Title 23 — Public Utilities and Regulated Industries
95 chapters · 4,024 sections in this title.
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…
Ark. Code Ann. § 23-67-201 Purpose
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(a) This chapter shall be liberally construed to achieve the purposes stated in subsection (b) of this section, which shall constitute an aid and guide to interpretation but not an independent source of power. (b) The purposes of this chapter are to:(1) Promote the public welfare…
Ark. Code Ann. § 23-67-202 Definitions
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(1) As used in this chapter, unless the context otherwise requires:(1) (A) (i) “Advisory organization” or “rate service organization” means any entity which either has two (2) or more member insurers or is controlled either directly or indirectly by two (2) or more insurers, lice…
Ark. Code Ann. § 23-67-203 Scope
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(1) This chapter applies to all kinds of insurance written on risks in this state by any insurers authorized to do business in this state, except:(1) Life insurance;(2) Annuities;(3) Disability, including accident and health, insurance;(4) Ocean marine insurance;(5) Reinsurance;(…
Ark. Code Ann. § 23-67-204 Payment of dividends
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Nothing in this chapter shall be construed to prohibit the payment of dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to their policyholders, members, or subscribers.
Ark. Code Ann. § 23-67-205 Penalties
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(a) Whenever the Insurance Commissioner shall have reason to believe that any person has violated any provision of this chapter, he or she shall issue and serve upon the person a statement of the alleged violations and a notice of hearing as provided by § 23-67-221 [repealed]. (b…
Ark. Code Ann. § 23-67-206 Exemptions
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(a) In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and revi…
Ark. Code Ann. § 23-67-207 Noncompetitive market
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(a) If the Insurance Commissioner has cause to believe that a reasonable degree of competition does not exist in a market, the commissioner shall hold a hearing. In determining whether a reasonable degree of competition exists, insurers operating within that market shall have the…
Ark. Code Ann. § 23-67-208 Rate standards
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(a) Rates shall not be excessive, inadequate, or unfairly discriminatory. (b) A rate in a competitive market is assumed not to be excessive. A rate is excessive in a competitive or noncompetitive market if it is likely to produce a profit from Arkansas business that is unreasonab…
Ark. Code Ann. § 23-67-209 Rating criteria
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(a) Due consideration must be given to past and prospective loss and expense experience within and outside this state, to catastrophe hazards and contingencies, to events or trends within and outside this state, to loadings for leveling rates over a period of time, to dividends o…
Ark. Code Ann. § 23-67-210 Rating plans
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(a) Rates may be modified to produce premiums for individual risks in accordance with filed rating plans which establish standards for measuring variations in hazards or expense provisions. Those standards may measure differences among risks that can be demonstrated to have a pro…
Ark. Code Ann. § 23-67-211 Filing of rates and other rating information
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(a) Filings as to Competitive Markets. (1) (A) (i) In a competitive market, every insurer shall file with the Insurance Commissioner all rates, supplementary rate information, and supporting information for risks which are to be written in this state.(ii) The rates and informatio…
Ark. Code Ann. § 23-67-212 Procedural requirements
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(a) (1) Rates filed pursuant to this section shall be filed in such form and manner as prescribed by the Insurance Commissioner.(2) An insurer may satisfy its obligation to file supplementary rate information or supporting information by filing a reference to a filing made by an …
Ark. Code Ann. § 23-67-213 Disapproval of rates
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(a) Basis of Disapproval. (1) The Insurance Commissioner may disapprove a rate without a hearing if the insurer fails to file the information required pursuant to this chapter.(2) The commissioner may disapprove a rate without a hearing if he or she finds that the rate is excessi…
Ark. Code Ann. § 23-67-214 Licensing of advisory organizations
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(a) No advisory organization shall provide any service relating to the rates of any insurance subject to this chapter, and no insurer shall utilize the services of the organization for those purposes unless the organization has obtained a license from the Insurance Commissioner. …
Ark. Code Ann. § 23-67-215 Insurers and advisory organizations — Prohibited activities
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(a) Monopolies. No insurer or advisory organization shall attempt to monopolize or to combine or conspire with any other person to monopolize an insurance market or make any arrangement with any other insurer, advisory organization, or other person which has the purpose or effect…
Ark. Code Ann. § 23-67-216 Advisory organizations — Permitted activities
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(1) Any advisory organization, in addition to other activities permitted, is authorized to:(1) Develop statistical plans, including territorial and class definitions;(2) Collect statistical data from members, subscribers, or any other source;(3) Prepare and distribute pure premiu…
Ark. Code Ann. § 23-67-217 Advisory organizations — Filings
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Every advisory organization shall file with the Insurance Commissioner every advisory document pursuant to § 23-67-216 thirty (30) days prior to the effective date. The commissioner may extend the review period an additional thirty (30) days by written notice to the filer before …
Ark. Code Ann. § 23-67-218 Records and reports
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(a) The Insurance Commissioner may adopt reasonable rules for use by companies to record and report to the commissioner rates and other information determined by the commissioner to be necessary or appropriate for the administration of this chapter and for the effectuation of its…
Ark. Code Ann. § 23-67-219 Workers' compensation and employers' liability insurance
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(1) With regard to workers' compensation and employers' liability insurance incidental thereto and written in connection therewith, the following provisions shall apply:(1) (A) Every insurer shall file with the Insurance Commissioner every manual of classifications, rules and rat…
Ark. Code Ann. § 23-67-220 Examinations
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(a) The Insurance Commissioner may examine any insurer, pool, advisory organization, or residual market mechanism as he or she deems necessary to ascertain compliance with this chapter. (b) Every insurer, pool, advisory organization, and residual market mechanism shall maintain r…
Ark. Code Ann. § 23-67-221 [Repealed.]
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A.C.A. § 23-67-221Current 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. § 23-67-222 Administrative procedures
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(a) Administrative procedures exercised by the Insurance Commissioner under this chapter shall be in accordance with §§ 23-61-303 — 23-61-306. (b) Appeals from orders of the commissioner made under this chapter shall be made in accordance with § 23-61-307.
Ark. Code Ann. § 23-67-223 [Repealed.]
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A.C.A. § 23-67-223Current 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. § 23-67-301 Title
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This subchapter shall be known and cited as the “Arkansas Workers' Compensation Insurance Plan”.
Ark. Code Ann. § 23-67-302 Purpose
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The purpose of this subchapter is to amend this title to provide for the establishment of a mandatory workers' compensation insurance plan to assure coverage for employers who are in good faith entitled, but unable to procure, workers' compensation insurance in this state, and to…
Ark. Code Ann. § 23-67-303 Establishment, operation, and regulation
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The Insurance Commissioner shall be responsible for the establishment, operation, and regulation of the Arkansas Workers' Compensation Insurance Plan pursuant to the provisions of this subchapter.
Ark. Code Ann. § 23-67-304 Plan for coverage
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(a) The Arkansas Workers' Compensation Insurance Plan shall give consideration to:(1) The need for adequate and readily accessible coverage;(2) Optional methods of improving the market affected;(3) The need for reasonable underwriting standards;(4) The need for adequate superviso…
Ark. Code Ann. § 23-67-305 Mandatory participation in Arkansas Workers' Compensation Insurance Plan
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(a) All insurers licensed to transact workers' compensation and employers' liability insurance in this state, as defined in § 23-62-105(a)(3) and who have qualified to transact workers' compensation insurance pursuant to § 11-9-302(a) shall participate in the equitable apportionm…
Ark. Code Ann. § 23-67-306 Employers entitled to insurance
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(a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:(1) The employer pays his or her premium based upon the premium pay…
Ark. Code Ann. § 23-67-307 Cancellation of policy
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If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right…
Ark. Code Ann. § 23-67-308 Failure of insurer to comply
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If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code…
Ark. Code Ann. § 23-67-309 Appeal
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Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307.
Ark. Code Ann. § 23-67-310 Rules
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The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this subchapter.
Ark. Code Ann. § 23-67-311 Association policies
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Under such rules as shall be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, the commissioner is given the authority in the Arkansas Workers' Compensation Insurance Plan to allow the issuance of group or association workers' compensati…
Ark. Code Ann. § 23-67-312 Alternate preferred plan
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(a) The Insurance Commissioner shall establish within the Arkansas Workers' Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers' compensation insurance coverage continuously for at l…
Ark. Code Ann. § 23-67-313 Competitive selection
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(a) The Insurance Commissioner shall make a good faith effort to comply with the intent of the provisions requiring competitive selection of the administrator of the Arkansas Workers' Compensation Insurance Plan and servicing carriers. The administrator and servicing carriers sha…
Ark. Code Ann. § 23-67-401 Title
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This subchapter shall be known and may be cited as the “Use of Credit Information in Personal Insurance Act”.
Ark. Code Ann. § 23-67-402 Purpose
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The purpose of this subchapter is to regulate the use of credit information for personal insurance so that consumers are afforded certain protections with respect to the use of the information.
Ark. Code Ann. § 23-67-403 Scope
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This subchapter applies to personal insurance and not to commercial insurance or any other type of insurance.
Ark. Code Ann. § 23-67-404 Definitions
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(1) For the purposes of this subchapter:(1) “Adverse action” means a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of any insurance, existing or applied for, in connection with th…
Ark. Code Ann. § 23-67-405 Use of credit information
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(1) An insurer authorized to do business in Arkansas that uses credit information to underwrite or rate risks shall not:(1) Use a credit score that is calculated using income, gender, address, zip code, ethnic group, religion, marital status, or nationality of the consumer as a f…
Ark. Code Ann. § 23-67-406 Dispute resolution and error correction
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(a) If it is determined through the dispute resolution process set forth in section 1681i(a)(5) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., that the credit information of a current insured was incorrect or incomplete and if the insurer receives written notice of t…
Ark. Code Ann. § 23-67-407 Initial notification
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(a) (1) If an insurer writing personal insurance uses credit information in underwriting or rating a consumer, the insurer or its agent shall disclose either on the insurance application or at the time the insurance application is taken that it may obtain credit information in co…