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23-92-411. Deceptive practices.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-92-411. Deceptive practices.
(a) No professional employer organization shall:
(1) Evade or attempt to evade the provisions of this subchapter by purporting to be the sole employer of the covered employees;
(2) Present a proposal to enter into a professional employer agreement with a prospective client unless the following notice is printed in not less than 12-point bold type on the first page of the proposal:
“This proposal is intended to provide information about the general terms and conditions under which the above named firm will enter into an agreement to provide professional employer services. Information contained in this proposal does not constitute advice on legal, tax, or insurance matters. For advice on these matters, you should consult with the appropriate licensed professional.”;
(3) Enter into a professional employer agreement without a written provision signed by the client stating that the client is responsible for ensuring with the assistance of a licensed insurance producer that any subcontractor of the client has workers' compensation coverage as required by law;
(4) Transact insurance, as defined under § 23-60-102, except through a licensed resident or nonresident insurance producer;
(5) Use the name or title “licensed employee leasing company”, “employee leasing company”, “employee leasing company group”, “professional employer”, “professional employer organization”, “PEO”, “controlling person”, or words that would tend to lead one to believe that the person or entity is licensed under this subchapter when the person or entity has not been licensed under this subchapter;
(6) Attempt to use a license that has lapsed or has been suspended or revoked;
(7) Fail to maintain workers' compensation insurance as required by this subchapte
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-92-411
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:23-92-411
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 02ea3e2a50d72933905fa2940470efb4ae1c5ac23c06b8cbe6fdc036fd841e06
Source location: content.xml paragraph 55999
Stored source content
23-92-411. Deceptive practices.
(a) No professional employer organization shall:
(1) Evade or attempt to evade the provisions of this subchapter by purporting to be the sole employer of the covered employees;
(2) Present a proposal to enter into a professional employer agreement with a prospective client unless the following notice is printed in not less than 12-point bold type on the first page of the proposal:
“This proposal is intended to provide information about the general terms and conditions under which the above named firm will enter into an agreement to provide professional employer services. Information contained in this proposal does not constitute advice on legal, tax, or insurance matters. For advice on these matters, you should consult with the appropriate licensed professional.”;
(3) Enter into a professional employer agreement without a written provision signed by the client stating that the client is responsible for ensuring with the assistance of a licensed insurance producer that any subcontractor of the client has workers' compensation coverage as required by law;
(4) Transact insurance, as defined under § 23-60-102, except through a licensed resident or nonresident insurance producer;
(5) Use the name or title “licensed employee leasing company”, “employee leasing company”, “employee leasing company group”, “professional employer”, “professional employer organization”, “PEO”, “controlling person”, or words that would tend to lead one to believe that the person or entity is licensed under this subchapter when the person or entity has not been licensed under this subchapter;
(6) Attempt to use a license that has lapsed or has been suspended or revoked;
(7) Fail to maintain workers' compensation insurance as required by this subchapter;
(8) Conduct business without an active license;
(9) Transfer or attempt to transfer a license issued under this subchapter;
(10) Violate or fail to conform to any provision of this subchapter or any lawful order or rule issued under this subchapter;
(11) Fail to notify the Insurance Commissioner in writing of any change of the primary business address or the addresses of any of the licensee's offices in the state;
(12) Have an adverse material final action taken by any state or federal regulatory agency for violations within the scope or control of the licensee;
(13) Fail to inform the commissioner in writing within thirty (30) days after any adverse material final action by a state or federal regulatory agency;
(14) Fail to meet or maintain the requirements for licensure as a professional employer organization; or
(15) Attempt to obtain or renew a license to provide professional employment services by bribery, misrepresentation, or fraud.
(b) The commissioner may prescribe by regulation additional acts or omissions that shall be deemed to constitute deceptive practices under this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-60-102. Definitions.
As used in the Arkansas Insurance Code, unless the context otherwise requires:
(1)(A)(i) “Insurance” is any agreement, contract, or other transaction whereby one party, the “insurer”, is obligated to confer benefit of pecuniary value upon another party, the “insured” or “beneficiary”, dependent upon the happening of a fortuitous event in which the insured or beneficiary has, or is expected to have at the time of such a happening, a material interest that will be adversely affected by the happening of such an event.
(ii) A “fortuitous event” means any occurrence or failure to occur that is, or is assumed by the parties to be, to a substantial extent beyond the control of either party.
(B) “Insurance” shall, for purposes of subtitle 3 of this title, be deemed to include “annuities”, which are agreements by insurers to make periodic payments that continue during the survival of the measuring life or lives under the agreements or for a specified period.
(C) “Reinsurance” is a contract under which an originating insurer, called the “ceding” insurer, procures insurance for itself in another insurer, called the “assuming” insurer or reinsurer, with respect to part or all of an insurance risk of the originating insurer.
(D)(i) “Insurance” shall not include a debt cancellation agreement.
(ii) “Debt cancellation agreement” is a loan term or contractual arrangement modifying a loan term dealing with motor vehicles under which a lender agrees to cancel all or part of a borrower's obligation to repay an extension of credit from the lender upon the occurrence of a specified event other than the death or disability of the borrower. The agreement may be separate from or a part of other loan documents.
(2) “Insurer” includes every person engaged as
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-60-102
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 23-60-102. This identifies an authority to review, not proof of applicability.