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054.00.57-2. Authority; Scope and Application.

AR ADC 054.00.57-2Arkansas Administrative CodeEffective: January 6, 2019

West's Arkansas Administrative Code
Title 054. Insurance Department
Division 00.
Rule 57. Insurance Department Administrative and Regulatory Fees
Effective: January 6, 2019
Ark. Admin. Code 054.00.57-2
054.00.57-2. Authority; Scope and Application.
(a) AUTHORITY. The Insurance Commissioner hereby promulgates and issues this Rule and Regulation under his authority pursuant to the provisions of Ark. Code Ann. §§ 23-61-701 et seq., 23-61-108, 25-15-201 et seq., and other applicable Arkansas laws.
(b)(1) SCOPE AND APPLICATION. This Rule or any applicable parts shall apply to insurers, agents and other current or former licensees, permittees, registrants, and applicants for licensure of the Insurance Commissioner. Such licensees, registrants or permittees or applicants for licensure shall include but not be limited to:
(A) Insurers and Similar Entities: All licensed domestic, foreign and alien insurance companies, including but not limited to stock and mutual insurers, title insurance companies, mutual assessment life and disability insurers, reciprocal insurers, approved but not admitted surplus line insurers, health maintenance organizations (“HMO's”), fraternal benefit societies, hospital and medical service corporations, stipulated premium insurers, farmers' mutual aid associations (“FMAA's”), prepaid legal insurers, advisory/rate service organizations, property and casualty JUA's, associations, pools and syndicates not qualifying as advisory organizations under §§ 23-67-101, et seq.;
(B) Auto Clubs: All licensed automobile clubs or associations;
(C) Agents and Brokers: All licensed resident and non-resident insurance agents, brokers, viatical settlement agents and brokers, consultants, risk retention group agents and purchasing group brokers, HMO producers, prepaid legal insurance agents, FMAA agents, all licensed resident and non-resident insurance agencies;
(D) TPA's: All registered third party administrators (“TPA's”);
(E) Education Course Providers: All current approved course providers for agent pre-licensure and continuing education;
(F) Fraternals: All licensed fraternal benefit society agents, excluding all officers, members, employees or other representatives exempt from examination or State licensure by statute;
(G) Adjusters: All licensed resident and non-resident adjusters and limited adjusters;
(H) Surplus Lines: All licensed resident surplus line brokers, and all licensed surplus line brokers for purchasing groups only;
(I) Continuing Care Facilities;
(J) Notary Bond Surety Corporations;
(K) Managing General Agents/Agencies;
(L) Reinsurance Intermediaries and Accredited/Trusteed Reinsurers;
(M) Professional Employer Organizations and employer Service Assurance Organizations; and
(N) Others: as mentioned elsewhere in this Rule, or others as applicable.
All persons and entities referred to in paragraphs (b) (1) (A) through (b) (1) (N) may sometimes hereinafter be referred to collectively as “Licensees, Registrants, or Permittees.”
(2) All administrative and regulatory fees set forth in this Rule and Regulation are in addition to any other fees imposed under current laws and rules, and shall be paid coincident with the payment of other fees currently owing. However, where practical and as a convenience to the reader, certain statutory fees are referenced within this Regulation to assist the reader in determining the appropriate fee amount, when both the statute and this Regulation charge different fees for the same services. Note also, that a few fees referenced herein list an annual or biennial fee amount but may be due on an annual or biennial schedule.
(3) The Commissioner in his discretion may waive all or any part of any fee assessed under this rule if: (A) the Certificate of Authority, license, permit or registration is suspended or revoked; (B) if the Commissioner finds that the licensee, permittee or registrant is impaired or insolvent, or its continuing operations are hazardous to the public of this State; or (C) if the licensee, permittee or registrant is under domiciliary department supervision of this or another State, or court-ordered conservation, rehabilitation, liquidation or has filed for bankruptcy under Chapter 11 of Title 11, United States Code. Any licensee, permittee, registrant or its domiciliary conservator, rehabilitator, liquidator, or trustee in bankruptcy may request a fee waiver in writing; but the Commissioner may not consider waivers for those failing to file a written request therefor. Upon activation or reinstatement of any suspended certificate of authority, license, permit or registration, or upon approval of a bankruptcy reorganization plan or successful release from conservation or rehabilitation, then the licensee, permittee, or registrant shall automatically commence reporting and payment of any of the fees in this Rule applicable to resumed Arkansas operations under the license, permit or registration. Trust Fund reimbursement for fees which would have been required and assessed but for the waiver during that period shall not be required. Upon failure of any such person, firm, or corporation to file for waiver or pay the fees when due, or upon the Commissioner's denial of the requested waiver, the Commissioner may file his claim on behalf of the Trust Fund against any deposit or other asset of the person, firm or corporation as permitted by insurance and other applicable laws of this State.
(4) It is the intent of the Commissioner not to charge fees for filings which are made with the Department for “informational purposes only”, and which are otherwise exempt from filing or not expressly required to be filed by statute, regulation, or order. The Commissioner in his reasonable discretion, reserves the right to determine whether, in fact, a particular filing is truly for informational purposes only.

Credits

Amended Nov. 23, 2009; April 11, 2016; Jan. 6, 2019.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 054.00.57-2, AR ADC 054.00.57-2
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