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23-93-114. Investigations and examinations.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-114. Investigations and examinations.
(a) The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner:
(1) For the public health, safety, and welfare of a resident or potential resident of a facility;
(2) In response to a written complaint filed by a resident or prospective resident;
(3) If it appears from the filings required by this subchapter that the solvency of the facility is in question; or
(4) To determine whether any provision of this subchapter or any rule or order has been violated.
(b) The commissioner may conduct any investigation in person or direct any department employee to act on the commissioner's behalf. For any on-site investigation, the expenses incurred, including compensation of any department examiner, shall be paid by the facility being investigated. For the purposes of this section, the provisions of § 23-61-206 shall apply.
(c) The commissioner may conduct a financial examination. The commissioner may utilize department examiners or he or she may retain independent certified public accountants to conduct the examination. Each facility being examined shall pay the department the expenses incurred pursuant to § 23-61-206. The cost of any retained accountants shall not be in excess of the amount that could be charged for department examiners.
(d) When the services of an actuary are deemed necessary in any investigation or examination, the commissioner may retain an independent actuary with those expenses being paid by the facility.
(e) The commissioner or any officer designated by the commissioner may adminster oaths and affirmations, issue subpoenas, hear testimony, and take evidence in reference to any investigation or examination conducted pursuant to this s
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-114
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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Record provenance
Stable record: arkansas_code:legal_authorities:23-93-114
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: dee32385806626f574ce29281e4d5a307cb12b714bb9b96fa11cc86d534496d9
Source location: content.xml paragraph 56520
Stored source content
23-93-114. Investigations and examinations.
(a) The State Insurance Department may conduct any investigation or examination deemed necessary by the Insurance Commissioner:
(1) For the public health, safety, and welfare of a resident or potential resident of a facility;
(2) In response to a written complaint filed by a resident or prospective resident;
(3) If it appears from the filings required by this subchapter that the solvency of the facility is in question; or
(4) To determine whether any provision of this subchapter or any rule or order has been violated.
(b) The commissioner may conduct any investigation in person or direct any department employee to act on the commissioner's behalf. For any on-site investigation, the expenses incurred, including compensation of any department examiner, shall be paid by the facility being investigated. For the purposes of this section, the provisions of § 23-61-206 shall apply.
(c) The commissioner may conduct a financial examination. The commissioner may utilize department examiners or he or she may retain independent certified public accountants to conduct the examination. Each facility being examined shall pay the department the expenses incurred pursuant to § 23-61-206. The cost of any retained accountants shall not be in excess of the amount that could be charged for department examiners.
(d) When the services of an actuary are deemed necessary in any investigation or examination, the commissioner may retain an independent actuary with those expenses being paid by the facility.
(e) The commissioner or any officer designated by the commissioner may adminster oaths and affirmations, issue subpoenas, hear testimony, and take evidence in reference to any investigation or examination conducted pursuant to this subchapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-61-206. Examination expense.
(a)(1) Each person examined shall pay to the State Insurance Department the actual travel expenses, reasonable living expense allowance, and compensation for examiners and other persons assisting in the examination according to the examination guidance section in the most current edition of the examiners handbook adopted by the National Association of Insurance Commissioners.
(2) Except as provided in subdivision (a)(1) of this section, the cost of independent professionals used as examiners to assist in an examination under subsection (b) of this section is paid directly by the person examined.
(b)(1) Payments for travel expenses and living expense allowance received by the department for each examination shall be deposited as cash funds.
(2) Reimbursement shall be made from these funds to examiners and others assisting in the examination.
(3) Per diem charges of examiners and others assisting in the examination shall be computed beginning at the time of reporting for duty at the office of the company to be examined and terminating upon completion of the examination or the examiner's active participation therein and to include actual days for travel as certified by the Insurance Commissioner. If air travel is used, only one (1) day's travel time will be authorized. If an automobile is used, travel time allowed shall be computed at the rate of not less than four hundred (400) miles per day as determined by the Rand McNally Road Map, with the actual mileage traveled compensated at the most current rate per mile approved for state employees.
(4) Examiners and others assisting in the examination shall not be reimbursed for travel time or travel expenses not actually incurred in connection with an assignment, nor shall they be rei
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-61-206
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 23-61-206. This identifies an authority to review, not proof of applicability.