(a)

1. (1) If the respondent chooses to request the items listed in Arkansas Code § 25-15-208(a)(3), then, upon such a request, the State Insurance Department shall provide the information to the respondent no later than ten (10) days from the date of the scheduled hearing.
2. (2) The department and the respondent may, however, mutually agree as to a different timing for submission of the items under Arkansas Code § 25-15-208(a)(3).
3. (3) In the absence of statutory language explicitly referencing the time periods to be calculated upon working days, the information shall be supplied, upon request, on the basis of calendar days.

(b) Access to State Insurance Department files.

1. (1)

   1. (A) Upon request and after issuance of a Notice of Public Hearing (NOPH), a respondent may access or copy the file and records constituting the basis of the adjudicative proceeding against the respondent as detailed in the NOPH under the same time periods required by a state agency to respond to a Freedom of Information Act of 1967, Arkansas Code § 25-19-101 et seq., request.
   2. (B) However, the department and the respondent may mutually agree to an extended time period.
2. (2) The information provided, however, shall not disclose any information related to other department files under active and open investigation or examination under Arkansas Code § 23-61-107 or § 23-61-207, nor to any other records exempt from disclosure under the Freedom of Information Act of 1967.
3. (3) A decision by the department denying the records either in full or in part due to the above Freedom of Information Act of 1967 exemptions shall detail in writing the nature of exemption relied upon.
4. (4) The respondent may challenge any such denials by petitioning the appointed hearing officer for the information under a protective order, or other appropriate limitations, assuming it is legally feasible to disclose such information in a limited fashion, if the respondent shows an imperative need for such information that is critical to its defense to an NOPH.

(c) Prehearing discovery.

1. (1) The provisions of Arkansas Code §§ 23-61-301 and 23-61-302 shall apply to a respondent’s prehearing discovery rights under an adjudicative proceeding.
2. (2) The Insurance Commissioner's issuance of subpoenas for witnesses or the production of documents from persons, business organizations, or other entities under this part shall be ministerial in nature.

3. (3) A party's request for a subpoena shall not be denied unless the requested subpoena:

   1. (A) Seeks information or testimony from persons or organizations that is substantially irrelevant, or not substantially probative, of any issue raised in the NOPH; or
   2. (B) Reasonably appears to be intended to harass or overly burden the person or organization with excessive information requests that are substantially not relevant to the proceeding at issue.

4. (4) There is not a form required for use for a request for a commissioner’s subpoena other than the request must be a request that:

   1. (A) Details and identifies the individuals needed to testify in an administrative proceeding; or
   2. (B) Sufficiently describes the documents to be produced.
5. (5) Requests for a subpoena from the commissioner shall be made to the investigator assigned to review the complaint.
6. (6) Depositions of witnesses are permitted with an appropriately described subpoena detailing the date, time, and location of the deposition for such person's testimony, with any described production of documents.
7. (7) The department and the respondent may, however, mutually agree as to the date, time, and location of the deposition.
8. (8) Although the department is not required to abide by other prehearing discovery provisions or actions as permitted under the Arkansas Rules of Civil Procedure, the parties to an adjudicative proceeding may, however, mutually agree to other forms of prehearing discovery if it is permitted by the appointed hearing officer.