the insurance supervisory officials of other states in which the insurer transacts business.
AR Code § 23-61-202 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-202. Examination of managers and promoters required

 For the purposes of completing an examination of any company under this subchapter, the Insurance Commissioner may, as often as he or she deems advisable, examine or investigate any person, or the business of any person, insofar as such an examination or investigation is, in the sole discretion of the commissioner, necessary or material to the examination of the company.
AR Code § 23-61-203 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-203. Examiners

 (a) Upon determining that an examination should be conducted, the Insurance Commissioner shall issue an examination certificate of authority appointing one (1) or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the examination, the examiner shall observe those guidelines and procedures set forth in the most current edition of the applicable examiners handbook adopted by the National Association of Insurance Commissioners. The commissioner may also employ such other guidelines or procedures as the commissioner may deem appropriate.  (b) When making an examination under this subchapter, the commissioner may retain attorneys, appraisers, independent actuaries, independent certified public accountants, or other professionals and specialists as examiners, the cost of which shall be borne by the company which is the subject of the examination.  (c)  (1) The commissioner may also accept as a part of the State Insurance Department's examination of any insurer or person:  (A) A report by an independent actuary deemed competent by the commissioner; or  (B) A report of an audit made by an independent certified public accountant.    (2) Neither those persons so designated nor any members of their immediate families shall be officers of, connected with, or financially interested in any insurer other than as policyholders, nor shall they be financially interested in any other corporation or person affected by the examination, investigation, or hearing.
AR Code § 23-61-206 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-206. Examination expense

 (a)  (1) Each person examined shall pay to the State Insurance Department the actual travel expenses, reasonable living expense allowance, and compensation for examiners and other persons assisting in the examination according to the examination guidance section in the most current edition of the examiners handbook adopted by the National Association of Insurance Commissioners.  (2) Except as provided in subdivision (a)(1) of this section, the cost of independent professionals used as examiners to assist in an examination under subsection (b) of this section is paid directly by the person examined.    (b)  (1) Payments for travel expenses and living expense allowance received by the department for each examination shall be deposited as cash funds.  (2) Reimbursement shall be made from these funds to examiners and others assisting in the examination.  (3) Per diem charges of examiners and others assisting in the examination shall be computed beginning at the time of reporting for duty at the office of the company to be examined and terminating upon completion of the examination or the examiner's active participation therein and to include actual days for travel as certified by the Insurance Commissioner. If air travel is used, only one (1) day's travel time will be authorized. If an automobile is used, travel time allowed shall be computed at the rate of not less than four hundred (400) miles per day as determined by the Rand McNally Road Map, with the actual mileage traveled compensated at the most current rate per mile approved for state employees.  (4) Examiners and others assisting in the examination shall not be reimbursed for travel time or travel expenses not actually incurred in connection with an assignment, nor shall they be reimbursed for dual living expenses while on branch office assignments.  (5) Examiners and others assisting in the examination, when participating in or conducting an examination of a foreign company, shall be authorized to return to their state of domicile every other weekend. Their expenses will be paid based upon the lesser of airfare or mileage. The reimbursement shall be made in lieu of the per diem allowance. The travel shall be accomplished with a minimum amount of work time lost.    (c) Payments for employee compensation received by the department shall be deposited by the commissioner into the State Treasury to be credited to the State Insurance Department Trust Fund used for the maintenance, operation, and support of the department.  (d) No person shall pay, and no examiner shall accept, any additional emolument on account of any examination.
AR Code § 23-61-207 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-207. Confidentiality of ancillary information

 All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena and may not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205. In addition, all workpapers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from the commissioner or a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of an insurer, shall be confidential and not subject to subpoena, except to the extent as provided in § 23-61-205. Access may also be granted to the National Association of Insurance Commissioners. The parties must agree in writing prior to receiving the information to provide to it the same confidential treatment as required by this section, unless the prior written consent of the company to which it pertains has been obtained.
AR Code § 23-61-208 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 2 - Examination of Insurers, Etc.|§ 23-61-208. Immunity from liability

 (a) No cause of action shall arise nor shall any liability be imposed against the Insurance Commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this subchapter.  (b) No cause of action shall arise, nor shall any liability be imposed against any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this subchapter, if such an act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.  (c) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a) of this section.  (d) A person identified in subsection (a) of this section shall be entitled to an award of attorney's fees and costs, if that person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of his or her activities in carrying out the provisions of this subchapter, and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is “substantially justified” if it had a reasonable basis in law or fact at the time it was initiated.