Arkansas Administrative Code

23 CAR § 43-220. Telephonic or live video-based testimony. In the event of a significant hardship upon a witness to attend an administrative adjudicative hearing and upon approval by the State Insurance Department, the respondent, and the appointed hearing officer, a witness in a…

23 CAR § 43-221. Live video-based adjudicative proceedings. (a) Upon approval of the appointed hearing officer, the State Insurance Department, and the respondent, adjudicative proceedings may be conducted by live video conferencing. (b) The department shall appropriately arrange…

23 CAR § 43-222. Preferred filing requirements. (a)(1) For adjudicative proceedings in which a Notice of Public Hearing (NOPH) has been issued, the State Insurance Department does not, at this time, maintain any formal filing or system requirements for it to receive and process f…

23 CAR § 43-223. Administrative actions following a limited-scope market conduct examination. The provisions of this subpart shall apply to administrative actions undertaken by the State Insurance Department against licensees arising from findings pursuant to a limited-scope mark…

23 CAR § 43-224. Denials of insurance producer licensing or renewals. (a) Although a denial by the Insurance Commissioner or State Insurance Department related to an insurance producer's application or renewal for a license is not typically formulated into an administrative order…

23 CAR § 43-225. Denials of insurer, HMO, or other business organization licensing or renewals. (a) Other than actions relating to denials of licensing or renewals by the State Insurance Department or the Insurance Commissioner pertaining to matters described in 23 CAR § 43-202, …

23 CAR § 43-226. Settlement conferences. (a) In his or her discretion, the Insurance Commissioner, or appointed hearing officer, is authorized to require parties in an adjudicative proceeding under this subpart to participate in a settlement conference at a date, time, or locatio…

23 CAR § 43-301. Generally. (a) The requirements under this subpart shall govern the practices and procedures of the State Insurance Department in conducting investigations against licensees for insurance matters or violations of the Arkansas Insurance Code or the department’s ad…

23 CAR § 43-302. Statutory examinations and limited-scope examinations. Statutory or limited scope examinations conducted by the State Insurance Department under Arkansas Code § 23-61-201 et seq., shall not be subject to the provisions under this subpart but shall instead comply …

23 CAR § 43-303. Exemption for financially related investigations or reviews and for other State Insurance Department division activities. (a) Financially related investigations or reviews pertaining to matters described in 23 CAR § 43-202 shall not be subject to the provisions o…

23 CAR § 43-304. Complaints. (a) Upon receipt of a complaint from the State Insurance Department, a licensee insurance producer shall respond to the department in writing within thirty (30) days, and a licensee non-insurance producer shall respond within fifteen (15) working days…

23 CAR § 43-305. Ongoing requirements to respond to department inquiries. (a) A licensee shall have an obligation to respond to additional inquiries pertaining to an active complaint under the same timing restriction under 23 CAR § 43-304 from the licensee's receipt of the inquir…

23 CAR § 43-306. Notice of Investigative Conference. (a)(1) In the event that a licensee's response to a complaint or inquiry fails to sufficiently respond to the complaint or inquiry, or there is a need for additional information from the licensee by the State Insurance Departme…

23 CAR § 43-307. Subpoenas from the department and on-site inspections with subpoenas from the department. (a) Licensees are strongly encouraged to voluntarily supply the State Insurance Department with requested records or files during an investigation to avoid being served a de…

23 CAR § 43-308. Confidentiality of investigations. (a) Investigations of licensees and documents, statements, or records obtained during an investigation under this subpart shall be confidential while the complaint or file or files pertaining to the complaint are under active in…

23 CAR § 43-309. Closing a complaint file or referral for enforcement. Within a reasonable time after review by the State Insurance Department of the complaint and investigative records, the department shall advise the licensee, or other party, in writing of whether: (1) It has c…

23 CAR § 43-310. Complaints referred to the Legal Division. The requirements, practices, and procedures pertaining to investigations by the State Insurance Department shall continue to apply after referral of a complaint to the Legal Division of the State Insurance Department and…

23 CAR § 43-311. Complaint forms. (a)(1) For complaints filed at the State Insurance Department against licensees, the department strongly encourages that the complaint be submitted to the department under the form available at https://sbs.naic.org/solar-web/pages/public/onlineCo…

23 CAR § 43-312. 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. (b) However, the State Insurance Department may send by mail a complain…

23 CAR § 43-401. Generally. The rulemaking procedures of the State Insurance Department shall follow the rulemaking provisions or requirements in Arkansas Code §§ 23-61-108 and 25-15-204, and all other legislative requirements in the Arkansas Code necessary to effectuate rulemaki…

23 CAR § 43-402. Requirement of a public hearing. Pursuant to Arkansas Code § 23-61-108(a)(3), the State Insurance Department shall hold a public hearing on all of its proposed rules without the limitation provided in Arkansas Code § 25-15-204(a)(2)(B) relating to at least twenty…

23 CAR § 43-403. Persons requesting advance notice of rulemaking proceedings. (a) The State Insurance Department shall provide advance notice to persons requesting notice as to rulemaking proceedings under Arkansas Code § 25-15-204(a)(1)(C), relating to advance notice to interest…

23 CAR § 43-404. Proposed rule website publication. The State Insurance Department maintains a dedicated website at https://insurance.arkansas.gov/industry-regulation/legal/proposed-rules/ for proposed rules and activities, which may be reviewed by the public or interested person…

23 CAR § 43-405. Transcripts and public comments. The State Insurance Department shall provide on its dedicated website page for proposed rules a transcript of the public hearing with all of the required Arkansas Legislative Council forms, rule drafts and markups, if any, and pub…

23 CAR § 43-406. Telephonic-based public comments during a rulemaking hearing. The State Insurance Department reasonably strives to permit public comments to be submitted by phone into the administrative record during a rulemaking proceeding by providing a call-in number for such…

23 CAR § 43-407. Conduct of a rulemaking hearing. The Insurance Commissioner or his or her appointed hearing officer shall have full authority to control the admission of any administrative documents, public comments, or testimony to be entered into the public record of a rulemak…

23 CAR § 43-408. Adoption of rule following a rulemaking hearing. (a) The Insurance Commissioner is not required to formally adopt or approve a proposed rule in writing after a rulemaking hearing but may simply permit the promulgation process to continue onto the next steps of le…

23 CAR § 43-409. Rulemaking notebook. (a) At the time of a rulemaking hearing, the State Insurance Department creates and maintains a notebook providing: (1) A list of contents; (2) Any cabinet-level approvals; (3) Public notices; (4) Copies of the proposed final rule with any ma…

23 CAR § 43-410. Department bulletins and directives. (a) From time to time, the State Insurance Department issues administrative bulletins or directives that: (1) Provide department advisories or informal interpretations of insurance or licensing matters, notices of rulemaking a…

23 CAR § 43-411. Department authority to issue rules to implement legislation. (a)(1) The State Insurance Department shall timely issue rules when expressly mandated to do so by the General Assembly to implement legislation. (2)(A) However, if the authority granted to the Insuran…

23 CAR § 43-412. Department rules conforming with NAIC or NCOIL rule models or legislation. (a) The State Insurance Department may promulgate rules, and amendments to such rules from time to time, if a state law or rule is based on a National Association of Insurance Commissioner…

23 CAR § 43-413. Department adoption of NAIC forms, requirements, and manuals. (a) From time to time, the State Insurance Department may adopt: (1) National Association of Insurance Commissioners (NAIC) forms, manuals, guides, filing requirements, and changes to such forms or gui…

23 CAR § 43-501. Attorneys representing licensees not licensed in Arkansas. Attorneys representing licensees in State Insurance Department administrative actions who are not licensed to practice law in Arkansas, but who are licensed to practice law in another state, may represent…

23 CAR § 43-502. Foreign language interpreters. If given sufficient advance notice, the State Insurance Department may arrange for a foreign language interpreter to assist persons desiring to testify in adjudicative and rulemaking proceedings as described in this part.

23 CAR § 43-503. Data or information requests to licensees relating to Governor-declared public emergencies, disasters, or catastrophes. (a) In order for the State Insurance Department to evaluate the magnitude of losses, patterns, or practices related to coverages and claims tha…

23 CAR § 43-504. Additional exceptions. (a) The requirements in 23 CAR § 43-201 et seq., and 23 CAR § 43-301 et seq., pertaining to adjudicative actions and investigations shall not apply to the activities or practices of the: (1) Public Employee Claims Division of the State Insu…

23 CAR § 43-505. Approval of marketing or advertising publications. Although the State Insurance Department may provide helpful guidance, the department shall not be required to review and approve marketing programs, advertising, or illustrations that are proposed to be used by l…

23 CAR § 43-506. Informal legal opinions and surveys. (a) Licensees and interested persons may request or engage in discussions or correspondence with State Insurance Department staff involving interpretations of various department rules or Arkansas Insurance Code provisions. (b)…

23 CAR § 43-507. Certificates of compliance. (a) Upon request of an insurer or other licensed organization or individuals, and to assist such licensees with licensure and registration in other states or with federal programs, the State Insurance Department may issue certificates …

23 CAR § 43-508. Sharing of confidential information with state agencies jointly administering programs with the department. (a) For purposes of Arkansas Code § 23-61-103(d), a state law enforcement agency shall include state agencies jointly administering programs with the State…

23 CAR § 43-601. Licensing. (a)(1) All State Insurance Department actions regarding licensure are governed by the provisions of: (A) Chapter 64 of the Arkansas Insurance Code (for insurance producers), codified at Arkansas Code § 23-64-101 et seq.; and (B) Chapter 63 of the Arkan…

23 CAR § 43-602. Notice of State Insurance Department to licensees concerning this part. (a) For licensees subject to 23 CAR § 43-201 et seq., and 23 CAR § 43-301 et seq., relating to administrative adjudications or investigations, such licensees shall be advised of the practices…

23 CAR § 44-101. Definitions. As used in this part: (1) “Automatic occupational licensure” means the granting of a license without the individual’s having met occupational licensure requirements provided under the Arkansas Insurance Code or by State Insurance Department rule; (2)…

23 CAR § 44-102. Requirements for automatic licensure. (a) The State Insurance Department shall grant automatic licensure to any of the following individuals: (1) A uniformed service member stationed in the State of Arkansas; (2) A uniformed service veteran who resides in or esta…

23 CAR § 44-103. Requirements for expedited initial licensure. (a) This section applies to individuals who: (1) Have never been licensed in the insurance industry in this state or in any other United States state, district, or territory; and (2) Qualify as one (1) of the individu…

23 CAR § 45-101. Definitions. (a) Unless otherwise separately defined in this part, the terms or phrases as used in this part shall follow the definitions of such terms or phrases as defined in Arkansas Code § 23-66-803. (b) As used in this part, “commissioner” means the Insuranc…

23 CAR § 45-102. Application for certificate of registration. (a) Each applicant intending to sell or offer online marketplace guarantees in Arkansas shall: (1) Pay an application fee of one thousand dollars ($1,000); (2) File an application for registration with the Insurance Co…

23 CAR § 45-103. Issuance or denial of a certificate of registration. The Insurance Commissioner shall: (1) Review the documentation submitted by an applicant, including any additional materials submitted upon request of the commissioner; and (2)(A) Approve issuance of the certif…

23 CAR § 45-104. Renewal of a certificate of registration. (a)(1) A certificate of registration issued to an online marketplace guarantee provider shall expire one (1) year from the date of issuance provided on the certificate of registration unless the registration is successful…

23 CAR § 45-105. Recordkeeping requirements. (a) A provider shall: (1) Keep accurate data and records concerning transactions regulated under the Online Marketplace Guarantees Act, Arkansas Code § 23-66-801 et seq., and (2) Make its data and records available to the Insurance Com…