Regulation No. 21
CANCELLATION AND REISSUANCE OF BENEFIT CHECKS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code Annotated §11-10-501 to read as follows:
(A) Any check issued in payment of benefits returned “undelivered” to the Division of Workforce Services by the United States Postal Service, shall be canceled immediately. Upon receipt of the payee’s correct mailing address, the Division of Workforce Services will recertify for payment the week for which the original check was issued.
(B) Each month, upon receipt of a current outstanding benefit check register, the Division of Workforce Services shall cause to be canceled each benefit check which, at that time, has been outstanding longer than sixty (60) days. In the event the claimant files a written inquiry concerning such a canceled check, the Division of Workforce Services, after determination, may recertify for payment the week for which the original check was issued.
(C) In the event a check issued in payment of benefits is lost, mutilated, or destroyed, the payee shall file a statement to that effect in affidavit form with the Division of Workforce Services. Upon receipt of such properly executed affidavit and after determination, the Division of Workforce Services may issue a duplicate check to the payee.
(D) In the event the original check has been negotiated by someone other than the payee, the payee whose endorsement was forged shall furnish satisfactory evidence of forgery by filing an Affidavit as to Forgery form with the Division of Workforce Services. Upon receipt of such evidence, the Division of Workforce Services may file the original check and the Affidavit as to Forgery form with the bank on which such check was drawn. Upon receipt of the refund, or proper credit, from the bank, for the check, the Division of Workforce Services shall then proceed to issue a replacement check to the payee.
(E) At the time of cancellation of such outstanding check(s), if a base period employer has been charged with benefits represented by such check(s), his account shall be credited with the amount of the check(s) so canceled, the credit to be effective in the period in which the check(s) was canceled.
If no charge to the employer’s account has yet been made at the time of cancellation of the check(s), no charge representing the amount of the canceled check(s) shall be made to such account.
(F) If reissuance of any benefit check canceled in accordance with paragraphs (A) and (B) of this regulation can affect an employer’s account as stated in paragraph (E) of this regulation, such employer’s account shall be recharged in the proper amount, giving effect to the date of reissuance of the check.
This amended regulation shall take effect and be in full force on and after July 1, 1989.
Regulation No. 22
DISCLOSURE OF INFORMATION
Arkansas Division of Workforce Services Regulation No. 22 is hereby rescinded.
The recision shall be in full force and effect on and after July 1, 1989.
Regulation No. 23
DESTRUCTION OF DIVISION OF WORKFORCE SERVICES RECORDS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division Of Workforce Services, pursuant to Arkansas Code 11-10-306 to read as follows:
The Director of the Division of Workforce Services is hereby authorized to destroy or dispose of any files, records, or other papers, in accordance with applicable law, at any time after same have been retained in the Division of Workforce Services files five (5) years and which are, in his opinion, no longer of any value to the Director, and to make or cause to be made such summaries or compilations, photographs, duplications, or reproductions as he may deem advisable to preserve necessary information in connection with employer contribution payments, employer payrolls, benefit charges and employer contribution rates. Provided, however, the benefit claims records may be destroyed three (3) years after the end of the benefit year to which they pertain. Administrative Fund records may be destroyed two (2) years after they have been audited and approved by federal auditors, and wage records may be destroyed after they have been retained in Division of Workforce Services files four (4) years.
This regulation shall take effect and be in full force on and after January 1, 1988.
Regulation No. 24
REASONABLE ASSURANCE DEFINED
Arkansas Division of Workforce Services Regulation No. 24 is hereby rescinded.
This recision shall be in full force and effect on and after January 1, 1988.
Regulation No. 25
Arkansas Division of Workforce Services Regulation No. 25 is hereby rescinded.
This recision shall be in full force and effect on and after January 1, 1988.
Regulation No. 26
DETERMINATION OF EMPLOYER WHEN SICKNESS OR ACCIDENT DISABILITY PAYMENTS ARE MADE BY A THIRD PARTY
The following regulation is hereby promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-215):
(1) Any third party making a payment, on account of sickness or accident disability which payment is not excluded from the term “wages” under Arkansas Code 11-10-215(2)(B) shall be treated as the employer with respect to such wages, except as may be provided in paragraphs (2) and (3) below. Accordingly, such third party must pay the contributions or make payments in lieu of contributions as imposed on employers by, and in accordance with the provisions of Arkansas Code 11-10-701 through 11-10-715(a).
(2) If any third party who is treated as the employer solely by reason of his having made a payment, on account of sickness or accident disability which payment is not excluded from the term “wages” under Arkansas Code 11-10-215(2)(B) notifies the employer for whom services are normally rendered of the amount of the payment made on account of sickness or accident, then the employer for whom services are normally rendered (and not the third party) shall be required to pay the contributions, or make payments in lieu of contributions as imposed on the employer by, and accordance with, the provisions of Arkansas Code 11-10-701 through 11-10-715(a). Such notification must be made, or post-marked, on or before the 7 th day following the last day of the calendar quarter in which the payment was made.
(3) Any third party making a payment on account of sickness or accident disability to an employee as agent for the employer or making such a payment directly to the employer shall not be treated as the employer with respect to such payment unless the agency agreement so provides.
An agency relationship is established if the third party bears an insurance risk, or is reimbursed on a cost plus fee basis, even if the third party is responsible for making determinations of the eligibility of individual employees of the employer for whom services are normally rendered for payments on account of sickness or disability;
This regulation shall take effect and be in full force on and after July 1, 1987.
Regulation No. 27
EMPLOYER COVERAGE HEARINGS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-306, 308, 315 and 316 to read as follows:
(A) The hearing officer in employer coverage matters shall be a person designated as such in writing by the Director. Such designation shall remain in effect until such time as it is revoked in writing by the Director.
(B) All employer coverage hearings shall be conducted at the administrative office of the Division of Workforce Services in Little Rock by telephone, or in person at the discretion of the hearing officer. The hearing officer shall set the time and date of such hearings, giving reasonable notice to all interested parties. The hearing officer may, upon his own motion or upon request of a party for good cause shown, reschedule the hearing time and/or date provided such request is received prior to the scheduled time of the hearing.
(C) The hearing officer may require the parties, prior to the hearing, to provide to him and/or to exchange with each other information including, but not limited to, names and addresses of representatives who are to appear; names, addresses, and telephone numbers of potential witnesses; lists and descriptions of exhibits to be introduced; and theories of liability or nonliability, including citations to pertinent statutes and case precedent.
(D) The hearing officer shall conduct himself in an impartial manner and may at any time withdraw if he deems himself disqualified. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the hearing officer and granted if timely made, sufficient, and filed in good faith. If the hearing officer withdraws, he shall so advise the Director in writing. The Director shall then appoint another hearing officer to conduct the hearing from which the usual hearing officer has disqualified himself.
(E) The hearing officer shall have power to (1) administer oaths and affirmations, (2) take depositions, (3) issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence, (4) maintain order, (5) rule upon all questions arising during the course of a hearing, (6) generally regulate and guide the course of the pending proceeding, and (7) make recommended decisions to the Director.
(F) Any person or party appearing at a hearing shall have the right to be accompanied and advised by legal counsel.
(G) The hearing officer shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing shall be conducted in such manner as to ascertain the substantial rights of the parties.
(H) Parties shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts.
(I) Official notice may be taken of judicially cognizable facts and of generally recognized technical facts within the agency’s specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded reasonable opportunity to show the contrary.
(J) A record shall be kept of all testimony and proceedings, but the testimony will not be transcribed unless the hearing officer’s determination is appealed.
(K) The hearing officer shall issue recommended findings of fact and, on the basis thereof, recommended determinations for the Director’s approval and signature with respect to employer coverage.
(L) If the party which made application for the hearing fails, without good cause shown, to appear at the scheduled hearing, the hearing officer shall admit into the record the relevant Division of Workforce Services’ file or files and shall make his determination on the evidence contained therein and any evidence submitted by any interested party or parties who appear for the scheduled hearing.
(M) In case of refusal to obey a subpoena issued by the hearing officer, such hearing officer shall have the power to continue the hearing, on his own motion or on motion of the party who requested the subpoena, until such time as the person who refuses to obey the subpoena is either ordered to comply with or is relieved of complying with said subpoena by a court of competent jurisdiction.
This Regulation shall take effect and be in force on and after July 31, 2011.
Regulation No. 28
DETERMINATION OF GENERAL EDUCATIONAL DEVELOPMENT AND ADULT BASIC EDUCATION COURSES AS TRAINING IN DEMAND OCCUPATIONS
The following regulation is hereby promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-507(3)(B) and (C):
General Education Development courses and Adult Basic Education courses will be considered as training in occupations for which there is a substantial and recurring demand when such courses:
(a) are a prerequisite for entrance into training in a specific occupation currently on the demand occupation list prepared by the Labor Market Information Section of the Arkansas Division of Workforce Services; or,
(b) provide basic skills required as a prerequisite for employment at the entry level in a specific occupation shown on the current demand occupation list prepared by the Labor Market Information Section of the Division of Workforce Services.
This Regulation shall take effect and be in full force on and after July 1, 1987.
Regulation No. 29
Training Trust Fund Program
The Division of Workforce Services (DWS) Training Trust Fund Program is hereby established pursuant to Act 551 of 2007, as enacted by the Arkansas General Assembly.
(A) The purpose of the DWS Training Trust Fund Program is to provide for innovative training support opportunities for qualified Arkansas businesses. Specifically, the DWS Training Trust Fund will primarily be used to support Arkansas businesses in their respective efforts to provide updated training for new and incumbent workers. The benefit of the DWS Training Trust Fund is that it can be used to help fill certain gaps in skills development training that may be otherwise unavailable.
(B) The DWS Training Trust Fund initiative will be coordinated with both the Arkansas Existing Workforce Training Program (EWTP), which is administered by the Arkansas Economic Development Commission, and the Arkansas Incumbent Worker Training Program (IWTP), which is administered in accordance with the Federal Workforce Investment Act by the Arkansas Workforce Investment Board.
(2) Who may apply for the DWS Training Trust Funds?
(A) Any for profit or non-profit business that has been in operation in Arkansas during the entire twelve-month period immediately preceding the date of application. Exceptions may be considered on an individual basis.
(B) Businesses making application for training funds must be current on all tax obligations, and there must not currently exist any ongoing or pending litigation concerning a company’s tax liability, either federal or state.
(3) How to apply:
(A) Businesses must submit an application (see attached TBP) to the director of Arkansas Division of Workforce Services, # 2 Capitol Mall, PO Box 2981, Little Rock, AR 72203, a minimum of 30 days prior to commencement of training. Questions can be answered by calling 501-682-2033 or 501-682-2121.
(B) Applications must include a clear description of proposed training to include the proposed training provider and projected cost.
(C) Exceptions may be considered on an individual basis.
(4) What are the requirements for applicant business to utilize these training funds?
(A) The business must specify target group of employees and specify type of training to be conducted and projected outcomes that are tangible and measurable.
(B) Each employee must be at least 18 years of age.
(C) Each employee must be a U.S. citizen or authorized to legally work in the U.S.
(D) If the employee is a male born after 12/31/1959, he must be in compliance with the selective service registration requirements.
(E) Provide assurance that participants involved in the proposed training possess the prerequisite literacy skills.
(F) The business must clearly demonstrate the relationship of the proposed training to specific business goals and performance objectives (i.e., training on new equipment to increase production, reduce production cost and reduce waste by recycling).
(5) Application priority will be given to companies:
(A) Who can avoid layoffs by incumbent worker training.
(B) Who seek to upgrade employee skills and increase productivity.
(C) Whose funding request is to provide training of workers employed in distressed areas (high unemployment, high poverty rate, low per capita income levels, etc.).
(D) Who can certify company/business expansion.
(E) Who will replicate the training internally (Train the Trainer concept).
(6) Allowable use of funds:
(A) Training on use of cutting edge technology and equipment.
(B) Training to meet employer or industry specific skill requirements.
(C) Train the Trainer.
(D) To compensate state supported institutions of higher education (two/four year Arkansas Colleges/Universities, Technical Schools), the Arkansas Workforce Investment Board approved training providers and approved company consultants and contract instructors, as well as company trainers for conducting prescribed training.
(E) Employer must provide certification of company trainers, consultants and other contract instructors.
(F) Training may be in a traditional classroom, on-the-job training, distance-learning lab, workshops, seminars, site based training or computer based training.
(G) Other training methods as approved by the Division of Workforce Services.
(7) Non-allowable use of funds:
(A) Cost incurred prior to the approved date of application.
(B) Construction or purchase of facilities or buildings.
(C) Business relocation expenses.
(D) Employment or training in sectarian activities.
(E) Lobbying activities.
(F) Employee wages (to include company in-house trainers and trainees).
(A) The applicant (business) assures that records of expenditures of funds under this agreement shall be made available for inspection by DWS audit staff or state auditors, as required.
(B) The applicant (business) assures that no person shall be excluded from training on the basis of race, color, national origin, age, religion, marital status, sex, or disability.
(C) The applicant (business) assures that in the event of labor dispute or strike, the director of DWS may postpone or cancel the funding of training support.
(D) The applicant (business) understands that this agreement may be canceled by the director of DWS by written notification at least 14 days prior to cancellation, or immediately, if funds are not available.
(E) The applicant (business) agrees that the terms of this agreement may be changed by common consent.
(F) The applicant (business) assures that provision will be made for submission of both a quarterly and final report, which will include but not limited to, a description of the funded program with quantifiable outcomes.
(G) The applicant (business) will provide the director of DWS a final report within 30 days following the end of agreed upon training.
(9) Expected outcomes: Applicants who are awarded training funds under this program will be required to demonstrate one or more of the following outcomes:
(A) Demonstrate business growth or expansion.
(B) Demonstrate increased quantifiable productivity.
(C) Demonstrate training funds used resulting in lowering turnover rates.
(D) Increased retention rate and/or higher post-training wages of participating employees.
(E) Demonstrate ability to utilize new technology to improve current production levels.
(F) Participating businesses will provide a final report within 30 days of the end of agreed upon training to the director of DWS.
(10) The review of applications will be coordinated with the following state agencies.
(A) Arkansas Economic Development Commission (AEDC)
(B) Arkansas Workforce Investment Board (AWIB)
(C) Arkansas Division of Workforce Education (ADWE)
(D) Arkansas Department of Higher Education (ADHE)
(E) Arkansas Division of Workforce Services (ADWS)
This Regulation shall take effect and be in full force on and after July 18, 2008
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