2010 Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Subtitle 3 - Insurance
Chapter 67 - Rates and Rating Organizations
Subchapter 3 - Arkansas Workers' Compensation Insurance Plan
§ 23-67-306 - Employers entitled to insurance.

23-67-306. Employers entitled to insurance.

(a) Any employer required to secure the payment of compensation under the provisions of 11-9-404(a)(1) or any similar federal law shall be entitled to insurance under the provisions of this subchapter, provided:

(1) The employer pays his or her premium based upon the premium payment rules approved by the Insurance Commissioner;

(2) The employer has complied with all effective laws, orders, rules, or regulations made by public authorities relating to the welfare, health, and safety of employees;

(3) The employer is not in default of premium payments owed for workers' compensation insurance; provided, however, that no employer shall be deemed to be in default of a premium payment if all of the sum by which he or she is alleged to be in default is properly attributable to a good faith, bona fide dispute between the insurer and the employer over the accuracy or legality of an audit of payroll performed by or at the request of the insurer, and which dispute is in formal process of resolution as provided in 23-67-219(3). All such disputes shall be resolved in the manner set forth in 23-67-219(3)(B).

(b) In order to promote competition and improve servicing carrier performance, an employer applying for coverage or on renewal in the Arkansas Workers' Compensation Insurance Plan may strike six (6) servicing carriers, not to exceed a maximum of one-half (1/2) of the eligible servicing carriers, from the list of eligible servicing carriers to which the employer can be assigned.

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