SECTION
1. PURPOSE.
The purpose of this Rule and Regulation is to implement and
clarify the pertinent fee provisions of Act 652 of 1993, "The State insurance
Department Trust Fund Act" [codified at Ark. Code Ann. §§
23-61-701 et
seq.]; Act 901 of 1993, the Department's "Omnibus Act"; Act 787 of 1993, the
"Life Care Providers Act" [codified at Ark. Code Ann. §§
23-93-201
et seq.] and others. This Rule 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 Arkansas Insurance Department ("Department") products and
services, all of which are payable to "The State Insurance Department Trust
Fund" ("Trust Fund").
It is also to emphasize that fees charged under current laws are
not affected, diminished or altered by the provisions of this Rule. 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 Rule and Regulation, this Rule is to
provide for the payment of all of such fees in a coordinated, consistent
manner.
SECTION 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 UA'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,
viatica! settlement agents and brokers, consultants, risk retention group
agents and purchasing group brokers, HMO agents, 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 and Life Care Providers;
(J) Notary Bond Surety
Corporations;
(K) Managing General
Agents/Agencies;
(L) Reinsurance
Intermediaries and Accredited/Trusteed Reinsurers;
(M) Employee Leasing Firms or Groups;
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 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.
SECTION
3. EFFECTIVE DATE.
The provisions of this Rule shall become effective August 1,
1998, upon statutory filing per Arkansas law.
SECTION 4. DERIVATION AND CLASSES OF FEES.
(a) Ark. Code Ann. §§
23-61-701 et
seq. provides the Department's authority to generate revenue to support its
operations by the imposition of fees; it also divides certain of those fees
into two categories, i.e. Category A and Category B. Fees in Category A are
those involving material or substantive corporate transactions or those which
consume substantial time of Department staff; those fees are capped at a
maximum of $1,500 per transaction. Category B fees, on the other hand, are
those involving other Departmental filings, transactions or services which do
not require a substantial effort by Department staff; those fees are capped at
a maximum of $50 per transaction.
(b) Caution: §§
23-61-701 et
seq. and other acts/statutes referenced above, authorize the imposition of
other fees set forth in the Rule and Regulation and which are not subject to
the respective Category A and Category B "caps".
SECTION 5. INSURERS (See Section 2(b)(1)(A).
SUBSECTION I.
CATEGORY "A" FEES (Maximum $1500)
(Per Covered Entity, filing, or transaction)
DEPARTMENT SERVICE OR PRODUCT
|
FEE AMOUNTS
|
(a)
|
Authorized or Licensed Insurers.
|
(1) 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------------
|
$1500
|
(2) Filing and review of each Bulk or
Assumption Reinsurance
Agreement-------------------------------
|
$ 500
|
(3) Fifing and review of all documents necessary for
issuance of Certificate of Incorporation for Domestic
Insurers-----------
(Coupled with the $100 fee in Ark. Code Ann. §
23-61-401(1)(A)
the total fee due is $600.)
|
$ 500
|
(4) Reviewing all documents necessary for issuance of
Original Certificate of Authority for all Companies-----------
(Coupled with the $500 fee in Ark. Code Ann. §
23-61-401(1)(C)
the total fee due is $1000.)
|
$ 500
|
(5) Filing notice of appointment of Managing
General
Agent/Agency or Notice of Termination of Managing
General
Agent/Agency------------------------------------------------------------
|
$ 500
|
(6) Review/processing of information necessary to amend
an Arkansas Certificate of Authority------------------------------
(Coupled with the $100 fee in Ark. Code Ann. §
23-61-401(3)(C)
the total fee due is $500.)
|
$ 400
|
(7)(A) 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 Ark. Code Ann. §§
23-62-104
through
23-62-108.)
|
(B) 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
|
(8) Issuance of an Original Certificate of Incorporation
for Domestic
Insurers-------------------------------------------------------------------
|
$ 150
|
(Coupled with the $50 fee in Ark. Code Ann. §
23-61-401(1)(B)
the total fee due is $200.)
|
(9) Issuance of Original Certificate of Authority for all
Companies-----------
(Coupled with the $150 fee in Ark. Code Ann. §
23-61-401(1)(D)
the total fee due is $300.)
|
$ 150
|
(10) Review and processing of amended Articles of
Incorporation, each filing, each
insurer-------------------------------------
(Coupled with the $25 fee in Ark. Code Ann. §
23-61-401(3)(A)
the total fee due is $100.)
|
$ 75
|
(b)
|
Approved Non-Admitted Surplus Line Insurer.
Annual continuation of foreign surplus line
company
registration (DUE MARCH
1ST)----------------------------------------------------------
|
$ 500
|
(c)
|
Accreidited/Trusteed Reinsurer
Initial registration and annua! renewal for Accredited or
Trusteed
Status----------------------------------------------------------------------------
|
$ 500
|
SUBSECTION II.
CATEGORY "B" - MAXIMUM $50
(Per Covered Entity, Filing or Transaction)
ADMINISTRATIVE AND REGULATORY FEES
|
FEE AMOUNTS
|
(a)
|
Compliance.
|
(1) Filing or review of policy/contract, endorsements or
certificates, riders, applications, or annuity forms, per
submission-----------------
|
$ 50
|
*Note that a Service purchaser of an Advisory
Organization must file the purchased Form for review.
|
(2) Filing/review of each Life and/or Disability rate
filing or loss ratio guarantee filing, per
insurer------------------------------
|
$ 50
|
(3) Filing to adopt a reference or item filing of
Advisory Organization, per item (excluding loss cost reference
filing)-----
|
$ 25
|
(4) Filing each set of new/amended or restated By-laws,
per insurer, per
filing--------------------------------------------------------
|
$ 25
|
(5) Life and/or Disability: Filing/review of insurer's
advertisements, per advertisement, per each insurer--------------
|
$ 25
|
(6) 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---------------------------------------------------------------------
|
$ 20
|
(7) Policy and contract forms, all lines, filing
corrections in previously filed policy and contract
forms-----------------------------
|
$ 20
|
(8) Filing of each insurer address change, not involving
an amendment to a Certificate of Authority or Articles of Incorporation, per
filing, per insurer-------------------------------------
|
$ 10
|
(9) 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
|
(10) Each filing of an individual Department Form 1-71 as
to cancellations/nonrenewals of agent appointments, each appointment, each
insurer-----------------------------------------
|
$ 10
|
(11) Each filing of a Consent to Rate Form, per insurer,
per policy/contract (P, C, S,
M)-------------------------------------------
|
$ 10
|
(12) Preparation and execution of Certificates of
Compliance for
insurers----------------------------------------------------
|
$ 15
|
(Coupled with the $5 fee in Ark. Code Ann. §
23-61-401(14)(B)
the total fee due is $20.)
|
(13) Filing biographical affidavits on insurer officers
and directors per Rule and Regulation 7 (DOMESTIC INSURERS
ONLY)----------------------------------------
|
$ 10
|
(14) 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
|
(b)
|
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 Insurance Code or other applicable laws or rules, the
following additional fees are hereby assessed insurers.
|
All AGENTS AND AGENCIES must note that even though statutorily,
appointment fees are payable by insurers and even though Ark. Code Ann. §
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.
(1)
Initial appointment of non-resident insurance agent by insurer-$ 30
(2) Initial appointment of non-resident
agency, including one (1) qualifying individual, by
insurer-----------------------------------$ 30
(3) Annual fee for insurer's continuing
appointment of non-resident insurance agent, by
insurer--------------------------------$ 30
(4) Annual fee for insurer's continuing
appointment of non-resident agency, including one (1) qualifying individual, by
insurer------------------------------------------------------------------------$
30
(5) Initial appointment of
resident agent, individuals only, by
insurer-------------------------------------------------------------------------$
10
(6) Initial appointment of each
resident agency, including one (1) qualifying
individual-------------------------------------------------$ 10
(7) Annual continuation of insurer's
appointment of individual resident agent, each
insurer------------------------------------------------$ 10
(8) Annual continuation of
insurer's
appointment of each resident agency, including one (1) qualifying
individual-------------$ 10
CERTAIN PAYMENTS PROHIBITED. Ark. Code Ann. §
23-61-708(d)
prohibits agents from being compelled to pay insurer appointment fees for agent
licensing, or being compelled to reimburse insurers for such appointment fees.
The Commissioner in his discretion may discipline any insurer attempting to
compel or compelling any agent to pay such appointment fees directly or
indirectly.
SECTION
6. AGENTS, AGENCIES, BROKERS, VIATICAL 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 AGENTS, PREPAID LEGAL INSURANCE AGENTS,
FRATERNAL BENEFIT SOCIETY AGENTS, FMAA AGENTS.
(a)
(1)
APPLICANTS FOR NEW, FIRST TIME LICENSE:---------------$35 FEE. Each new
applicant (individual or agency) for any first time resident or non-resident
license of each and every kind as listed in the heading of this Section shall
pay a nonrefundable THIRTY-FIVE DOLLAR ($35) administrative and regulatory fee
for each and every original license or type of license as referenced in Ark.
Code Ann. §
23-61-706(b)
(excluding third party administrators).
(2) ANNUAL RENEWAL FEES: CURRENT LICENSEES
AND FIRST TIME RENEWALS.
(A) For the fiscal
year beginning July 1, 1998, ail individuals holding any one or more valid and
subsisting resident or nonresident AGENT licenses, shall pay the annual
regulatory renewal fee on or before their birthday, and annually on their
birthday thereafter.
(B) For the
fiscal year beginning July 1, 1998, all entities holding any one or more valid
and subsisting resident or nonresident AGENCY licenses, shall pay the annual
regulatory renewal fee on or before October 1 and annually on the same day
thereafter.
(3) TYPE OF
LICENSE: 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. Thus, an agent authorized to transact one
or more lines of insurance still has only one license, and the applicable fee
is $35. If however, the same licensee also hold a broker's license and a
surplus line broker's license (a total of 3 licenses), the licensee would owe
three (3) separate fees of $35 each, for a total of $105.
(4) INSURER CHECKS PROHIBITED. Section 1 of
Act 901 of 1993 prohibits insurers from paying the $35 annual fee per license
of agents and others described in Subsection (a) of this Section. Each agent or
other licensee will have to submit his own separate check or money order, or
pay cash for payment of these license fees. Fees may be paid by licensing
bureaus which, in turn, must charge this cost back to the agent/licensee. The
Department will reject or refund any insurer checks. [This does not prohibit
insurer payment of agent examination fees.]
(b) Agents.
(1) Filing application for each examination,
per applicant, shall be as determined by the Commissioner or Vendor of the
Commissioner.
(2) Licensing:
Letters of Clearance or Letters of Certification, per each license, per each
letter---------------------------------------------$ 5
(c) Agents, Agencies, Brokers, Viatica!
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 Agents, Prepaid Legal Insurance
Agents, Fraternal Benefit Society Agents, FMAA Agents, and any other applicant,
or licensee, registrant or permittee with records in the Department:
Review, processing, and retrieval for copying, certifying, or
other distribution upon written request for information regarding individual
agents (residents nonresident), per each agent/agency, (exempting governmental
agencies, insurance buying public, or others upon Commissioner's
discretion)----------$ 10
(d) Agencies.
(1) Filing and review of change of name or
business address---------$ 10
(2)
Adding/deleting individual agents from agency licenses------------$
10
SECTION 7.
INSURANCE HOLDING COMPANY TRANSACTIONS.
(Fees below are per each holding company, not per each licensed
insurer.)
(a) Filing and review of
each Form A on Acquisitions/Change in Control (DOMESTIC
ONLY)------------------------------------------------------$1000
(b) Filing and review of each Request for
Exemption from Filing of Registration Statements or Amendments (FORM B)
(FOREIGN & ALIEN
COMPANIES)---------------------------------------------------------$ 500
(c) Filing/review of Holding
Company Registration Statement
(Forms B and C) (all
companies)--------------------------------------------------------------$
250
(d) Filing and review of
Amendments to Holding Company Registration Statements (Form B)(DOMESTIC,
FOREIGN & ALIEN
COMPANIES)-------------------------------------------------------------------------$
50
(e) Filing Pre-Acquisition
Notifications (Form E) or requests for exemptions therefrom per Ark. Code Ann.
§§
23-63-525
- 530----------------------$ 100
(f) Filing and Review of Registration
Statements - Material Transactions with Affiliates (Form D)
(Domestics)----------------------------------------$ 250
SECTION 8. HEALTH MAINTENANCE ORGANIZATIONS.
(a) Filing Pre-Acquisition Notification for
Mergers/Charter Sales and Bulk Reinsurance
Agreements-----------------------------------------------------------$
100
(b) Filing Amendments to
Certificates of Authority, per each filing, per each
HMO-----------------------------------------------------------------------------$
150
(c) Filing and review of
provider contracts, per HMO, per contract
form----------------------------------------------------------------------------------------------------$
50
(d) Filing/Review of Enrollee's
Certificate--------------------------------------------------------$ 50 (See
Ark. Code Ann. §
23-76-127 for
additional HMO fees.)
SECTION
9. RATE SERVICE OR ADVISORY ORGANIZATIONS.
(a) 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-----------------$1500
(b) Filing and review of loss cost filings
per Advisory Organization (P, C, S,
M)-----------------------------------------------------------------------------------------$
250
(c) Filing and review of a
policy/contract, endorsement or certificate, per item (P, C, S,
M)---------------------------------------------------------------$
100
(d) Rule Filings - Filing Minor
Rate Component Modifications-----------------------------$ 50
SECTION 10. RISK RETENTION GROUPS.
(a) Initial Registration
Fee---------------------------------------------------------------------------$
250
(b) Renewal Registration Fee
(MARCH 1ST)--------------------------------------------------$ 100
(c) Filing Annual
Statement-------------------------------------------------------------------------$
50
SECTION 11. PURCHASING
GROUPS.
(a) Initial Registration
Fee---------------------------------------------------------------------------$
150
(b) Renewal Registration Fee
(MARCH 1ST)--------------------------------------------------$ 100
SECTION 12. AUTOMOBILE CLUBS OR
ASSOCIATIONS.
(a) Filing Annual Financial
Statement (APRIL
1st)--------------------------------------------$
100
(b) Form Filing, per club,
perform-----------------------------------------------------------------$
50
SECTION 13. THIRD
PARTY ADMINISTRATORS.
All new applicants for registration as a third party
administrator ("TPA"), and all previously registered TPA'S shall pay the
following filing and processing fee for issuance/renewal of each certificate of
registration, in addition to ail other registration fees imposed by §§
23-92-201,
etseq., other fees addressed in this Rule, or fees imposed under other sections
of Arkansas law. The fees imposed under this Section and any others as required
shall accompany the TPA application for the initial registration, or renewal of
registration due no later than December 15
annually.---------------------------------------------------------------$
75
(Coupled with the $25 fee in Ark. Code Ann. §
23-92-203
the total fee due is $100.)
SECTION
14. EMPLOYEE LEASING FIRMS.
(a)
Initial or annual renewal of licensure of Employee Leasing Firms or Groups,
each firm or group*------------------------------------------------------$
500
(b) Initial or annual renewal
of licensure of Employee Leasing Firms or Groups without substantial presence
in this State--------------------------$ 50
* Either resident or nonresident firms or groups with
"substantial presence" in this State as defined in Department
Rule and Regulation 58.
SECTION
15. CONTINUING CARE FACILITIES AND LIFE CARE PROVIDERS.
(a) Filing Annual Disclosure Statement, each
statement, per each facility/provider and/or appointing Commissioner as agent
for service of process, each
provider---------------------------------------------------$ 100
(b) Filing and review of initial registration
application, for each
facility/provider--------------------------------------------------------------------------$
250
SECTION 16.
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
SECTION 17. COURSE PROVIDERS FOR AGENT
PRE-LICENSING
AND CONTINUING EDUCATION: ANNUAL REGISTRATION AND FEES.
(a) Annual Registration. Pursuant to Ark.
Code Ann. §§
23-61-701 et
seq., ail approved course providers for agent pre-licensing and continuing
education shall register on September 1st annually with the Department on forms
prescribed by the Insurance Commissioner
(b) Fees.
(1) Pre-Licensing Education.
Each original registration and/or annual renewal of a course
provider for agent pre-licensing education---------------------$ 100
(2) Continuing Education.
Each original registration and/or annual renewal of a course
provider for agent continuing education------------------------$ 100
SECTION 18.
MANAGING GENERAL AGENTS/AGENCIES.
(a) Filing
application for initial
licensure------------------------------------------------$1500
(b) Filing application for annual renewal of
licensure-------------------------------$ 500
SECTION 19. NOTARY BOND SURETY CORPORATIONS.
Initial and/or annual renewal of registration as Notary Bond
Surety
Corporation----------------------------------------------------------------------------------------$
50
SECTION 20. MISCELLANEOUS
FEES.
(a) Department Compilations to Survey,
Questionnaire, Report and Data Compilation Requests (excluding government
agencies)-------------$ 250
(b)
Filing & processing of Security Deposit releases, various Licensees-----$
75
(c) Filing substitute securities
for Security Deposit releases, various
Licensees-------------------------------------------------------------------$
50
(d) Initial and annual
registration on Department mailing list for receipt of bulletins, rules and
regulations (excluding all licensees, registrants, permittees, and government
agencies)--------------$ 35
(e)
Service of Process, 2 copies of each legal pleading or process, per insurer,
other licensee, or other entity doing business in Arkansas under statutes
requiring Commissioner's service duties, per
transaction-----------------------------------------------------------------$
25
(f) Monies collected for checks
issued to the Department which are returned to payor for insufficient
funds--------------------------------------------$ 20
(g) Security deposit confirmations, per
confirmation-------------------------------$ 10
(h) Hard copy printout of one Microfiche
page---------------------------------------$ 1
SECTION 21. INFORMATION SYSTEMS SERVICES.
ELECTRONIC, HARD COPY OR MAGNETIC; FEES NOT TO EXCEED AMOUNTS
BELOW:
(a)
|
Licensed Company Listings
|
Foreign
|
Domestic
|
1.
|
All Companies--------------------------$1500
|
$1,400
|
--------$ 100
|
2.
|
Property & Casualty Companies-$ 750
|
$ 650
|
---------$ 100
|
3.
|
Life and Disability Companies------$ 750
|
$ 650
|
--------$ 100
|
4.
|
Fraternal Benefit Societies---------$ 50
|
5.
|
Farmers Mutual Aid Assns---------$ 50
|
6.
|
Title Insurers----------------------------$ 50
|
7.
|
MET's & MEWA's----------------------$ 250
|
8.
|
Third Party Administrators-----------$ 150
|
9.
|
Purchasing Groups--------------------$ 250
|
10.
|
Risk Retention Groups---------------$ 50
|
11.
|
Surplus Lines Insurers---------------$ 250
|
12.
|
Health Maintenance Orgs-----------
|
$ 25
|
13.
|
Auto Clubs or Assns------------------
|
$ 50
|
14.
|
Surety Insurers-------------------------
|
$ 25
|
15.
|
Notary Bond Surety Cos------------
|
$ 10
|
16.
|
Workers' Comp. Cos-----------------
|
$ 25
|
17.
|
Employee Leasing Cos--------------
|
$ 10
|
18.
|
Ace/Trust Reinsurers----------------
|
$ 25
|
(b)
|
Licensed Agents Listings
|
Resident/
|
Non-resident
|
1.
|
All Agents-------------------------------
|
$1500
|
--------$1,000-
|
-------$ 500
|
2.
|
Life Agents-----------------------------
|
$ 750
|
---------$ 500
|
--------$ 250
|
3.
|
Disability Agents----------------------
|
$ 750
|
---------$ 500-
|
--------$ 250
|
4.
|
L & D Agents--------------------------
|
$ 750
|
--------$ 500
|
-------$ 250
|
5
|
Multiline Agents-----------------------
|
$ 750
|
---------$ 500
|
--------$ 250
|
6
|
Brokers----------------------------------
|
$ 250
|
---------$ 50
|
--------$ 200
|
7
|
Consultants----------------------------
|
$ 250
|
8.
|
RRG Agents---------------------------
|
$ 50
|
9.
|
Purchasing Group Brokers---------
|
$ 50
|
10.
|
Adjusters--------------------------------
|
$ 250
|
11.
|
Surplus Line Brokers----------------
|
$ 50
|
12.
|
Managing General Agents/Agencies
|
$ 50
|
13.
|
Reinsurance Intermediaries-------
|
$ 25
|
(c)
|
Agency Listings w/Appointments w/o Appts.
All Agencies-----------------------------
|
$ 1500-------------------
|
$ 500
|
(d)
|
Continuing Education Listings w/courses w/o courses
|
Approved Providers-------------------
|
$ 500--------------------
|
$ 350
|
If partial lists of licensees or licensees of a limited line or
category are requested, the Commissioner may charge a reasonable fee less than
the foregoing amounts.
SECTION
22. TRUST FUND DEPOSIT REQUIRED.
All fees imposed pursuant to this Rule and Regulation SHALL BE
DUE AND PAYABLE TO THE "STATE INSURANCE DEPARTMENT TRUST FUND". Fees paid
pursuant to this Rule shall whenever possible, be directed to the specific
Division of the Department handling the filing, or as otherwise directed by the
Department.
All of the fees required by this Rule shall be payable by
COMPANY, AGENT OR AGENCY CHECKS, PERSONAL, CERTIFIED OR CASHIER'S CHECKS, CASH
OR MONEY ORDERS. As noted above, where both current Code and this Rule require
a fee as to the same product, filing or service, both may be combined in one
payment payable to "THE STATE INSURANCE DEPARTMENT TRUST FUND".
SECTION 23.
CUMULATIVE/NONREFUNDABLE FEES
All fees and penalties imposed under this Rule 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. To that extend, the
provisions of this Rule 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.
SECTION 24. SCRIVENERS' ERRORS.
The Commissioner may, in his discretion, waive any fee set forth
in this Rule and Regulation for the filing of any document or thing, if he
determines that such filing is, in fact, a re-filing made solely to correct
scriveners' or other errors. In such event, nonetheless, the Commissioner may
charge a reasonable "processing fee" which shall not exceed $50.
SECTION 25. PENALTIES.
(a) GENERAL. Upon failure of the applicant,
licensee, registrant, permittee, or other person to pay the fees required by
this Rule and Regulation or to pay them timely when due, absent an extension
granted by the Commissioner, the Commissioner may after notice and a hearing
and in his reasonable discretion, deny the license, registration or permit or
Certificate of Authority requested (or renewal license, registration, permit or
Certificate of Authority requested) in his order, or may order suspension or
revocation of the delinquent person's license, permit, registration or
Certificate of Authority. 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 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 Order and this Rule and Regulation. 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 designee, pursuant to Ark. Code Ann. §
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. The
Commissioner on behalf of "The State Insurance Department Trust Fund" may
pursue any civil cause of action for collection of the fees and penalties due
under this Rule, or may pursue any claims against a security deposit as the
Commissioner is entitled to make, or may reject or refuse to accept or
disapprove any companion filing or license request, or may pursue any
combination of these remedies as appropriate, in the event the Commissioner
pursues a civil cause of action on behalf of "The State Insurance Department
Trust Fund", he 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 is entitled to seek all appropriate administrative
and judicial remedies in protection of "The State Insurance Department Trust
Fund" and the public interest.
SECTION
26. SEVERABILITY.
If any provision of this Rule or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other
provisions or applications of this Rule which can be given effect without the
invalid provisions or application, and to this end, the provisions of this Rule
are declared to be severable.