Ark. Code Ann. » Title 23 Chapter 61
Arkansas Code Annotated

Ark. Code Ann. § 23-61-307 (2026)

Hearing — Appeal

✓ current as of May 2026
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  1. An appeal from the Insurance Commissioner shall be taken only from an order on hearing or with respect to a matter as to which the commissioner has refused or failed to grant or hold a hearing after demand therefor under § 23-61-303 or as to a matter as to which the commissioner has refused or failed to make his or her order on hearing as required by § 23-61-306.
  2. Any person who was a party to the hearing, or whose pecuniary interests are directly and immediately affected by the refusal or failure to grant a hearing, and who is aggrieved by the order, refusal, or failure may appeal from the order on hearing or as to any such matter within thirty (30) days after:
    1. The order on hearing has been mailed or delivered to the persons entitled to receive it;
    2. The commissioner's order denying rehearing or reargument has been so mailed or delivered;
    3. The commissioner has refused or failed to make his or her order on hearing as required under § 23-61-306; or
    4. The commissioner has refused or failed to grant or hold a hearing as required under § 23-61-303.
  3. The appeal shall be granted as a matter of right and shall be taken to the Pulaski County Circuit Court by filing written notice of appeal in the court and by filing a copy of the notice with the commissioner, except that, in appeals from the refusal, suspension, or revocation of the license of an agent, broker, solicitor, or surplus line broker, the person taking the appeal may at his or her option take the appeal to the circuit court of the county in which the person resides instead of to the Pulaski County Circuit Court.
  4. Upon filing of the notice of appeal therein, the court shall have full jurisdiction and shall determine whether the filing shall operate as a stay of the order or action appealed from and shall have the right at any time thereafter to issue such other temporary or preliminary orders as to it may seem proper until a final decree is rendered.
  5. Within thirty (30) days after filing of the copy of notice of appeal in his or her office, or within such further time as the court may allow, the commissioner shall make, certify, and deposit in the office of the clerk of the court in which the appeal is pending a full and complete transcript of all proceedings had before the commissioner and all evidence before him or her in the matter, including all his or her files therein.
  6. Upon receipt of the transcript, evidence, and files, the court, as soon as reasonably possible thereafter, shall review the action of the commissioner appealed from.
    1. Any appeal shall be upon the basis of the record so presented.
    2. In any review the findings of the commissioner as to the facts, if supported by substantial evidence, shall be conclusive.
    3. If any party shall apply to the court for leave to adduce additional evidence and shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence in the proceedings before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be adduced upon the hearing in such manner and upon such terms and conditions as the court may deem proper.
    4. The commissioner may modify his or her findings of fact or make new findings by reason of the additional evidence taken pursuant to subdivision (g)(3) of this section. The commissioner shall file the modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his or her recommendation, if any, for the modification or setting aside of his or her original order with the return of the additional evidence.
  8. After hearing the appeal the court may affirm, modify, or reverse the order or action of the commissioner in whole or in part, or may remand the action to the commissioner for further proceedings in accordance with the court's direction.
  9. Costs shall be awarded as in civil actions.
    1. Appeal may be taken to the Supreme Court or the Court of Appeals from the judgment of the circuit court as in other civil cases.
    2. The circuit court judgment appealed from shall not be subject to supersedeas, and a stay of the effectiveness of any judgment may be made only by order of the Supreme Court or the Court of Appeals upon the giving of such security as the court deems proper.

History. Acts 1959, No. 148, § 42; 1979, No. 942, § 6; A.S.A. 1947, § 66-2127; Acts 1987, No. 456, § 3; 1995, No. 1272, § 5.

Case Notes

Final Orders.

Fact that life insurer instituted appeal for failure of Insurance Commissioner to enter an order within statutory period after hearing on insurer's financial impairment did not preclude commissioner from entering a final order or render that order void. First Heritage Life Assurance Co. v. State ex rel. Horne, 250 Ark. 746, 467 S.W.2d 383 (1971).

Scope of Review.

The circuit court had power to modify certificate required by the commissioner to be executed by the principal officers of each insurer in connection with the commissioner's examination of such insurers, without impairing the commissioner's power to make regulations or prescribe certificates within the limits permitted by law. Arkansas Ins. Comm'r v. Christian Found. Life Ins. Co., 248 Ark. 1184, 455 S.W.2d 878 (1970).

Cited: Douglas v. Dynamic Enters., Inc., 315 Ark. 575, 869 S.W.2d 14 (1994).

Subchapter 4 — Fees

Cross References. Retaliation for foreign fees, § 23-63-102.

Effective Dates. Acts 1959, No. 304, § 3: 12:01 a.m., Jan. 1, 1960.

Acts 1965, No. 95, § 2: Feb. 22, 1965. Emergency clause provided: “It is hereby declared that the fees now being collected are inadequate and that states surrounding Arkansas are charging much higher fees. It is, therefore, declared that an emergency exists and this Act being necessary for the preservation of the public peace, health and safety shall take effect and be in force immediately upon and after its passage and approval.”

Acts 1975, No. 729, § 9: Apr. 3, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this state concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public and that the immediate passage of this Act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is hereby declared to exist, this Act being necessary for the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1977, No. 789, § 10: Mar. 28, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public and that the immediate passage of this Act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1983, No. 522, § 53: Mar. 17, 1983. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public and the immediate passage of this Act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is hereby declared to exist, this Act being necessary for the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1985, No. 804, § 33: Apr. 3, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this State concerning the insurance matters covered in the subject of this Act are inadequate for the protection of the public. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the public peace, health and safety shall be in full force and effect from after its passage and approval.”

Acts 1987, No. 456, § 31: Mar. 30, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the laws of this state concerning the insurance matters covered in the subject of this act are inadequate for the protection of the public and the immediate passage of this act is necessary in order to provide for the adequate protection of the public. Therefore, an emergency is hereby declared to exist, and this act being necessary for the public peace, health, and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1999, No. 881, § 28: Mar. 25, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly of the State of Arkansas that the present funeral pre-need laws, employee leasing firm laws, and other insurance laws are inadequate to protect the public. In pertinent part, the changes to the Insurance Code needed to assure the stability of funding for the Fraud Investigation Division of the Department must be enacted in the laws of this state well before the new fiscal year beginning July 1, 1999. The changes to authorized appropriations, as well as changes to the disability (health) insurance laws on individuals to conform to the federal laws on group policies with guaranteed renewability require immediate adoption; and unless this emergency clause is adopted, this act might not become effective until after the beginning of the next fiscal year. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after the date of its passage and approval. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1603, § 66: Apr. 13, 2001. Emergency clause provided: “It is found and determined by the Eighty-third General Assembly that the term disability insurance is obsolete in the insurance industry and should be updated to the usage of accident and health insurance to conform with national industry standards. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Research References

C.J.S. 44 C.J.S., Ins., §§ 48, 80.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1994–2024 · leading case: Douglass v. Dynamic Enter., Inc., 869 S.W.2d 14 (Ark. 1994).
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Douglass v. Dynamic Enter., Inc., 869 S.W.2d 14 (Ark. 1994). · cites it 2× “appealed to the Pulaski County Circuit Court pursuant to Ark. Code Ann. § 23-61-307 (Supp. 1993). The circuit court reversed the Commissioner, and held that contracts of debt cancellation are not insurance.”
Dyer v. Arkansas Ins. Dep't, 2015 Ark. App. 446 (Ark. Ct. App. 2015). · cites it 2× “Ark.Code Ann. § 23-61-307(g)(2) (Repl. 2012).”
Arkansas Blue Cross & Blue Shield v. Freeway Surgery Ctr., 2024 Ark. App. 540 (Ark. Ct. App. 2024). · cites it 2× “Ark. Code Ann. § 23-61-307 (g)(2) (Repl. 2023).”
— Ark. Code Ann. § 23-61-307(g)(2) — 1 case
Dyer v. Arkansas Ins. Dep't, 2015 Ark. App. 446 (Ark. Ct. App. 2015). “Ark.Code Ann. § 23-61-307(g)(2) (Repl. 2012).”
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