23 CAR Part 22 — State Insurance Department Administrative and Regulatory Fees

Chapter I

Subchapter A

Subpart 1

23 CAR § 22-101 Purpose {#sec-23-car-22-101 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-101}

23 CAR § 22-101. Purpose.

(a) The purpose of this part is to implement and clarify the pertinent fee provisions of:

(1) Acts 1993, No. 652, the State Insurance Department Trust Fund Act, codified at Arkansas Code § 23-61-701 et seq.;

(2) Acts 1993, No. 901, the State Insurance Department Omnibus Act;

(3) Acts 1993, No. 787, the Life Care Providers Act, codified at Arkansas Code § 23-93-201 et seq.; and

(4) Others.

(b)(1) This part is designed to specify the amount, method, and manner of payment of nonrefundable administrative and regulatory fees of insurers, agents, and other licensees or registrants, as well as other filing fees for various State Insurance Department products and services, all of which are payable to "The State Insurance Department Trust Fund".

(2) It is also to emphasize that fees charged under current laws are not affected, diminished, or altered by the provisions of this part.

(c) As appropriate, and to the extent fees are charged under other Arkansas laws for the same product, process, or service as to which a fee is to be paid pursuant to the acts referenced herein and this part, this part is to provide for the payment of all of such fees in a coordinated, consistent manner.

23 CAR § 22-102 Scope and application {#sec-23-car-22-102 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-102}

23 CAR § 22-102. Scope and application.

(a) This part or any applicable sections shall apply to insurers, agents, and other current or former licensees, permittees, registrants, and applicants for licensure of the Insurance Commissioner.

(b)(1) Such licensees, registrants, or permittees or applicants for licensure shall include but not be limited to:

(A)(i) Insurers and similar entities.

(ii) All licensed domestic, foreign, and alien insurance companies, including, but not limited to:

(a) Stock and mutual insurers;

(b) Title insurance companies;

(c) Mutual assessment life and disability insurers;

(d) Reciprocal insurers;

(e) Approved but not admitted surplus line insurers;

(f) Health maintenance organizations (HMOs);

(g) Fraternal benefit societies;

(h) Hospital and medical service corporations;

(i) Stipulated premium insurers;

(j) Farmers mutual aid associations (FMAAs);

(k) Prepaid legal insurers;

(l) Advisory/rate service organizations;

(m) Property and casualty JUAs; and

(n) Associations, pools, and syndicates not qualifying as advisory organizations under Arkansas Code § 23-67-101 et seq.;

(B)(i) Auto clubs.

(ii) All licensed automobile clubs or associations;

(C)(i) Agents and brokers.

(ii) All licensed resident and nonresident 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, and all licensed resident and non­resident insurance agencies;

(D)(i) Third-party administrators (TPAs).

(ii) All registered TPAs;

(E)(i) Education course providers.

(ii) All current approved course providers for agent prelicensure and continuing education;

(F)(i) Fraternals.

(ii) All licensed fraternal benefit society agents, excluding all officers, members, employees, or other representatives exempt from examination or state licensure by statute;

(G)(i) Adjusters.

(ii) All licensed resident and nonresident adjusters and limited adjusters;

(H)(i) Surplus lines.

(ii) 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/trusted reinsurers;

(M) Professional employer organizations and employer service assurance organizations; and

(N)(i) Others.

(ii) As mentioned elsewhere in this part or others as applicable.

(2) All persons and entities referred to in subdivisions (b)(1)(A) – (N) of this section may sometimes hereinafter be referred to collectively as "licensees, registrants, or permittees".

(c)(1) All administrative and regulatory fees set forth in this part 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.

(2) However, where practical and as a convenience to the reader, certain statutory fees are referenced within this part to assist the reader in determining the appropriate fee amount, when both the statute and this part charge different fees for the same services.

(3) 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.

(d)(1) The commissioner in his or her discretion may waive all or any part of any fee assessed under this rule if the:

(A) Certificate of authority, license, permit, or registration is suspended or revoked;

(B) 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) Licensee, permittee, or registrant:

(i) Is under domiciliary department supervision of this or another state, or court-ordered conservation, rehabilitation, liquidation; or

(ii) Has filed for bankruptcy under Chapter 11 of Title 11, United States Code.

(2) 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.

(3) 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 part applicable to resumed Arkansas operations under the license, permit, or registration.

(4) State Insurance Department Trust Fund reimbursement for fees that would have been required and assessed but for the waiver during that period shall not be required.

(5) 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 or her 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.

(e)(1) It is the intent of the commissioner not to charge fees for filings that are:

(A) Made with the State Insurance Department for informational purposes only; and

(B) Otherwise exempt from filing or not expressly required to be filed by statute, rule, or order.

(2) The commissioner in his or her reasonable discretion reserves the right to determine whether, in fact, a particular filing is truly for informational purposes only.

History

• Codification Notes: "JUA" means joint underwriting association. Authorities: Arkansas Code § 23-61-108; Arkansas Code § 23-61-703; Arkansas Code § 23-61-706; Arkansas Code § 23-61-708; Arkansas Code § 23-61-709; Arkansas Code § 23-91-206

23 CAR § 22-103 Derivation and classes of fees {#sec-23-car-22-103 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-103}

23 CAR § 22-103. Derivation and classes of fees.

(a)(1)(A) The State Insurance Department Trust Fund Act, Arkansas Code § 23-61-701 et seq., provides the State Insurance Department’s authority to generate revenue to support its operations by the imposition of fees.

(B) It also divides certain of those fees into two (2) categories, i.e., Category A and Category B.

(2)(A) Fees in Category A are those:

(i) Involving material or substantive corporate transactions; or

(ii) That consume substantial time of department staff.

(B) Those fees are capped at a maximum of one thousand five hundred dollars ($1,500) per transaction.

(3)(A) Category B fees, on the other hand, are those involving other departmental filings, transactions, or services that do not require a substantial effort by department staff.

(B) Those fees are capped at a maximum of fifty dollars ($50.00) per transaction.

(b) Caution. The State Insurance Department Trust Fund Act, Arkansas Code § 23-61-701 et seq., and other acts/statutes referenced above authorize the imposition of other fees:

(1) Set forth in this part; and

(2) That are not subject to the respective Category A and Category B caps.

23 CAR § 22-104 Insurers (see 23 CAR § 22-102(b)(1)(A)) {#sec-23-car-22-104 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-104}

23 CAR § 22-104. Insurers (see 23 CAR § 22-102(b)(1)(A)).

(a) Category A fees (maximum one thousand five hundred dollars ($1,500)) (per covered entity, filing, or transaction).

DEPARTMENT SERVICE OR PRODUCT FEE AMOUNTS

(1) Authorized or Licensed Insurers.

(A) Department expense for independent actuarial

review of previously disapproved rate/rule

filing set for hearing at filer's request

(excluding Workers' Compensation which is not subject to

a monetary cap)

EXPENSE AS INCURRED BUT NOT TO EXCEED $1,500

(B) Filing and review of each Bulk or

Assumption Reinsurance Agreement $500

(C) Filing and review of all documents necessary for issuance

of Certificate of Incorporation for Domestic Insurers $500

(Coupled with the $100 fee in Arkansas Code § 23-61-401(1)(A)

the total fee due is $600.)

(D) Reviewing all documents necessary for issuance

of Original Certificate of Authority for all Companies $500

(Coupled with the $500 fee in Arkansas Code § 23-61-401(1)(C)

the total fee due is $1,000.)

(E) Filing notice of appointment of Managing General Agent/Agency

or Notice of Termination of Managing General Agent/Agency $500

(F) Review/processing of information necessary to

amend an Arkansas Certificate of Authority $400

(Coupled with the $100 fee in Arkansas Code § 23-61-401(3)(C)

the total fee due is $500.)

(G)(i) Filing and review of independent rate filings, initial filing to

adopt an Advisory Organization's reference filing for loss costs,

or filing to change the loss cost multiplier already on file, including

companion rule filings required to implement

the rate filings (P, C, S, M) $100

("P, C, S, M" signifies property, casualty [including workers'

compensation], surety and marine insurance and all other specific

lines identified at Arkansas Code §§ 23-62-104 through 23-62-108.)

(ii) Filing to adopt an Advisory Organization's reference for

loss costs with no changes to company's loss cost multiplier

already on file, including companion rule filing required

to implement the new loss cost filing $50

(H) Issuance of an Original Certificate of Incorporation for

Domestic Insurers $150

(Coupled with the $50 fee in Arkansas Code § 23-61-401(1)(B)

the total fee due is $200.)

(I) Issuance of Original Certificate of Authority for all Companies $150

(Coupled with the $150 fee in Arkansas Code § 23-61-401(1)(D)

the total fee due is $300.)

(J) Review and processing of amended Articles of

Incorporation, each filing, each insurer $75

(Coupled with the $25 fee in Arkansas Code § 23-61-401(3)(A)

the total fee due is $100.)

(K) Review/ processing of information necessary to amend an

Arkansas Certificate of Authority for an FMAA. $150

(L) Review any Corrective Action Plan filed by a licensee up to $1,500

(M) Review of custodial agreements for broker dealers & banks

Under 23 CAR pt. 13 $250

(N) Review and processing application for Viatical Settlement Provider

license and issuance of initial and renewal license $500

(2) Approved Non-Admitted Surplus Line Insurer. Annual continuation of foreign surplus line company

registration $500

(3) Accredited/Trusteed Reinsurer.

Initial registration and annual renewal for Accredited or Trusteed

Status $500

(b) Category B fees (maximum fifty dollars ($50.00)) (per covered entity, filing, or transaction).

ADMINISTRATIVE AND REGULATORY FEES FEE AMOUNTS

(1) Compliance.

(A) Filing or review of policy/contract, endorsements or

certificates, riders, applications, or annuity forms,

per submission (not per form) $50

*Note that a Service purchaser of an Advisory Organization

must file the purchased Form for review.

(B) Filing/review of each Life and/or Disability rate filing

or loss ratio guarantee filing, per form $50

(C) Filing of an independent rule filing or to adopt a reference

or item filing of Advisory Organization, per item

(excluding loss cost reference filing) $50

(D) Filing each set of new/amended or restated By-laws,

per insurer, per filing $50

(E) Life and/or Disability: Filing/review of insurer's

advertisements, per advertisement, per each insurer $50

(F) Policy, contract or annuity forms:

Filing and review of each life and/or disability certificate

rider, application, or endorsement, if filed separately from

basic form, per insurer $50

(G) Policy and contract forms, all lines, filing corrections in

previously filed policy and contract forms $50

(H) Filing of each insurer address change, not involving

an amendment to a Certificate of Authority or Articles of

Incorporation, per filing, per insurer $50

(I) Filing of Department Forms 1-71 as to

cancellation/nonrenewal of all appointed insurance agents and agencies after a Name change or after

Merger or Consolidation of two or more insurers $10

(J) Each filing of an individual Department Form 1-71 as to

cancellations/nonrenewals of agent appointments,

each appointment, each insurer $10

(K) Preparation and execution of Certificates of

Compliance for insurers $15

(Coupled with the $5 fee in Arkansas Code § 23-61-401(14)(B)

the total fee due is $20.)

(L) Filing 1-48 agent appointment forms for all appointed insurance agents and agencies in the new name of an insurer after a Name Change or after Merger or

Consolidation of two or more insurers $10

(2) Insurers' appointments of insurance agents and agencies. In addition to and as an increase of all other current agent license fees paid by insurers and others in connection with initial and renewal agent appointments under the Arkansas Insurance Code or other applicable laws or rules, the following additional fees are hereby assessed insurers.

(3) All producers and agencies must note that even though statutorily, appointment fees are payable by insurers and even though Arkansas Code § 23-61-708(d) makes it clear that this economic burden must be borne by insurers, it is, nonetheless, the dual responsibility of agents and agencies to make sure that appointments are kept current.

(A) Initial appointment of non-resident insurance agent $60

(B) Initial appointment of non-resident agency, including

one (1) qualifying individual -----$60

(C) Annual fee for insurer's continuing appointment of

non-resident insurance agent -----$60

(D) Annual fee for insurer's continuing appointment of

non-resident agency, including one (1) qualifying individual $60

(E) Initial appointment and annual continuation of resident agent,

individuals only, for full line appointments (life, disability and

multi-line) $10

(F) Initial appointment and annual continuation of resident agent,

individuals only, for limited line appointments $10

(G) Initial appointment and annual continuation of each resident

agency, including one (1) qualifying individual, for full line

appointments (life, disability and multi-line) $10

(H) Initial appointment and annual continuation of each resident

agency, including one (1) qualifying individual, for limited line

appointments $10

(I) Pre-licensing Electronic Education Fee,

per hour of instruction $1.00.

See 23 CAR § 22-125 addressing the duration of this fee.

(4)(A) See Arkansas Code § 23-61-401 for additional agent/agency fees.

(B) The statutory fee for appointment of resident producers is ten dollars ($10.00).

(C) There is no statutory fee for the appointment of nonresident producers.

23 CAR § 22-105 Administrative and regulatory annual fee — Producers, agencies, life settlement agents and brokers, adjusters, limited adjusters, consultants, risk retention group agents, purchasing group brokers, surplus line brokers, surplus line brokers for purchasing groups only, HMO producers, prepaid legal insurance agents, fraternal benefit society agents, FMAA agents, and third-party administrators {#sec-23-car-22-105 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-105}

23 CAR § 22-105. Administrative and regulatory annual fee — Producers, agencies, life settlement agents and brokers, adjusters, limited adjusters, consultants, risk retention group agents, purchasing group brokers, surplus line brokers, surplus line brokers for purchasing groups only, HMO producers, prepaid legal insurance agents, fraternal benefit society agents, FMAA agents, and third-party administrators.

(a)(1) The annual administrative and regulatory fee for an insurance license is thirty-five dollars ($35.00) per year.

(2) All initial licenses and all renewal licenses for the above referenced individual licensees will be issued on a biennial basis, and the annual administrative and regulatory fee will be collected biennially.

(3) All licenses issued or renewed for a period of two (2) calendar years will expire on the last day of the licensee's birth month in the calendar year of expiration.

(4) All individual licensees shall pay the annual administrative and regulatory fee to renew their licenses biennially on or before the end of their birth month and on or before the end of their birth month thereafter.

(b)(1) For licenses issued to business entities licensed as producers and surplus lines producers and third-party administrators, the initial license and the renewal license will be issued for a period of one (1) year.

(2) The annual administrative and regulatory fee must be paid on or before October 1 of every year in order to renew a business entity producer license.

(3) The renewal date for surplus lines producer's license for business entities and third-party administrators is January 1 of every year.

(c) Type of license.

(1) The phrase "type of license" refers to the particular kind of license held by the licensee rather than the type or line of business the license authorizes the licensee to transact.

(2) Thus, a producer authorized to transact one (1) or more lines of insurance still has only one (1) license, and the applicable annual fee is thirty-five dollars ($35.00).

(3) If, however, the same licensee also holds a surplus lines producer's license (a total of two (2) licenses), the licensee would owe two (2) separate fees of thirty-five dollars ($35.00) each, for a total of seventy dollars ($70.00) per year to be paid biennially.

(d) Beginning January 1, 2020, all license fees in this section must be paid electronically.

(e)(1) Effective July 31, 2009, Acts 1993, No. 901, § 1, was repealed.

(2) Accordingly, insurers may pay the license fees set forth above and any statutory license fees.

History

• Codification Notes: "HMO" means health maintenance organization."FMAA" means farmers' mutual aid association. Authorities: Arkansas Code § 23-61-108; Arkansas Code § 23-61-703; Arkansas Code § 23-61-706; Arkansas Code § 23-61-708; Arkansas Code § 23-61-709; Arkansas Code § 23-91-206

23 CAR § 22-106 Insurance holding company transactions {#sec-23-car-22-106 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-106}

23 CAR § 22-106. Insurance holding company transactions.

(a) Fees below are per each holding company, not per each licensed insurer.

(b) All Category A fees:

(1) Filing and review of each Form A on Acquisitions/Change

in Control (DOMESTIC ONLY) $1,000

(2) Filing and review of each Request for Exemption from Filing of Registration Statements or Amendments (FORM B)

(FOREIGN & ALIEN COMPANIES) $100

(3) Filing/review of Holding Company Registration Statement

(Forms B and C) (all companies) $100

(4) Filing and review of Amendments to Holding Company

Registration Statements, including annual refiling

(Form B) (all companies) $50

(5) Filing Pre-Acquisition Notifications (Form E) or requests

for exemptions therefrom per

Arkansas Code §§ 23-63-525 – 23-63-530 $100

(6) Filing and Review of Registration Statements — Material

Transactions with Affiliates (Form D) (Domestics) $100

23 CAR § 22-107 Health maintenance organizations {#sec-23-car-22-107 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-107}

23 CAR § 22-107. Health maintenance organizations.

(a) Filing Pre-Acquisition Notification for Mergers/Charter Sales

and Bulk Reinsurance Agreements Category A Fee $100

(b) Filing and review of provider contracts, per HMO, per contract

Form Category B Fee $50

(c) Filing/Review of Enrollee's Certificate Category B Fee -$50

(See Arkansas Code § 23-76-127 for additional HMO fees.)

History

• Codification Notes: "HMO" means health maintenance organization. Authorities: Arkansas Code § 23-61-108; Arkansas Code § 23-61-703; Arkansas Code § 23-61-706; Arkansas Code § 23-61-708; Arkansas Code § 23-61-709; Arkansas Code § 23-91-206

23 CAR § 22-108 Rate service or advisory organizations {#sec-23-car-22-108 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-108}

23 CAR § 22-108. Rate service or advisory organizations.

All Category A fees:

(1) Department Expense for independent actuarial review of previously disapproved rate/rule filing set for hearing at the request of the advisory organization (excluding Workers' Compensation which is not subject to a monetary cap).

EXPENSE AS INCURRED BUT NOT TO EXCEED $1,500

(2) Filing and review of loss cost filings per Advisory Organization

(P, C, S, M) $250

(3) Filing and review of a policy/contract, endorsement or

certificate, per item (P, C, S, M) $100

*Maximum fee of $500

(4) Rule Filings — Filing Minor Rate Component Modifications $50

(5) Review/ issue renewal license $100

This is in addition to the renewal fee in Arkansas Code § 23-61-401.

23 CAR § 22-109 Risk retention groups {#sec-23-car-22-109 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-109}

23 CAR § 22-109. Risk retention groups.

(a) Initial Registration Fee Category A Fee $250

(b) Renewal Registration Fee (MARCH 1ST) Category A Fee $100

(c) Filing Annual Statement Category B Fee $50

(d) Filing and review of any information that changes any information

required in the application for a certificate of registration $100

(e) Filing/ review of name change or address change Category B Fee $ 25

23 CAR § 22-110 Purchasing groups {#sec-23-car-22-110 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-110}

23 CAR § 22-110. Purchasing groups.

(a) Initial Registration Fee Category A Fee $150

(b) Renewal Registration Fee (March 1ST) Category A Fee $100

23 CAR § 22-111 Automobile clubs or associations {#sec-23-car-22-111 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-111}

23 CAR § 22-111. Automobile clubs or associations.

(a) Filing Annual Financial Statement (APRIL 1ST) Category A Fee $100

(b) Form Filing, per club, per form Category B Fee $50

(c) Review of all documents necessary for and issuance of certificate

of authorization Category A Fee $250

23 CAR § 22-112 Third-party administrators {#sec-23-car-22-112 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-112}

23 CAR § 22-112. Third-party administrators.

(a) All new applicants for registration as a third-party administrator (TPA) and all previously registered TPAs shall pay the following filing and processing fee for issuance/renewal of each certificate of registration, in addition to:

(1) All other registration fees imposed by Arkansas Code § 23-92-201 et seq.;

(2) Other fees addressed in this part; or

(3) Fees imposed under other sections of Arkansas law.

(b) The fees imposed under this section and any others as required shall accompany the TPA application for the initial registration or renewal.

Category B Fee-------------------------------------------------$40

(Coupled with the $25 fee in Arkansas Code § 23-92-203 and the $35 administrative and regulatory fee in 23 CAR § 22-105 the total fee due is $100.)

23 CAR § 22-113 Service contract providers {#sec-23-car-22-113 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-113}

23 CAR § 22-113. Service contract providers.

Filing changes to the registration required in Arkansas Code § 4-114-104(c)(1)

Category B Fee--------------------------$50

23 CAR § 22-114 Continuing care facilities {#sec-23-car-22-114 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-114}

23 CAR § 22-114. Continuing care facilities.

(a) Filing Annual Disclosure Statement, each statement,

per each facility/provider and/or appointing

Commissioner as agent for service of process,

each provider Category A Fee $100

(b) Filing and review of initial registration application, for each

facility/provider Category A Fee $250

23 CAR § 22-115 Reinsurance intermediaries {#sec-23-car-22-115 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-115}

23 CAR § 22-115. Reinsurance intermediaries.

(a) Filing initial application for license as reinsurance intermediary-

manager $500

(b) Filing initial application as reinsurance intermediary-broker -$300

(c) Annual renewal fee for reinsurance intermediary-manager -$100

(d) Annual renewal fee for reinsurance intermediary-broker $75

(e) Designation of Commissioner as Agent for service of process

for non-resident manager or broker $75

23 CAR § 22-116 Course providers for agent prelicensing and continuing education — Annual registration and fees {#sec-23-car-22-116 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-116}

23 CAR § 22-116. Course providers for agent prelicensing and continuing education — Annual registration and fees.

(a) Annual registration. Pursuant to the State Insurance Department Trust Fund Act, Arkansas Code § 23-61-701 et seq., all approved course providers for agent prelicensing and continuing education shall register on September 1 annually with the State Insurance Department on forms prescribed by the Insurance Commissioner.

(b) Fees.

(1) Prelicensing education. Each original registration and/or annual renewal of a course provider for agent prelicensing education.

Category A Fee------------------------------------------------------$100

(2) Continuing education. Each original registration and/or annual renewal of a course provider for agent continuing education.

Category A Fee------------------------------------------------------$100

23 CAR § 22-117 Managing general agents/agencies {#sec-23-car-22-117 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-117}

23 CAR § 22-117. Managing general agents/agencies.

Filing application for initial licensure and annual renewal.

Category A Fee------------------------------------------ $500

23 CAR § 22-118 Notary bond surety corporations {#sec-23-car-22-118 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-118}

23 CAR § 22-118. Notary bond surety corporations.

Initial and/or annual renewal of registration as notary bond surety corporation.

Category B Fee----------------------------------------------------------$50

23 CAR § 22-119 Miscellaneous fees {#sec-23-car-22-119 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-119}

23 CAR § 22-119. Miscellaneous fees.

(a) Category A fees.

(1) Department compilations to survey, questionnaire,

report, and data compilation requests

(excluding government agencies) $250

(2) Filing and processing of security deposit releases $75

(b) Category B fees.

(1) Adding/deleting individual producers from

agency licenses----------------------------------------------------$10

(2) Filing substitute securities for security deposit

releases, various licensees---------------------------------------$50

(3) Service of process, two (2) copies of each legal

pleading or process, per insurer, other licensee,

or other entity doing business in Arkansas under

statutes requiring the Insurance Commissioner's

service duties, per transaction----------------------------------$25

(4) Moneys collected for checks issued to the State

Insurance Department that are returned to payor

for insufficient funds----------$20

(5) Security deposit confirmations, per confirmation--------------$10

(6) Certificate for securities on deposit--------------------------------$10

(7) Certification of documents-------------------------------------------$5

(Coupled with the five-dollar fee in

Arkansas Code § 23-61-401(14)(B)

the total fee due is ten dollars ($10.00).)

(8) Certificates of valuation-----------------------------------------------$10

(9) Letters of clearance/certification, per license

and per letter- --------------------------------------------------------$5

(10) Filing and review of name or address change for

business entities------------------------------------------------------$10

(11) Copy fee for all documents including Freedom

of Information Act of 1967, Arkansas Code § 25-19-101 et seq.,

requests (per copy)------------------------------------------------$0.25

23 CAR § 22-120 Information systems services {#sec-23-car-22-120 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-120}

23 CAR § 22-120. Information systems services.

(a) Licensed company listings with agent appointments.

Paper Disk/CD/E-Mail

(1) Life & Disability Cos. $240 $170

(2) Property & Casualty Cos. $240 $170

(3) Single Company $10 $5

(b) Licensed company listings without agent appointments.

Paper/Disk/CD/E-Mail

(1) All Companies $50

Foreigns $45

Domestics $5

(2) Life & Disability $25

Foreigns $20

Domestics $5

(3) Property & Casualty $25

Foreigns $25

Domestics $5

(4) Fraternal Benefit Societies $5

(5) Farmers Mutual Aid Assns. $5

(6) Title Insurers $5

(7) MET’s & MEWA’s $5

(8) Third Party Administrators $5

(9) Purchasing Groups $5

(10) Risk Retention Groups $5

(11) Surplus Lines Insurers $5

(12) Health Maintenance Orgs. $5

(13) Auto Clubs or Assns. $5

(14) Surety Insurers $5

(15) Notary Bond Surety Cos. $5

(16) Workers’ Comp. Cos. $5

(17) Employee Leasing Cos. $5

(18) Acc./Trust. Reinsurers $5

(19) Life Settlement Providers $5

(c) Licensed agent listings with company appointments.

Paper Disk/CD/E-mail

(1) Life & Disability Agents $240 $170

(2) Property & Casualty Agents $240 $170

(3) Single Agent $10 $5

(d) Licensed agent listings without company appointments.

Paper Disk/CD/E-mail

(1) All agents $50 $50

(2) Life & Disability Agents $30 $20

(3) Life Agents $15 $15

(4) Disability Agents $15 $15

(5) Multi-line Agents $30 $20

(6) Brokers $10 $10

(7) Consultants $5 $5

(8) RRG Agents $5 $5

(9) Purchasing Group Brokers $5 $5

(10) Adjusters $5 $5

(11) Surplus Lines Brokers $5 $5

(12) Managing General Agents $5 $5

(13) Reinsurance Intermediaries $5 $5

(14) Life Settlement Brokers $5 $5

(e) Licensed agency listings with company appointments.

Paper Disk/CD/E-Mail

All Agencies $240 $170

(f) Licensed agency listings without company appointments.

Paper Disk/CD/E-Mail

All Agencies $75 $50

(g)(1) If partial lists of licensees or licensees of a limited line or category are requested, the Insurance Commissioner may charge a reasonable fee less than the foregoing amounts.

(2) Large reports will only be done on CDs.

(3) Reports on labels will be four dollars ($4.00) extra per one thousand (1,000).

23 CAR § 22-121 Trust fund deposit required {#sec-23-car-22-121 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-121}

23 CAR § 22-121. Trust fund deposit required.

(a)(1) All fees imposed pursuant to this part shall be due and payable to the "STATE INSURANCE DEPARTMENT TRUST FUND".

(2) Fees paid pursuant to this part shall, whenever possible, be directed to the specific division of the State Insurance Department handling the filing or as otherwise directed by the department.

(b)(1) Except those fees required by 23 CAR § 22-105, all of the fees required by this part shall be payable by:

(A) Company, agent, or agency checks;

(B) Personal, certified, or cashier’s checks;

(C) Cash; or

(D) Money orders.

(2) As noted above, where both the current Arkansas Code and this part require a fee as to the same product, filing, or service, both may be combined in one (1) payment payable to "THE STATE INSURANCE DEPARTMENT TRUST FUND".

23 CAR § 22-122 Cumulative/nonrefundable fees {#sec-23-car-22-122 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-122}

23 CAR § 22-122. Cumulative/nonrefundable fees.

(a) All fees and penalties imposed under this part are cumulative and in addition to any other licensure, exam, appointment, or registration fee, tax, premium tax, assessment, fine, or penalty required by the provisions of any other Arkansas Code or rule section.

(b) To that extent, the provisions of this part are not designed to or intended to affect, interfere with, or otherwise supersede other fee or penalty collections and deposits pursuant to other Arkansas law or rule provisions.

23 CAR § 22-123 Scriveners’ errors {#sec-23-car-22-123 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-123}

23 CAR § 22-123. Scriveners’ errors.

(a) The Insurance Commissioner may, in his or her discretion, waive any fee set forth in this part for the filing of any document or thing, if he or she determines that such filing is, in fact, a refiling made solely to correct scriveners' or other errors.

(b) In such event, nonetheless, the commissioner may charge a reasonable processing fee, which shall not exceed fifty dollars ($50.00).

23 CAR § 22-124 Penalties {#sec-23-car-22-124 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-124}

23 CAR § 22-124. Penalties.

(a) General.

(1) Upon failure of the applicant, licensee, registrant, permittee, or other person to pay the fees required by this part or to pay them timely when due, absent an extension granted by the Insurance Commissioner, the commissioner may, after notice and a hearing and in his or her reasonable discretion:

(A) Deny the license, registration, permit, or certificate of authority requested (or renewal license, registration, permit, or certificate of authority requested) in his or her order; or

(B) Order suspension or revocation of the delinquent person's license, permit, registration, or certificate of authority.

(2) If the commissioner orders a suspension, it shall continue until all fees and penalties are remitted to "The State Insurance Department Trust Fund", up to a full twelve (12) months, at which time the commissioner may, in his or her discretion, order continuation of the suspension for an additional twelve (12) months, or may order revocation or cancellation of the license, registration, permit, or certificate of authority for violations of his or her order and this part.

(3) All such licensees, registrants, and permittees upon written request shall have the right to and shall be granted a hearing before the commissioner or his or her designee, pursuant to Arkansas Code § 23-61-303(b), unless voluntarily waived.

(b) Insurers. Absent the commissioner’s approval of a time extension for good cause shown on or before the due date, all licensed insurers failing timely to report and/or pay the fees when due may be subject to an automatic penalty of one hundred dollars ($100) a day for each day of delinquency, payable to "The State Insurance Department Trust Fund".

(c) Civil or administrative action.

(1) The commissioner, on behalf of the State Insurance Department Trust Fund, may:

(A) Pursue any civil cause of action for collection of the fees and penalties due under this part;

(B) Pursue any claims against a security deposit as the commissioner is entitled to make;

(C) Reject or refuse to accept or disapprove any companion filing or license request; or

(D) Pursue any combination of these remedies as appropriate.

(2) In the event the commissioner pursues a civil cause of action on behalf of the State Insurance Department Trust Fund, he or she shall be entitled to request and recover all costs of collection, including reasonable attorney fees and expenses, if and as incurred.

(d) Doctrine of election of remedies. The doctrine of election of remedies shall not be imposed against the commissioner, i.e., he or she is entitled to seek all appropriate administrative and judicial remedies in protection of the State Insurance Department Trust Fund and the public interest.

23 CAR § 22-125 Sunset clause on prelicensing electronic education fee {#sec-23-car-22-125 omnilex-key=us-ar-regs-official--title-23-part-22--23 CAR § 22-125}

23 CAR § 22-125. Sunset clause on prelicensing electronic education fee.

The provision in 23 CAR § 22-104(b)(3)(I) requiring the payment of a prelicensing electronic education fee of one dollar ($1.00) per hour shall expire on March 1, 2018, unless otherwise extended, amended, or rescinded before such date pursuant to rule or state law.