Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-78-101 Definitions
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(1) As used in this chapter:(1) “Association” or “burial association” means:(A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953:(i) Undertakes for consideration paid by or on behalf of its members t…
Ark. Code Ann. § 23-78-102 Applicability
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(a) (1) All burial associations organized or operating in the State of Arkansas as of February 18, 1953, shall be deemed in all respects to be organized or operating exclusively under the provisions of this chapter, and to have authority from the State Board of Embalmers, Funeral…
Ark. Code Ann. § 23-78-103 Chapter exclusive authority
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(a) This chapter shall be deemed and held exclusive authority for the organization and operation of burial associations within this state, and the associations shall not be subject to any other laws respecting insurance companies of any class, kind, or character. (b) However, thi…
Ark. Code Ann. § 23-78-104 Penalty
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(a) A person, firm, association, copartnership, corporation, company, or other organization shall not organize, operate, or in any way solicit members for a burial association, or for participation in any plan, scheme, or device similar to burial associations, except in the manne…
Ark. Code Ann. § 23-78-105 [Repealed.]
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A.C.A. § 23-78-105Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-78-106 [Repealed.]
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A.C.A. § 23-78-106Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-78-107 [Repealed.]
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A.C.A. § 23-78-107Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-78-108 [Repealed.]
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A.C.A. § 23-78-108Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-78-109 Burial associations under authority, supervision, and control of board
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All burial associations organized or operating in the State of Arkansas are under the authority, supervision, and control of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Ark. Code Ann. § 23-78-110 Certificate of authority
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(a) Applications for a certificate of authority shall be on forms furnished by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, and a burial association shall not begin operation until the application has been approved and the certificate of autho…
Ark. Code Ann. § 23-78-111 Fees — Oath at payment
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(a) (1) In order to meet the expense of supervision and of carrying out the other provisions of this chapter, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may set license fees for burial associations subject to its jurisdiction as set forth in …
Ark. Code Ann. § 23-78-112 Certificate for benefits — Issuance
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(a) No burial association shall issue a certificate for benefits for any member in excess of two thousand five hundred dollars ($2,500), and no certificate shall provide for free service, merchandise, or supplies in addition to the amount of benefits set forth in the certificate.…
Ark. Code Ann. § 23-78-113 Agent's license required
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(a) Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license. (b) (1) The board shall have full power and author…
Ark. Code Ann. § 23-78-114 False claim, promise, or representation of agent
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Any burial association official or agent or any representative of a burial association who for the purpose of inducing a member of one (1) association to change membership to another association shall make any false claim, promise, or representation not authorized in the bylaws o…
Ark. Code Ann. § 23-78-115 Rules and bylaws
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All burial associations shall have and maintain rules and bylaws in such form and with such contents as prescribed by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.
Ark. Code Ann. § 23-78-116 Membership dues and assessments
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(a) From and after February 18, 1953, a burial association organized or operating in this state shall not issue a certificate providing benefits for a member for an assessment or membership dues less than the minimum assessment or minimum dues prescribed for the benefits by the S…
Ark. Code Ann. § 23-78-117 Books, records, accounts, and documents — Inspection and audit
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(a) The books, records, accounts, and documents of all burial associations organized or operating in this state shall at all times be open for inspection, examination, and audit by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, its agents and em…
Ark. Code Ann. § 23-78-118 Books — False entries prohibited
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A person or burial association official who knowingly makes or allows to be made a false entry on the books of the association with intent to deceive or defraud a member of the association or with intent to conceal the true condition of the association from the State Board of Emb…
Ark. Code Ann. § 23-78-119 Records — Failure to maintain
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(a) A burial association secretary or secretary-treasurer who fails to maintain records to the minimum standards required by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall be removed by the board from office and another elected by the assoc…
Ark. Code Ann. § 23-78-120 Annual reports
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(a) (1) Using forms provided by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, each burial association or society licensed in this state shall file an annual report showing the actual financial condition of the burial association or society as o…
Ark. Code Ann. § 23-78-121 Rules
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(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services shall make and promulgate reasonable rules for the administration of this chapter and for the purpose of carrying out the intent of this chapter. (b) The rules promulgated under subsection (a) of…
Ark. Code Ann. § 23-78-122 Disposition of collections
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(a) (1) (A) Seventy-five percent (75%) of the collections of any burial association or society shall be solely for the payment of benefits provided by membership certificates and shall not be used for the payment of operating expenses.(B) The annual license fee shall not be consi…
Ark. Code Ann. § 23-78-123 Disposition of fees and charges
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(a) (1) All fees and charges collected by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under this chapter shall be deposited into a cash fund deposited to the State Treasury.(2) The board is empowered to expend the funds for the requirements, p…
Ark. Code Ann. § 23-78-124 Revocation of certificate, license, charter, etc. — Hearing
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(a) Before revoking a certificate of authority or license granted under this chapter or any charter or other authority granted to a burial association under any law effective before February 18, 1953, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Service…
Ark. Code Ann. § 23-78-125 Revocation of certificate, license, charter, etc. — Appeal
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(a) Upon the revocation of a certificate of authority, charter, or other authority by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under any of the provisions of this chapter, the association or person whose certificate of authority, charter, l…
Ark. Code Ann. § 23-78-126 Plan for excess financial resources — Approval required
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(a) A burial association that has excess financial resources, as determined by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services, may request that the board approve a plan to pay death benefits in excess of the face value of certificates of benefits…