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23-93-205. Violations.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-205. Violations.
(a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:
(1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;
(2) Failed to file an annual disclosure statement or standard form of contract as required by the Continuing Care Provider Regulation Act, § 23-93-101 et seq.;
(3) Delivered to a prospective resident a disclosure statement that makes an untrue statement or omits a material fact, and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;
(4) Failed to comply with the terms of a cease and desist order issued pursuant to § 23-93-104; or
(5) Has been determined by the department to be in a hazardous financial condition.
(b) Findings of fact in support of revocation shall be accompanied by an explicit statement of the underlying facts supporting the finding.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-205
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:23-93-205
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: fc4f994f8cdd6ad10f6ab2ca10ad7a837e964311f1f9627ecfe71cfd44e55d40
Source location: content.xml paragraph 56589
Stored source content
23-93-205. Violations.
(a) The license of a provider shall remain in effect until revoked after notice and hearing upon written finding of fact by the State Insurance Department that the provider has:
(1) Willfully violated any provision of this subchapter, or any rule promulgated under this subchapter;
(2) Failed to file an annual disclosure statement or standard form of contract as required by the Continuing Care Provider Regulation Act, § 23-93-101 et seq.;
(3) Delivered to a prospective resident a disclosure statement that makes an untrue statement or omits a material fact, and the provider, at the time of the delivery of the disclosure statement, had actual knowledge of the misstatement or omission;
(4) Failed to comply with the terms of a cease and desist order issued pursuant to § 23-93-104; or
(5) Has been determined by the department to be in a hazardous financial condition.
(b) Findings of fact in support of revocation shall be accompanied by an explicit statement of the underlying facts supporting the finding.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-101. Title.
This subchapter shall be known and may be cited as the “Continuing Care Provider Regulation Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-101
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 23-93-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-104. Violations.
(a) Whenever it appears to the Insurance Commissioner that any person has engaged in, or is about to engage in, any act or practice constituting a violation of any provision of this subchapter or any rule or order under this subchapter, the commissioner may:
(1) Issue an order directed at that person requiring that person to cease and desist from engaging in the act or practice;
(2) Bring an action in any court which has appropriate jurisdiction to enjoin the acts or practices and to enforce compliance with this subchapter or any of its rules or orders;
(3) Issue an order directed at that person to cease and desist from engaging in the act or practice and bring an action in any court which has appropriate jurisdiction to enjoin the acts or practices and to enforce compliance with this subchapter or any of its rules and orders; or
(4) Issue an order assessing a monetary penalty of not more than one thousand dollars ($1,000) for each violation against that person.
(b) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-104
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 23-93-104. This identifies an authority to review, not proof of applicability.