Arkansas Administrative Code

23 CAR § 15-107. Standards for prompt, fair, and equitable settlements applicable to insurers. (a) The provisions of this section shall not apply to: (1) Persons that are defined as health carriers under 23 CAR § 15-103(b)(8); (2) Surety and fidelity insurance; (3) Mortgage guara…

23 CAR § 15-108. Standards for prompt, fair, and equitable settlements applicable to private passenger automobile insurance. (a) The provisions of this section shall not apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b) When the insurance polic…

23 CAR § 15-109. Claim filing requirements of health carriers. (a) The provisions of this section shall only apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b) Every health carrier upon receipt of any written inquiry from the State Insurance Dep…

23 CAR § 15-110. Processing of clean claims. (a) The provisions of this section shall only apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b) A health carrier shall pay or deny a clean claim within: (1) Thirty (30) days after receipt by the heal…

23 CAR § 15-111. Processing of claims requiring additional information. (a) The provisions of this section shall only apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b)(1) If the resolution of the claim requires the health carrier to obtain addi…

23 CAR § 15-112. Claim processing standards for health carriers. (a) The provisions of this section shall only apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b) Every health carrier doing business in this state shall strive to meet the followin…

23 CAR § 15-113. Request for investigation. (a) The provisions of this section shall only apply to persons that are defined as health carriers under 23 CAR § 15-103(b)(8). (b)(1) A health claimant may file a consumer complaint with the Insurance Commissioner relating to a health …

23 CAR § 15-114. Minimum standards for precertification or preauthorization reviews as to disability coverage. (a)(1) The purpose of this section is to define certain minimum standards for insurers utilizing precertification or preauthorization reviews to ensure that such cost-co…

23 CAR § 15-115. Severability. Any section or provision of this rule held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this rule.

23 CAR § 16-101. Purpose. The purpose of this part is to establish minimum standards for complaint registers to be maintained by insurers, health maintenance organizations, and risk retention groups pursuant to provisions of the Trade Practices Act, Arkansas Code § 23-66-206(4).…

23 CAR § 16-102. Applicability and scope. This part applies to all: (1) Persons; (2) Insurance policies and insurance contracts; and (3) Contracts, certificates, subscriber agreements, or other evidences of coverage issued by insurers, health maintenance organizations, and risk r…

23 CAR § 16-103. Definitions. As used in this part: (1) "Complaint" means a written communication primarily expressing a grievance; (2) "Insurance Department Complaint" means a written communication regarding a complaint transmitted by the State Insurance Department; and (3) "Per…

23 CAR § 16-104. Content of complaint registers. (a)(1) Exhibit A of this part sets forth the minimum information required to be maintained in a person's complaint register in order for it to comply with Arkansas law. (2) Refinements and additions to the information specified the…

23 CAR § 16-105. Format of complaint registers. (a) Exhibit A is the suggested format for the complaint register required to be maintained by Arkansas law and this part. (b) Refinements, deviations from, or additions to this suggested format are permitted so long as the minimum i…

23 CAR § 16-106. Maintenance of complaint registers. (a) The complaint register shall be kept on a calendar year basis, and the number of complaints by line of insurance, function, reason, disposition, and states of origin shall be compiled not less frequently than annually. (b) …

23 CAR § 16-107. Severability. Any section or provision of this part held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this part.

23 CAR § 17-101. Purpose. The purpose of this part is to set the standards and guidelines under which agents and representatives for automobile clubs or associations can obtain and maintain licenses issued by the State of Arkansas.

23 CAR § 17-102. Applicability and scope. This part shall apply to all agents and representatives engaged in the solicitation and sale of Arkansas membership for automobile clubs and associations.

23 CAR § 17-103. Definitions. As used in this part: (1) "Agent" or "representative" means any person who engages in solicitation and enrollment of Arkansas members for any authorized automobile club or association, but shall exclude any salaried officer or employee who: (A) Has d…

23 CAR § 17-104. License required. Pursuant to Arkansas Code § 23-77-103(a) and § 23-77-108(a), before any agent or representative shall solicit or sell memberships in an automobile club or association transacting business in this state, he or she shall obtain a license from the …

23 CAR § 17-105. License qualifications. Every person applying for an initial agent license or renewal license shall be qualified as follows: (1) Must be of legal age or must have had disabilities of minority removed for all general purposes; (2) Must be a resident of this state …

23 CAR § 17-106. License issuance. After receipt and review of completed applications, payment of license and renewal license fees, and receipt of initial and renewal appointments from authorized automobile clubs or associations, the Insurance Commissioner shall issue such licens…

23 CAR § 17-107. Term of license. (a) Every license issued under this part shall be valid for the calendar year when issued, and automobile club or association appointments may be renewed biennially in odd-numbered years, contingent upon payment of the appropriate fees. (b) Licen…

23 CAR § 17-108. License sanctions. (a) The Insurance Commissioner may suspend for not more than twelve (12) months or may revoke or refuse to continue any license issued under this part and Arkansas laws after: (1) Notice to the licensee and a hearing is held under the provision…

23 CAR § 17-109. Severability. Any section or provision of this part held by a court to be invalid or unconstitutional will not affect the validity of any other section or provision of this part.

23 CAR § 18-101. Purpose. The purpose of this part is to establish requirements and standards for continuing education for natural persons licensed as insurance producers (producers) and adjusters by the Insurance Commissioner (the commissioner).

23 CAR § 18-102. Severability. Any section or provision of this part held by the court to be invalid or unconstitutional will not affect the validity of any other section or provision.

23 CAR § 18-103. Effective date and applicability. This part shall be effective on and after February 1, 2016, and shall be applicable to those persons licensed to act as an insurance producer, adjuster, or continuing education course provider, instructor, or proctor, who must co…

23 CAR § 18-104. Exemptions. This part shall not apply to the following individuals: (1) Individuals holding licenses for which an examination is not required; (2) Company-employed adjusters and limited adjusters as defined in Limited Adjusters’ Licenses, 23 CAR pt. 28; (3) Any l…

23 CAR § 18-105. Program review. Representatives of the Insurance Commissioner shall have the authority to visit a course or program and review its offering at any time including, but not limited to, curriculum records and attendance records.

23 CAR § 18-201. Number of course hours. (a) Upon the effective date of this part, any nonexempt persons licensed as producers shall, biennially on or before their birthdays, satisfactorily complete a minimum of twenty-four (24) hours of continuing education instruction approved …

23 CAR § 18-202. Biennial licensing period. (a) Effective until January 1, 2011, all initial licensees and all renewal licensees for the above-referenced licensees will continue to be issued on an annual basis, with the continuing education requirements of eight (8) or ten (10) h…

23 CAR § 18-203. Requirements for continuing education to qualify as distance learning. (a) "Distance learning" means a classroom educational program in which the licensee and the instructor may be in different physical locations yet interact with each other through various metho…

23 CAR § 18-204. Course approval. Subject to submission and approval of the Insurance Commissioner, the courses or programs of instruction successfully completed which shall be deemed to meet the commissioner’s standards for continuing education requirements are: (1) Any part of …

23 CAR § 18-205. Course hour valuation. (a) The Insurance Commissioner shall assign the number of continuing education hours for which approved courses qualify. (b) Key components. Filings must include and clearly demonstrate: (1) Material that: (A) Is current, relevant, and accu…

23 CAR § 18-206. Certificates and evidence of CE completion. (a) Certificates of completion (see Appendix E) which were issued to producers prior to the effective date of this part will be valid for filing with the Insurance Commissioner until the expiration date listed on the ce…

23 CAR § 18-207. Course repetition. Courses may not be repeated within a two-year period of time.

23 CAR § 18-301. Forms. (a)(1) The following forms are prescribed by the Insurance Commissioner and are attached as exhibits to this part. (2) All forms are available upon request to the State Insurance Department or via the department’s website at https://insurance.arkansas.gov/…

23 CAR § 18-302. Application for approval. (a)(1) Application for approval as a provider shall be submitted to the License Division of the State Insurance Department not less than sixty (60) days prior to the expected use of the program. (2) The provider shall submit the course f…

23 CAR § 18-303. Schedule changes. Changes in schedules are to be filed with the State Insurance Department no later than two (2) weeks before such program or course is offered.

23 CAR § 18-304. Fees and renewal. (a) The fee for a provider is one hundred dollars ($100) annually and is renewed September 1 of each year for one hundred dollars ($100). (b) Failure to renew will result in the provider, courses, and instruction to become inactive, and the prov…

23 CAR § 18-305. Instructor qualifications. (a) An approved instructor teaching any approved course of instruction or lecturing at any approved seminar or meeting shall qualify for two (2) hours of credit for each hour presented. (b)(1) Instructors must have had specific insuranc…

23 CAR § 18-401. Attendance roster. (a)(1) For each completed course, an approved course provider shall file with the Insurance Commissioner or his or her designee a roster by electronic submission as prescribed in Appendix H. (2) The course provider shall electronically file the…

23 CAR § 18-402. Filing fee. (a) Every person/producer subject to this part shall tender a ten-dollar CE filing fee in the manner and at the time as directed by the Insurance Commissioner or by a vendor of the commissioner until the implementation of the biennial renewal period. …

23 CAR § 18-403. Carryover of excess hours. (a) Excess educational hours accumulated during any biennial period may be carried forward only to the next biennial period, subject to other limitations in this part. (b) Continuing education carried forward to the following calendar y…

23 CAR § 18-404. Time extension for good cause. For good cause shown, the Insurance Commissioner may grant an extension of time during which the requirements may be completed.

23 CAR § 18-405. Penalties. (a)(1) Upon failure of any producer to comply with Arkansas Code § 23-64-301 et seq., the Insurance Commissioner shall take the steps enumerated in Arkansas Code § 23-64-304(d) against such individual's license. (2) Failure to comply with this part may…

23 CAR § 19-101. Purpose and scope. (a) The purpose of this part is to set forth the standards which the Insurance Commissioner may use for identifying insurers found to be in such condition as to render the continuance of their business hazardous to: (1) Their policyholders; (2)…

23 CAR § 19-102. Standards. (a) The following standards, either singly or a combination of two (2) or more, may be considered by the Insurance Commissioner to determine whether the continued operation of any insurer transacting insurance business in this state might be deemed to …

23 CAR § 19-103. Commissioner’s authority. (a) For the purposes of making a determination of an insurer’s financial condition under this part, the Insurance Commissioner may: (1) Disregard any credit or amount receivable resulting from transactions with a reinsurer that is: (A) I…