23 CAR § 203-102. Definitions

As used in this part: (1) "Commissioner" means the Insurance Commissioner for the State of Arkansas; (2)(A) "Employer" means any business organization or enterprise that is required by statute to maintain workers’ compensation insurance in this state. (B) “Employer” shall include any business organizations or enterprises that are affiliated as a result of common management or common ownership; (3) "Plan" means the Arkansas Workers' Compensation Insurance Plan; (4) "Plan administrator" means such organization or organizations to which the responsibility for administering the affairs of the plan may be delegated, including, but not limited to, such functions and duties as rates, rules, forms, and statistics; (5)(A) "Producer" means a licensed casualty insurance agent or broker, as defined in the Arkansas Insurance Code, whose privileges under the plan have not been suspended or revoked. (B) Provided, however, that such producer shall, for purposes of the plan, be considered to be acting on behalf of the insured or employer applying under the plan and not as an agent of the plan administrator or of any servicing carrier for plan business; (6) “Servicing carrier” means the insurer authorized to receive plan assignments and provide coverage to eligible employers; (7)(A)(i) "Voluntary offer of coverage" means a legitimate, good faith offer of workers' compensation insurance made by a workers' compensation insurer to an employer on a voluntary basis outside this plan, which said offer is either of such workers’ compensation insurance: (a) On a monoline basis and on a reasonable rating plan approved for use in Arkansas by the Insurance Commissioner for that insurer; or (b) In combination or coordination with other property and/or casualty coverages and limits desired by the employer and as such insurer may also offer. (ii) Provided, however, that such insurer shall apply its filed rating plan, including all applicable discounts or credits, to such employer in a good faith, nondiscriminatory manner. (B) "Voluntary offer of coverage" shall in no event be interpreted as including or referring to an offer, entreaty, or opportunity presented for coverage under any type of self-insured workers' compensation plan. (C) Neither the plan administrator or administrators nor the servicing carrier or carriers shall have a responsibility to determine whether the putative voluntary offer of coverage is truly voluntary, but any agent or broker and any insurer knowingly submitting an offer of workers’ compensation coverage to an employer that does not meet the above definition of a bona fide "voluntary offer" may be in violation of Arkansas Code § 23-66-205; and (8) "Workers' compensation insurance" means: (A) Statutory workers' compensation and occupational disease liability insurance including insurance for liability under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. § 901 et seq., as amended, and the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq., as amended; (B) Employers’ liability insurance written in connection with a workers' compensation policy; and (C) Such other coverages as approved by the commissioner.