1. (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.

2. (b)

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

      1. (A)

3. (i) Insurers and similar entities.

   1. (ii) All licensed domestic, foreign, and alien insurance companies, including, but not limited to:
4. (a) (a) Stock and mutual insurers;

5. (b) (b) Title insurance companies;

   1. (c) (c) Mutual assessment life and disability insurers;

      1. (d) (d) Reciprocal insurers;
6. (e) (e) Approved but not admitted surplus line insurers;
7. (f) (f) Health maintenance organizations (HMOs);
8. (g) (g) Fraternal benefit societies;

9. (h) (h) Hospital and medical service corporations;

   1. (i) (i) Stipulated premium insurers;
10. (j) (j) Farmers mutual aid associations (FMAAs);

11. (k) (k) Prepaid legal insurers;

    1. (l) (l) Advisory/rate service organizations;

       1. (m) (m) Property and casualty JUAs; and

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

    1. (B)

       1. (i) Auto clubs.

          1. (ii) All licensed automobile clubs or associations;

       2. (C)

          1. (i) Agents and brokers.
          2. (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;

       3. (D)

          1. (i) Third-party administrators (TPAs).
          2. (ii) All registered TPAs;

       4. (E)

          1. (i) Education course providers.
          2. (ii) All current approved course providers for agent prelicensure and continuing education;

       5. (F)

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

       6. (G)

          1. (i) Adjusters.
          2. (ii) All licensed resident and nonresident adjusters and limited adjusters;

       7. (H)

          1. (i) Surplus lines.
          2. (ii) All licensed resident surplus line brokers and all licensed surplus line brokers for purchasing groups only;
       8. (I) Continuing care facilities;
       9. (J) Notary bond surety corporations;
       10. (K) Managing general agents/agencies;
       11. (L) Reinsurance intermediaries and accredited/trusted reinsurers;
       12. (M) Professional employer organizations and employer service assurance organizations; and

       13. (N)

           1. (i) Others.
           2. (ii) As mentioned elsewhere in this part or others as applicable.

    2. (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".

       1. (c)
    3. (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.
    4. (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.

    5. (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.

       1. (d)

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

       1. (A) Certificate of authority, license, permit, or registration is suspended or revoked;
       2. (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

       3. (C) Licensee, permittee, or registrant:

          1. (i) Is under domiciliary department supervision of this or another state, or court-ordered conservation, rehabilitation, liquidation; or
          2. (ii) Has filed for bankruptcy under Chapter 11 of Title 11, United States Code.
    7. (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.
    8. (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.
    9. (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.
    10. (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.

13. (e)

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

       1. (A) Made with the State Insurance Department for informational purposes only; and
       2. (B) Otherwise exempt from filing or not expressly required to be filed by statute, rule, or order.
    2. (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.

Codification Notes: "JUA" means joint underwriting association.