Arkansas Administrative Code

23 CAR § 203-113. Small deductible policy option. (a) The Insurance Commissioner deems a small deductible policy option to be "feasible" within the meaning of Arkansas Code § 11-9-813(d), and, accordingly, a small deductible policy rating plan, which shall be applicable to both t…

23 CAR § 203-114. Other standards and penalties. (a) Any insurer, servicing carrier, or producer who refuses or neglects to comply with the provisions of this part shall be subject to administrative action provided for in the Arkansas Insurance Code, Arkansas Code § 23-60-101 et …

23 CAR § 204-101. Purpose. The purpose of this part is to: (1) Implement Acts 2007, No. 684, the Arkansas Title Insurance Act, as amended by Acts 2009, No. 1190; and (2) Set the standards and guidelines for applicants seeking title insurance agent and agency licenses in the State…

23 CAR § 204-102. Applicability and scope. (a) This part shall apply to: (1) All applicants seeking a title insurance agent or agency license under the Arkansas Title Insurance Act, Arkansas Code § 23-103-401 et seq.;. (2) Title insurance agents or agencies previously licensed pu…

23 CAR § 204-103. Definitions. As used in this part: (1) “Commissioner” means the Insurance Commissioner of the State of Arkansas; (2) “Department” means the State Insurance Department; (3) “Rule” means the rules promulgated by the State Insurance Department unless the context re…

23 CAR § 204-104. License qualifications. (a) Eligibility. (1) The license applicant must be at least eighteen (18) years of age or if not of legal age, minority rights must be removed by a court order and a copy of the court order must be forwarded along with the application and…

23 CAR § 204-105. Continuing education. (a) Number of course hours. Upon the effective date of this part, any nonexempt persons licensed as title insurance agents shall, annually on or before their birthdays, complete those courses of continuing education instruction approved by …

23 CAR § 204-106. Fees. Fees shall be established by a separate rule.

23 CAR § 204-107. Revocation and suspension of license. (a)(1) The Insurance Commissioner may suspend or revoke upon notice and a hearing, or nonrenew or refuse to continue without notice and a hearing, the license of any title insurance agent who has failed to comply with the li…

23 CAR § 204-108. Title insurance agent restrictions. A licensed title insurance agent is not allowed to: (1) Bind reinsurance on behalf of the title insurer; (2) Permit any of its directors, officers, controlling shareholders, or employees to serve on the title insurers’ board o…

23 CAR § 204-109. Title insurance policies. (a) No title insurance policy or application form when written application is required and is to be made part of the policy shall be issued, delivered, or used as to a subject of insurance located in this state unless the form has been …

23 CAR § 204-110. Inventory maintenance. (a) The title insurer and the title insurance agency shall each maintain an inventory of all numbered policy forms or policy numbers assigned to the title insurance agency by the title insurer. (b) If title insurance policies are generated…

23 CAR § 204-111. Audit. (a) Minimum requirements. (1) At least one (1) time each year, a title insurer shall conduct an on-site audit of its appointees’ escrow accounts, security arrangements, files, underwriting and claims practices, closing protection letters, and policy inven…

23 CAR § 204-112. Record retention. The title insurer and the title insurance agency shall maintain sufficient records of their affairs, including evidence of underwriting title, determination of insurability, and records of their escrow operations and escrow accounts for a perio…

23 CAR § 204-113. Settlement or closing protection. (a) The title insurance agency, on behalf of the title insurer, shall: (1) Offer settlement or closing protection coverage to the parties; and (2) Obtain their election in writing. (b)(1) Settlement or closing protection letters…

23 CAR § 204-114. Minimum search requirements. (a)(1) The title insurance report or policy shall be based upon a search of the title from the evidence prepared from a title plant or from the records of the clerk or the ex-officio recorder of the land records of the county that ma…

23 CAR § 204-115. Duties of title insurers. (a) The title insurer shall not accept business from a title insurance agency unless there is in force a written contract between the parties which sets forth the responsibilities of each party and, where both parties share responsibili…

23 CAR § 204-116. Premium for purposes of determining the proper premium tax due from title insurers. (a)(1) Arkansas Code § 23-67-203 prohibits the Insurance Commissioner from requiring that rates or premiums related to the sale of title insurance be filed by either a title insu…

23 CAR § 205-101. Purpose. The purpose of this part is to: (1) Implement and clarify the pertinent fees of: (A) Acts 2007, No. 684, the Arkansas Title Insurance Act; and (B) Title Insurance, 23 CAR pt. 204; and (2) Set the fee standards and guidelines for applicants seeking title…

23 CAR § 205-102. Applicability and scope. (a) This part shall apply to all applicants seeking a title insurance agent or agency license under the Arkansas Title Insurance Act, Arkansas Code § 23-103-401 et seq. (b) This part shall apply to title insurance agents or agencies prev…

23 CAR § 205-103. Title insurance agent licensing fees. (a) Applicants for new, first-time agent license: (1) Administrative and regulatory fee, thirty-five dollars ($35.00). (A) Each new title insurance agent applicant for a first-time license shall pay a nonrefundable thirty-fi…

23 CAR § 205-104. Title insurance agency licensing fees. (a) Applicants for new, first-time license, two hundred fifty dollars ($250). (1) Each new agency applicant for a first-time license shall pay a nonrefundable two hundred fifty-dollar fee for each and every original title i…

23 CAR § 205-105. Title insurance agent appointment fees. (a) Licensed title agent appointment fee, twenty dollars ($20.00). (1) A title insurer must submit a form and fee to the State Insurance Department for each title insurance agent or agency appointment. (2) The appointment …

23 CAR § 400-101. Definitions. As used in this part: (1) "Amusement attraction" means any building or structure around, over, and through which persons may be moved by vehicle or mechanically driven device integral to the building or structure, and which provides amusement, pleas…

23 CAR § 400-102. Exemptions. (a) Pursuant to Arkansas Code § 23-89-503, the following amusement rides or attractions are exempt from the provisions of this part: (1) Nonmechanized playground equipment including, but not limited to, swings, seesaws, stationary spring-mounted anim…

23 CAR § 400-103. Adopted codes and standards. (a) The Division of Labor hereby adopts and incorporates the following minimum safety standards for manufacture, design, and operation of amusement rides and attractions existing as of the effective date of this part: (1)(A) ASTM, fo…

23 CAR § 400-104. Inspections. (a)(1) Pursuant to Arkansas Code § 23-89-506, the Director of the Division of Labor is authorized to inspect each person or entity to ensure compliance with this part. (2) The director shall employ amusement ride inspectors certified by the National…

23 CAR § 400-105. Cease and desist orders. (a) If the Director of the Division of Labor or authorized employee of the Division of Labor finds that an operator or owner has failed to comply with Arkansas Code § 23-89-501 et seq., or any rules adopted thereunder, he or she may orde…

23 CAR § 400-106. Emergency review. If, after inspection, any amusement ride or attraction is prohibited from operation due to violation of 23 CAR § 400-103, the owner or operator of such ride or attraction may request emergency review with the Director of the Division of Labor o…

23 CAR § 400-107. Variances. (a)(1)(A) The Director of the Division of Labor in any particular case may grant exceptions and variances which shall only be granted where it is clearly evident that they are necessary in order to prevent undue hardship or where the existing conditio…

23 CAR § 400-108. Required insurance. (a) Each person or entity desiring to operate any amusement attraction or amusement ride in this state, other than those specifically exempted in this part, shall be covered by a policy of insurance issued by an insurance company authorized t…

23 CAR § 400-109. Accidents, reporting injuries or death, investigations. (a) Any mechanical, structural, or electrical defects directly affecting patron safety for which an amusement ride is closed to patron use for a period of time more than three (3) hours, must be reported in…

23 CAR § 400-110. Recordkeeping. Each owner or operator shall retain on the premises or with a portable amusement ride the following records: (1) Proof of insurance coverage as required by this part; (2) The latest safety inspection report by the Division of Labor and by the owne…

23 CAR § 400-111. Administrative penalties. (a) Administrative penalties. (1)(A) Any person or entity that violates provisions of the Amusement Ride and Amusement Attraction Safety Insurance Act, Arkansas Code § 23-89-501 et seq., or any rules issued thereunder, shall be subject …

23 CAR § 400-201. Scope and application. (a)(1) This subpart applies to the site, equipment, personnel, operating procedures, and emergency provisions for bungee jumping. (2) This subpart applies in addition to all other applicable requirements in this part. (b) Prohibited jumpin…

23 CAR § 400-202. Definitions. For the purpose of this subpart: (1) "Air bag" means a device which cradles the body and which uses an air release breather system to dissipate the energy due to a fall, thereby allowing the person to land without an abrupt stop or bounce; (2) "Bind…

23 CAR § 400-203. Site and operating approval. Plans specifications and site operating manuals for all bungee jumping operations shall be submitted to the Division of Labor before construction commences.

23 CAR § 400-204. Safety space. (a) Each bungee jump site shall maintain a side safety space of thirty feet (30’) in all directions. (b)(1) Where jumps occur over water, the water shall be at least nine feet (9’) deep. (2) The vertical safety space shall be at least sixty inches …

23 CAR § 400-205. Platforms. (a) The safe working load of the platform shall be determined by the maximum weight on the platform at any one time, with a safety factor of at least five (5) times the rated load capacity of the platform. (b) The platform shall not be loaded in exces…

23 CAR § 400-206. Structures and towers. (a) Rope. In a human-powered retrieval system or in a friction lowering system, an eleven-millimeter or larger static or dynamic rock climbing rope shall be used. (b) Locking mechanism. In a human-powered retrieval system, an approved lock…

23 CAR § 400-207. Hoisting of platforms. (a) Application. This section applies to movable platforms that are raised and lowered from the structure. (b) Hoisting of the platform shall be performed in a slow, controlled, cautious manner with no sudden movements of the platform. (c)…

23 CAR § 400-208. Platform design criteria. (a)(1) The hoisting mechanism shall be equipped with a dual cable suspension system. (2) The platform and dual suspension system shall be designed by a qualified engineer or a qualified person competent in structural design. (b) The dua…

23 CAR § 400-209. Platform rigging. (a) If a wire rope bridle is used to connect the platform to the load line, each bridle leg shall be connected to a master link or shackle to ensure that the load is evenly divided among the bridle legs. (b) Hooks on overhaul ball assemblies, l…

23 CAR § 400-210. Trial lift, inspection, and proof testing. (a)(1) A trial lift with the unoccupied platform loaded at least to the anticipated lift weight shall be made from ground level, or any other location where persons will enter the platform, to each location at which the…

23 CAR § 400-211. Jump practices. (a) Persons shall keep all parts of the body inside the platform during raising, lowering, and positioning. (b) Tag lines shall be used unless their use creates an unsafe condition. (c) The portable tower operator shall remain at the controls at …

23 CAR § 400-212. Bungee cord requirements. (a)(1) Maximum G-force. The maximum G-force allowable on a jumper using waist and chest harness shall be four and five-tenths (4.5) Gs. (2) The maximum G-force allowable on a jumper using an ankle harness shall be three and five-tenths …

23 CAR § 400-213. Jump harness. (a) General. A jump harness shall be: (1) A full body harness; (2) A sit harness with shoulder straps; or (3) An ankle harness. (b) Jump harnesses. All harnesses used in bungee jumping shall be: (1) Full-body designed either as a full body harness …

23 CAR § 400-214. Ropes. All ropes for holding or lowering the jumper shall have a minimum breaking strength of at least six thousand pounds (6,000 lbs.).

23 CAR § 400-215. Hardware and equipment. (a) General. All hardware and equipment used for the purpose of bungee jumping shall be approved for that purpose by the original manufacturer. (b) Carabiners. Carabiners shall be the screw gate type, manufactured of hardened steel, with …

23 CAR § 400-216. Testing and inspection. (a) General. (1) All jump rigging, harnesses, lowering system, and safety gear shall be regularly inspected and tested as set forth in the operating manual. (2) Inspections, findings, and corrective action shall be recorded in the site lo…