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23-93-207. Application.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-207. Application.
The application for a license shall contain the following documents and information:
(1)(A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising under this subchapter against the provider or his or her agents.
(B) On and after January 1, 2003, all licensed life care providers shall file with the Insurance Commissioner a designation of an Arkansas resident as an agent for service of legal process, and the commissioner shall maintain a listing in conformity with § 23-63-301 et seq.;
(2) The states or other jurisdictions, including the federal government, in which an application for certification or similar documents for the subject facility have been or will be filed and any order, judgment, or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof;
(3) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in the provider and a description of that person's interest in or occupation with the provider;
(4)(A) Copies of:
(i) The articles of incorporation, with all amendments thereto, if the provider is a corporation;
(ii) All instruments by which the trust is created or declared, if the provider is a trust; and
(iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form.
(B) In the event the provider is not the legal title holder to the prope
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-207
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:23-93-207
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: effd1f7e9dd2f492a5236dc0ac0f0b08535415621fb7b708a6d74f6f7ca8366c
Source location: content.xml paragraph 56615
Stored source content
23-93-207. Application.
The application for a license shall contain the following documents and information:
(1)(A) An appointment of an Arkansas resident to serve as the registered agent for the provider shall be filed with the State Insurance Department. Thereafter, the registered agent shall be authorized to receive service of any lawful process in any proceeding arising under this subchapter against the provider or his or her agents.
(B) On and after January 1, 2003, all licensed life care providers shall file with the Insurance Commissioner a designation of an Arkansas resident as an agent for service of legal process, and the commissioner shall maintain a listing in conformity with § 23-63-301 et seq.;
(2) The states or other jurisdictions, including the federal government, in which an application for certification or similar documents for the subject facility have been or will be filed and any order, judgment, or decree entered in connection therewith by the regulatory authorities in each of the jurisdictions or by any court or administrative body thereof;
(3) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in the provider and a description of that person's interest in or occupation with the provider;
(4)(A) Copies of:
(i) The articles of incorporation, with all amendments thereto, if the provider is a corporation;
(ii) All instruments by which the trust is created or declared, if the provider is a trust; and
(iii) The articles of partnership or association and all other organization papers, if the provider is organized under another form.
(B) In the event the provider is not the legal title holder to the property upon which the facility is or is to be constructed, the documents listed in subdivision (4)(A) of this section shall be submitted for both the provider and the legal title holder;
(5)(A) A legal description by metes and bounds or other acceptable means of the lands to be certified and the relationship of such lands to existing streets, roads, and other improvements, together with a map showing the proposed or actual facility and the dimensions of the living units as available, except for living units that are completed and available for inspection.
(B) The map shall be drawn to scale, signed, and sealed by a professional engineer as defined in § 17-30-101 or a professional surveyor as defined in § 17-48-101;
(6) Copies of the deed or other instrument establishing title of the provider and a title search, title report, or title certificate, or a binder or policy issued by a licensed title insurance company;
(7) A statement concerning any litigation, orders, judgments, or decrees which might affect the offering;
(8) A statement that the life care agreements will be offered to the public and entered into without regard to marital status, sex, race, creed, or national origin or, if not, any legally permissible restrictions on purchase that will apply;
(9) A statement of the present conditions of physical access to the facility and the existence of any material adverse conditions that affect the facility that are known, should be known, or are readily ascertainable;
(10) Copies of all contracts and agreements which the resident may be required to execute;
(11) In the event there is or will be a blanket encumbrance affecting the facility or a portion thereof, a copy of the document creating it and a statement of the consequences upon a resident of a failure of the person bound to fulfill the obligations under which the instrument and the manner in which the interest of the resident is to be protected in the event of such an eventuality;
(12) One (1) copy of the proposed disclosure statement required under § 23-93-106;
(13) A current financial statement of the provider and any related predecessor, parent, or subsidiary company, including, but not limited to, a current profit and loss statement and balance sheet audited by an independent public accountant;
(14) A statement concerning any adjudication of bankruptcy during the last five (5) years against the provider, its predecessor, parent, or subsidiary company, and any principal owning more than ten percent (10%) of the interests in the facility at the time of the filing of the application for certification. This requirement shall not extend to limited partners or those whose interests are solely those of investors;
(15) Copies of all easements and restrictions, whether of record or not;
(16) A statement as to the status of compliance with all the requirements of all laws, ordinances, and regulations of governmental agencies having jurisdiction over the construction, permitting, and licensing of the facility, together with copies of all necessary federal, state, county, and municipal approvals;
(17) A statement that neither the provider nor any of its officers or principals have ever been convicted of a crime in this state or a foreign jurisdiction and that the provider has never been subject to any permanent injunction or final administrative order restraining a false or misleading promotional plan involving continuing care facility disposition or, if so, copies of all pleadings and orders in regard thereto;
(18) A projected annual budget for the facility for the next five (5) years or such lesser time as the department allows;
(19) Copies of market studies, if any, prepared on behalf of the provider concerning the feasibility of the project;
(20) An affidavit signed by the provider that the contents of the application are true and accurate and made in good faith; and
(21) Such other additional information as the department may require in individual cases after review of an application for certification to assure full and fair disclosure.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-30-101. Definitions.
As used in this chapter:
(1) “Consulting engineer” means a professional engineer whose principal occupation is the independent practice of engineering, whose livelihood is obtained by offering engineering services to the public, who serves clients as an independent fiduciary, who is devoid of public, commercial, and product affiliation that might tend to infer a conflict of interest, and who is aware of his or her public and legal responsibilities and is capable of discharging them;
(2) “Engineer-intern” means a person who under this chapter has:
(A) Qualified for an examination authorized by the State Board of Licensure for Professional Engineers and Professional Surveyors in fundamental engineering subjects; and
(B) Passed the examination;
(3)(A) “Firm” means a form of business entity that offers professional engineering services of its licensed personnel to the public.
(B) “Firm” does not include an individual licensee operating under his or her name;
(4)(A) “Practice of engineering” means a service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge in the mathematical, physical, and engineering sciences to services or creative work such as consultation, investigation, evaluation, planning, and design of engineering works and systems relating to the use of air, land, water, municipal and regional planning, forensic services, engineering teaching of advanced engineering subjects or related courses, engineering surveys, and the inspection of construction to assure compliance with drawings and specifications that are related to public or private service or work, concerning any utilities, structures, buildings, machines, equipment, proc
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-30-101
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 17-30-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-48-101. Definitions.
As used in this chapter:
(1)(A) “Firm” means a form of business entity that offers professional surveying services of its licensed personnel to the public.
(B) “Firm” does not include an individual licensee operating under his or her name;
(2)(A) “Land surveying” means a service comprising the:
(i) Determination of the location of land boundaries and land boundary corners; and
(ii) Preparation of:
(a) Plats showing the shape and areas of tracts of land and their subdivision into smaller tracts;
(b) Plats showing the location of streets, roads, and rights-of-way of tracts to give access to smaller tracts; and
(c) Official plats or maps of land thereof in this state.
(B) “Land surveying” does not include the measure of acreage of timber, cotton, rice, or other agricultural crops.
(C) A person practices or offers to practice land surveying if the person:
(i) Engages in land surveying for others; or
(ii) By verbal claim, sign, letterhead, card, telephone listing, or in any other way represents himself or herself:
(a) To be a professional surveyor; or
(b) As able to perform land surveying in this state;
(3) “Metadata” means a description of the content, ancestry and source, quantity, database schema, and accuracy of digital map data;
(4) “Professional surveyor” means a person who by reason of special knowledge of mathematics, surveying principles and methods, and legal requirements that are acquired by educational or practical experience is qualified to engage in the practice of land surveying and surveying measurement certification;
(5) “Responsible charge” means direct control of, supervision of, and legal responsibility for the surveying work performed; and
(6) “Surveying measurement certification” means providi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-48-101
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 17-48-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-63-301. Registered office and registered agent for foreign or alien insurer and domestic reciprocal insurers.
Each foreign insurer applying for a certificate of authority to transact business in Arkansas and every domestic reciprocal insurer must designate and continuously maintain in the state:
(1) A registered office that may be the same as any of its places of business; and
(2) A registered agent, who may be:
(A) An individual who resides in this state and whose business office is identical with the registered office;
(B) A state bank, domestic corporation, or not-for-profit corporation whose business office is identical with the registered office; or
(C) A foreign corporation or foreign not-for-profit corporation authorized to transact business in this state whose business office is identical with the registered office.
(3)(A) On and after January 1, 2002, all foreign and alien insurers and all domestic reciprocal insurers holding a subsisting certificate of authority upon August 13, 2001, shall be subject to the provisions of this subchapter, and no later than January 1, 2003, shall file with the Insurance Commissioner the information required in this subchapter to designate an Arkansas-registered agent.
(B) In the event no registered agent has yet been selected and appointed on the commissioner's list for any foreign or alien insurer or domestic reciprocal insurer licensed by the commissioner, service may be processed through the commissioner as agent or by other methods of service provided under Arkansas law to be effective until a new registered agent has been appointed on the records of the commissioner.
(4) In this subchapter licensed foreign insurers shall be deemed to include licensed alien insurers.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-63-301
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 23-63-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-93-106. Disclosure statement — Contents.
(a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an initial disclosure statement to the State Insurance Department. This statement shall contain all of the following information:
(1) The name and business address of the provider and a statement as to whether the provider is a partnership, corporation, or other type of legal entity;
(2) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in or of the provider, and a description of that person's interest in or occupation with the provider;
(3) A statement as to whether the provider or any of its officers, directors, trustees, partners, managers, or affiliates, within ten (10) years prior to the date of application:
(A) Was convicted of a felony, a crime that if committed in Arkansas would be a felony, or any crime having to do with the provision of continuing care or providing of licensed nursing home care;
(B) Has been held liable or enjoined in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;
(C) Had a prior discharge in bankruptcy or was found insolvent in any court action; or
(D) Had any state or federal licenses or permits suspended or revoked or had any state, federal, or industry self-regulatory agency commence an action against him or her and the result of the action;
(4) A statement as to:
(A) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization;
(B) The nature of the affiliation, if an
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-93-106
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 23-93-106. This identifies an authority to review, not proof of applicability.