Releasing Information to Criminal Investigation Division

Arkansas Insurance Department OCGjjF Sarah Huckabee Sanders Governor Alan McClain Commissioner May 24, 2023 BULLETIN NO. 10-2023 TO: ALL INSURANCE CARRIERS DOING BUSINESS IN THIS STATE, ANY OTHER INTERESTED PARTIES FROM: ARKANSAS INSURANCE DEPARTMENT SUBJECT: RELEASING INFORMATION TO CRIMINAL INVESTIGATION DIVISION The Arkansas Insurance Department is issuing this Bulletin to assist insurance carriers concerning the release of documents to the Criminal Investigation Division. Ark. Code Ann. § 23-66-505(d)(1) provides that when requested by the "commissioner, or the commissioner's employees, examiners, investigators, agents, or representatives, a person engaged in the business of insurance shall provide to the commissioner all information the commissioner deems relevant pertaining to any investigation of a fraudulent act or related criminal violation." This information includes but is not limited to, witness statements, insured statements, and any statements under oath. Subsection (d)(2) further provides that "the refusal of a person to fully comply with the commissioner's request for information is grounds for the suspension, revocation, denial, or nonrenewal of any license or authority held by the person to engage in an insurance or other business subject to the commissioner's jurisdiction." Ark. Code Ann. § 23-66-508(c)(1)(A) further authorizes the Criminal Investigation Division to "issue subpoenas to examine any individual under oath and to compel the production of records, books, papers, contracts, and other documents." Pursuant to Ark. Code Ann. § 23-61-103(d)(1), any such records, recordings, transcripts, books, papers or other documents produced to the Criminal Investigation Division shall remain confidential and privileged while the investigation is active. At such time as the investigation is no longer active, if the company or other person wishes for the records, recordings, transcripts, books, papers or other documents to remain confidential and privileged, then the company or other person shall request in writing that such documents remain confidential and privileged after the investigation is no longer active. 1 Commerce Way, Suite 102, Little Rock, AR 72202 • (501) 371-2600 • (501) 371-2618 fax • www.insurance.arkansas.gov Information (800) 282-9134 • Consumer Services (800) 852-5494 • Seniors (800) 224-6330 • Criminal Inv. (866) 660-0888 For questions related to this bulletin, please contact Amanda Gibson, Managing Attorney, at (501) 371-2820. ISSUED this a (/ ) day of May, 2023. Alan McClain INSURANCE COMMISSIONER