Arkansas Administrative Code › Agency 054 - Arkansas Insurance Department › Rule 054.00.18-002 - Amend Rule 57: "Insurance Department Administrative and Regulator Fees"

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1. PURPOSE.
The purpose of this Rule and Regulation is to implement and
			 clarify the pertinent fee provisions of Act 652 of 1993, "The State Insurance
			 Department Trust Fund Act" [codified at Ark Code Ann. §§
								23-61-701 et
			 seq.]; Act 901 of 1993, the Department's "Omnibus Act"; Act 787 of 1993, the
			 "Life Care Providers Act" [codified at Ark. Code Ann. §§
								23-93-201
			 et seq.] and others. This Rule is designed to specify the amount, method and
			 manner of payment of nonrefundable administrative and regulatory fees of
			 insurers, agents and other licensees or registrants, as well as other filing
			 fees for various Arkansas Insurance Department ("Department") products and
			 services, all of which are payable to "The State Insurance Department Trust
			 Fund" ("Trust Fund").
It is also to emphasize that fees charged under current laws are
			 not affected, diminished or altered by the provisions of this Rule. As
			 appropriate, and to the extent fees are charged under other Arkansas laws for
			 the same product, process or service as to which a fee is to be paid pursuant
			 to the Acts referenced herein and this Rule and Regulation, this Rule is to
			 provide for the payment of all of such fees in a coordinated, consistent
			 manner.
SECTION 2.
		  AUTHORITY; SCOPE AND APPLICATION,
(a)
		  AUTHORITY. The Insurance Commissioner hereby promulgates and issues this Rule
		  and Regulation under his authority pursuant to the provisions of Ark. Code Ann.
		  §§
								23-61-701 et
		  seq.,
		  23-61-108,
		  25-15-201 et
		  seq., and other applicable Arkansas laws.
(b)
(1) 
		  SCOPE AND APPLICATION. This Rule or any applicable parts shall apply to
		  insurers, agents and other current or former licensees, permittees,
		  registrants, and applicants for licensure of the Insurance Commissioner. Such
		  licensees, registrants or permittees or applicants for licensure shall include
		  but not be limited to:
(A) Insurers and
		  Similar Entities: All licensed domestic, foreign and alien insurance companies,
		  including but not limited to stock and mutual insurers, title insurance
		  companies, mutual assessment life and disability insurers, reciprocal insurers,
		  approved but not admitted surplus line insurers, health maintenance
		  organizations ("HMO's"), fraternal benefit societies, hospital and medical
		  service corporations, stipulated premium insurers, farmers' mutual aid
		  associations ("FMAA's"), prepaid legal insurers, advisory/rate service
		  organizations, property and casualty JUA's, associations, pools and syndicates
		  not qualifying as advisory organizations under §§ 23-67-101, et
		  seq.;
(B) Auto Clubs: All licensed
		  automobile clubs or associations;
(C) Agents and Brokers: All licensed resident
		  and non-resident insurance agents, brokers, viatical settlement agents and
		  brokers, consultants, risk retention group agents and purchasing group brokers,
		  HMO producers, prepaid legal insurance agents, FMAA agents, all licensed
		  resident and nonresident insurance agencies;
(D) TPA's: All registered third party
		  administrators ("TPA's");
(E)
		  Education Course Providers: All current approved course providers for agent
		  pre-licensure and continuing education;
(F) Fraternals: All licensed fraternal
		  benefit society agents, excluding all officers, members, employees or other
		  representatives exempt from examination or State licensure by
		  statute;
(G) Adjusters: All
		  licensed resident and non-resident adjusters and limited adjusters;
(H) Surplus Lines: All licensed resident
		  surplus line brokers, and all licensed surplus line brokers for purchasing
		  groups only;
(I) Continuing Care
		  Facilities;
(J) Notary Bond Surety
		  Corporations;
(K) Managing General
		  Agents/Agencies;
(L) Reinsurance
		  Intermediaries and Accredited/Trusteed Reinsurers;
(M) Professional Employer Organizations and
		  employer Service Assurance Organizations; and
(N) Others: as mentioned elsewhere in this
		  Rule, or others as applicable.
All persons and entities referred to in paragraphs (b) (1) (A)
			 through (b) (1) (N) may sometimes hereinafter be referred to collectively as
			 "Licensees, Registrants, or Permittees."
(2) All administrative and regulatory fees
		  set forth in this Rule and Regulation are in addition to any other fees imposed
		  under current laws and rules, and shall be paid coincident witin tine payment
		  of other fees currently owing. However, where practical and as a convenience to
		  tine reader, certain statutory fees are referenced within this Regulation to
		  assist the reader in determining the appropriate fee amount, when both the
		  statute and this Regulation charge different fees for the same services. Note
		  also, that a few fees referenced herein list an annual or biennial fee amount
		  but may be due on an annual or biennial schedule.
(3) The Commissioner in his discretion may
		  waive all or any part of any fee assessed under this rule if:
(A) the Certificate of Authority, license,
		  permit or registration is suspended or revoked;
(B) if the Commissioner finds that the
		  licensee, permittee or registrant is impaired or insolvent, or its continuing
		  operations are hazardous to the public of this State; or
(C) if the licensee, permittee or registrant
		  is under domiciliary department supervision of this or another State, or
		  court-ordered conservation, rehabilitation, liquidation or has filed for
		  bankruptcy under Chapter 11 of Title 11, United States Code. Any licensee,
		  permittee, registrant or its domiciliary conservator, rehabilitator,
		  liquidator, or trustee in bankruptcy may request a fee waiver in writing; but
		  the Commissioner may not consider waivers for those failing to file a written
		  request therefor. Upon activation or reinstatement of any suspended certificate
		  of authority, license, permit or registration, or upon approval of a bankruptcy
		  reorganization plan or successful release from conservation or rehabilitation,
		  then the licensee, permittee, or registrant shall automatically commence
		  reporting and payment of any of the fees in this Rule applicable to resumed
		  Arkansas operations under the license, permit or registration. Trust Fund
		  reimbursement for fees which would have been required and assessed but for the
		  waiver during that period shall not be required. Upon failure of any such
		  person, firm, or corporation to file for waiver or pay the fees when due, or
		  upon the Commissioner's denial of the requested waiver, the Commissioner may
		  file his claim on behalf of the Trust Fund against any deposit or other asset
		  of the person, firm or corporation as permitted by insurance and other
		  applicable laws of this State.
(4) It is the intent of the Commissioner not
		  to charge fees for filings which are made with the Department for
		  "informational purposes only", and which are otherwise exempt from filing or
		  not expressly required to be filed by statute, regulation, or order. The
		  Commissioner in his reasonable discretion, reserves the right to determine
		  whether, in fact, a particular filing is truly for informational purposes
		  only.