Title 23, Public Utilities and Regulated Industries

(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…

(a) The Insurance Commissioner, any deputy, examiner, assistant, or employee of the commissioner, or any employee of the Department of Commerce working for the State Insurance Department shall not be financially interested, directly or indirectly, in any insurer, insurance agency…

(a) (1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office.(2) These records and insurance filings in his or her office shall be open to …

(a) (1) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may make reasonable rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.(2) No rule shall extend, modify, or conflict with any la…

(a) Orders and notices of the Insurance Commissioner shall be effective only when in writing signed by the commissioner by his or her authority. (b) Every order shall state its effective date and shall concisely state:(1) Its intent or purpose;(2) The grounds on which based; and(…

(a) (1) (A) The Insurance Commissioner may institute such suits or other legal proceedings as may be required for enforcement of any provisions of the Arkansas Insurance Code.(B) In addition, the commissioner may intervene in any civil suit or administrative hearing initiated by …

(1) As used in this subchapter:(1) “Burial association” means:(A) A person, firm, association, copartnership, corporation, company, or other organization that, from and after February 18, 1953:(i) Undertakes for consideration paid by or on behalf of its members to defray all or a…

(a) There is created within the State Insurance Department the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (b) The members of the board shall be:(1) Residents of this state;(2) At least twenty-one (21) years of age; and(3) Of good moral character…

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) (A) Hold a meeting no less than one (1) time each calendar quarter.(B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of …

(a) (1) The Insurance Commissioner, in consultation with the Secretary of the Department of Commerce, may appoint and employ a person as the Executive Secretary of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services who shall serve at the pleasure of …

(a) The Insurance Commissioner or a person appointed or employed by the commissioner shall:(1) Have general supervision over field inspection and enforcement of this subchapter and § 17-29-301 et seq.;(2) Make public the procedures for making inquiries into the practice of funera…

(a) (1) The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.(2) A person is not eligible for appointment as inspector under subdivision (a…

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may promulgate reasonable rules for the licensing of crematoriums. (b) A crematorium shall not be operated in this state unless licensed by the board, and a dead human body shall not be cremated …

(a) In the interest of public health and to ensure the safe, secure, and timely transportation of dead human bodies in and through Arkansas, the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may license, inspect, and promulgate reasonable rules for …

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) (A) Conduct periodic, special, or other examinations of a cemetery or cemetery company, including without limitation an examination of the physical condition or appearance of the cemetery…

(a) As used in this section and § 23-61-110:(1) “Foreign decree” means any decree or order in equity of a court located in a reciprocal state, including a court of the United States located therein, against any insurer incorporated or authorized to do business in this state; and(…

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may:(1) Grant certificates of authority to burial associations;(2) Revoke certificates of authority, charters, or other authority granted to burial associations in this state;(3) Fix the minimum …

(a) The State Insurance Department shall assist the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services in the performance of the duties of the board. (b) Assistance under subsection (a) of this section shall include without limitation:(1) Receiving and d…

(a) As early in the calendar year as reasonably possible, the Insurance Commissioner annually shall prepare and deliver a report to the Secretary of the Department of Commerce showing, with respect to the preceding calendar year:(1) Names of the authorized insurers transacting in…

(a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102. (b) (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health inf…

(a) The principles expressed in subsection (b) of this section shall serve as standards to be followed by the Insurance Commissioner in:(1) Exercising the commissioner's powers and duties;(2) Exercising administrative discretion;(3) Dispensing administrative interpretations of th…

(a) The Insurance Commissioner shall regulate the licensing and financial solvency of risk-based provider organizations, as defined in § 20-77-2703, participating in the Medicaid provider-led organized care system for enrollable Medicaid beneficiary populations as defined in § 20…

(a) (1) The Insurance Commissioner shall examine the affairs, transactions, accounts, records, market conduct activity, and assets of each authorized insurer as often as in the commissioner's sole discretion he or she deems advisable.(2) The commissioner shall so examine each aut…

For the purposes of completing an examination of any company under this subchapter, the Insurance Commissioner may, as often as he or she deems advisable, examine or investigate any person, or the business of any person, insofar as such an examination or investigation is, in the …

(a) Upon determining that an examination should be conducted, the Insurance Commissioner shall issue an examination certificate of authority appointing one (1) or more examiners to perform the examination and instructing them as to the scope of the examination. In conducting the …

(a) (1) Every company or person from whom information is sought, its officers, directors, and agents, must provide to the examiners appointed under § 23-61-203 timely, convenient, and free access at all reasonable hours at its offices to all books, records, accounts, papers, docu…

(a) (1) The Insurance Commissioner or his or her examiner shall make a full and true written report of each examination, which shall comprise only facts appearing upon the books, records, or other documents of the insurer, its agents, or other persons examined, or as ascertained …

(a) (1) Each person examined shall pay to the State Insurance Department the actual travel expenses, reasonable living expense allowance, and compensation for examiners and other persons assisting in the examination according to the examination guidance section in the most curren…

All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the Insurance Commissioner or any other person in the course of an examination made under this subchapter must be given confidential treatment and are not subject to subpoena…

(a) No cause of action shall arise nor shall any liability be imposed against the Insurance Commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the…

(a) With respect to the subject of any examination, investigation, or hearing being conducted by the Insurance Commissioner, the commissioner may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the productio…

(a) (1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement.(2) If a statement is filed under subdivision (a)(1) of this section, th…

(a) The Insurance Commissioner may hold hearings for any purpose within the scope of the insurance laws of this state. (b) (1) The commissioner shall hold a hearing if required by any provision or upon written demand for a hearing by a person aggrieved by any act, threatened act,…

(a) Not less than ten (10) days in advance, the Insurance Commissioner shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. (b) If the persons to be given notice are not specified in the provisions pursuant to which the hear…

(a) Hearings may be closed to the public at the Insurance Commissioner's discretion, except that a hearing shall be open to the public if so requested in writing by any party to the hearing. (b) The commissioner shall allow any party to the hearing to appear in person and by coun…

(a) In the conduct of any hearing under the Arkansas Insurance Code and making his or her order thereon, the Insurance Commissioner shall act in a quasi-judicial capacity. (b) Within thirty (30) days after termination of the hearing or of any rehearing thereof or reargument there…

(a) An appeal from the Insurance Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the commissioner has refused or failed to grant or hold a hearing after demand therefor under § 23-61-303 or as to a matter as to which the commissio…

The Insurance Commissioner shall collect annually or biennially as prescribed by rule of the commissioner and pay to the Treasurer of State the following fees, licenses, and miscellaneous charges: (1) Admission fees: (A) Filing and reviewing all documents necessary for issuance o…

(a) The Insurance Commissioner shall deposit all fees collected under § 23-61-401 into the State Treasury as special revenues. Unless specifically authorized by law, order, or consent decree for collection and deposit into other accounts or other trust funds as general or special…

(1) The purpose of this subchapter is to:(1) Enable the State of Arkansas to determine jurisdiction over the providers of healthcare benefits described in § 23-61-503;(2) Allow examinations by this state unless the provider of healthcare benefits is able to show it is not subject…

(1) The provisions of this subchapter shall not apply to those healthcare plans which are maintained:(1) Pursuant to a collective bargaining agreement;(2) By a tax-exempt rural electric cooperative;(3) By The Poultry Federation; or(4) By any nonprofit vision service plan corporat…

(a) Notwithstanding any other provision of law and except as provided in this subchapter, any person, entity, or plan that provides coverage in this state for medical, surgical, chiropractic, physical therapy, speech pathology, audiology, professional mental health, dental, hospi…

Any person, entity, or other provider described in § 23-61-503 that fails to show it is not subject to the jurisdiction of the State Insurance Department shall submit to an examination or investigation by the Insurance Commissioner to determine its organization, solvency, and com…

The Insurance Commissioner is authorized to promulgate rules which may be necessary for the implementation and enforcement of this subchapter.

This subchapter may be cited as the “Risk Management Act”.

(a) It is the purpose of this subchapter to reduce the cost to the state of insurance coverage, including surety bonds, by establishing the Risk Management Division. (b) It is also the purpose of this subchapter that the division analyze and make recommendations as to cost-effect…