Arkansas Administrative Code

23 CAR § 38-102. Definition of noninsurance subsidiary. “Noninsurance subsidiary” means a corporation or other entity in which an insurer has, directly or indirectly, a majority ownership, and such corporation or other entity: (1) Is not necessary and incidental to the convenient…

23 CAR § 39-101. Scope and purposes. (a) The purpose of this part is to: (1) Implement Acts 2019, No. 698; and (2) Promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state. (b)(1) The requirements of this part …

23 CAR § 39-102. Definitions. As used in this part: (1) "Aggregator site" means a website that provides access to information regarding insurance products from more than one (1) insurer, including product and insurer information, for use in comparison shopping; (2) "Blanket trave…

23 CAR § 39-103. Licensing and registration. (a)(1) The Insurance Commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license…

23 CAR § 39-104. Premium tax. (a) A travel insurer shall pay a premium tax, as provided in Arkansas Code § 26-57-603, on travel insurance premiums paid by any of the following: (1) An individual primary policyholder who is a resident of this state; (2) A primary certificate holde…

23 CAR § 39-105. Travel protection plans. Travel protection plans may be offered for one (1) price for the combined features that the travel protection plan offers in this state if the: (1) Travel protection plan: (A) Clearly discloses to the consumer at or prior to the time of p…

23 CAR § 39-106. Sales practices. (a)(1) All persons offering travel insurance to residents of this state are subject to the Trade Practices Act, Arkansas Code § 23-66-201 et seq., except as otherwise provided in this section. (2) In the event of a conflict between this part and …

23 CAR § 39-107. Travel administrators. (a) Notwithstanding any other provisions of the insurance laws of this state, no person shall act or represent itself as travel administrator for travel insurance in this state unless that person: (1) Is a licensed property and casualty ins…

23 CAR § 39-108. Policy. (a) Notwithstanding any other provision of the insurance laws of this state, travel insurance shall be classified and filed for purposes of rates and forms under a marine line of insurance, provided, however, that travel insurance that provides coverage f…

23 CAR § 4-101. Purpose. The purpose of this rule is to implement the antifraud assessment specified in Arkansas Code § 23-100-104.

23 CAR § 4-102. Scope and application. (a) Scope. (1) This rule shall apply to all licensed insurers, including but not limited to all licensed: (A) Stock and mutual insurance companies; (B) Reinsurers; (C) Health maintenance organizations; (D) Fraternal benefit societies; (E) Ho…

23 CAR § 4-103. Antifraud assessment. (a) The antifraud assessment of licensed insurers due under Arkansas Code § 23-100-104 shall be due and payable in the amounts, methods, and manner described in subsections (b) and (c) of this section on or before June 1 of each calendar year…

23 CAR § 40-101. Purpose. The purpose of this part is to: (1) Implement the Arkansas Firefighter Cancer Relief Network Trust Fund Program; and (2) Establish procedures for providing funds donated under Arkansas Code § 21-5-110 for relief of firefighters who are diagnosed with can…

23 CAR § 40-102. Arkansas Firefighter Cancer Relief Fund Board. (a)(1) The Arkansas Association of Fire Chiefs, the Arkansas Professional Fire Fighters Association, and the Arkansas State Firefighters Association shall establish a board to set or establish eligibility and award a…

23 CAR § 40-103. Eligibility and award amount requirements and procedures. (a) Within sixty (60) days following the first meeting of the Arkansas Firefighter Cancer Relief Fund Advisory Board, the board shall establish: (1) In writing, eligibility criteria and award standards for…

23 CAR § 40-104. Donation process to the Arkansas Firefighter Cancer Relief Network Trust (a) Individuals or businesses may make donations to the Arkansas Firefighter Cancer Relief Network Trust Fund Program by making donations payable to the “Arkansas Firefighter Cancer Relief N…

23 CAR § 41-101. Background and purpose. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. (b)(1) A petition for declaratory or…

23 CAR § 41-102. The petition. (a) The process to obtain a declaratory order is begun by filing with the Insurance Commissioner a petition that provides the following information: (1) The name, address, telephone number, and facsimile number of the petitioner; (2) The name, addre…

23 CAR § 42-101. Purpose. (a)(1) The purpose of this part is to implement the Arkansas Insurance Business Transfer Act, Arkansas Code § 23-69-501 et seq., to provide standards and procedures for the transfer and novation of insurance policies from a transferring insurer to an ass…

23 CAR § 42-102. Applicability and scope. (a) This part applies to all proposed transactions pursued under the Arkansas Insurance Business Transfer Act, Arkansas Code § 23-69-501 et seq., in which a transfer is sought of some or all insurance obligations, risks, or both, of exist…

23 CAR § 42-103. Definitions. As used in this part: (1) "Affiliate" has the meaning ascribed to such term in Arkansas Code § 23-63-503; (2) "Applicant" means a transferring insurer or reinsurer applying under Arkansas Code § 23-69-506; (3)(A) "Assuming insurer" means an insurer d…

23 CAR § 42-104. Application procedure. (a) Insurance business transfer plan — Fee and contents. (1) An insurance business transfer plan must be filed by the applicant with the Insurance Commissioner for his or her review and approval. (2) At the time of filing its application wi…

23 CAR § 42-105. Review of insurance business transfer plan. (a) Matters to be considered during the Insurance Commissioner’s review. (1) When reviewing an applicant’s insurance business transfer plan for authorization to submit to the court, the commissioner shall consider, amon…

23 CAR § 42-106. Petition for court approval and implementation order. (a) If the Insurance Commissioner determines that the plan may proceed with the court filing, the commissioner shall confirm that fact in writing to the applicant. (b)(1) Within thirty (30) days after the comm…

23 CAR § 42-107. Confidentiality. The confidentiality provisions in the Arkansas Insurance Code and rules, including, but not limited to, Arkansas Code § 23-61-103(d)(5), related to actuarial reports, Arkansas Code § 23-61-103(d), related to active investigations or examinations,…

23 CAR § 43-101. Application of Insurance Code and rules. (a) Unless more specifically addressed in this part, the Arkansas Insurance Code, or other State Insurance Department administrative rules that pertain to a specific administrative action or procedure shall apply to the ad…

23 CAR § 43-102. Statement of organization and operations. (a) The State Insurance Department is an agency of state government created under Acts 1959, No. 148, as codified under Arkansas Code § 23-61-101 et seq. (b)(1) Pursuant to Arkansas Code § 23-61-101(c)(1), the primary mis…

23 CAR § 43-103. Information for public guidance and Freedom of Information Act of 1967 requests. (a)(1) The State Insurance Department employs persons holding certain responsibilities for handling Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., requests, l…

23 CAR § 43-104. Public meetings. (a) Neither the Insurance Commissioner nor the State Insurance Department is a commission or governing board that holds regular or special meetings. (b) However, the department holds publicly accessible hearings on all administrative and rulemaki…

23 CAR § 43-105. Website links to State Insurance Department forms and documents. (a) Internet locations to various State Insurance Department forms, documents, or publications, as previously cited in this part, may change from time to time. (b) Interested persons should consult …

23 CAR § 43-106. Forms. (a) The number of forms formally required by the State Insurance Department related to licensing, various transactions, and required filings under its jurisdiction is too abundant to list or attach to this part. (b) For licensees and interested persons, su…

23 CAR § 43-201. Generally. (a) An administrative adjudication proceeding ("adjudicative proceeding") at the State Insurance Department shall be a proceeding qualifying as an adjudication under Arkansas Code § 25-15-202(1)(A). (b) Unless specifically exempted under this part, adj…

23 CAR § 43-202. Exemption for financially related transactions or reviews. (a)(1) Financially related reviews by the State Insurance Department or administrative actions undertaken by the department pertaining to the financial solvency, ownership, condition, or affairs of an ins…

23 CAR § 43-203. Notices of public hearing or hearings. (a)(1) An adjudicative proceeding by the State Insurance Department shall begin from its issuance of a written Notice of Public Hearing (NOPH) mailed to a licensee that: (A) Sets out the date, time, and location of an admini…

23 CAR § 43-204. Continuances. (a) In the event of a conflict or hardship with the date and time of the administrative hearing as set out in the Notice of Public Hearing (NOPH), a respondent may request a rescheduled date and time for the administrative hearing within fifteen (15…

23 CAR § 43-205. Prehearing evidence notes, discovery, and access to department information. (a)(1) If the respondent chooses to request the items listed in Arkansas Code § 25-15-208(a)(3), then, upon such a request, the State Insurance Department shall provide the information to…

23 CAR § 43-206. Conduct of administrative hearing. (a)(1) The conduct of any hearing for an adjudicative proceeding under this part shall follow the provisions of Arkansas Code §§ 23-61-301 – 23-61-306 and any of the requirements described in Arkansas Code § 25-15-208 of the Ark…

23 CAR § 43-207. Interventions. (a) Following issuance of the Notice of Public Hearing (NOPH), interested persons may file a petition, motion, or request to intervene in writing to the Insurance Commissioner under Arkansas Code § 23-61-305(c) setting forth its qualifications for …

23 CAR § 43-208. Style heading and font requirements. (a) The style headings or format for documents, replies, motions, written requests, or responses related to an administrative proceeding subject to this subpart should follow the heading or format of the initial Notice of Publ…

23 CAR § 43-209. Time limit for orders following hearing. (a) The time limit upon the State Insurance Department for the issuance of an order following an adjudicative hearing shall follow the requirement in Arkansas Code § 23-61-306(b) that states an order must be entered within…

23 CAR § 43-210. Review and ratification of hearing officer findings and recommendations. For adjudicative proceedings or hearings in which the Insurance Commissioner does not preside over the matter as a hearing officer, the commissioner shall review the record and recommendatio…

23 CAR § 43-211. Request for rehearing. (a) The respondent in an adjudicative proceeding or hearing may request a rehearing with the Insurance Commissioner under Arkansas Code § 23-61-305(f) within thirty (30) days after the respondent’s receipt of the order by the respondent. (b…

23 CAR § 43-212. Content of the order. (a) The content of an adjudicative order subject to this subpart shall comply with Arkansas Code § 23-61-306(c) and (d) as well as Arkansas Code § 25-15-210. (b) The State Insurance Department does not require a specific form or format of a …

23 CAR § 43-213. Emergency suspension orders on a public emergency basis. (a) Following the issuance of a State Insurance Department-issued emergency order on the basis of a public health, safety, and welfare emergency, pursuant to Arkansas Code § 23-64-216(e), a hearing shall be…

23 CAR § 43-214. Petitions for declaratory rulings under Arkansas Code § 23-61-303(b). (a) At his or her discretion, the Insurance Commissioner may interpret or decide an insurance issue in a written declaratory order issued following the requirements of Declaratory Orders, 23 CA…

23 CAR § 43-215. Aggrieved person demand for hearing. (a) The Insurance Commissioner shall hold a hearing under Arkansas Code § 23-61-303(b) on written demand for a hearing by any person aggrieved by any act, threatened act, or failure of the Insurance Commissioner to act or by a…

23 CAR § 43-216. Consent orders. (a) Upon mutual agreement, the State Insurance Department and the respondent may resolve an administrative adjudication by written stipulation or through a written consent order as approved by the Insurance Commissioner. (b) The order shall be equ…

23 CAR § 43-217. Electronic communications and filings. (a) Any requirement under this subpart necessitating a document in writing may be satisfied if such communication is submitted through electronic means, except for Notices Of Public Hearings (NOPHs) or final orders, which sh…

23 CAR § 43-218. Appeals of department orders. A respondent or intervenor may appeal a final order issued by the Insurance Commissioner as an administrative adjudication order under either Arkansas Code § 23-61-307 or § 25-15-202.

23 CAR § 43-219. Ex parte communications are prohibited. (a) For administrative adjudications in which there has been issued a Notice of Public Hearing (NOPH), no State Insurance Department personnel involved with an investigation or hearing shall communicate with the appointed h…