§ 23-96-118 - Duties and powers of the commissioner. - Arkansas Statutes

23-96-118. Duties and powers of the commissioner.

In addition to the duties and powers enumerated elsewhere in this chapter,

A. The commissioner shall:

(1) Upon request of the Association's board of directors, provide the Association with a statement of the premiums in this and any other appropriate states for each member insurer;

(2) (a) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time.

(b) Notice to the impaired insurer shall constitute notice to its shareholders, if any.

(c) The failure of the insurer to promptly comply with such demand shall not excuse the Association from the performance of its powers and duties under this chapter;

(3) In any liquidation or rehabilitation proceeding involving a domestic insurer, be appointed as the liquidator or rehabilitator.

B. (1) The commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation.

(2) As an alternative, the commissioner may levy a forfeiture on any member insurer which fails to pay an assessment when due. Such forfeiture shall not exceed five percent (5%) of the unpaid assessment per month, but no forfeiture shall be less than one hundred dollars ($100) per month.

C. A final action of the board of directors or the Association may be appealed to the commissioner by any member insurer if such appeal is taken within sixty (60) days of its receipt of notice of the final action being appealed. If a member company is appealing an assessment, the amount assessed shall be paid to the Association and available to meet Association obligations during the pendency of an appeal. If the appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member insurer. Any final action or order of the commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that apply to actions or orders of the commissioner.

D. If the Association fails to act within a reasonable period of time as provided in 23-96-112(A), 23-96-113, and 23-96-120, the commissioner shall have the powers and duties of the Association under this chapter with respect to impaired or insolvent insurers.