reglab/statecodes huggingface dataset:
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 55 - UNIFORM MONEY SERVICES ACT (§§ 23-55-101 — 23-55-1007) › Section 23-55-1007 - Multistate automated licensing system

(a)
The Securities Commissioner may:
(1)
Enter into an arrangement, agreement, or other working relationship with federal, state, or self-regulatory authorities, the Conference of State Bank Supervisors, or a subsidiary entity owned by the Conference of State Bank Supervisors to file and maintain documents in a multistate automated licensing system or other central depository system;
(2)
Waive or modify in whole or in part by rule or by order any requirement of this chapter if necessary to implement this section; and
(3)
Establish new requirements under this chapter to carry out the purpose of this section.
(b)
It is the intent of this section that the commissioner be provided the authority to reduce duplication of filings, reduce administrative costs, and establish uniform procedures, forms, and administration with other states and federal authorities.
(c)
(1)
The commissioner may permit or require initial and renewal registration filings required under this chapter to be filed with the Conference of State Bank Supervisors, a subsidiary entity owned by the Conference of State Bank Supervisors, the Financial Industry Regulatory Authority, or another entity maintaining or operating a multistate automated licensing system.
(2)
The applicant or the licensee shall pay any fee charged for the applicant or the licensee to participate in the automated licensing system.
(d)
The commissioner may accept uniform procedures and forms designed to:
(1)
Implement a multistate automated licensing system;
(2)
Implement a uniform national regulatory system; or
(3)
Facilitate common practices and procedures among the states.
Added by Act 2017, No. 620,§ 6, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-101 - Title

This code constitutes the Arkansas Insurance Code.
Acts 1959, No. 148, § 1; A.S.A. 1947, § 66-2001.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-103 - Application of code

Unless otherwise expressly provided for in the Arkansas Insurance Code, no provision of the Arkansas Insurance Code shall apply with respect to the following entities:
(1)
Domestic stipulated premium insurers, as identified in §
23-71-101
et seq., concerning stipulated premium insurers except as stated in those sections;
(2)
Assessment life, health, and accident insurers, as identified in §
23-72-102
et seq., concerning assessment life and disability insurers except as stated in those sections;
(3)
Farmers' mutual aid associations or companies, as identified in §
23-73-102
et seq., concerning farmers' mutual aid associations or companies except as stated in those sections, but excepting the requirements for fraudulent insurance acts prevention, codified in §
23-66-501
et seq., and including the payment of assessments due from insurers and other licensees under the State Insurance Department Criminal Investigation Division Trust Fund Act, §
23-100-101
et seq., which shall apply to farmers' mutual aid associations or companies;
(4)
Fraternal benefit societies, as identified in §
23-74-101
et seq., concerning fraternal benefit societies except as stated in those sections; and
(5)
Nonprofit vision service plan corporations 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.
Amended by Act 2019, No. 315,§ 2608, eff. 7/24/2019.
Acts 1959, No. 148, § 11; 1983, No. 624, § 1; A.S.A. 1947, § 66-2011; Acts 2001, No. 1604, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-105 - Particular provisions prevail

Provisions of the Arkansas Insurance Code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matters in general.
Acts 1959, No. 148, § 13; A.S.A. 1947, § 66-2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-106 - Prior acts, offenses, rights, etc., not affected

The Arkansas Insurance Code shall not impair or affect any act done; offense committed or right accruing, accrued, or acquired; or liability, penalty, forfeiture, or punishment incurred prior to the time the Arkansas Insurance Code takes effect, but the same may be enjoyed, asserted, enforced, prosecuted, or inflicted, as fully and to the same extent as if the Arkansas Insurance Code had not been passed.
Acts 1959, No. 148, § 695; A.S.A. 1947, § 66-2010n.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-107 - Captions and headings not to affect meaning

The scope and meaning of any provision shall not be limited or otherwise affected by the caption or heading of any chapter, section, or provision.
Acts 1959, No. 148, § 14; A.S.A. 1947, § 66-2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-108 - Penalty generally

Unless a greater penalty is provided by another law of this state, a violation of a statute or rule enforceable by the Insurance Commissioner is punishable:
(1)
By the refusal, suspension, revocation, or nonrenewal of a license or certificate of authority; and
(2)
A fine no greater than one thousand dollars ($1,000) per violation, not to exceed fifty thousand dollars ($50,000) in any six-month period.
Amended by Act 2019, No. 315,§ 2609, eff. 7/24/2019.
Acts 1959, No. 148, § 15; A.S.A. 1947, § 66-2015; Acts 2009, No. 726, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-109 - Penalty for false or misleading statements

Any person who files any statement, application, form, or other document required to be filed by the Arkansas Insurance Code knowing the statement or information contained in the document to be false or misleading in any material respect shall be guilty of a Class D felony.
Acts 1973, No. 66, § 1; A.S.A. 1947, § 66-2016; Acts 2005, No. 1994, § 435.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-110 - Compliance with code required

No person shall transact a business of insurance in Arkansas, or relative to a subject of insurance resident, located, or to be performed in Arkansas, without complying with the applicable provisions of the Arkansas Insurance Code.
Acts 1959, No. 148, § 10; A.S.A. 1947, § 66-2010.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-111 - Civil liability

(a)
In the absence of fraud or bad faith, no civil cause of action of any nature shall arise against the person for supplying any information:
(1)
Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees;
(2)
Relating to suspected fraudulent insurance acts furnished to or received from other persons subject to the provisions of the insurance laws of this state; or
(3)
Furnished in reports to the State Insurance Department, National Association of Insurance Commissioners, or any organization established to detect and prevent fraudulent insurance acts or their agents, employees, or designees.
(b)
Neither the Insurance Commissioner nor any employee of the department, in the absence of fraud or bad faith, shall be subject to civil liability, and no civil cause of action of any nature shall arise against the person by virtue of the publication of any report or bulletin related to the official activities of the department.
(c)
Nothing in this section is intended to abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person.
Acts 1987, No. 685, § 1; 2001, No. 1604, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 60 - GENERAL PROVISIONS (§§ 23-60-101 — 23-60-112) › Section 23-60-112 - American Law Institute - Restatement not public policy

A statement of the law in the American Law Institute's Restatement of the Law, Liability Insurance does not constitute the public policy of this state if the statement of the law is inconsistent or in conflict with, or otherwise not addressed by:
(1)
A statute of the State of Arkansas;
(2)
The common law and statute law of England as adopted in Arkansas under §
1-2-119
; or
(3)
Arkansas case law precedent.
Added by Act 2019, No. 742,§ 1, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 23-61-101 - State Insurance Department - Continuation - Assignment of space

(a)
(1)
There is created the State Insurance Department.
(2)
The State Insurance Department is a division of the Department of Commerce.
(b)
Suitable space shall be assigned for the use of the State Insurance Department.
(c)
(1)
(A)
The purpose of the State Insurance Department is to serve and protect the public interest by the equitable enforcement of the state's laws and rules affecting the insurance industry.
(B)
The primary mission of the State Insurance Department shall be consumer protection through insurer solvency and market conduct regulation, and fraud prosecution and deterrence.
(2)
Nothing in this subsection shall be construed to limit the Insurance Commissioner's authority as enumerated in other provisions of the Arkansas Insurance Code.
Amended by Act 2019, No. 315,§ 2610, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 590, eff. 7/1/2019.
Acts 1959, No. 148, § 16; A.S.A. 1947, § 66-2101; Acts 2001, No. 610, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 23-61-102 - Insurance Commissioner

(a)
The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age.
(b)
The commissioner shall serve at the pleasure of the Governor and shall report to the Secretary of the Department of Commerce.
(c)
The commissioner shall take and subscribe to the usual oath of office.
(d)
The commissioner shall receive the salary provided by law.
(e)
(1)
At the time of taking office, the commissioner shall execute bond to the State of Arkansas in the sum of fifty thousand dollars ($50,000) for the faithful performance of his or her duties.
(2)
The form and surety of the bond shall be subject to the approval of the Secretary of the Department of Commerce and the Auditor of State.
(3)
An authorized surety insurer shall be the surety on the bond.
(f)
(1)
The commissioner shall have an official seal.
(2)
All certificates issued by the commissioner shall bear his or her seal.
(3)
Every document executed by the commissioner pursuant to law and bearing his or her official seal shall be received as evidence in any court or other tribunal and may be recorded in the same manner and with like effect as deeds regularly acknowledged.
Amended by Act 2019, No. 910,§ 592, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 591, eff. 7/1/2019.
Acts 1959, No. 148, §§ 17, 18; A.S.A. 1947, §§ 66-2102, 66-2103; Acts 2009, No. 149, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 23-61-104 - Deputies, assistants, and other employees - Appointment - Duties

(a)
The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint such assistants and deputies and such examiners, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her under the Arkansas Insurance Code and as may be authorized by law. All such personnel shall devote their entire business time to their duties in the State Insurance Department.
(b)
The commissioner, in consultation with the Secretary of the Department of Commerce, may employ an actuary on a consulting or full-time basis to perform such duties as the commissioner may designate.
(c)
The commissioner, in consultation with the Secretary of the Department of Commerce, may at any time terminate the appointment, designation, or employment of any assistant, deputy, examiner, attorney, actuary, clerk, or other employee.
(d)
The compensation for all such personnel so appointed or employed shall be as fixed by law.
(e)
The commissioner, in consultation with the Secretary of the Department of Commerce, may contract for and procure on a basis of fee such independently contracting examination, actuarial, technical, and other professional services as he or she may from time to time require for the discharge of his or her duties.
Amended by Act 2019, No. 910,§ 593, eff. 7/1/2019.
Acts 1959, No. 148, § 19; A.S.A. 1947, § 66-2104; Acts 2001, No. 1604, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 23-61-105 - Insurance Commissioner, deputies, assistants, and other employees - Expense allowance

(a)
In addition to compensation for their services, the Insurance Commissioner, his or her deputies, assistants, and other Department of Commerce employees performing duties or working within the State Insurance Department shall be paid their actual and necessary expenses as authorized by the commissioner and incurred by them in the performance of their duties, subject to such limitations as may be otherwise applicable pursuant to law.
(b)
An itemized statement of all expenses for which payment is being claimed shall be certified by the claimant and attached to the expense voucher.
Amended by Act 2019, No. 910,§ 594, eff. 7/1/2019.
Acts 1959, No. 148, § 20; A.S.A. 1947, § 66-2105.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Amended by Act 2019, No. 910,§ 595, eff. 7/1/2019.
Acts 1959, No. 148, § 21; A.S.A. 1947, § 66-2106; Acts 1991, No. 723, § 1; 1999, No. 304, § 1; 2001, No. 1604, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Acts 1959, No. 148, § 27; A.S.A. 1947, § 66-2112.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Acts 1959, No. 148, § 28; 1979, No. 942, § 1; A.S.A. 1947, § 66-2113; Acts 2001, No. 610, § 2; 2005, No. 1697, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Amended by Act 2019, No. 910,§ 598, eff. 7/1/2019.
Amended by Act 2015, No. 1164,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 355,§ 1, eff. 8/16/2013.
Acts 1959, No. 148, § 29; A.S.A. 1947, § 66-2114.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Amended by Act 2017, No. 283,§ 4, eff. 8/1/2017.
Acts 2001, No. 1619, § 1; 2005, No. 506, § 9.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 23-61-114 - [Repealed]

Repealed by Act 2019, No. 521,§ 3, eff. 7/24/2019.
Acts 2003, No. 1007, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Amended by Act 2019, No. 315,§ 2613, eff. 7/24/2019.
Amended by Act 2017, No. 283,§ 5, eff. 8/1/2017.
Acts 2005, No. 1697, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Amended by Act 2019, No. 910,§ 599, eff. 7/1/2019.
Added by Act 2013, No. 1499,§ 3, eff. 7/1/2013.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-61-101 — 23-61-117) › Section 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.
Added by Act 2017, No. 775,§ 3, eff. 3/31/2017.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 2 - EXAMINATION OF INSURERS, ETC (§§ 23-61-201 — 23-61-208) › Section 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.
Acts 1959, No. 148, § 30; A.S.A. 1947, § 66-2115; Acts 1991, No. 723, § 2; 1995, No. 1272, § 3; 1997, No. 1000, § 2; 2007, No. 496, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 2 - EXAMINATION OF INSURERS, ETC (§§ 23-61-201 — 23-61-208) › Section 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.
Acts 1959, No. 148, § 31; A.S.A. 1947, § 66-2116; Acts 1991, No. 723, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 2 - EXAMINATION OF INSURERS, ETC (§§ 23-61-201 — 23-61-208) › Section 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.
Acts 1959, No. 148, § 32; 1979, No. 942, § 20; A.S.A. 1947, § 66-2117; Acts 1991, No. 723, § 4; 1995, No. 1272, § 4; 2007, No. 496, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 2 - EXAMINATION OF INSURERS, ETC (§§ 23-61-201 — 23-61-208) › Section 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.
Acts 1991, No. 723, § 8; 1999, No. 348, § 1; 2009, No. 726, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 2 - EXAMINATION OF INSURERS, ETC (§§ 23-61-201 — 23-61-208) › Section 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.
Acts 1991, No. 723, § 8.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 3 - PROCEEDINGS (§§ 23-61-301 — 23-61-307) › Section 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.
Acts 1959, No. 148, § 36; A.S.A. 1947, § 66-2121; Acts 1993, No. 901, § 48.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 3 - PROCEEDINGS (§§ 23-61-301 — 23-61-307) › Section 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.
Amended by Act 2017, No. 283,§ 7, eff. 8/1/2017.
Acts 1959, No. 148, § 37; A.S.A. 1947, § 66-2122.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 3 - PROCEEDINGS (§§ 23-61-301 — 23-61-307) › Section 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.
Amended by Act 2019, No. 315,§ 2615, eff. 7/24/2019.
Acts 1959, No. 148, § 38; 1979, No. 942, § 2; A.S.A. 1947, § 66-2123; Acts 2011, No. 760, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 61 - STATE INSURANCE DEPARTMENT (§§ 23-61-101 — 23-61-1111) › Subchapter 3 - PROCEEDINGS (§§ 23-61-301 — 23-61-307) › Section 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.
Acts 1959, No. 148, § 39; 1979, No. 942, § 3; A.S.A. 1947, § 66-2124.