reglab/housing_qa huggingface dataset:
AR Code § 23-61-301 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-301. Examination, investigation, or hearing — Witnesses and evidence

 (a) With respect to the subject of any examination, investigation, or hearing being conducted by the Insurance Commissioner, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the production of records, books, papers, contracts, and other documents.  (b)  (1) Witness fees and mileage shall not be allowed as to any licensee of the commissioner.  (2) Witness fees and mileage of persons or entities not licensees of the commissioner, if claimed, shall be allowed the same as for testimony in a circuit court. Provided, however, that such a claim must be made at the time, date, and place of the hearing to which the person or entity has been summoned, and the amount thereof shall be processed in the same manner as are State Insurance Department employees' requests for expense reimbursement from the State of Arkansas.  (3) Witness fees, mileage, and the actual expense necessarily incurred in securing attendance of witnesses and their testimony shall be itemized and shall be paid by the person being examined or investigated if, in the proceedings in which the witness is called, the person is found to have been in violation of the law, or paid by the person, if other than the commissioner, at whose request the hearing is held.    (c)  (1) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court and may be served by certified mail.  (2) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, upon application of the commissioner, the circuit court of the county in which is pending the proceeding at which the individual was required to appear may issue an order requiring the individual to comply with the subpoena and to testify.  (3) Any failure to obey the order of the court may be punished by the court as a contempt thereof.    (d) If any officer, director, or manager of an insurer has refused, in connection with examination of the insurer by the commissioner, to be examined under oath concerning its affairs, then the commissioner is authorized to conduct and enforce by all appropriate and available means any examination under oath in any state or territory of the United States in which any officer, director, or manager may then presently be to the full extent permitted by the laws of the state or territory, this special authorization considered.  (e) Any person willfully testifying falsely under oath in this state as to any matter material to any examination, investigation, or hearing shall, upon conviction, be guilty of perjury and punished accordingly.
AR Code § 23-61-302 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-302. Examination, investigation, or hearing — Testimony compelled

 (a)  (1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement.  (2) If a statement is filed under subdivision (a)(1) of this section, the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise.    (b) If testimony or evidence is received or produced under subdivision (a)(2) of this section, the individual is not entitled to any immunity or privilege on account of any testimony he or she may give or evidence produced.
AR Code § 23-61-303 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-303. Hearing — Generally

 (a) The Insurance Commissioner may hold hearings for any purpose within the scope of the insurance laws of this state.  (b)  (1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act, or failure of the commissioner to act, or by any report, rule, or order of the commissioner, other than an order for the holding of a hearing, or an order on hearing or pursuant thereto.  (2) Any demand shall specify the grounds to be relied upon as a basis for the relief to be demanded at the hearing, and unless postponed by mutual consent, the hearing shall be held within thirty (30) days after receipt by the commissioner of the demand.  (3) If the commissioner has a conflict or is otherwise unable to serve, the commissioner may appoint and compensate a person, including without limitation an attorney or retired judge, from outside the State Insurance Department to act as a hearing officer.    (c) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of the commissioner's previous action.
AR Code § 23-61-304 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-304. Hearing — Notice

 (a) Not less than ten (10) days in advance, the Insurance Commissioner shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing.  (b) If the persons to be given notice are not specified in the provisions pursuant to which the hearing is held, the commissioner shall give notice to all persons to be directly and immediately affected by the hearing.
AR Code § 23-61-305 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-305. Hearing — Procedures

 (a) Hearings may be closed to the public at the Insurance Commissioner's discretion, except that a hearing shall be open to the public if so requested in writing by any party to the hearing.  (b) The commissioner shall allow any party to the hearing to appear in person and by counsel, to be present during the giving of all evidence, to have a reasonable opportunity to inspect all documentary evidence and to examine witnesses, to present evidence in support of his or her interest, and to have subpoenas issued by the commissioner to compel attendance of witnesses and production of evidence in his or her behalf.  (c) The commissioner shall permit to become a party to the hearing by intervention, if timely, only those persons who were not original parties to the hearing and whose pecuniary interests are to be directly and immediately affected by the commissioner's order made upon the hearing.  (d) Formal rules of pleading or evidence need not be observed at any hearing.  (e)  (1) Upon written request timely made by a party to the hearing and at that person's expense, the commissioner shall cause a full stenographic record of the proceedings to be made by a competent reporter.  (2) If transcribed, a copy of the stenographic record shall be furnished to the commissioner. Notwithstanding the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the transcribed stenographic record shall be furnished to the commissioner without cost to the commissioner or the state and shall be a part of the commissioner's record of the hearing.  (3) If so transcribed, a copy of the stenographic record shall be furnished to any other party to the hearing at the request and expense of the other party.  (4) If no stenographic record is made or transcribed, the commissioner shall prepare an adequate record of the evidence and of the proceedings.    (f) Upon written request of a party to a hearing filed with the commissioner within thirty (30) days after any order made pursuant to a hearing has been mailed or delivered to the persons entitled to receive the order, the commissioner, in his or her discretion, may grant a rehearing or reargument of the matters involved in the hearing, and notice of the rehearing or reargument shall be given as provided in § 23-61-304.
AR Code § 23-61-306 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 3 - Proceedings|§ 23-61-306. Hearing — Order

 (a) In the conduct of any hearing under the Arkansas Insurance Code and making his or her order thereon, the Insurance Commissioner shall act in a quasi-judicial capacity.  (b) Within thirty (30) days after termination of the hearing or of any rehearing thereof or reargument thereon, the commissioner shall make his or her order on hearing, covering matters involved in that hearing and in any rehearing or reargument and shall give a copy of the order to the same persons given notice of the hearing and to all parties to the hearing.  (c) The order shall contain a concise statement of the facts as found by the commissioner and of his or her conclusions from those facts and the matters required by § 23-61-109.  (d) The order may affirm, modify, or nullify action theretofore taken and may constitute the taking of new action within the scope of the notice of hearing.
AR Code § 23-61-402 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 4 - Fees|§ 23-61-402. Disposition

 (a) The Insurance Commissioner shall deposit all fees collected under § 23-61-401 into the State Treasury as special revenues. Unless specifically authorized by law, order, or consent decree for collection and deposit into other accounts or other trust funds as general or special revenues, including, but not limited to, the State Insurance Department Trust Fund under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., the Insurance Continuing Education Trust Fund under § 23-64-307, and the State Insurance Department Criminal Investigation Division Trust Fund under § 23-100-103, all fees, penalties and fines, gifts, grants and endowments and awards, restitution payments, interest and investment income, and dividends paid or payable to or collected by the commissioner, or both, and not otherwise appropriated shall be deposited into the State Insurance Department Trust Fund as special revenues for the maintenance, operation, and support of and improvements to the State Insurance Department.  (b) On the last business day of each month, the State Treasury shall credit the net amount of the fees collected under § 23-61-401 to the Constitutional Officers Fund and the State Central Services Fund to be used for the maintenance, operation, and improvement of the respective agencies and services receiving support from the Constitutional Officers Fund and the State Central Services Fund as authorized by law.
AR Code § 23-61-501 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 5 - Jurisdiction Over Health Benefit Providers|§ 23-61-501. Purpose

 The purpose of this subchapter is to:   (1) Enable the State of Arkansas to determine jurisdiction over the providers of health care benefits described in § 23-61-503;  (2) Allow examinations by this state unless the provider of health care benefits is able to show it is not subject to the jurisdiction of the State Insurance Department; and  (3) Make the provider of health care benefits subject to the applicable laws of this state unless it can show that it is not subject to the jurisdiction of the department.
AR Code § 23-61-502 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 5 - Jurisdiction Over Health Benefit Providers|§ 23-61-502. Exempt health care plans

 The provisions of this subchapter shall not apply to those health care plans which are maintained:   (1) Pursuant to a collective bargaining agreement;  (2) By a tax exempt rural electric cooperative;  (3) By The Poultry Federation; or  (4) By any nonprofit vision service plan corporation composed of at least fifty (50) participating optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for so that no element of risk is incurred by any subscriber group or person.
AR Code § 23-61-503 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 5 - Jurisdiction Over Health Benefit Providers|§ 23-61-503. Jurisdiction of State Insurance Department — Application of Arkansas Insurance Code

 (a) Notwithstanding any other provision of law and except as provided in this subchapter, any person, entity, or plan that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospital, or optometric expenses, whether the coverage is by direct payment, reimbursement, or otherwise, shall be presumed to be subject to the jurisdiction of the State Insurance Department and to all other applicable provisions of the Arkansas Insurance Code unless the person, entity, or plan described in this section shows that it is not subject to the jurisdiction of the department.  (b) This subchapter shall not apply to:  (1) A trust established under §§ 14-54-101 and 25-20-104 to provide benefits such as accident and health benefits, death benefits, dental benefits, and disability income benefits; or  (2) The Comprehensive Health Insurance Pool Act, § 23-79-501 et seq.
AR Code § 23-61-504 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 5 - Jurisdiction Over Health Benefit Providers|§ 23-61-504. Examination required — Exception

 Any person, entity, or other provider described in § 23-61-503 that fails to show it is not subject to the jurisdiction of the State Insurance Department shall submit to an examination or investigation by the Insurance Commissioner to determine its organization, solvency, and compliance with the Arkansas Insurance Code.
AR Code § 23-61-508 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 5 - Jurisdiction Over Health Benefit Providers|§ 23-61-508. Rules

 The Insurance Commissioner is authorized to promulgate rules which may be necessary for the implementation and enforcement of this subchapter.
AR Code § 23-61-601 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-601. Title

 This subchapter may be cited as the “Risk Management Act”.
AR Code § 23-61-602 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-602. Purpose

 (a) It is the purpose of this subchapter to reduce the cost to the state of insurance coverage, including surety bonds, by establishing the Risk Management Division.  (b) It is also the purpose of this subchapter that the division analyze and make recommendations as to cost-effective loss control and safety programs for the various state agencies.  (c) It is also the purpose of this subchapter to authorize the division to advise and give assistance to municipalities, counties, school districts, and improvement districts as to the procurement of insurance coverage and other risk management techniques.
AR Code § 23-61-603 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-603. Definitions

 As used in this subchapter, unless the context otherwise requires:   (1) “Risk management” means the minimization of loss through the discovery of loss sources, evaluation of the impact of a possible loss on the organization, and the selection of the most effective and efficient technique of dealing with risk of loss;  (2) “Risk manager” means the Administrator of the Risk Management Division; and  (3) “State agencies” means any agencies, boards, bureaus, commissions, councils, departments, institutions, or other establishments of this state.
AR Code § 23-61-604 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-604. Risk Management Division — Creation

 There is created a Risk Management Division within the State Insurance Department.
AR Code § 23-61-605 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-605. Risk manager — Appointment — Authority

 (a)  (1) The Administrator of the Risk Management Division will be appointed by the Insurance Commissioner.  (2) The risk manager shall be knowledgeable and experienced in risk management techniques.    (b) The risk manager shall have the authority to:  (1) Establish standardized specifications for insurance coverage of all state agencies;  (2) Determine all specifications for insurance coverage of state agencies;  (3) Assist and advise state agencies in the procurement of insurance coverage;  (4) Establish a system for reporting insured or uninsured losses incurred by state agencies and purchases of insurance by state agencies within guidelines established by the risk manager;  (5) Develop and promote programs to control losses and encourage safety; and  (6) Perform any other function of risk management as directed by the commissioner.
AR Code § 23-61-606 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-606. Procurement of insurance or surety bonding

 (a) The State Procurement Director shall procure insurance or surety bonding in accordance with the Arkansas Procurement Law, § 19-11-201 et seq., unless the risk manager determines that it is in the best interest of the state for the director to procure insurance or surety bonding by negotiation, or for any state agency to procure all or part of its own insurance or surety bonding.  (b) When the Administrator of the Risk Management Division authorizes state agencies to procure insurance or surety bonding, the authorization shall be made in writing and approved by the Insurance Commissioner. The authorization may be made for, but not limited to, purchases not exceeding an amount established by rules, particular lines of insurance, and purchases by state agencies with a demonstrated expertise in the field of risk management.  (c) Upon approval of the risk manager and the director, a state agency may be authorized to procure insurance or surety bonding under emergency conditions. Emergency conditions exist when life, health, welfare, assets, or functional operations of an agency are or may be threatened or impaired.  (d) The director shall not have jurisdiction over the procurement of surety bonding or insurance coverage for state agencies except as provided by this subchapter.
AR Code § 23-61-607 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-607. Rules

 (a) The Administrator of the Risk Management Division shall have the authority to promulgate rules consistent with this subchapter.  (b) All rules shall be subject to the approval of the Insurance Commissioner and conform with the requirements of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
AR Code § 23-61-608 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-608. Advice and assistance for certain political subdivisions

 (a) At the request of any municipality, county, school district, or improvement district, the risk manager may give advice and assistance on the purchase of insurance coverage and other risk management techniques.  (b) However, counties, municipalities, school districts, and improvement districts may be required to reimburse the State Insurance Department for expenses incurred by providing the assistance. Reimbursements shall not include salary and benefit expenses for full-time state employees.  (c) The reimbursements shall be deposited into the State Treasury as nonrevenue receipts refund to expenditures.  (d) This section shall only be used in the event that budgetary constraint dictates this action to prevent undue fiscal hardships on the department.
AR Code § 23-61-609 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-609. Reports by state agencies

 State agencies shall report to the Administrator of the Risk Management Division information that the risk manager determines to be necessary to analyze and manage the risk of loss of state assets.
AR Code § 23-61-610 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 6 - Risk Management Act|§ 23-61-610. Annual report

 The Administrator of the Risk Management Division shall report annually to the Governor and the Legislative Council on his or her findings and recommendations.
AR Code § 23-61-701 (2020)
2020 Arkansas Code|Title 23 - Public Utilities and Regulated Industries|Subtitle 3 - Insurance|Chapter 61 - State Insurance Department|Subchapter 7 - State Insurance Department Trust Fund Act|§ 23-61-701. Title

 This subchapter shall be known as the “State Insurance Department Trust Fund Act”.