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23-66-507. Confidentiality.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-507. Confidentiality.
(a) Notwithstanding any other provision of law, the documents and evidence provided pursuant to §§ 23-66-505 and 23-66-508 or obtained by the Insurance Commissioner in an investigation of suspected or actual fraudulent insurance acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action until the matter under investigation is closed by the Criminal Investigation Division with the consent of the commissioner.
(b) Subsection (a) of this section does not prohibit release by the commissioner of documents and evidence obtained by the division in an investigation of suspected or actual fraudulent insurance acts:
(1) In administrative or judicial proceedings to enforce laws administered by the commissioner;
(2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent insurance acts, or to the National Association of Insurance Commissioners; or
(3) At the discretion of the commissioner, to a person in the business of insurance that is aggrieved by a fraudulent insurance act.
(c) Release of documents and evidence under subsection (b) of this section does not abrogate or modify the privilege granted in subsection (a) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-507
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:23-66-507
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d7ab1956d8efd1d0ff5c8bb6dd45d7c7c21eb970a82ed6234aa6936a1517f19d
Source location: content.xml paragraph 38394
Stored source content
23-66-507. Confidentiality.
(a) Notwithstanding any other provision of law, the documents and evidence provided pursuant to §§ 23-66-505 and 23-66-508 or obtained by the Insurance Commissioner in an investigation of suspected or actual fraudulent insurance acts shall be privileged and confidential and shall not be a public record and shall not be subject to discovery or subpoena in a civil or criminal action until the matter under investigation is closed by the Criminal Investigation Division with the consent of the commissioner.
(b) Subsection (a) of this section does not prohibit release by the commissioner of documents and evidence obtained by the division in an investigation of suspected or actual fraudulent insurance acts:
(1) In administrative or judicial proceedings to enforce laws administered by the commissioner;
(2) To federal, state, or local law enforcement or regulatory agencies, to an organization established for the purpose of detecting and preventing fraudulent insurance acts, or to the National Association of Insurance Commissioners; or
(3) At the discretion of the commissioner, to a person in the business of insurance that is aggrieved by a fraudulent insurance act.
(c) Release of documents and evidence under subsection (b) of this section does not abrogate or modify the privilege granted in subsection (a) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-505. Mandatory reporting of fraudulent insurance acts.
(a) A person engaged in the business of insurance having knowledge or a reasonable belief that a fraudulent insurance act is being, will be, or has been committed shall provide to the Insurance Commissioner the information required by, and in a manner prescribed by, the commissioner.
(b) Any person engaged in the business of insurance who knowingly fails to report as required by subsection (a) of this section shall be guilty of a Class A misdemeanor.
(c) Any other person having knowledge or a reasonable belief that a fraudulent insurance act is being, will be, or has been committed may provide to the commissioner the information required by, and in a manner prescribed by, the commissioner.
(d)(1) Upon the request of the commissioner or the commissioner's employees, examiners, investigators, agents, or representatives, a person engaged in the business of insurance shall provide to the commissioner all information the commissioner deems relevant pertaining to any investigation of a fraudulent act or related criminal violation.
(2) The refusal of a person to fully comply with the commissioner's request for information is grounds for the suspension, revocation, denial, or nonrenewal of any license or authority held by the person to engage in an insurance or other business subject to the commissioner's jurisdiction.
(3) A proceeding for the suspension, revocation, denial, or nonrenewal of any license or authority shall be conducted pursuant to §§ 23-63-213 and 23-64-512.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-505
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-66-505. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-66-508. Creation and purpose of Criminal Investigation Division.
(a)(1) The Criminal Investigation Division is established within the State Insurance Department and is designated a law enforcement agency.
(2)(A) The Insurance Commissioner shall appoint the full-time supervisory and investigative personnel of the division, who shall be qualified by training and experience to perform the duties of their positions.
(B) A person designated and employed as an investigator for the division shall:
(i) Be a certified law enforcement officer under § 12-9-101 et seq.; and
(ii) Have statewide law enforcement jurisdiction and authority.
(3)(A) The commissioner shall designate the personnel assigned to the division who shall conduct investigations under § 23-66-504 and any criminal violations related to those investigations.
(B) Personnel hired as law enforcement officers shall be state-certified in law enforcement or have equivalent national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training.
(4) The commissioner shall also appoint clerical and other staff necessary for the division to carry out its duties and responsibilities under this subchapter.
(b) It shall be the duty of the division to:
(1) Initiate independent inquiries and conduct independent investigations when the division has cause to believe that a fraudulent insurance act may be, is being, or has been committed;
(2) Review reports or complaints of alleged fraudulent insurance activities from federal, state, and local law enforcement and regulatory agencies, persons engaged in the business of insurance, and the public to determine whether the reports require further investigation and to conduct these investigations; and
(3)
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-66-508
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 23-66-508. This identifies an authority to review, not proof of applicability.