Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
Ark. Code Ann. § 23-55-802 Suspension and revocation of authorized delegates
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(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…
Ark. Code Ann. § 23-55-803 Orders to cease and desist
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(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…
Ark. Code Ann. § 23-55-804 Consent orders
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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…
Ark. Code Ann. § 23-55-805 Civil penalties
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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…
Ark. Code Ann. § 23-55-806 Criminal penalties
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(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…
Ark. Code Ann. § 23-55-807 Unlicensed persons
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(a) (1) [Repealed.](2) If as a result of an investigation or examination the Securities Commissioner finds that a person has engaged or is about to engage in an act or practice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…
Ark. Code Ann. § 23-55-808 Receivership
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(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…
Ark. Code Ann. § 23-55-901 Administrative proceedings
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All administrative proceedings under this chapter must be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.
Ark. Code Ann. § 23-55-902 Hearings
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(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…
Ark. Code Ann. § 23-55-1001 Uniformity of application and construction
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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.
Ark. Code Ann. § 23-55-1002 Severability clause
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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…
Ark. Code Ann. § 23-55-1003 Effective date
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This chapter takes effect January 1, 2008.
Ark. Code Ann. § 23-55-1004 [Reserved.]
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A.C.A. § 23-55-1004Current through all legislation of the 2025 Regular Session.History Acts 2007, No. 1595, § 1. Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 23-55-1005 [Repealed.]
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A.C.A. § 23-55-1005Current 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. § 23-55-1006 [Repealed.]
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A.C.A. § 23-55-1006Current 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. § 23-55-1007 Multistate automated licensing system
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(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…
Ark. Code Ann. § 23-55-1008 Virtual currency kiosk requirements
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(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…
Ark. Code Ann. § 23-55-1101 Definitions
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(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…
Ark. Code Ann. § 23-55-1102 Standards for safeguarding customer information
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(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…
Ark. Code Ann. § 23-55-1103 Information security program required elements
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(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…
Ark. Code Ann. § 23-55-1104 Exceptions
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This article does not apply to a financial institution that maintains customer information concerning fewer than 5,000 consumers.
Ark. Code Ann. § 23-60-101 Title
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This code constitutes the Arkansas Insurance Code.
Ark. Code Ann. § 23-60-102 Definitions
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(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…
Ark. Code Ann. § 23-60-103 Application of code
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(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…
Ark. Code Ann. § 23-60-104 Exceptions — Burial associations — Healthcare sharing ministries — Direct healthcare agreements — Definitions
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(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…
Ark. Code Ann. § 23-60-105 Particular provisions prevail
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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.
Ark. Code Ann. § 23-60-106 Prior acts, offenses, rights, etc., not affected
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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…
Ark. Code Ann. § 23-60-107 Captions and headings not to affect meaning
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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.
Ark. Code Ann. § 23-60-108 Penalty generally
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(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…
Ark. Code Ann. § 23-60-109 Penalty for false or misleading statements
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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.
Ark. Code Ann. § 23-60-110 Compliance with code required
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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.
Ark. Code Ann. § 23-60-111 Civil liability
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(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;…
Ark. Code Ann. § 23-60-112 American Law Institute — Restatement not public policy
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(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 …
Ark. Code Ann. § 23-61-1001 Title
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This subchapter shall be known and may be cited as the “Arkansas Health and Opportunity for Me Act of 2021”.
Ark. Code Ann. § 23-61-1002 Legislative intent
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(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…
Ark. Code Ann. § 23-61-1003 Definitions
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(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…
Ark. Code Ann. § 23-61-1004 Administration
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(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 …
Ark. Code Ann. § 23-61-1005 Requirements for eligible individuals
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(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 …
Ark. Code Ann. § 23-61-1006 Requirements for program participants
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(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…
Ark. Code Ann. § 23-61-1007 Insurance standards for individual qualified health insurance plans
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(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…
Ark. Code Ann. § 23-61-1008 [Expired.]
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A.C.A. § 23-61-1008Current 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. § 23-61-1009 Sunset
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This subchapter expires December 31, 2031.
Ark. Code Ann. § 23-61-101 State Insurance Department — Continuation — Assignment of space
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(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…
Ark. Code Ann. § 23-61-1010 Community bridge organizations
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(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…
Ark. Code Ann. § 23-61-1011 Health and Economic Outcomes Accountability Oversight Advisory Panel
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(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 …
Ark. Code Ann. § 23-61-1012 Rules
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The Department of Human Services shall adopt rules necessary to implement this subchapter.
Ark. Code Ann. § 23-61-102 Insurance Commissioner
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(a) The head of the State Insurance Department shall be the Insurance Commissioner appointed by the Governor with the advice and consent of the Senate. No person shall be eligible for appointment as commissioner unless a citizen of this state and at least thirty (30) years of age…
Ark. Code Ann. § 23-61-103 Insurance Commissioner — Powers and duties
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(a) The Insurance Commissioner shall enforce the provisions of the Arkansas Insurance Code and shall execute the duties imposed upon him or her by the Arkansas Insurance Code. (b) The commissioner shall have the powers and authority expressly conferred upon him or her by or reaso…
Ark. Code Ann. § 23-61-104 Deputies, assistants, and other employees — Appointment — Duties
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(a) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint such assistants and deputies and such examiners, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the du…
Ark. Code Ann. § 23-61-105 Insurance Commissioner, deputies, assistants, and other employees — Expense allowance
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(a) In addition to compensation for their services, the Insurance Commissioner, his or her deputies, assistants, and other Department of Commerce employees performing duties or working within the State Insurance Department shall be paid their actual and necessary expenses as auth…