ADWS Workforce Services Regulations

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STATE OF ARKANSAS WORKFORCE SERVICES REGULATIONS AS AMENDED WITH REVISED STATUTES ANNOTATED

Regulation No. 11

CONTRIBUTION RATES, VOLUNTARY PAYMENTS AND ELECTION OF ANNUAL PAYROLL
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-218 and 219; and 11-10-704, 705, 707 and 708 to read as follows:
(A) Pending a redetermination of the rate of contribution payable by an employer where an application for a review and redetermination has been filed, the employer shall be liable for the payment of contributions at the rate as determined by the Division of Workforce Services. If the contribution rate is changed by reason of this review and redetermination, the Division of Workforce Services shall, without application by the employer, make an adjustment thereof in connection with subsequent contribution payments.
(B) All voluntary payments to the Fund made by an employer under Arkansas Code 11-10-705 shall be so identified by the employer when the payment is made.
(C) Any employer who has been subject to three (3) or more years of benefit risk immediately preceding the computation date, and who voluntarily elects to use as his average annual payroll the total taxable wages paid by him during the preceding calendar year, shall for each rate year give written notice of such election to the Division of Workforce Services not later than July 31 immediately preceding the rate year.
This regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 12

EMPLOYING UNIT RECORDS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-318 to read as follows:
(A) Each employing unit shall keep payroll records regarding any individual employed by it so that from an inspection thereof it shall be possible to determine with respect to each worker in his employ:
(1) The pay period covered by any payroll.
(2) The Social Security number of each worker employed during any pay period.
(3) The full name of each worker employed during any pay period.
(4) The place of employment.
(5) The date each worker was hired, rehired, or returned to work after a temporary lay-off.
(6) All remuneration including commissions and bonuses paid to each worker for personal services with respect to any day of work, in each case showing separately:
(a) Cash remuneration;
(b) The reasonable value of a remuneration in any medium other than cash; and
(c) Special payments, such as bonuses, gifts, prizes, etc., showing separately those paid in cash and those paid in any medium other than cash.
(7) Amounts paid the worker as allowance or reimbursement for traveling or other business expenses, dates of payment, and the amounts of such expenditures actually incurred and accounted for by him.
(8) With respect to pay periods in which he performs both employment and non-subject work, the number of:
(a) Hours spent in employment; and/or
(b) Hours spent in non-subject work.
(B) The place of employment of any worker shall be the county within Arkansas:
(1) In which he performs his work; or
(2) In which he has his base of operations, if he performs his work in more than one (1) county in Arkansas; or
(3) From which he received his principal or immediate direction or control, if he has no base of operations in Arkansas; or
(4) In which he resides, if the place from which he received his principal direction or control is outside of Arkansas.
(C) It shall be the responsibility of the employing unit to make such records available for inspection at a specified location in the state of Arkansas. If the location is not at the employer’s principal place of business, it shall be subject to approval by the Arkansas Division of Workforce Services.
(D) All employer records designated in this regulation shall be preserved and made available for purposes of inspection for a period of not less than five (5) years from the end of the month next following the end of the calendar quarter to which such records pertain.
This amended regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 13

EMPLOYING UNIT RECORDS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-318 to read as follows:
Information requested in report forms provided by the Division of Workforce Services shall be provided by the employing unit in accordance with instructions accompanying the forms.
Every individual or legal entity which becomes an employing unit as defined in Arkansas Code 11-10-208 shall, on or before the last day of the month next following the month during which it became an employing unit, file with the Division of Workforce Services an initial Report To Determine Liability form and such additional reports as the Director may require for the purpose of determining whether it is an employer as defined in Arkansas Code 11-10-209.
Any employing unit that employs workers during any calendar year which considers that it is not an employer as defined in Arkansas Code 11-10-209 must establish such proof by submitting contracts, reports, and/or other documents with the Report To Determine Liability form.
Any employer:
Who terminates his business for any reason whatsoever, or transfers or sells all or a substantial part of the assets of his organization, trade, or business to another or changes the trade name of such business or address shall, within ten (10) days after such termination, transfer, or change of name or address, give notice in writing to the Arkansas Division of Workforce Services of that fact. He shall set forth in such notice the former name and address of the business, the new name and address of the business, the name of any new owner, and his own name and present address.
Shall immediately notify the Arkansas Division of Workforce Services of the commencement of any receivership or similar proceedings, or of any assignment for benefit of creditors or any order of court under the laws of Arkansas with respect to the foregoing or of the filing of any voluntary or involuntary petition in bankruptcy or other proceedings under the Federal Bankruptcy Act.
This regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 14(a)

WEEK OF UNEMPLOYMENT WITHIN A BENEFIT YEAR
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-203 and 11-10-214 to read as follows:
A week shall be deemed to be within that benefit year which includes four (4) or more days of such week.
This regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 14(b)

CLAIM FILING
The following regulation is hereby promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-507 of the Arkansas Division of Workforce Services Law:
(A) All claims for benefits shall be filed either by telephone, electronically via the Internet, by mail, or in person, except as may otherwise be provided herein, at a local employment office of the Division of Workforce Services (Agency) on standard claim forms prescribed by the Agency.
(B) All claims must be completed with the individual’s social security number(s) and all other items of information requested on the standard form prescribed by the Agency. In addition, each claim shall bear the individual’s signed certification that the information entered on the form is true, complete and correct. Provided however, when filing by telephone, Internet or other electronic means a claimant’s assigned “pin number” or electronic signature satisfies the requirement for a signature. The claimant must comply with the telephone, Internet and other electronic filing procedures determined by the Division. If an individual submits an incomplete claim form, the Agency may either require the individual to report to the local employment office to complete the claim form or may return the claim form to him by mail or electronic means for completion. An individual shall report to, or complete and submit the claim form to, the local employment office, as directed, within 10 days following the date the Agency mails the notice to report or returns the incomplete claim form to the individual unless good cause for failing to do so is shown by the individual. An individual may be required to present his social security card to verify his social security number.
(C) To establish a benefit year and to obtain a determination of his monetary entitlement to benefits, an individual shall file an initial claim either by telephone, electronically via the Internet, in person, or by mail with a local employment office on the standard initial claim form prescribed by the Agency. A new benefit year may not be established by the filing of an initial claim unless and until any current benefit year which an individual may have established has expired.
(D) To reestablish his claim when intervening employment causes a break of one week or more in an individual’s claim series during an existing benefit year or other period of eligibility, he shall file, either by telephone, electronically via the Internet, in person, or by mail, an additional claim for benefits with a local office of the Agency on the standard additional claim form prescribed by the Agency in order to reactivate his claim.
(E) To reestablish (reopen) his claim when a break of one week or more in an individual’s claim series occurs during an existing benefit year or other period of eligibility but not as a result of intervening employment, he shall complete another standard initial claim form and file it either by telephone, electronically via the Internet, in person, or by mail with a local office of the Agency.
(F) To claim a waiting week, a compensable week, or a noncompensable week of unemployment, an individual who has established or has filed an initial claim to establish a current benefit year shall file either by telephone, electronically via the Internet, in person, or by mail, a continued claim on the standard continued claim form prescribed by the Agency. All continued claims shall be filed either by telephone, electronically via the Internet, in person, or if filed by mail, postmarked not later than the seventh day following the last day of the calendar week for which benefits are claimed. A valid non-compensable week of unemployment, when properly claimed, may be used by an individual in partial satisfaction of a disqualification.
(G) An initial, additional, reopened or continued claim, if filed either by telephone, electronically via the Internet or, in person, shall be considered to have been filed on the date it is received by the Agency. If mailed, such claim shall be considered to be been filed on the date of its postmark. Except that, if it is determined by the Agency that a delay in the filing of any claim was due to good cause, it may be considered to have been filed on a date no earlier than fourteen (14) days prior to the date the claim, if filed in person or, by telephone, or electronically via the Internet, was received by the Agency or, if filed by mail, was postmarked. Provided however, the Director, at his discretion, may waive the restrictions in this Paragraph (G) if he finds that extraordinary circumstances exist and equity and justice require such waiver. All such waivers shall be reported to the Division of Workforce Services Advisory Council.
Provided further, upon determination by the Agency that a delay in the filing of a claim at an Agency local office which provides services to claimants only on a periodic or intermittent basis was due to good cause, such claim may be considered to have been filed on a date no earlier than seven (7) days from the date of the most previous regularly scheduled day such office was open for service.
If a claimant files an initial claim for unemployment compensation against another state and fails to establish a valid claim, is faced with an indefinite postponement of benefits, or withdraws from a wage combining arrangement, his subsequent Arkansas initial claim for benefits shall be considered to have been filed on the date his original initial claim was filed against the other state.
(H) An initial or additional claim (except a shared work claim) for less than total unemployment, which is based on partial unemployment, shall be filed either by telephone, electronically via the Internet, in person, or by mail on the form prescribed by the Agency and shall be considered to have been filed on a date which will permit the claimant to claim a week of partial unemployment within fourteen (14) days of the date wages were paid for such partial unemployment. An individual shall be considered partially unemployed when he is working less than full-time and wages payable to him are less than one hundred forty percent (140%) of his weekly benefit amount.
(I) A continued claim for a week of partial unemployment as defined in the Division of Workforce Services Law Arkansas Code 11-10-214 may be considered to be timely if it is filed within fourteen (14) days of the date wages were paid for such week of partial unemployment.
(J) For the purpose of this Regulation 14(b), an individual shall be considered to be working less than full-time, or partially unemployed, if he is working fewer than forty (40) hours in a calendar week.
(K) Subject to the implementation of an Interactive Voice Response (IVR) or telephone claims system, the requirements of this Regulation 14(b) are to be interpreted consistent with the Division’s telephone claims taking procedure.

This amended regulation shall take effect and be in full force on and after July 1, 2003.

Regulation No. 14(c)

REGISTRATION AND REPORTING
This regulation is hereby amended, promulgated, and adopted by the Director, Division of Workforce Services, pursuant to Arkansas Code 11-10-507 to read as follows:
(A) An individual shall be ineligible to receive benefits, waiting period credit or noncompensable week credit under Arkansas Code 11-10-507 of the Arkansas Division of Workforce Services Law for any week in which he fails to report to a Division of Workforce Services office in person, by telephone, or by other means on the assigned date and time as directed by the Division of Workforce Services unless it is determined by said Agency that he had good cause for failing to so report.
(B) The filing of an initial, additional or reopened claim for unemployment benefits either by telephone, electronically via the Internet or, on the standard claim form prescribed by the Division of Workforce Services shall constitute registration for work for any and all individuals EXCEPT:
(1) Those claimants who are entered into the Eligibility Review and Reemployment Assistance Program because they are having, or may have, difficulty in obtaining employment and who live within commuting distance of the nearest local office of the Division of Workforce Services, and,
(2) Those who are claiming any form of extended benefits.
(3) Those who are required to search for work pursuant to Regulation 14(d). Such individuals shall be required to complete an application with the employment service at the nearest local office of the Division of Workforce Services.
This amended regulation shall take effect and be in full force and effect on and after July 1, 2003.

Regulation No. 14(d)

WORK SEARCH
The following regulation is hereby promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-507:
(A) The Division of Workforce Services (Agency) shall advise each claimant who establishes a benefit year or who files an additional or reopened claim what he must do to meet the work search requirements of Arkansas Code 11-10-507. In so advising the claimant, the Agency shall take into consideration the claimant’s knowledge, skills and abilities, his past work experience and the condition of the labor market in which the claimant is seeking employment.
To each such claimant, the Agency shall provide the number of job search contacts (contacts with potential employers for the purpose of securing work) he must make during each week that he claims benefits in order to be considered to be doing those things which a reasonably prudent person would be expected to do to secure work. At the claimant’s request, or upon its own motion, the Agency may provide written and/or oral information and assistance to the claimant on how, when, where and in what manner to look for and apply for work.
(B) In order to meet the job search requirements of Arkansas Code 11-10-507, claimants who live in a metropolitan statistical area, as the term is defined by the U.S. Divisionof Commerce, Bureau of the Census, shall be required to make at least three (3), but no more than five (5), job contacts during each week that he claims unemployment benefits. Claimants residing in other labor market areas shall be required to make at least two (2), but no more than four (4), job contacts during each week for which they claim benefits in order to meet this job search requirement. Provided that if, for good cause shown, a claimant fails to make the number of job contacts required by this Paragraph, he shall not be disqualified for that reason.
(C) Except as elsewhere provided in this Regulation 14(d), each claimant who claims benefits for a week of unemployment must show that he has made, at least, the number of job contacts set forth for him by the Agency in order to fulfill the work search requirements of Arkansas Code 11-10-507. In order for a job contact to be considered bona fide, beginning with the thirteenth compensable week of unemployment the claimant must submit in writing the name of each employer contacted, the date of each contact, the kind of work sought or applied for, the method of his contact, and the results of the contact. The Agency shall provide a form for the claimant’s use in providing such evidence. Provided that if, for good cause shown, a claimant fails to obtain any item of information required by this Paragraph (C), he shall not be disqualified for that reason.
(D) The claimant must make at least one of the required job contacts in person unless he normally gets his jobs by telephone or through correspondence, or unless his job contacts were made to employers outside the labor market area of his place of residence. Other efforts to secure work shall count as a job contact if done for the purposes of securing employment. Such efforts other than those enumerated in Paragraph (C) and in this Paragraph (D) shall count, collectively for no more than one bona fide job contact per week.
(E) Notwithstanding the provisions of Paragraph (B), above, the Agency shall periodically review the claimant’s job search efforts and may change the minimum number of weekly job contacts required as the claimant’s length of unemployment increases or as labor market conditions change or warrant. An intrastate claimant shall not be required to submit written documentation of his job contacts until his nineteenth compensable week of unemployment if he is residing in a county or he last worked in a county which had an average unemployment rate, as computed by the Agency, equal to or greater than eight and one-half percent (8 ½%) during the preceding six-month period of June through November for benefit years established during the six-month period beginning on January 1 and during the preceding six-months period of December through May for benefit years established during the six-month period beginning on July 1. For purposes of applying this provision, the average unemployment rate for the appropriate six-month period for the Arkansas county in which the claim was filed or for the Arkansas county in which he last worked shall be used for out-of-state residents filing claims in an Agency office. Interstate claimants shall not be required to provide written documentation of job search contacts until their nineteenth compensable week of unemployment when the Arkansas, state-wide, average unemployment rate is equal to or greater than eight and one-half percent (8 ½%) during the appropriate six-month period. All claimants, however, must continue to do those things a reasonably prudent individual would be expected to do under the circumstances to secure work.
(F) A union member claimant’s authorized union hiring hall representative may make such claimant’s job contacts for him as his agent. In such instances, the claimant shall provide the Agency with the name, address and local number of the union of which he is a member and with evidence that he is a union member, that his union dues are currently paid, that his union local maintains a full-time hiring hall, the name and address of such hiring hall, and the name and address of the union hiring hall official who will act as his agent. The claimant shall remain responsible for the timely provision of evidence, as required by the Agency, of job contacts made by the union hiring hall official acting as his agent for such purpose. The Agency shall provide the claimant with a form for use in providing such evidence of work search efforts.
(G) For the purpose of fulfilling the job search requirements of Arkansas Code 11-10-507 as prescribed in Paragraph (B), above, the following types of job contacts shall be treated in the manner specified for each:
(1) Contacts with the Agency’s job placement service.
(a) An initial registration for work or the renewal of a registration for work shall be counted one (1) time for each continuous period of unemployment.
(b) Each instance of reporting to the employment office in response to a call-in by the job service shall be counted as a job contact.
(c) Any and all other contacts with the job service during any month shall be counted but only as one job contact during each calendar month.
(2) Contacts with Exclusive Hiring Agreement Employers. Job contacts with employers whose names appear on a list, provided by the Agency to the individual claimant, of employers who hire exclusively through the Agency shall not be counted as a job contact.
(3) Contacts with Private Employment Agencies. Registration with a private employment agency shall be counted as one job contact for each such agency but shall be counted only one time in any one continuous period of unemployment. Each job contact made as a result of a referral by a private employment agency shall be counted as a job contact for purposes of Paragraph C.
For the purpose of this Paragraph (G), a continuous period of unemployment shall begin when an individual files an initial, additional, or reopened claim for benefits and shall continue thereafter for as long as he files weekly claims for benefits on a continued week basis.
(H) A claimant shall be presumed to be available for work as required by Arkansas Code 11-10-507 and shall not be required to make any further search for work when any of the following circumstances prevail:
(1) The claimant’s hours of work have been reduced from full-time to part-time by this employer who has given the claimant an assurance that he will be returned to full-time employment within ten (10) weeks after his last week of full-time employment.
(2) The claimant’s hours of work have been reduced by his employer from full-time to part-time and he works at least eight (8) hours for that employer during the week for which he claims benefits.
(3) The claimant has a definite promise of employment to begin within ten (10) weeks after the date of receipt of such promise of employment, provided, at the time he files his claim for unemployment benefits, he provides a written statement from his prospective employer evidencing such promise of employment.
(I) A claimant’s work search efforts shall be subject to verification which may include, but not be limited to, obtaining relevant information from potential employers reported as having been contacted by the claimant.
(J) Notwithstanding the provisions of any other paragraph of this Regulation 14(d), the Director of the Division of Workforce Services may reduce or eliminate any of the requirements of said Regulation 14(d) if such change would be warranted by labor market conditions and would not be contrary to the work search provisions contained in Arkansas Code 11-10-507.
(K) This Regulation 14(d) shall not be applicable with respect to individuals claiming extended benefits.
(L) Subject to implementation of an Interactive Voice Response (IVR) or telephone claims system, the requirements of this Regulation 14(d) are to be interpreted consistent with the Department’s telephone claims taking procedure. The work search requirements for telephone claims are to report the number of job contacts as required by Paragraphs (B), (C) and (E). Documentation of such job contacts shall be maintained by a claimant for the appropriate weeks claimed (i.e., beginning the 13th or 19th week for possible eligibility or verification purposes).

This amended regulation shall take effect and be in full force on and after July 1, 1999.

Regulation No. 15

NOTICE OF CLAIMS FILED AND BENEFITS CHARGED, EMPLOYER RESPONSE, AND NONCHARGE RIGHTS
This regulation is hereby amended, promulgated and adopted by the Director of the Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-703 to read as follows:
(A) Notice of an initial or additional claim filed shall be mailed or otherwise provided by the Division of Workforce Services to the employing unit known to the claimant as his last employer. This notice shall request that the employer immediately furnish pertinent information to the Division of Workforce Services. The last employer shall have ten (10) days from the date the notice was mailed or otherwise provided by the Department of Workkforce Services to file his response. If mailed, a response shall be considered to have been filed as of the date of the postmark on the envelope. Provided that if it is determined by the Director of the Division of Workforce Services that the response was not filed within the ten-day period as a result of circumstances beyond the last employer’s control, such response may be considered as having been timely filed.
(B) Notice to base period employer of an initial claim filed shall be mailed or otherwise provided to each affected base period employer who is not also a last employer. This notice shall request that the employer furnish the Division of Workforce Services pertinent information. The requested information shall be filed with the Agency immediately but no later than fifteen (15) days after the date the notice was originally mailed or otherwise provided by the Division of Workforce Services. If mailed, the response shall be considered to have been filed as of the date of the postmark on the envelope. Provided that if it is determined by the Director of the Division of Workforce Services that the response was not filed within the fifteen (15) day period as a result of circumstances beyond the employer’s control, such response may be considered as having been timely filed.
(C) Requests for separation information shall be mailed or otherwise provided by the Division of Workforce Services to the employing unit known to the claimant as his last employer. This request shall notify the last employer of the deadline for providing the requested information to the Division of Workforce Services. If mailed, a response shall be considered to have been filed as of the date of the postmark on the envelope. Provided that if it is determined by the Director of the Division of Workforce Services that the response was not filed within the specified time in the request for separation information as a result of circumstances beyond the last employer’s control, such response may be considered as having been timely filed.
(D) Upon commencement of a labor dispute, the affected employer shall, upon request, promptly furnish the nearest Division of Workforce Services office a list, in duplicate, showing the names and Social Security numbers of the unemployed workers, and the last day of employment for each worker, with the further information that the unemployment is due to a labor dispute at the factory, establishment, or other premises where the workers were last employed.
(E) An employer, upon request, shall furnish to the Division of Workforce Services wage information for workers filing claims in another state under an approved Interstate Wage-Combining Plan when such wages are in the base period of the paying state but have not yet been reported on a quarterly wage report. An employer shall furnish such information within ten (10) days from the date the request is mailed. Whenever an employer fails to provide wage information as requested for an Interstate Wage-Combining claim within the required ten (10) days from the time the request is mailed, the Division of Workforce Services will establish the claimant’s wage credits on the basis of the claimant’s written statement of wages received for such employment with said employer supplemented by such other evidence as may be available and satisfactory to the Division of Workforce Services. Except, as provided under Arkansas Code 11-10-106 of the Division of Workforce Services Law, if it is determined that the wage information supplied by the claimant is erroneous, no penalty shall be imposed on the claimant. A report of wages made on the basis of the claimant’s written statement shall be adjusted, if necessary, upon receipt of information from an employer and such adjusted report will be delivered to the paying state for the appropriate adjustment of further benefits, if any, payable to the claimant under the approved Interstate Wage-Combining Plan on the basis of such wage credits.
(F) Except as hereinafter provided, a last employer shall not be eligible for the noncharge provisions authorized in subsection 11-10-703 of the Division of Workforce Services Law unless he has timely responded in compliance with paragraph (A) of this regulation. It shall be assumed that any last employer that fails to respond in compliance with paragraph (A) of this regulation agrees that the reason for separation as given by the claimant is correct; his failure to respond shall not affect his noncharge rights if the reason for separation given by the claimant would have otherwise resulted in the non-charging of benefits to the employer’s account. His failure to timely respond, however, shall constitute a waiver of any right he may have to protest charges to his experience rating account of benefits paid as a result of such nonmonetary determination.
(G) (1) No employer’s account shall be relieved of charges arising from an overpayment of benefits as provided in subsection 11-10-703 of the Division of Workforce Services Law if the overpayment of benefits is the result of the failure of the employer or the employer’s agent to respond timely or adequately to a request for information from the Division of Workforce Services and the employer’s agent has established a pattern of failing to respond to such requests. As used in this regulation:
(i.) “Timely” means the employer or the employer’s agent responded to the Division of Workforce Services written requests for information as specified on the form. Provided that if it is determined by the Director of the Division of Workforce Services that the response was not timely as a result of circumstances beyond the employer’s control, such response may be considered as having been timely filed.
(ii.) “Adequately” means the employer or the employer’s agent substantially and accurately completed the Division of Workforce Services forms with sufficient factual information necessary to render an accurate determination of eligibility for unemployment insurance benefits.
(iii.) “Pattern” means, in the preceding calendar quarter, the employer or the employer’s agent failed to timely or adequately respond to at least 51% of requests for information sent to it by the Division of Workforce Services related to the establishment of an unemployment insurance claim. However, an employer that is party to five or fewer potentially disqualifying determinations during the preceding calendar quarter shall not be deemed to have a pattern of failing to timely or adequately respond unless it has failed to respond to at least three requests for information in the preceding calendar quarter.
(2) At the end of each calendar quarter, or as soon thereafter as possible, the Division of Workforce Services shall notify an employer or its agent of the intent to place the employer on a list of employers that have been determined to have established a pattern of failing to timely or adequately respond to requests for information from the Division of Workforce Services.
(i.) The notification shall become conclusive and binding upon the employer unless within fifteen (15) days after the mailing of the notice the employer requests an administrative review of the notice issued by the Division of Workforce Services. Provided that if it is determined by the Director of the Division of Workforce Services that the response was not filed within the fifteen (15) day period as a result of circumstances beyond the employer’s control, such response may be considered as having been timely filed.
(ii.) An employer that is determined to have established a pattern of failing to timely or adequately respond to requests for information shall continue remain on the list of employers ineligible to be provided relief from charges pursuant to 11-10-703(a)(6) until the employer has responded timely or adequately to requests for information for two consecutive calendar quarters.
(3) Determinations by the Division of Workforce Services prohibiting the relief of charges pursuant paragraph G of this regulation shall be subject to protest or appeal as set forth in subsection 11-10-707 of the Division of Workforce Services law.
(H) An affected base period employer not also a last employer shall not be eligible for the noncharge provisions authorized in Arkansas Code 11-10-703 of the Division of Workforce Services Law unless he has timely responded in accordance with paragraph (B) of this regulation. In addition, any employer seeking to qualify for noncharging under the Part Time Proviso of Arkansas Code 11-10-703 of the Division of Workforce Services Law shall provide such information on wages and hours of work as the Director of the Division of Workforce Services shall request.
This amended regulation shall take effect and be in full force on and after March 1, 2014.

Regulation No. 16

EXTENDED BENEFITS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-534 and 535 to read as follows:
(A) If a claimant who has been paid extended benefits for week(s) of unemployment is determined eligible for additional regular benefits for those same weeks of unemployment as a result of a redetermination or an appeal, the extended benefits already paid shall be considered to be regular benefits up to the amount paid. The Division of Workforce Services shall make the necessary adjustments between the Federal and State accounts.
(B) The following provisions of the Law relating to regular benefits are inconsistent with the extended benefit provisions and, therefore, are not applicable to extended benefits:
(1) Waiting period week.
(2) Monetary qualifying and requalifying requirements.
(3) Computation of weekly and maximum benefit amounts.
(4) Charging of benefits paid as applicable to any tax paying employer.
(5) Notice to last employer of claim filed, except when there has been intervening employment since exhaustion of regular benefits and the last employer has not been notified of a claim filed.
This amended regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 17

MONETARY DETERMINATION NOTICE
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-522 to read as follows:
Each Monetary Benefit Determination issued to a claimant by the Division of Workforce Services shall include a notice of the claimant’s right to request a redetermination or to appeal the determination. The notice shall clearly state the place and manner for making an appeal and the period within which such appeal must be made.
This amended regulation shall take effect and be in full force on and after January 1, 1988.

Regulation No. 18

PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS
This regulation is hereby amended, promulgated and adopted by the Director, Arkansas Division of Workforce Services, pursuant to Arkansas Code 11-10-313 to read as follows:
(A) As used in this regulation, unless the context clearly requires otherwise:
(1) “Interstate benefit payment plan” means the plan approved by the National Association of State Workforce Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.
An interstate claim shall be serviced in accordance with the law of the paying state.
(2) “Interstate claimant” means an individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state. The term “interstate claimant” shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the liable state finds that this exclusion would create undue hardship on such claimants in specified areas.
(3) “State” includes, in addition to the states of the United States of America, Puerto Rico, the District of Columbia, and the Virgin Islands.
(4) “Paying State” means either (i) the state in which a claimant files a claim after qualifying in that state on the basis of combined employment and wages; or, (ii) if a claimant files a claim in a state that is not the paying state under the criterion set forth in (i) or files a claim in Canada, then the paying state shall be that state in which the Combined-Wage claimant was last employed in covered employment among the states in which the claimant qualifies for unemployment benefits on the basis of combined employment and wages.
(5) “Agent state” means any state in which an individual files a claim for benefits from another state.
(6) “Liable state” means any state against which an individual files, through another state, a claim for benefits.
(7) “Interstate benefits” means the compensation payable to an individual with respect to his unemployment under the unemployment insurance law of any state.
(8) “Week of unemployment” includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.
(B) (1) Each interstate claimant shall be registered for work, through any public employment office in the agent state when and as required by the law, regulations and procedures of the agent state. Such registration shall be accepted as meeting the registration requirements of the liable state.
(2) Each agent state shall duly report to the liable state in question, whether each interstate claimant meets the registration requirements of the agent state.
(C) (1) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant may file claims against any other state in which there are available benefit credits.
(2) For the purpose of this regulation, benefit credits shall be deemed to be unavailable whenever benefits have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable, or whenever benefits are affected by the application of a seasonal restriction.
(D) (1) Claims for benefits or waiting period credit shall be filed by interstate claimants on uniform interstate claim forms, electronically via the Internet or by telephone and in accordance with uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Claims shall be filed in accordance with the type of week in use in the agent state. Any adjustments required to fit the type of week used by the liable state shall be made by the liable state on the basis of consecutive claims filed.
(2) Claims shall be filed in accordance with agent state regulations for interstate claims in local employment offices, electronically via the Internet, by telephone, or at an itinerant point, or by mail.
(i) With respect to claims for weeks of unemployment in which an individual was not working for his regular employer, the liable state shall, under circumstances which it considers good cause, accept a continued claim filed up to one (1) week, or one (1) reporting period late. If a claimant files more than one (1) reporting period late, an initial claim must be used to begin a claim series and no continued claim for a past period shall be accepted.
(ii) With respect to weeks of unemployment during which an individual is attached to his regular employer, the liable state shall accept any claim which is filed within the time limit applicable to such claims under the law of the agent state.
(E) (1) The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts relating to the claimant’s availability for work and eligibility for benefits as are readily determinable in and by the agent state.
(2) The agent state’s responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts. The agent state shall not refuse to take an interstate claim.
(F) (1) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims.
(2) With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qualified officer of the agent state.
(G) This regulation shall apply in all its provisions to claims taken in and for Canada.

This amended regulation shall take effect and be in full force on and after July 1, 2001.

Regulation No. 19

DISQUALIFICATION UNDER SUBSECTION 5(a) AND UNDER SUBSECTION 5(d)
Arkansas Division of Workforce Services Regulation No. 19 is hereby rescinded.
This recision shall be in full force and effect on and after January 1, 1988.

Regulation No. 20

LESSOR EMPLOYING UNITS
The following regulation is hereby promulgated and adopted by the Director, Arkansas Division of Workforce Services pursuant to Arkansas Code 11-10-717(e):
(1) Any lessor employing unit desiring to post a bond with the Division of Workforce Services (Agency) in accordance with Arkansas Code 11-10-717(e), shall also execute a Security Bond prepared, or approved, by the Agency and shall provide the Agency with any information necessary to prepare this bond. Any bond not prepared by the Agency shall be submitted to the Agency for approval prior to its being executed.
(2) Any lessor employing unit depositing cash or securities with the Division of Workforce Services in accordance with said Arkansas Code 11-10-717(e) shall also execute an Assignment and Escrow Agreement prepared by the Division of Workforce Services and shall provide the Division of Workforce Services with any information necessary to prepare the agreement. This agreement shall contain a provision which the lessor employing unit consents to an audit of its records prior to the release or cancellation of the securities tendered with the agreement.
(3) Any securities deposited with the Division of Workforce Services pursuant to said Arkansas Code 11-10-717(e) shall be accompanied by the signed statement of a licensed broker identifying each security and setting forth its current market value. Thereafter, on or before the tenth day of each month, the lessor employing unit shall submit: (1) a statement signed by a licensed broker setting forth the market value on the first business day of that month of each security so deposited and (2) an attestation by said broker stating that he has no interest in and is not affiliated in any way with the lessor employer or the corporations that issued the stocks included in the said market value statement. Should the combined value of those deposited securities be less than the required amount, the lessor employing unit shall immediately deposit additional securities to raise the value to the required amount.
(4) By the end of February each year, the Director of the Division of Workforce Services shall notify any lessor employing unit who has posted a corporate surety bond or deposited marketable securities with the Division of Workforce Services of the dollar amount required for that year to comply with the provisions of said Arkansas Code 11-10-717(e).
(5) The obligation for payment, and/or the bond securing payment, of unemployment contributions pursuant to Arkansas Code 11-10-717(e) shall not be released until the Division of Workforce Services is satisfied, either by audit or otherwise, that all contributions liability on account of the bond has been paid. This paragraph of this regulation shall not be construed to increase the liability of the surety in excess of the face amount of the bond regardless of the period of time the bond remains in effect, nor shall it be construed to affect the right of any surety to terminate the bond in accordance with the terms of the bond.
This regulation shall be in full force and effect on and after January 1, 1998.

 

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