(a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of professional employer organization services or insurance.
(b) An employer service assurance organization may not have or adopt any rule, exact any agreement, or formulate or engage in any program that would require any member or subscriber to:
(1) Interfere with the right of any professional employer organization to conduct business in the state as permitted by law and independent of that service organization;
(2) Utilize some or all of its services as provided by the service organization's policies and procedures as approved by the Insurance Commissioner;
(3) Adhere to its standards, procedures, or membership requirements except on a voluntary basis; or
(4) Prevent any professional employer organization from acting independently.
Structure Arkansas Code
Title 23 - Public Utilities and Regulated Industries
Chapter 92 - Multiple Employer Trusts And Self-insured Plans
Subchapter 4 - Arkansas Professional Employer Organization Recognition and Licensing Act
§ 23-92-403. Relationship to other laws
§ 23-92-404. Licensing and renewal
§ 23-92-405. Controlling person
§ 23-92-406. Changes in control
§ 23-92-408. Financial assurance required
§ 23-92-409. Relationships defined
§ 23-92-410. Issuance, refusal, suspension, or revocation of license — Grounds and procedure
§ 23-92-411. Deceptive practices
§ 23-92-413. Nondisclosure of proprietary information
§ 23-92-414. Employer service assurance organization affidavit
§ 23-92-415. Licensing of employer service assurance organizations
§ 23-92-416. Employer service assurance organizations — Prohibited activities
§ 23-92-417. Employer service assurance organization — Permitted activities