Title 23, Public Utilities and Regulated Industries

(a) This section does not apply to:(1) money received for transmission subject to the federal remittance transfer definitions, 12 C.F.R. Part 1005.30, as it existed on January 1, 2023; or(2) money received for transmission under a written agreement between the licensee and payee …

(a) This section does not apply to:(1) money received for transmission subject to the federal remittance transfer definitions, 12 C.F.R. Part 1005.30, as it existed on January 1, 2023;(2) money received for transmission that is not primarily for personal, family, or household pur…

(a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles or international financial reporting standards of not less than the aggregate amount of all of its outstanding money tr…

(a) Except to the extent otherwise limited by the commissioner pursuant to § 23-55-701, the following investments are permissible under § 23-55-701:(1) cash, including demand deposits, savings deposits, and funds in such accounts held for the benefit of the licensee's customers i…

(a) The commissioner may suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if:(1) the licensee violates this chapter or a rule adopted or an order issued under this chapter;(2) the licensee does not cooperate with an examination o…

(a) The commissioner may issue an order suspending or revoking the designation of an authorized delegate, if the commissioner finds that:(1) the authorized delegate violated this chapter or a rule adopted or an order issued under this chapter;(2) the authorized delegate did not c…

(a) If the Securities Commissioner determines that a violation of this chapter or of a rule adopted or an order issued under this chapter by a licensee, authorized delegate, or any other person is likely to cause immediate and irreparable harm to the licensee, its customers, or t…

The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person's authorized represent…

The commissioner may assess a civil penalty against a person that violates this chapter or a rule adopted or an order issued under this chapter in an amount not to exceed $1,000 per day for each day the violation is outstanding, plus this State's costs and expenses for the invest…

(a) A person that intentionally makes a false statement, misrepresentation, or false certification in a record filed or required to be maintained under this chapter, that intentionally makes a false entry or omits a material entry in such a record, or violates any rule promulgate…

(a) (1) [Repealed.](2) If as a result of an investigation or examination the Securities Commissioner finds that a person has engaged or is about to engage in an act or practice constituting a violation of this chapter or a rule or order under this chapter, the commissioner may su…

(a) (1) Whenever a licensee has refused or is unable to pay its obligations generally as they become due or whenever it appears to the commissioner that a licensee is in an unsafe or unsound condition, the commissioner, or the Attorney General representing the commissioner, may a…

All administrative proceedings under this chapter must be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(a) Except as otherwise provided in §§ 23-55-803 and 23-55-807, the commissioner may not suspend or revoke a license, issue an order to cease and desist, suspend or revoke the designation of an authorized delegate, or assess a civil penalty without notice and an opportunity to be…

In applying and construing this Uniform Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provision…

This chapter takes effect January 1, 2008.

(a) The Securities Commissioner may:(1) Enter into an arrangement, agreement, or other working relationship with federal, state, or self-regulatory authorities, the Conference of State Bank Supervisors, or a subsidiary entity owned by the Conference of State Bank Supervisors to f…

(a) (1) The owner of a virtual currency kiosk or a virtual currency kiosk operator, in establishing a relationship with a customer and before entering into an initial virtual currency transaction on behalf of or with the customer, shall disclose in clear, conspicuous, and legible…

(1) In this article:(1) “Authorized user” means an employee, contractor, agent, or other person that participates in a financial institution's business operations and is authorized to access and use a financial institution's information systems and data.(2) “Consumer” means an in…

(a) A financial institution shall develop, implement, and maintain a comprehensive information security program. (b) The information security program under subsection (a) shall:(1) be written in one or more readily accessible parts; and(2) contain administrative, technical, and p…

(a) In order for a financial institution to develop, implement, and maintain an information security program, the financial institution shall comply with this section. (b) (1) A financial institution shall designate a qualified individual responsible for overseeing and implementi…

This article does not apply to a financial institution that maintains customer information concerning fewer than 5,000 consumers.

This code constitutes the Arkansas Insurance Code.

(1) As used in the Arkansas Insurance Code, unless the context otherwise requires:(1) (A) (i) “Insurance” is any agreement, contract, or other transaction whereby one party, the “insurer”, is obligated to confer benefit of pecuniary value upon another party, the “insured” or “ben…

(1) Unless otherwise expressly provided for in the Arkansas Insurance Code, no provision of the Arkansas Insurance Code shall apply with respect to the following entities:(1) Domestic stipulated premium insurers, as identified in § 23-71-101 et seq., concerning stipulated premium…

(a) The Arkansas Insurance Code and rules promulgated by the Insurance Commissioner under the Arkansas Insurance Code do not apply to a:(1) Burial association governed by §§ 23-78-101 — 23-78-119 and 23-78-121 — 23-78-125;(2) Direct healthcare agreement; (3) Healthcare sharing mi…

Provisions of the Arkansas Insurance Code relative to a particular kind of insurance or a particular type of insurer or to a particular matter shall prevail over provisions relating to insurance in general or insurers in general or to such matters in general.

The Arkansas Insurance Code shall not impair or affect any act done; offense committed or right accruing, accrued, or acquired; or liability, penalty, forfeiture, or punishment incurred prior to the time the Arkansas Insurance Code takes effect, but the same may be enjoyed, asser…

The scope and meaning of any provision shall not be limited or otherwise affected by the caption or heading of any chapter, section, or provision.

(1) Unless a greater penalty is provided by another law of this state, a violation of a statute or rule enforceable by the Insurance Commissioner is punishable:(1) By the refusal, suspension, revocation, or nonrenewal of a license or certificate of authority; and(2) A fine no gre…

Any person who files any statement, application, form, or other document required to be filed by the Arkansas Insurance Code knowing the statement or information contained in the document to be false or misleading in any material respect shall be guilty of a Class D felony.

No person shall transact a business of insurance in Arkansas, or relative to a subject of insurance resident, located, or to be performed in Arkansas, without complying with the applicable provisions of the Arkansas Insurance Code.

(a) In the absence of fraud or bad faith, no civil cause of action of any nature shall arise against the person for supplying any information:(1) Relating to suspected fraudulent insurance acts furnished to or received from law enforcement officials or their agents and employees;…

(1) A statement of the law in the American Law Institute's Restatement of the Law, Liability Insurance does not constitute the public policy of this state if the statement of the law is inconsistent or in conflict with, or otherwise not addressed by:(1) A statute of the State of …

This subchapter shall be known and may be cited as the “Arkansas Health and Opportunity for Me Act of 2021”.

(1) Notwithstanding any general or specific laws to the contrary, it is the intent of the General Assembly for the Arkansas Health and Opportunity for Me Program to be a fiscally sustainable, cost-effective, and opportunity-driven program that:(1) Achieves comprehensive and innov…

(1) As used in this subchapter:(1) “Acute care hospital” means a hospital that:(A) Is licensed by the Department of Health under § 20-9-201 et seq., as a general hospital or a surgery and general medical care hospital; and(B) Is enrolled as a provider with the Arkansas Medicaid P…

(a) (1) The Department of Human Services, in coordination with the State Insurance Department and other state agencies, as necessary, shall:(A) Provide healthcare coverage under this subchapter to eligible individuals;(B) Create and administer the Arkansas Health and Opportunity …

(a) An eligible individual is responsible for all applicable cost-sharing and premium payment requirements as determined by the Department of Human Services. (b) An eligible individual may participate in a health improvement initiative, as developed and implemented by either the …

(a) The economic independence initiative applies to all program participants in accordance with the implementation schedule of the Department of Human Services. (b) Incentives established by the department for participation in the economic independence initiative and the health i…

(a) Insurance coverage for a member enrolled in an individual qualified health insurance plan shall be obtained, at a minimum, through silver-level metallic plans as provided in 42 U.S.C. § 18022(d) and 42 U.S.C. § 18071, as they existed on January 1, 2025, that restrict out-of-p…

This subchapter expires December 31, 2031.

(a) (1) There is created the State Insurance Department.(2) The State Insurance Department is a division of the Department of Commerce. (1) There is created the State Insurance Department. (2) The State Insurance Department is a division of the Department of Commerce. (b) Suitabl…

(a) The Department of Human Services shall develop requirements and qualifications for community bridge organizations to provide assistance to one (1) or more of the following target populations:(1) Individuals who become pregnant with a high-risk pregnancy and the child, through…

(a) There is created the Health and Economic Outcomes Accountability Oversight Advisory Panel. (b) The advisory panel shall be composed of the following members:(1) The following members of the General Assembly:(A) The Chair of the Senate Committee on Public Health, Welfare, and …