Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 2 - FINANCIAL INSTITUTIONS AND SECURITIES (§§ 23-30-101 — 23-55-1007) › Chapter 40 - ARKANSAS PREPAID FUNERAL BENEFITS LAW (§§ 23-40-101 — 23-40-126) › Section 23-40-111 - Issuance of permit - Cancellation or denial

(a)
(1)
The Insurance Commissioner may issue a permit conditioned upon satisfactory completion of all requirements of this chapter prior to the applicant's offering for sale or selling prepaid funeral benefits.
(2)
In addition, prior to the issuance of either an initial or renewal permit, the applicant must be deemed by the commissioner to be competent, trustworthy, and financially responsible to engage in the sale of prepaid funeral contracts in this state.
(b)
(1)
The commissioner may deny an initial application for failure to meet the requirements of subsection (a) of this section or for the applicant's failure to comply with any material provision of this chapter or any valid rule that the commissioner has prescribed, after:
(A)
Thirty (30) days' notice to the applicant or permittee setting forth the grounds for the cancellation, the denial of application for initial permit, or refusal to renew; and
(B)
A hearing if the applicant or permittee requests a hearing.
(2)
After notice to the licensee and after a hearing, the commissioner may suspend any permit under this chapter for up to thirty-six (36) months or may revoke or refuse to continue any permit under this chapter if the commissioner finds that:
(A)
The licensee has failed to comply with any material provision of this chapter or any valid rule or order that the commissioner has prescribed;
(B)
The licensee has obtained its permit through misrepresentation or fraud;
(C)
An officer, director, or owner of the licensee has improperly withheld, misappropriated, or converted any moneys or properties received in the course of prepaid funeral contracts business to the licensee's own use;
(D)
An officer, director, or owner of the licensee has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business;
(E)
The licensee has failed to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the commissioner or his or her representative knowingly waives the timely response requirement in writing;
(F)
The licensee has refused to be examined or produce any of his or her accounts, records, and files for examination or has failed to cooperate with the commissioner in an investigation when requested by the commissioner or his or her representative; or
(G)
The licensee is in violation of any grounds under §
23-40-114(a)
sufficient to subject the organization to delinquency proceedings.
(3)
(A)
If the commissioner finds that one (1) or more grounds exist for the suspension or revocation of any license, the commissioner may impose upon the licensee an administrative penalty in the amount of up to one thousand dollars ($1,000) per violation.
(B)
If the commissioner finds willful misconduct or willful violation on the part of the licensee, the commissioner may impose upon the licensee an administrative penalty of up to five thousand dollars ($5,000) per violation.
(C)
In addition to either penalty imposed under subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, the commissioner may also order restitution of actual losses to affected persons.
(4)
If the commissioner finds in his or her order that the public health, safety, or welfare imperatively requires emergency action, the commissioner may summarily suspend any license issued by him or her but shall promptly hold an administrative hearing regarding the suspension.
(5)
(A)
Upon notice and hearing, if the commissioner finds that the licensee has violated a provision of the prepaid funeral benefits laws of this state or any rule or order of the commissioner and that the licensee has previously violated provisions of the prepaid funeral benefits laws of this state or any rule or order of the commissioner, the commissioner may:
(i)
Take judicial notice of previous orders against the licensee; and
(ii)
Enhance or increase the penalties ordered in the current proceeding against the licensee.
(B)
The commissioner may enter an order under subdivision (b)(5)(A) of this section by:
(i)
The commissioner's own order; or
(ii)
An order entered with the consent of the parties.
(C)
The commissioner shall incorporate a finding under subdivision (b)(5)(A) of this section in any order issued under this subdivision (b)(5).
(6)
(A)
(i)
(a)
Under §
23-40-110(c)
, a licensee's permit expires on June 1 of each year.
(b)
For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1.
(c)
If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner:
(1)
Any existing nonfulfilled prepaid contracts;
(2)
Contract files;
(3)
Inventory reports;
(4)
In-force reports; and
(5)
Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business.
(ii)
(a)
If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i)
(c)
of this section within thirty (30) days of the date of the expiration of the permit.
(b)
If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee.
(iii)
(a)
If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i)
(c)
of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order.
(b)
At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee.
(c)
If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee.
(iv)
If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i)
(c)
of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order.
(B)
The licensee's failure to surrender all the documentation under subdivision (b)(6)(A)(i)
(c)
of this section if there has been a nonrenewal within thirty (30) days of June 1 of a permit, suspension, or revocation, shall subject the licensee to an administrative penalty of:
(i)
One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and
(ii)
Five thousand dollars ($5,000) per violation if:
(a)
The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and
(b)
The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6).
(c)
Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.
Amended by Act 2023, No. 345,§ 2, eff. 8/1/2023.
Amended by Act 2019, No. 315,§ 2505, eff. 7/24/2019.
Acts 1985, No. 156, §§ 5, 7; A.S.A. 1947, §§ 67-1717, 67-1719; Acts 1995, No. 852, § 4; 1999, No. 347, § 1; 2003, No. 987, § 1.