Arkansas Administrative Code

22 CAR § 10-204. State agency role. (a) Each state agency is responsible for complying with this part to ensure the proper design, construction, and operation of new major facilities and major renovations, as well as to implement energy management plans and guidelines. (b)(1) The…

22 CAR § 10-301. Minimum requirements. (a) The following minimum standards apply to a major facility: (1) A major facility of a public agency or an institution of higher education shall be designed, constructed, and certified to at least a ten percent (10%) reduction below the ba…

22 CAR § 10-401. Limits on purchase. (a) A public agency shall not purchase a building that: (1) Does not meet the design and construction standards that were applicable for a comparable state building at the time of its construction; or (2) Had a major renovation that did not me…

22 CAR § 10-501. General. (a) The Arkansas Energy Office will promote and develop guidelines and provide technical guidance for state agencies to manage energy, water, and other utilities that will reduce total energy consumption per gross square foot for all existing state build…

22 CAR § 10-502. Energy manager. (a)(1) To coordinate the State Buildings Energy Management Program, each agency will assign one (1) person in their organization as the energy manager. (2) The name of this person shall be given to the Arkansas Energy Office and updated as changes…

22 CAR § 10-503. Energy management plan elements. (a)(1) There are many facets to the development of the State Buildings Energy Management Program. (2) The key program areas for energy efficiency in state facilities are: (A) Strategic energy planning; (B) Energy and water usage a…

22 CAR § 10-601. Advisory committee. (a)(1) The Director of the Arkansas Energy Office of the Division of Environmental Quality shall create an advisory committee composed of: (A) Representatives from the design and construction industry who are involved in public works contracti…

22 CAR § 10-701. Performance review. (a) The Arkansas Energy Office, to the extent funds are available, shall conduct a performance review of the Sustainable Energy-Efficient Public Building Rules that include at least the following: (1) An identification of the costs of implemen…

22 CAR § 30-101. Definitions. As used in this part: (1)(A) “Capital improvement projects” include the location of new buildings and facilities on the State Capitol grounds, expansion or addition to existing buildings and facilities located on the State Capitol grounds, location o…

22 CAR § 30-102. Administrative duties. (a) The purpose of this section is to set forth the powers and duties of the Capitol Arts and Grounds Commission. (b) The commission shall: (1) Guide the development of the State Capitol grounds by recommending a Capitol Master Plan for cap…

22 CAR § 30-103. Proposal review and approval procedure. (a) The purpose of this section is to establish rules and procedures for review and approval of various capital improvement projects. (b) Request for review procedures. The following procedures shall be followed by all pers…

22 CAR § 30-104. Appeals. (a)(1) Any person aggrieved by actions of the Capitol Arts and Grounds Commission, through the administration of the commission’s powers and duties, may appeal within ninety (90) days from the final decision of the commission. (2) Such appeal shall be ma…

22 CAR § 30-105. Amendments. Amendments to the Capitol Arts and Grounds Commission’s Capitol Master Plan and rules shall require: (1) Public notice of the consideration of an amendment to be published; (2) A public hearing to be held at least thirty (30) days following the public…

22 CAR § 40-101. Name. The name of this organization shall be called the Capitol Zoning District Commission, being an agency of the State of Arkansas.

22 CAR § 40-102. Purpose. The purpose of these bylaws is to prescribe the organization of the Capitol Zoning District Commission and to establish orderly, equitable, and expeditious procedures for the conduct of its affairs to the end that all may be informed and the public well …

22 CAR § 40-103. Membership. (a)(1) Membership of the Capitol Zoning District Commission shall be composed of nine (9) members who are resident electors of the State of Arkansas. (2) One (1) member shall be the designee of the Governor, one (1) the designee of the Secretary of St…

22 CAR § 40-104. Officers. (a)(1) The Capitol Zoning District Commission shall have a chair, vice chair, and any other officers deemed necessary by the commission. (2) The secretary shall be the Director of the Capitol Zoning District Commission, serving as an ex-officio member o…

22 CAR § 40-105. Committees. (a) Special committees. (1) Special committees may be created by the Capitol Zoning District Commission and charged with such duties as the commission deems necessary or desirable. (2) Such committees shall include at least one (1) commission member. …

22 CAR § 40-106. Meetings. (a)(1) The Capitol Zoning District Commission shall, at the last regular meeting of each calendar year, adopt a schedule of regular meeting dates, including time and location, for the forthcoming year. (2) The schedule shall normally consist of monthly …

22 CAR § 40-107. Amendments. These bylaws may be amended or repealed by an affirmative vote of not less than a majority of the full membership of the Capitol Zoning District Commission.

23 CAR § 1-101. Application of rule. (a)(1) This rule is applicable to each domestic stock insurer which has any class of equity security held of record by one hundred (100) or more persons. (2) However, this rule shall not apply to any insurer if ninety-five percent (95%) or mor…

23 CAR § 1-102. Definitions. (a) The definitions and instructions set out in Schedule SIS, as promulgated by the National Association of Insurance Commissioners, shall be applicable for purposes of this rule. (b)(1) The terms "solicit" and "solicitation" for purposes of this rule…

23 CAR § 1-103. Proxies, consents, and authorizations. No domestic stock insurer, or any director, officer, or employee of such insurer subject to 23 CAR § 1-101, or any other person, shall solicit or permit the use of his or her name to solicit, by mail or otherwise, any proxy, …

23 CAR § 1-104. Disclosure of equivalent information. (a) Unless proxies, consents, or authorizations in respect of any class of equity security of a domestic insurer subject to 23 CAR § 1-101 are solicited by or on behalf of the management of such insurer from the holders of rec…

23 CAR § 1-105. Information to be furnished to stockholders. (a) No solicitation subject to this rule shall be made unless each person solicited is concurrently furnished or has previously been furnished with a written proxy statement containing the information specified in Sched…

23 CAR § 1-106. Requirements as to proxy. (a) The form of proxy shall: (1) Indicate in boldface type whether or not the proxy is solicited on behalf of the management; (2) Provide a specifically designated blank space for dating the proxy; and (3)(A) Identify clearly and impartia…

23 CAR § 1-107. Material required to be filed. (a) Ten (10) preliminary copies of the proxy statement and form of proxy statement and form of proxy and any other soliciting material to be furnished to stockholders concurrently therewith shall be filed with the Insurance Commissio…

23 CAR § 1-108. False or misleading statements. (a) No proxy statement, form of proxy, notice of meeting, information statement, or other communication, written or oral, subject to this rule shall contain any statement which at the time and in the light of the circumstances under…

23 CAR § 1-109. Prohibition of certain solicitations. No person making a solicitation which is subject to this rule shall solicit any: (1) Undated or postdated proxy; or (2) Proxy which provides that it shall be deemed to be dated as of any date subsequent to the date on which it…

23 CAR § 1-201. Applicability. This subpart shall apply to any solicitation subject to this rule by any person or group for the purpose of opposing a solicitation subject to this rule by any other person or group with respect to the election or removal of directors at any annual …

23 CAR § 1-202. Participant or participant in a solicitation. For purposes of this subpart: (1) The terms “participant” and “participant in a solicitation” include: (A) The insurer; (B) Any director of the insurer and any nominee for whose election as a director proxies are solic…

23 CAR § 1-203. Filing of information required by Schedule B. (a)(1) No solicitation subject to this subpart shall be made by any person other than the management of an insurer unless at least five (5) business days prior thereto, or such shorter period as the Insurance Commissio…

23 CAR § 1-204. Solicitations prior to furnishing required written proxy statement. Notwithstanding the provisions of 23 CAR § 1-105(a), a solicitation subject to this subpart may be made prior to furnishing stockholders a written proxy statement containing the information specif…

23 CAR § 1-205. Solicitations prior to furnishing required written proxy statement — Filing requirements. Two (2) copies of any soliciting material proposed to be sent or given to stockholders prior to the furnishing of the written proxy statement required by 23 CAR § 1-105(a) sh…

23 CAR § 1-206. Application of this subpart to report. (a) Notwithstanding the provisions of 23 CAR § 1-105(b) and 1-105(c), two (2) copies of any portion of the report referred to in 23 CAR § 1-105(b) which comments upon or refers to any solicitation subject to this subpart, or …

23 CAR § 10-101. Purpose. The purpose of this rule is to establish standards for the use of the terms "actuary" or "actuarial" by licensed insurers and to interpret certain provisions of Arkansas insurance laws and 23 CAR pt. 88 as they relate to the responsibilities of actuaries…

23 CAR § 10-102. Applicability and scope. This rule shall apply to all reports, statements, and other documents filed with the Insurance Commissioner or issued to the public in relation to the business of insurance by: (1) Licensed insurers; (2) Health maintenance organizations; …

23 CAR § 10-103. Qualified actuary defined. For the purpose of this rule, a qualified actuary includes: (1) A member of the American Academy of Actuaries; (2) With respect to matters involving property and casualty insurers, a member of the Casualty Actuarial Society; (3) With re…

23 CAR § 10-104. Restriction of signing as actuary. No report, statement, or document shall be filed with the Insurance Commissioner or issued to the public in relation to the business of insurance if it is signed by a person who represents himself or herself in such instrument t…

23 CAR § 10-105. Actuarial representation. No person in any representation made to the public or to the Insurance Commissioner with respect to any matter subject to this rule shall use the word "actuary" or "actuarial" to indicate a degree, professional certification, or competen…

23 CAR § 10-106. Annual statements of domestic insurance companies. (a) The provisions of this section shall apply only to domestic: (1) Insurers, including: (A) Title insurers; (B) Legal insurers; and (C) Insurers transacting insurance on a stipulated premium plan basis; (2) Fra…

23 CAR § 10-107. Adverse or qualified opinions. (a)(1) An adverse or qualified opinion is an indication that corrective action is necessary. (2) As to plans for correction of the indicated problem, the Insurance Commissioner will question any company about which such an opinion i…

23 CAR § 10-108. Special provisions for certain domestic companies. (a) The actuary valuing life business for domestic insurers for which there is no statutory basis for reserves should use any appropriate assumptions and methods to establish the true liability. (b) He or she mus…

23 CAR § 10-109. Severability provision. If any section or portion of a section of this rule or the application thereof to any person or circumstances is held invalid by a court, the remainder of this rule or the application of its provisions to other persons or circumstances sha…

23 CAR § 11-101. Purpose. (a) The purpose of this rule is to eliminate the act of denying benefits or coverage on the basis of sex or marital status in the: (1) Terms and conditions of insurance contracts; and (2) Underwriting criteria of insurance carriers. (b) This rule is dire…

23 CAR § 11-102. Applicability and scope. (a) This rule shall apply to all: (1) Contracts delivered or issued for delivery in this state by an insurer on or after the effective date of this rule; and (2) Existing group contracts which are amended or renewed on or after the effect…

23 CAR § 11-103. Definitions. As used in this part: (1) "Accident and health insurer" means: (A) Any insurer which issues "accident and health" insurance as defined in Arkansas Code § 23-62-103; (B) A hospital or medical services corporation; or (C) A health maintenance organizat…