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23-67-306. Employers entitled to insurance.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-67-306. Employers entitled to insurance.
(a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:
(1) The employer pays his or her premium based upon the premium payment rules approved by the Insurance Commissioner;
(2) The employer has complied with all effective laws, orders, or rules, made by public authorities relating to the welfare, health, and safety of employees;
(3) The employer is not in default of premium payments owed for workers' compensation insurance. Provided, however, that no employer shall be deemed to be in default of a premium payment if all of the sum by which he or she is alleged to be in default is properly attributable to a good faith, bona fide dispute between the insurer and the employer over the accuracy or legality of an audit of payroll performed by or at the request of the insurer, and which dispute is in formal process of resolution as provided in § 23-67-219(3). All such disputes shall be resolved in the manner set forth in § 23-67-219(3)(B).
(b) In order to promote competition and improve servicing carrier performance, an employer applying for coverage or on renewal in the Arkansas Workers' Compensation Insurance Plan may strike six (6) servicing carriers, not to exceed a maximum of one-half (½) of the eligible servicing carriers, from the list of eligible servicing carriers to which the employer can be assigned.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-306
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:23-67-306
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 196a972a1a23e774fb38d40b3605c9e90a4badda558046fe1a0298ecdd29640a
Source location: content.xml paragraph 39146
Stored source content
23-67-306. Employers entitled to insurance.
(a) Any employer required to secure the payment of compensation under the provisions of § 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:
(1) The employer pays his or her premium based upon the premium payment rules approved by the Insurance Commissioner;
(2) The employer has complied with all effective laws, orders, or rules, made by public authorities relating to the welfare, health, and safety of employees;
(3) The employer is not in default of premium payments owed for workers' compensation insurance. Provided, however, that no employer shall be deemed to be in default of a premium payment if all of the sum by which he or she is alleged to be in default is properly attributable to a good faith, bona fide dispute between the insurer and the employer over the accuracy or legality of an audit of payroll performed by or at the request of the insurer, and which dispute is in formal process of resolution as provided in § 23-67-219(3). All such disputes shall be resolved in the manner set forth in § 23-67-219(3)(B).
(b) In order to promote competition and improve servicing carrier performance, an employer applying for coverage or on renewal in the Arkansas Workers' Compensation Insurance Plan may strike six (6) servicing carriers, not to exceed a maximum of one-half (½) of the eligible servicing carriers, from the list of eligible servicing carriers to which the employer can be assigned.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-9-404. Security for compensation.
(a) Every employer shall secure the payment of compensation under this chapter:
(1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write workers' compensation insurance;
(2)(A) By furnishing satisfactory proof to the Workers' Compensation Commission of the employer's financial ability to pay compensation and receiving an authorization from the commission to pay compensation directly.
(B) The commission, as a condition to such authorization, may require the employer, except municipalities, counties, or the State of Arkansas or its political subdivisions, to deposit in a depository designated by the commission either an indemnity bond, irrevocable letter of credit, or securities of any kind and in an amount determined by the commission, subject to such reasonable conditions as the commission may prescribe. The conditions shall include authorization to the commission, in case of default, to sell any securities sufficient to pay compensation awards or to bring suit on the bonds or the letter of credit to procure prompt payment of compensation under this chapter.
(C) Any employer securing compensation in accordance with the provisions of this subdivision (a)(2) shall be known as a self-insurer and shall be classed as a carrier of its own insurance.
(D) A self-insurer may have the privilege of securing those portions of the payment of compensation under this chapter as the self-insurer shall elect by insuring the portions with a company approved by the commission. The liability of the company shall be limited to those features and liabilities of this chapter as are expressly stated, and none other;
(3)(A) The commission, under such rules as it may prescribe, may permit two (2) o
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-9-404
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 11-9-404. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-67-219. Workers' compensation and employers' liability insurance.
With regard to workers' compensation and employers' liability insurance incidental thereto and written in connection therewith, the following provisions shall apply:
(1)(A) Every insurer shall file with the Insurance Commissioner every manual of classifications, rules and rates, every rating plan, and every modification of any of the foregoing which it proposes to use for workers' compensation and employers' liability insurance.
(B) Every insurer shall file with the commissioner every manual, minimum, class rate, rating schedule or rating plan, every other rating rule, and every modification of any of the foregoing which it proposes to use for workers' compensation and employers' liability insurance.
(C)(i) Every filing must be submitted for approval to the commissioner at least thirty (30) days prior to the proposed effective date.
(ii) Upon written request of the filer, the commissioner may authorize an earlier effective date.
(iii) If the commissioner does not have sufficient information to determine whether the filing meets the requirements of this section, the commissioner shall require the filer to furnish the information upon which it supports the filing. In this event, the proposed effective date shall not be less than thirty (30) days after the date the information is furnished.
(iv) As soon as submitted, each filing shall be open to public inspection, except information which is a trade secret or of a proprietary nature, or both. Notwithstanding the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq., information which is a trade secret or of a proprietary nature, or both, shall not be open to public inspection.
(v) The commissioner may require that the ra
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-67-219
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 23-67-219. This identifies an authority to review, not proof of applicability.