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Arkansas Statutes, Title 23

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Arkansas/Statutes

← All Arkansas coverage

Title 23, Public Utilities and Regulated Industries

95 chapters · 3,921 sections in this title.

All chapters in Title 233,921 Ch 63, Insurance Companies Generally230 Ch 79, Insurance Policies Generally211 Ch 99, Healthcare Providers165 Ch 4, Regulation of Rates and Charges Gene…162 Ch 18, Light, Heat, and Power Utilities154 Ch 69, Domestic Stock and Mutual Insurers109 Ch 13, Motor Carriers107 Ch 17, Telephone and Telegraph Companies97 Ch 81, Life Insurance Policies And Annuities97 Ch 112, Arkansas Motor Vehicle Commission Act97 Ch 61, State Insurance Department95 Ch 48, Organization and Operation94 Ch 51, ARKANSAS TRUST INSTITUTIONS ACT OF 202589 Ch 12, Operation and Maintenance of Railroads87

79 sections·Filtered byTitle 23✕Ch 66✕

Ark. Code Ann. § 23-66-508 Creation and purpose of Criminal Investigation Division
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(a) (1) The Criminal Investigation Division is established within the State Insurance Department and is designated a law enforcement agency.(2) (A) The Insurance Commissioner shall appoint the full-time supervisory and investigative personnel of the division, who shall be qualifi…
Ark. Code Ann. § 23-66-509 Other law enforcement of regulatory authority
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(1) This subchapter shall not:(1) Preempt the authority or relieve the duty of other law enforcement or regulatory agencies to investigate, examine, and prosecute suspected violations of law;(2) Prevent or prohibit a person from voluntarily disclosing information concerning insur…
Ark. Code Ann. § 23-66-510 Insurer antifraud initiative
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(a) Insurers shall have antifraud initiatives reasonably calculated to detect, prosecute, and prevent fraudulent insurance acts. Antifraud initiatives may include, but are not limited to:(1) Fraud investigators, who may be insurer employees or independent contractors; or(2) An an…
Ark. Code Ann. § 23-66-511 Rules

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The Insurance Commissioner may promulgate reasonable rules deemed necessary by the commissioner for the administration of this subchapter.

Ark. Code Ann. § 23-66-512 Penalties

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(1) A person who violates this subchapter is subject to the following:(1) (A) Suspension or revocation of license, civil penalties of up to ten thousand dollars ($10,000) per violation, or both.(B) Suspension or revocation of license and imposition of civil penalties shall be pur…

Ark. Code Ann. § 23-66-513 Initial appointment investigation

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(a) (1) (A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the …

Ark. Code Ann. § 23-66-601 Short title

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This subchapter may be cited as the “Insurance Sales Consumer Protection Act”.

Ark. Code Ann. § 23-66-602 Purpose

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The purpose of this subchapter is to regulate the business of insurance and protect the interests of insurance consumers.

Ark. Code Ann. § 23-66-603 Definitions

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(1) For the purpose of this subchapter:(1) “Affiliate” means any company that controls, is controlled by, or is under common control with another company;(2) “Customer” means a person who obtains, applies for, or is solicited to obtain insurance products primarily for personal, f…

Ark. Code Ann. § 23-66-604 Exemption

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The provisions of § 23-66-606 shall not apply to or affect in any way a broker-dealer licensed by the State of Arkansas when such a broker-dealer is conducting insurance sales activities on premises other than a depository institution or an affiliate of a depository institution p…

Ark. Code Ann. § 23-66-605 Insurance in connection with loan

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(a) The following shall apply when insurance is required as a condition of obtaining a loan or extension of credit:(1) (A) No person, depository institution, or affiliate of a depository institution may require as a condition precedent to the lending of money or extension of cred…

Ark. Code Ann. § 23-66-606 Depository institution or affiliates of depository institution sales practices

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(1) Disclosures. The following requirements shall apply to insurance sales activities conducted by depository institutions, their employees, affiliates of a depository institution, and unaffiliated third parties conducting the insurance sales activities on behalf of a depository …

Ark. Code Ann. § 23-66-607 Customer privacy

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(1) No person, depository institution, or affiliate of a depository institution who lends money or extends credit may release, without the express consent of the customer, borrower, mortgagor, or purchaser:(1) Insurance information of a customer relative to a policy which is requ…

Ark. Code Ann. § 23-66-608 Authorization to promulgate rules

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The Insurance Commissioner may promulgate rules to effectuate the purposes of this subchapter.

Ark. Code Ann. § 23-66-609 Prohibited activities

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(1) No person, depository institution, or affiliate of a depository institution who lends money or extends credit may:(1) Use an advertisement or other insurance promotional material that would cause a reasonable person to mistakenly believe that the United States Government or t…

Ark. Code Ann. § 23-66-610 Commissioner's powers — Administrative proceedings

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(a) The Insurance Commissioner shall have the power to examine and investigate the insurance activities of depository institutions in order to determine whether a depository institution has been or is engaged in any unfair trade practice prohibited by this subchapter. (b) The com…

Ark. Code Ann. § 23-66-701 Legislative findings and intent

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The General Assembly hereby finds that registry numbers issued to physicians by the United States Drug Enforcement Administration are protected numbers not intended for use by insurance companies and health maintenance organizations. Pharmacists are prohibited by law from selling…

Ark. Code Ann. § 23-66-702 Drug Enforcement Administration registry numbers — Definition

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(a) Health carriers shall not require physicians, pharmacists, or other persons or entities to disclose a physician's United States Drug Enforcement Administration registry number for the purposes of identification, payment to a pharmacist, reimbursement of a patient, or any othe…

Ark. Code Ann. § 23-66-801 Title

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This subchapter shall be known and may be cited as the “Online Marketplace Guarantees Act”.

Ark. Code Ann. § 23-66-802 Purposes

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(1) The purpose of this subchapter is to:(1) Create a legal framework within which an online marketplace or its affiliates may offer or sell an online marketplace guarantee in this state;(2) Protect consumers by promoting transparency, fairness, and accountability related to onli…

Ark. Code Ann. § 23-66-803 Definitions

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(1) As used in this subchapter:(1) “Online marketplace” means a person that:(A) Provides an online application, software, website, system, or other medium through which a service is advertised or is offered to the public as available in this state;(B) Provides, directly or indire…

Ark. Code Ann. § 23-66-804 Requirements for doing business

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(a) An online marketplace guarantee shall not be issued, sold, or offered for sale in this state unless the provider has:(1) If sold for separate consideration, provided an electronic or written record of the purchase of the online marketplace guarantee to the platform contract h…

Ark. Code Ann. § 23-66-805 Online marketplace guarantees

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(a) Online marketplace guarantees do not constitute insurance and are not required to comply with the Arkansas Insurance Code other than as expressly made applicable in this subchapter, provided the provider has registered with the Insurance Commissioner as required by § 23-66-80…

Ark. Code Ann. § 23-66-806 Reimbursement insurance policy

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(a) A reimbursement insurance policy insuring online marketplace guarantees sold or offered in this state shall clearly state that, upon failure of the provider to perform under the online marketplace guarantee, the insurer that issued the reimbursement insurance policy shall pay…

Ark. Code Ann. § 23-66-807 Consumer protection disclosures

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(a) An online marketplace guarantee issued, sold, or offered for sale in this state shall be written in clear, understandable language and conspicuously disclose the requirements in this section, as applicable. (b) An online marketplace guarantee insured under a reimbursement ins…

Ark. Code Ann. § 23-66-808 Prohibited acts

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(a) A provider shall not make, permit, or cause to be made any false or misleading statement or deliberately omit any material statement that would be considered misleading if omitted in connection with the sale, offer to sell, or advertisement of an online marketplace guarantee.…

Ark. Code Ann. § 23-66-809 Enforcement provisions

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(a) When necessary or appropriate to enforce this subchapter and the Insurance Commissioner's rules and orders and to protect platform contract holders in this state, the commissioner may take action under § 23-61-103. (b) (1) An online marketplace aggrieved by an order issued un…

Ark. Code Ann. § 23-66-810 Rules

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The Insurance Commissioner may promulgate rules to implement and administer this subchapter, including rules related to recordkeeping by a provider.

Ark. Code Ann. § 23-66-811 Severability

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If a provision of this subchapter or the application of this subchapter to a person or circumstances shall be held invalid, the remainder of this subchapter and the application of this subchapter to a person or circumstances other than those as to which it is held invalid shall n…