Ark. Code Ann. § 11-10-314 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-314
Disclosure of information
Status: in_force

(a) (1) Except as otherwise provided in this section, information obtained by the Director of the Division of Workforce Services from any employing unit or individual pursuant to the administration of this chapter, and the methods used by the Division of Workforce Services to identify and investigate fraudulent claims, and any determination as to the rights or status of any employer or individual made by the director pursuant to the administration of this chapter shall be held confidential, shall be protected by government privilege, and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) The information in subdivision (a)(1) of this section shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Division of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions associated with this chapter. (B) This information shall not be otherwise disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity. (b) (1) Upon request, information from the records of the Division of Workforce Services that concerns a claim for benefits shall be provided to any interested party to the extent necessary for the proper representation of his or her position in any proceeding under this chapter. (2) Notwithstanding any other provision of this chapter or any other law: (A) Upon request, a claimant may be provided with any information contained only in the payment record of his or her unemployment insurance benefit claim or with information on his or her most recent monetary determination; (B) In the absence of a pending proceeding under this chapter, confidential information from the records of the Division of Workforce Services may upon request be provided only to an: (i) Individual to the extent that the information was provided by that individual; or (ii) Employer to the extent that the information was provided by that employer; and (C) Upon request, a job applicant may be provided with evidence of his or her registration for work. (3) An individual or employer who may obtain confidential information under this subsection may authorize the disclosure of the confidential information on his or her behalf on the basis of informed consent as follows: (A) To an agent who acts for or in the place of an individual or an employer by the authority of that individual or employer as follows: (i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law; (ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or (iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or (B) To a third party, other than an agent, or a disclosure made on an ongoing basis even if to an agent, but only if: (i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and (ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains. (c) (1) Except as otherwise provided in this section, upon request, the director may provide the confidential information to a public official for use in the performance of his or her official duties in compliance with applicable state and federal law. (2) Confidential information that may be disclosed to a public official may also be disclosed to the agent or contractor of the public official, subject to the same terms and conditions applicable to the disclosure to the public official and subject to the written agreement between the director and the public official that the public official shall be responsible for ensuring that the agent or contractor complies with the requirements of applicable state and federal law. (d) (1) (A) The confidential information may be made available to any agency of this or any other state, or to any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the Internal Revenue Service for unemployment compensation tax administration, to the United States Citizenship and Immigration Services for verifying the claimant's immigration status, to the Office of Federal Contract Compliance Programs, to the United States Bureau of Labor Statistics for use exclusively for statistical purposes under a cooperative agreement, or to any state or federal agency for income or eligibility verification purposes if mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor or unless otherwise provided for in this section and §§ 11-10-306 - 11-10-312 and 11-10-315 - 11-10-318 . (B) The information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. (2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter. (e) The director may request the United States Comptroller of the Currency to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter and may in connection with this request transmit any report or return to the United States Comptroller of the Currency as provided in applicable state and federal law. (f) Upon request, the director shall make unemployment compensation records available to the United States Railroad Retirement Board and shall furnish copies of the records to the United States Railroad Retirement Board as the United States Railroad Retirement Board deems necessary for its purposes. (g) (1) Information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by the Division of Workforce Services, in compliance with applicable state and federal law, may be disclosed: (A) To public officials; (B) To agents or contractors of public officials; and (C) On the basis of informed consent. (2) (A) In order to comply with section 116(e)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, the director shall, to the extent practicable, cooperate in the conduct of evaluations of state programs as identified in section 116(e)(1) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, including related research projects and as provided for by the United States Secretary of Labor or the United States Secretary of Education. (B) Upon request, the director shall make confidential information available to a federal official or an agent or contractor of a federal official requesting the information in the course of the evaluations. (h) (1) (A) Upon request of a public agency administering or supervising the administration of a state plan of Temporary Assistance for Needy Families approved under Part A of Title IV of the Social Security Act, or the administration of a state plan of medical assistance approved under Title XIX of the Social Security Act, the administration of a state plan of food stamps approved under the Food Stamp Act of 1977, Pub. L. No. 95-113, request of a public agency charged with any duty or responsibility authorized or required under the Child Support and Establishment of Paternity Program provisions of Part D of Title IV of the Social Security Act, or request of officers or employees of the United States Department of Agriculture, the director shall furnish to the public agency information contained in the files of the Division of Workforce Services with respect to any individual specified in the request as to whether the individual is receiving, has received, or has made application for unemployment compensation, the date the individual was determined eligible or ineligible, the date the individual's claim was exhausted, the weekly benefit amount actually paid and the date paid, the individual's weekly benefit amount, whether the individual is receiving or has received wages, the name and address of the employer from whom the wages have been received and the amount of any wages received by the individual, the current or most recent home address of the individual, whether the individual has refused an offer of employment, and, if so, a description of the employment so offered, including, but not limited to, the terms, conditions, and rate of pay therefor. (B) The requesting agency shall reimburse the Division of Workforce Services for costs incurred in providing the requested information. (2) The director shall promulgate rules establishing such safeguards as are necessary to ensure that information disclosed as authorized in this section to state and local child support enforcement agency officers and employees is used only for purposes of establishing and collecting child support obligations from and locating individuals owing the obligations and to ensure that information disclosed as authorized in this section to officers and employees of the United States Department of Agriculture and to officers and employees of any state food stamp agency is used only for purposes of determining an individual's eligibility for benefits or the amount of benefits under the food stamp program established under the Food Stamp Act of 1977. (3) Information requested by the Department of Human Services and the Department of Finance and Administration under this subsection shall be released to the appropriate divisions of the respective departments on a basis in accordance with a plan to be developed between the appropriate division of each department and the Division of Workforce Services. (4) (A) In addition to the above, wage information contained in the records of the Division of Workforce Services shall be made available to the extent necessary for purposes of determining an individual's eligibility for aid or services or the amount of the aid or services to which an individual may be entitled under a state plan for aid and services to needy families with children approved under Part A of Title IV of the Social Security Act to a state or political subdivision thereof charged with the responsibility of making the determinations when the information is specifically requested on an individual by name and Social Security number by the state or political subdivision for those purposes. (B) The governmental agency or entity requesting any information under this subsection shall reimburse the Division of Workforce Services for any and all costs incurred by the agency in making the requested information available. (5) (A) (i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations. (ii) All requests received by the director under this subsection shall be processed within three (3) business days. (B) The requesting agency shall reimburse the Division of Workforce Services for the costs incurred in providing the requested information. (i) (1) (A) (i) All records, files, and documents of the Division of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant. (ii) But no record, file, or document shall be removed from the custody of the Division of Workforce Services. (B) (i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant. (ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer. (2) No finding of fact or conclusion of law contained in a decision of the Division of Workforce Services, an appeals hearing officer, the Board of Review, or a court obtained under this chapter shall have a preclusive effect in any other action or proceeding except proceedings under this chapter. (j) (1) To the extent necessary for the proper verification of transactions affecting his or her account as provided in §§ 11-10-701 - 11-10-715 , upon receipt by the director of a request from an affected employer for information concerning benefits paid to a claimant who has been a base period employee of the employer, the director shall, as promptly as possible, furnish information regarding the periods of time for which benefits were paid and the amount of benefits chargeable to the employer that have been paid to the claimant up to the date of the employer's request for each worker the employer properly identifies in his or her request by Social Security number and name. (2) However, information regarding benefits charged more than one (1) year prior to the last computation date may not be given. (k) (1) (A) Upon receipt of a subpoena of a Workers' Compensation Commission administrative law judge by the director, information from an individual's claim record or from his or her application for work may be made available to the Workers' Compensation Commission for use in making administrative determinations under the Workers' Compensation Law, § 11-9-101 et seq., in court proceedings under that law, or in other actions reasonably necessary for the proper administration of the law. (B) Photocopies of Division of Workforce Services records containing the information shall be received in evidence in any court or administrative proceeding had under the law provided that the copies have been sealed with the official seal of the director. (2) The director shall not be obligated to make the information available unless: (A) The subpoena is delivered at least five (5) work days prior to the date the information is required; and (B) Payment of fifty dollars ($50.00) for the cost of producing the information is made or tendered at the time of service of the order or within three (3) working days of service of the order. (l) (1) Upon receipt of an order from a court of record of this state by the director for information pertaining to an individual's current wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services, the information shall be made available to the court for the purpose of determining an amount of support to be set during a proceeding for the establishment or collection of child support obligations, or both. (2) A photocopy of the records containing the information or a statement that no information for the requested individual is contained in the file of the Division of Workforce Services under the official seal of the director shall be received into evidence in the court of record. (3) The court order shall be satisfied by mailing the document under seal directly to the court of record within ten (10) working days of receipt of the court order unless a motion challenging the information is filed or a subpoena is issued requiring the appearance of an employee of the Division of Workforce Services with the court within thirty (30) days prior to the trial. (4) The director shall comply with the court order for information if the following conditions are met: (A) The order is delivered at least ten (10) workdays prior to the date that the information is required; (B) The court order includes the name and Social Security number of the individual for whom information is requested; and (C) The court order is accompanied by the payment of ten dollars ($10.00) by the moving party seeking the information to the Division of Workforce Services for costs associated with producing the information. (5) Provided, however, the Division of Workforce Services may not release information under this subsection if the United States Secretary of Labor rules that release of the information would be grounds to find that the state is in substantial noncompliance with 42 U.S.C. § 503 or 26 U.S.C. § 3304 . (m) (1) The director may provide information or take other actions necessitated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. (2) The director may furnish wage and claim information to the state and national New Hire Directories created by Pub. L. No. 104-193 for the purposes of locating individuals to establish paternity and to establish, modify, or enforce child support orders. The director may authorize state and local child support enforcement agencies to disclose unemployment compensation data to an agent and may permit state and local child support enforcement agencies to access such data for establishing paternity and other purposes. (3) Information requested pursuant to Pub. L. No. 104-193 shall only be released in accordance with an agreement between the Division of Workforce Services and the appropriate state or federal agency. Safeguards protecting the confidentiality of such data and reimbursement of costs for providing such information will be made part of the agreement. (n) The State Department for Social Security Administration Disability Determination may be provided employee wage files and unemployment claim records for the purpose of investigations for potential fraud. The State Department for Social Security Administration Disability Determination is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under this subsection. Reasonable costs will be required for producing this information. (o) The Workers' Compensation Fraud Investigation Unit may be furnished pursuant to a subpoena any individual's wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services. These records are being provided for the sole purpose of investigating potential workers' compensation fraud. The Workers' Compensation Fraud Investigation Unit is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under the provisions of this subsection. However, records provided to the Workers' Compensation Fraud Investigation Unit pursuant to this subsection may be made part of a Workers' Compensation Fraud Investigation Unit referral for criminal charges to a local prosecutor under § 11-9-106(d)(3) and used in any resulting criminal trial or prosecution, including cases tried by employees of the Workers' Compensation Fraud Investigation Unit under the provisions of § 11-9-106(e)(2) . Reasonable costs may be required for producing the subpoenaed information. (p) (1) (A) The director or a recipient of confidential information, when served with a subpoena or other compulsory process for production of confidential information or testimony upon a matter concerning the confidential information, shall file and diligently pursue a motion to quash the subpoena or other compulsory process if the court has not already ruled on the disclosure or if other means of avoiding the disclosure are unsuccessful. (B) The director or recipient of confidential information may disclose the confidential information only if the motion to quash is denied, but then only under such terms as the court orders to protect the confidentiality of the information and to reimburse the costs of disclosure to the Division of Workforce Services. (C) The recipient of confidential information, as a condition of receiving such information, shall be required to notify the director immediately upon being served with a subpoena or other compulsory process seeking disclosure of confidential information. (2) The motion to quash is not required by the director if: (A) The subpoena or other compulsory process has been served, and a court of competent jurisdiction has previously issued a binding precedential decision that requires disclosures of this type, or a well-established pattern of prior court decisions has required disclosures of this type; or (B) (i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant. (ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law. (3) (A) The director may release information in the possession of the Division of Workforce Services to federal public officials in the performance of their official duties acting through the United States Attorney's office. (B) The information will be disclosed under an information exchange agreement with the United States Attorney's office, which will ensure the protection of the confidentiality of the information and the cost of providing the information. (q) (1) To perform audit and compliance duties, federal and state agencies may be provided unemployment insurance contribution information reported by companies doing business in Arkansas, including without limitation employer name, employer address, employer telephone number, federal employer identification number, and tax identification number of employees. (2) The recipient agency shall not make any disclosure or redisclosure of the confidential information provided under subdivision (q)(1) of this section. (r) (1) (A) Grant funds paid to the state for unemployment compensation administration may be used to pay only the costs of those disclosures necessary for the proper administration of the unemployment compensation program in accordance with the requirements of applicable state and federal law. (B) All other costs for disclosures of confidential information shall be paid to the Division of Workforce Services by the recipient as a condition of receipt of the information in accordance with the requirements of applicable state and federal law. (2) (A) The director and the recipient of confidential data under this section shall enter into a data-sharing agreement in accordance with the requirements of applicable state and federal law. (B) In the event that a data-sharing agreement is not required, the recipient shall safeguard and hold secure the confidential data in accordance with the requirements of applicable state and federal law. (C) A publication of an analysis of confidential data shall be done in strict accordance with the rules used by the agency and as prescribed by the United States Bureau of Labor Statistics to prevent the disclosure of individual employer or individual claimant information, unless otherwise specifically authorized by federal law. Amended by Act 2023, No. 197,§ 2, eff. 3/6/2023. Amended by Act 2021, No. 649,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 815, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 814, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 813, eff. 7/24/2019. Amended by Act 2019, No. 242,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 220, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 219, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 218, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 217, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 216, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 215, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 214, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 213, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 212, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 211, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 210, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 209, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 208, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 207, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 206, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 205, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 204, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 203, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 201, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 14, eff. 8/1/2017. Amended by Act 2015, No. 907,§ 1, eff. 7/1/2015. Acts 1941, No. 391, § 11; 1949, No. 155, § 13; 1977, No. 226, § 1; 1977, No. 376, § 15; 1981, No. 43, § 16; 1983, No. 482, § 32; 1985, No. 8, §§ 17-21; 1985, No. 9, §§ 17-21; 1985, No. 293, § 1; 1985, No. 923, § 1; A.S.A. 1947, § 81-1114; Acts 1987, No. 753, § 19; 1989, No. 420, §§ 3, 4; 1991, No. 100, §§ 17-21; 1991, No. 869, § 1; 1993, No. 6, § 4; 1995, No. 519, §§ 3, 4; 1997, No. 234, §§ 7-11; 1997, No. 540, § 14; 1999, No. 1116, §§ 6-8; 2001, No. 1367, §§ 1, 2; 2001, No. 1467, § 2; 2001, No. 1477, § 1; 2003, No. 1223, § 3; 2003, No. 1341, §§ 1, 2; 2005, No. 1845, § 2; 2009, No. 273, § 1; 2009, No. 504, § 1.

(a) (1) Except as otherwise provided in this section, information obtained by the Director of the Division of Workforce Services from any employing unit or individual pursuant to the administration of this chapter, and the methods used by the Division of Workforce Services to identify and investigate fraudulent claims, and any determination as to the rights or status of any employer or individual made by the director pursuant to the administration of this chapter shall be held confidential, shall be protected by government privilege, and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) The information in subdivision (a)(1) of this section shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Division of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions associated with this chapter. (B) This information shall not be otherwise disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.

(1) Except as otherwise provided in this section, information obtained by the Director of the Division of Workforce Services from any employing unit or individual pursuant to the administration of this chapter, and the methods used by the Division of Workforce Services to identify and investigate fraudulent claims, and any determination as to the rights or status of any employer or individual made by the director pursuant to the administration of this chapter shall be held confidential, shall be protected by government privilege, and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) (A) The information in subdivision (a)(1) of this section shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Division of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions associated with this chapter. (B) This information shall not be otherwise disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.

(A) The information in subdivision (a)(1) of this section shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Division of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions associated with this chapter.

(B) This information shall not be otherwise disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.

(b) (1) Upon request, information from the records of the Division of Workforce Services that concerns a claim for benefits shall be provided to any interested party to the extent necessary for the proper representation of his or her position in any proceeding under this chapter. (2) Notwithstanding any other provision of this chapter or any other law: (A) Upon request, a claimant may be provided with any information contained only in the payment record of his or her unemployment insurance benefit claim or with information on his or her most recent monetary determination; (B) In the absence of a pending proceeding under this chapter, confidential information from the records of the Division of Workforce Services may upon request be provided only to an: (i) Individual to the extent that the information was provided by that individual; or (ii) Employer to the extent that the information was provided by that employer; and (C) Upon request, a job applicant may be provided with evidence of his or her registration for work. (3) An individual or employer who may obtain confidential information under this subsection may authorize the disclosure of the confidential information on his or her behalf on the basis of informed consent as follows: (A) To an agent who acts for or in the place of an individual or an employer by the authority of that individual or employer as follows: (i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law; (ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or (iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or (B) To a third party, other than an agent, or a disclosure made on an ongoing basis even if to an agent, but only if: (i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and (ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains.

(1) Upon request, information from the records of the Division of Workforce Services that concerns a claim for benefits shall be provided to any interested party to the extent necessary for the proper representation of his or her position in any proceeding under this chapter.

(2) Notwithstanding any other provision of this chapter or any other law: (A) Upon request, a claimant may be provided with any information contained only in the payment record of his or her unemployment insurance benefit claim or with information on his or her most recent monetary determination; (B) In the absence of a pending proceeding under this chapter, confidential information from the records of the Division of Workforce Services may upon request be provided only to an: (i) Individual to the extent that the information was provided by that individual; or (ii) Employer to the extent that the information was provided by that employer; and (C) Upon request, a job applicant may be provided with evidence of his or her registration for work.

(A) Upon request, a claimant may be provided with any information contained only in the payment record of his or her unemployment insurance benefit claim or with information on his or her most recent monetary determination;

(B) In the absence of a pending proceeding under this chapter, confidential information from the records of the Division of Workforce Services may upon request be provided only to an: (i) Individual to the extent that the information was provided by that individual; or (ii) Employer to the extent that the information was provided by that employer; and

(i) Individual to the extent that the information was provided by that individual; or

(ii) Employer to the extent that the information was provided by that employer; and

(C) Upon request, a job applicant may be provided with evidence of his or her registration for work.

(3) An individual or employer who may obtain confidential information under this subsection may authorize the disclosure of the confidential information on his or her behalf on the basis of informed consent as follows: (A) To an agent who acts for or in the place of an individual or an employer by the authority of that individual or employer as follows: (i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law; (ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or (iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or (B) To a third party, other than an agent, or a disclosure made on an ongoing basis even if to an agent, but only if: (i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and (ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains.

(A) To an agent who acts for or in the place of an individual or an employer by the authority of that individual or employer as follows: (i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law; (ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or (iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or

(i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law;

(ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or

(iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or

(B) To a third party, other than an agent, or a disclosure made on an ongoing basis even if to an agent, but only if: (i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and (ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains.

(i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and

(a) Is signed by the individual or employer to whom the confidential information pertains;

(b) Contains a statement specifically identifying the confidential information to be disclosed;

(c) Contains a statement that state government files will be accessed to obtain the confidential information;

(d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and

(e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and

(ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains.

(a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or

(b) Carrying out administration or evaluation of a public program to which the release pertains.

(c) (1) Except as otherwise provided in this section, upon request, the director may provide the confidential information to a public official for use in the performance of his or her official duties in compliance with applicable state and federal law. (2) Confidential information that may be disclosed to a public official may also be disclosed to the agent or contractor of the public official, subject to the same terms and conditions applicable to the disclosure to the public official and subject to the written agreement between the director and the public official that the public official shall be responsible for ensuring that the agent or contractor complies with the requirements of applicable state and federal law.

(1) Except as otherwise provided in this section, upon request, the director may provide the confidential information to a public official for use in the performance of his or her official duties in compliance with applicable state and federal law.

(2) Confidential information that may be disclosed to a public official may also be disclosed to the agent or contractor of the public official, subject to the same terms and conditions applicable to the disclosure to the public official and subject to the written agreement between the director and the public official that the public official shall be responsible for ensuring that the agent or contractor complies with the requirements of applicable state and federal law.

(d) (1) (A) The confidential information may be made available to any agency of this or any other state, or to any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the Internal Revenue Service for unemployment compensation tax administration, to the United States Citizenship and Immigration Services for verifying the claimant's immigration status, to the Office of Federal Contract Compliance Programs, to the United States Bureau of Labor Statistics for use exclusively for statistical purposes under a cooperative agreement, or to any state or federal agency for income or eligibility verification purposes if mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor or unless otherwise provided for in this section and §§ 11-10-306 - 11-10-312 and 11-10-315 - 11-10-318 . (B) The information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service. (2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.

(1) (A) The confidential information may be made available to any agency of this or any other state, or to any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the Internal Revenue Service for unemployment compensation tax administration, to the United States Citizenship and Immigration Services for verifying the claimant's immigration status, to the Office of Federal Contract Compliance Programs, to the United States Bureau of Labor Statistics for use exclusively for statistical purposes under a cooperative agreement, or to any state or federal agency for income or eligibility verification purposes if mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor or unless otherwise provided for in this section and §§ 11-10-306 - 11-10-312 and 11-10-315 - 11-10-318 . (B) The information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service.

(A) The confidential information may be made available to any agency of this or any other state, or to any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the Internal Revenue Service for unemployment compensation tax administration, to the United States Citizenship and Immigration Services for verifying the claimant's immigration status, to the Office of Federal Contract Compliance Programs, to the United States Bureau of Labor Statistics for use exclusively for statistical purposes under a cooperative agreement, or to any state or federal agency for income or eligibility verification purposes if mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor or unless otherwise provided for in this section and §§ 11-10-306 - 11-10-312 and 11-10-315 - 11-10-318 .

(B) The information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service.

(2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.

(e) The director may request the United States Comptroller of the Currency to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter and may in connection with this request transmit any report or return to the United States Comptroller of the Currency as provided in applicable state and federal law.

(f) Upon request, the director shall make unemployment compensation records available to the United States Railroad Retirement Board and shall furnish copies of the records to the United States Railroad Retirement Board as the United States Railroad Retirement Board deems necessary for its purposes.

(g) (1) Information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by the Division of Workforce Services, in compliance with applicable state and federal law, may be disclosed: (A) To public officials; (B) To agents or contractors of public officials; and (C) On the basis of informed consent. (2) (A) In order to comply with section 116(e)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, the director shall, to the extent practicable, cooperate in the conduct of evaluations of state programs as identified in section 116(e)(1) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, including related research projects and as provided for by the United States Secretary of Labor or the United States Secretary of Education. (B) Upon request, the director shall make confidential information available to a federal official or an agent or contractor of a federal official requesting the information in the course of the evaluations.

(1) Information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by the Division of Workforce Services, in compliance with applicable state and federal law, may be disclosed: (A) To public officials; (B) To agents or contractors of public officials; and (C) On the basis of informed consent.

(A) To public officials;

(B) To agents or contractors of public officials; and

(C) On the basis of informed consent.

(2) (A) In order to comply with section 116(e)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, the director shall, to the extent practicable, cooperate in the conduct of evaluations of state programs as identified in section 116(e)(1) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, including related research projects and as provided for by the United States Secretary of Labor or the United States Secretary of Education. (B) Upon request, the director shall make confidential information available to a federal official or an agent or contractor of a federal official requesting the information in the course of the evaluations.

(A) In order to comply with section 116(e)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, the director shall, to the extent practicable, cooperate in the conduct of evaluations of state programs as identified in section 116(e)(1) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, including related research projects and as provided for by the United States Secretary of Labor or the United States Secretary of Education.

(B) Upon request, the director shall make confidential information available to a federal official or an agent or contractor of a federal official requesting the information in the course of the evaluations.

(h) (1) (A) Upon request of a public agency administering or supervising the administration of a state plan of Temporary Assistance for Needy Families approved under Part A of Title IV of the Social Security Act, or the administration of a state plan of medical assistance approved under Title XIX of the Social Security Act, the administration of a state plan of food stamps approved under the Food Stamp Act of 1977, Pub. L. No. 95-113, request of a public agency charged with any duty or responsibility authorized or required under the Child Support and Establishment of Paternity Program provisions of Part D of Title IV of the Social Security Act, or request of officers or employees of the United States Department of Agriculture, the director shall furnish to the public agency information contained in the files of the Division of Workforce Services with respect to any individual specified in the request as to whether the individual is receiving, has received, or has made application for unemployment compensation, the date the individual was determined eligible or ineligible, the date the individual's claim was exhausted, the weekly benefit amount actually paid and the date paid, the individual's weekly benefit amount, whether the individual is receiving or has received wages, the name and address of the employer from whom the wages have been received and the amount of any wages received by the individual, the current or most recent home address of the individual, whether the individual has refused an offer of employment, and, if so, a description of the employment so offered, including, but not limited to, the terms, conditions, and rate of pay therefor. (B) The requesting agency shall reimburse the Division of Workforce Services for costs incurred in providing the requested information. (2) The director shall promulgate rules establishing such safeguards as are necessary to ensure that information disclosed as authorized in this section to state and local child support enforcement agency officers and employees is used only for purposes of establishing and collecting child support obligations from and locating individuals owing the obligations and to ensure that information disclosed as authorized in this section to officers and employees of the United States Department of Agriculture and to officers and employees of any state food stamp agency is used only for purposes of determining an individual's eligibility for benefits or the amount of benefits under the food stamp program established under the Food Stamp Act of 1977. (3) Information requested by the Department of Human Services and the Department of Finance and Administration under this subsection shall be released to the appropriate divisions of the respective departments on a basis in accordance with a plan to be developed between the appropriate division of each department and the Division of Workforce Services. (4) (A) In addition to the above, wage information contained in the records of the Division of Workforce Services shall be made available to the extent necessary for purposes of determining an individual's eligibility for aid or services or the amount of the aid or services to which an individual may be entitled under a state plan for aid and services to needy families with children approved under Part A of Title IV of the Social Security Act to a state or political subdivision thereof charged with the responsibility of making the determinations when the information is specifically requested on an individual by name and Social Security number by the state or political subdivision for those purposes. (B) The governmental agency or entity requesting any information under this subsection shall reimburse the Division of Workforce Services for any and all costs incurred by the agency in making the requested information available. (5) (A) (i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations. (ii) All requests received by the director under this subsection shall be processed within three (3) business days. (B) The requesting agency shall reimburse the Division of Workforce Services for the costs incurred in providing the requested information.

(1) (A) Upon request of a public agency administering or supervising the administration of a state plan of Temporary Assistance for Needy Families approved under Part A of Title IV of the Social Security Act, or the administration of a state plan of medical assistance approved under Title XIX of the Social Security Act, the administration of a state plan of food stamps approved under the Food Stamp Act of 1977, Pub. L. No. 95-113, request of a public agency charged with any duty or responsibility authorized or required under the Child Support and Establishment of Paternity Program provisions of Part D of Title IV of the Social Security Act, or request of officers or employees of the United States Department of Agriculture, the director shall furnish to the public agency information contained in the files of the Division of Workforce Services with respect to any individual specified in the request as to whether the individual is receiving, has received, or has made application for unemployment compensation, the date the individual was determined eligible or ineligible, the date the individual's claim was exhausted, the weekly benefit amount actually paid and the date paid, the individual's weekly benefit amount, whether the individual is receiving or has received wages, the name and address of the employer from whom the wages have been received and the amount of any wages received by the individual, the current or most recent home address of the individual, whether the individual has refused an offer of employment, and, if so, a description of the employment so offered, including, but not limited to, the terms, conditions, and rate of pay therefor. (B) The requesting agency shall reimburse the Division of Workforce Services for costs incurred in providing the requested information.

(A) Upon request of a public agency administering or supervising the administration of a state plan of Temporary Assistance for Needy Families approved under Part A of Title IV of the Social Security Act, or the administration of a state plan of medical assistance approved under Title XIX of the Social Security Act, the administration of a state plan of food stamps approved under the Food Stamp Act of 1977, Pub. L. No. 95-113, request of a public agency charged with any duty or responsibility authorized or required under the Child Support and Establishment of Paternity Program provisions of Part D of Title IV of the Social Security Act, or request of officers or employees of the United States Department of Agriculture, the director shall furnish to the public agency information contained in the files of the Division of Workforce Services with respect to any individual specified in the request as to whether the individual is receiving, has received, or has made application for unemployment compensation, the date the individual was determined eligible or ineligible, the date the individual's claim was exhausted, the weekly benefit amount actually paid and the date paid, the individual's weekly benefit amount, whether the individual is receiving or has received wages, the name and address of the employer from whom the wages have been received and the amount of any wages received by the individual, the current or most recent home address of the individual, whether the individual has refused an offer of employment, and, if so, a description of the employment so offered, including, but not limited to, the terms, conditions, and rate of pay therefor.

(B) The requesting agency shall reimburse the Division of Workforce Services for costs incurred in providing the requested information.

(2) The director shall promulgate rules establishing such safeguards as are necessary to ensure that information disclosed as authorized in this section to state and local child support enforcement agency officers and employees is used only for purposes of establishing and collecting child support obligations from and locating individuals owing the obligations and to ensure that information disclosed as authorized in this section to officers and employees of the United States Department of Agriculture and to officers and employees of any state food stamp agency is used only for purposes of determining an individual's eligibility for benefits or the amount of benefits under the food stamp program established under the Food Stamp Act of 1977.

(3) Information requested by the Department of Human Services and the Department of Finance and Administration under this subsection shall be released to the appropriate divisions of the respective departments on a basis in accordance with a plan to be developed between the appropriate division of each department and the Division of Workforce Services.

(4) (A) In addition to the above, wage information contained in the records of the Division of Workforce Services shall be made available to the extent necessary for purposes of determining an individual's eligibility for aid or services or the amount of the aid or services to which an individual may be entitled under a state plan for aid and services to needy families with children approved under Part A of Title IV of the Social Security Act to a state or political subdivision thereof charged with the responsibility of making the determinations when the information is specifically requested on an individual by name and Social Security number by the state or political subdivision for those purposes. (B) The governmental agency or entity requesting any information under this subsection shall reimburse the Division of Workforce Services for any and all costs incurred by the agency in making the requested information available.

(A) In addition to the above, wage information contained in the records of the Division of Workforce Services shall be made available to the extent necessary for purposes of determining an individual's eligibility for aid or services or the amount of the aid or services to which an individual may be entitled under a state plan for aid and services to needy families with children approved under Part A of Title IV of the Social Security Act to a state or political subdivision thereof charged with the responsibility of making the determinations when the information is specifically requested on an individual by name and Social Security number by the state or political subdivision for those purposes.

(B) The governmental agency or entity requesting any information under this subsection shall reimburse the Division of Workforce Services for any and all costs incurred by the agency in making the requested information available.

(5) (A) (i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations. (ii) All requests received by the director under this subsection shall be processed within three (3) business days. (B) The requesting agency shall reimburse the Division of Workforce Services for the costs incurred in providing the requested information.

(A) (i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations. (ii) All requests received by the director under this subsection shall be processed within three (3) business days.

(i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations.

(ii) All requests received by the director under this subsection shall be processed within three (3) business days.

(B) The requesting agency shall reimburse the Division of Workforce Services for the costs incurred in providing the requested information.

(i) (1) (A) (i) All records, files, and documents of the Division of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant. (ii) But no record, file, or document shall be removed from the custody of the Division of Workforce Services. (B) (i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant. (ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer. (2) No finding of fact or conclusion of law contained in a decision of the Division of Workforce Services, an appeals hearing officer, the Board of Review, or a court obtained under this chapter shall have a preclusive effect in any other action or proceeding except proceedings under this chapter.

(1) (A) (i) All records, files, and documents of the Division of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant. (ii) But no record, file, or document shall be removed from the custody of the Division of Workforce Services. (B) (i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant. (ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer.

(A) (i) All records, files, and documents of the Division of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant. (ii) But no record, file, or document shall be removed from the custody of the Division of Workforce Services.

(i) All records, files, and documents of the Division of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant.

(ii) But no record, file, or document shall be removed from the custody of the Division of Workforce Services.

(B) (i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant. (ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer.

(i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant.

(ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer.

(2) No finding of fact or conclusion of law contained in a decision of the Division of Workforce Services, an appeals hearing officer, the Board of Review, or a court obtained under this chapter shall have a preclusive effect in any other action or proceeding except proceedings under this chapter.

(j) (1) To the extent necessary for the proper verification of transactions affecting his or her account as provided in §§ 11-10-701 - 11-10-715 , upon receipt by the director of a request from an affected employer for information concerning benefits paid to a claimant who has been a base period employee of the employer, the director shall, as promptly as possible, furnish information regarding the periods of time for which benefits were paid and the amount of benefits chargeable to the employer that have been paid to the claimant up to the date of the employer's request for each worker the employer properly identifies in his or her request by Social Security number and name. (2) However, information regarding benefits charged more than one (1) year prior to the last computation date may not be given.

(1) To the extent necessary for the proper verification of transactions affecting his or her account as provided in §§ 11-10-701 - 11-10-715 , upon receipt by the director of a request from an affected employer for information concerning benefits paid to a claimant who has been a base period employee of the employer, the director shall, as promptly as possible, furnish information regarding the periods of time for which benefits were paid and the amount of benefits chargeable to the employer that have been paid to the claimant up to the date of the employer's request for each worker the employer properly identifies in his or her request by Social Security number and name.

(2) However, information regarding benefits charged more than one (1) year prior to the last computation date may not be given.

(k) (1) (A) Upon receipt of a subpoena of a Workers' Compensation Commission administrative law judge by the director, information from an individual's claim record or from his or her application for work may be made available to the Workers' Compensation Commission for use in making administrative determinations under the Workers' Compensation Law, § 11-9-101 et seq., in court proceedings under that law, or in other actions reasonably necessary for the proper administration of the law. (B) Photocopies of Division of Workforce Services records containing the information shall be received in evidence in any court or administrative proceeding had under the law provided that the copies have been sealed with the official seal of the director. (2) The director shall not be obligated to make the information available unless: (A) The subpoena is delivered at least five (5) work days prior to the date the information is required; and (B) Payment of fifty dollars ($50.00) for the cost of producing the information is made or tendered at the time of service of the order or within three (3) working days of service of the order.

(1) (A) Upon receipt of a subpoena of a Workers' Compensation Commission administrative law judge by the director, information from an individual's claim record or from his or her application for work may be made available to the Workers' Compensation Commission for use in making administrative determinations under the Workers' Compensation Law, § 11-9-101 et seq., in court proceedings under that law, or in other actions reasonably necessary for the proper administration of the law. (B) Photocopies of Division of Workforce Services records containing the information shall be received in evidence in any court or administrative proceeding had under the law provided that the copies have been sealed with the official seal of the director.

(A) Upon receipt of a subpoena of a Workers' Compensation Commission administrative law judge by the director, information from an individual's claim record or from his or her application for work may be made available to the Workers' Compensation Commission for use in making administrative determinations under the Workers' Compensation Law, § 11-9-101 et seq., in court proceedings under that law, or in other actions reasonably necessary for the proper administration of the law.

(B) Photocopies of Division of Workforce Services records containing the information shall be received in evidence in any court or administrative proceeding had under the law provided that the copies have been sealed with the official seal of the director.

(2) The director shall not be obligated to make the information available unless: (A) The subpoena is delivered at least five (5) work days prior to the date the information is required; and (B) Payment of fifty dollars ($50.00) for the cost of producing the information is made or tendered at the time of service of the order or within three (3) working days of service of the order.

(A) The subpoena is delivered at least five (5) work days prior to the date the information is required; and

(B) Payment of fifty dollars ($50.00) for the cost of producing the information is made or tendered at the time of service of the order or within three (3) working days of service of the order.

(l) (1) Upon receipt of an order from a court of record of this state by the director for information pertaining to an individual's current wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services, the information shall be made available to the court for the purpose of determining an amount of support to be set during a proceeding for the establishment or collection of child support obligations, or both. (2) A photocopy of the records containing the information or a statement that no information for the requested individual is contained in the file of the Division of Workforce Services under the official seal of the director shall be received into evidence in the court of record. (3) The court order shall be satisfied by mailing the document under seal directly to the court of record within ten (10) working days of receipt of the court order unless a motion challenging the information is filed or a subpoena is issued requiring the appearance of an employee of the Division of Workforce Services with the court within thirty (30) days prior to the trial. (4) The director shall comply with the court order for information if the following conditions are met: (A) The order is delivered at least ten (10) workdays prior to the date that the information is required; (B) The court order includes the name and Social Security number of the individual for whom information is requested; and (C) The court order is accompanied by the payment of ten dollars ($10.00) by the moving party seeking the information to the Division of Workforce Services for costs associated with producing the information. (5) Provided, however, the Division of Workforce Services may not release information under this subsection if the United States Secretary of Labor rules that release of the information would be grounds to find that the state is in substantial noncompliance with 42 U.S.C. § 503 or 26 U.S.C. § 3304 .

(1) Upon receipt of an order from a court of record of this state by the director for information pertaining to an individual's current wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services, the information shall be made available to the court for the purpose of determining an amount of support to be set during a proceeding for the establishment or collection of child support obligations, or both.

(2) A photocopy of the records containing the information or a statement that no information for the requested individual is contained in the file of the Division of Workforce Services under the official seal of the director shall be received into evidence in the court of record.

(3) The court order shall be satisfied by mailing the document under seal directly to the court of record within ten (10) working days of receipt of the court order unless a motion challenging the information is filed or a subpoena is issued requiring the appearance of an employee of the Division of Workforce Services with the court within thirty (30) days prior to the trial.

(4) The director shall comply with the court order for information if the following conditions are met: (A) The order is delivered at least ten (10) workdays prior to the date that the information is required; (B) The court order includes the name and Social Security number of the individual for whom information is requested; and (C) The court order is accompanied by the payment of ten dollars ($10.00) by the moving party seeking the information to the Division of Workforce Services for costs associated with producing the information.

(A) The order is delivered at least ten (10) workdays prior to the date that the information is required;

(B) The court order includes the name and Social Security number of the individual for whom information is requested; and

(C) The court order is accompanied by the payment of ten dollars ($10.00) by the moving party seeking the information to the Division of Workforce Services for costs associated with producing the information.

(5) Provided, however, the Division of Workforce Services may not release information under this subsection if the United States Secretary of Labor rules that release of the information would be grounds to find that the state is in substantial noncompliance with 42 U.S.C. § 503 or 26 U.S.C. § 3304 .

(m) (1) The director may provide information or take other actions necessitated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193. (2) The director may furnish wage and claim information to the state and national New Hire Directories created by Pub. L. No. 104-193 for the purposes of locating individuals to establish paternity and to establish, modify, or enforce child support orders. The director may authorize state and local child support enforcement agencies to disclose unemployment compensation data to an agent and may permit state and local child support enforcement agencies to access such data for establishing paternity and other purposes. (3) Information requested pursuant to Pub. L. No. 104-193 shall only be released in accordance with an agreement between the Division of Workforce Services and the appropriate state or federal agency. Safeguards protecting the confidentiality of such data and reimbursement of costs for providing such information will be made part of the agreement.

(1) The director may provide information or take other actions necessitated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.

(2) The director may furnish wage and claim information to the state and national New Hire Directories created by Pub. L. No. 104-193 for the purposes of locating individuals to establish paternity and to establish, modify, or enforce child support orders. The director may authorize state and local child support enforcement agencies to disclose unemployment compensation data to an agent and may permit state and local child support enforcement agencies to access such data for establishing paternity and other purposes.

(3) Information requested pursuant to Pub. L. No. 104-193 shall only be released in accordance with an agreement between the Division of Workforce Services and the appropriate state or federal agency. Safeguards protecting the confidentiality of such data and reimbursement of costs for providing such information will be made part of the agreement.

(n) The State Department for Social Security Administration Disability Determination may be provided employee wage files and unemployment claim records for the purpose of investigations for potential fraud. The State Department for Social Security Administration Disability Determination is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under this subsection. Reasonable costs will be required for producing this information.

(o) The Workers' Compensation Fraud Investigation Unit may be furnished pursuant to a subpoena any individual's wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services. These records are being provided for the sole purpose of investigating potential workers' compensation fraud. The Workers' Compensation Fraud Investigation Unit is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under the provisions of this subsection. However, records provided to the Workers' Compensation Fraud Investigation Unit pursuant to this subsection may be made part of a Workers' Compensation Fraud Investigation Unit referral for criminal charges to a local prosecutor under § 11-9-106(d)(3) and used in any resulting criminal trial or prosecution, including cases tried by employees of the Workers' Compensation Fraud Investigation Unit under the provisions of § 11-9-106(e)(2) . Reasonable costs may be required for producing the subpoenaed information.

(p) (1) (A) The director or a recipient of confidential information, when served with a subpoena or other compulsory process for production of confidential information or testimony upon a matter concerning the confidential information, shall file and diligently pursue a motion to quash the subpoena or other compulsory process if the court has not already ruled on the disclosure or if other means of avoiding the disclosure are unsuccessful. (B) The director or recipient of confidential information may disclose the confidential information only if the motion to quash is denied, but then only under such terms as the court orders to protect the confidentiality of the information and to reimburse the costs of disclosure to the Division of Workforce Services. (C) The recipient of confidential information, as a condition of receiving such information, shall be required to notify the director immediately upon being served with a subpoena or other compulsory process seeking disclosure of confidential information. (2) The motion to quash is not required by the director if: (A) The subpoena or other compulsory process has been served, and a court of competent jurisdiction has previously issued a binding precedential decision that requires disclosures of this type, or a well-established pattern of prior court decisions has required disclosures of this type; or (B) (i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant. (ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law. (3) (A) The director may release information in the possession of the Division of Workforce Services to federal public officials in the performance of their official duties acting through the United States Attorney's office. (B) The information will be disclosed under an information exchange agreement with the United States Attorney's office, which will ensure the protection of the confidentiality of the information and the cost of providing the information.

(1) (A) The director or a recipient of confidential information, when served with a subpoena or other compulsory process for production of confidential information or testimony upon a matter concerning the confidential information, shall file and diligently pursue a motion to quash the subpoena or other compulsory process if the court has not already ruled on the disclosure or if other means of avoiding the disclosure are unsuccessful. (B) The director or recipient of confidential information may disclose the confidential information only if the motion to quash is denied, but then only under such terms as the court orders to protect the confidentiality of the information and to reimburse the costs of disclosure to the Division of Workforce Services. (C) The recipient of confidential information, as a condition of receiving such information, shall be required to notify the director immediately upon being served with a subpoena or other compulsory process seeking disclosure of confidential information.

(A) The director or a recipient of confidential information, when served with a subpoena or other compulsory process for production of confidential information or testimony upon a matter concerning the confidential information, shall file and diligently pursue a motion to quash the subpoena or other compulsory process if the court has not already ruled on the disclosure or if other means of avoiding the disclosure are unsuccessful.

(B) The director or recipient of confidential information may disclose the confidential information only if the motion to quash is denied, but then only under such terms as the court orders to protect the confidentiality of the information and to reimburse the costs of disclosure to the Division of Workforce Services.

(C) The recipient of confidential information, as a condition of receiving such information, shall be required to notify the director immediately upon being served with a subpoena or other compulsory process seeking disclosure of confidential information.

(2) The motion to quash is not required by the director if: (A) The subpoena or other compulsory process has been served, and a court of competent jurisdiction has previously issued a binding precedential decision that requires disclosures of this type, or a well-established pattern of prior court decisions has required disclosures of this type; or (B) (i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant. (ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law.

(A) The subpoena or other compulsory process has been served, and a court of competent jurisdiction has previously issued a binding precedential decision that requires disclosures of this type, or a well-established pattern of prior court decisions has required disclosures of this type; or

(B) (i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant. (ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law.

(i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant.

(ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law.

(3) (A) The director may release information in the possession of the Division of Workforce Services to federal public officials in the performance of their official duties acting through the United States Attorney's office. (B) The information will be disclosed under an information exchange agreement with the United States Attorney's office, which will ensure the protection of the confidentiality of the information and the cost of providing the information.

(A) The director may release information in the possession of the Division of Workforce Services to federal public officials in the performance of their official duties acting through the United States Attorney's office.

(B) The information will be disclosed under an information exchange agreement with the United States Attorney's office, which will ensure the protection of the confidentiality of the information and the cost of providing the information.

(q) (1) To perform audit and compliance duties, federal and state agencies may be provided unemployment insurance contribution information reported by companies doing business in Arkansas, including without limitation employer name, employer address, employer telephone number, federal employer identification number, and tax identification number of employees. (2) The recipient agency shall not make any disclosure or redisclosure of the confidential information provided under subdivision (q)(1) of this section.

(1) To perform audit and compliance duties, federal and state agencies may be provided unemployment insurance contribution information reported by companies doing business in Arkansas, including without limitation employer name, employer address, employer telephone number, federal employer identification number, and tax identification number of employees.

(2) The recipient agency shall not make any disclosure or redisclosure of the confidential information provided under subdivision (q)(1) of this section.

(r) (1) (A) Grant funds paid to the state for unemployment compensation administration may be used to pay only the costs of those disclosures necessary for the proper administration of the unemployment compensation program in accordance with the requirements of applicable state and federal law. (B) All other costs for disclosures of confidential information shall be paid to the Division of Workforce Services by the recipient as a condition of receipt of the information in accordance with the requirements of applicable state and federal law. (2) (A) The director and the recipient of confidential data under this section shall enter into a data-sharing agreement in accordance with the requirements of applicable state and federal law. (B) In the event that a data-sharing agreement is not required, the recipient shall safeguard and hold secure the confidential data in accordance with the requirements of applicable state and federal law. (C) A publication of an analysis of confidential data shall be done in strict accordance with the rules used by the agency and as prescribed by the United States Bureau of Labor Statistics to prevent the disclosure of individual employer or individual claimant information, unless otherwise specifically authorized by federal law.

(1) (A) Grant funds paid to the state for unemployment compensation administration may be used to pay only the costs of those disclosures necessary for the proper administration of the unemployment compensation program in accordance with the requirements of applicable state and federal law. (B) All other costs for disclosures of confidential information shall be paid to the Division of Workforce Services by the recipient as a condition of receipt of the information in accordance with the requirements of applicable state and federal law.

(A) Grant funds paid to the state for unemployment compensation administration may be used to pay only the costs of those disclosures necessary for the proper administration of the unemployment compensation program in accordance with the requirements of applicable state and federal law.

(B) All other costs for disclosures of confidential information shall be paid to the Division of Workforce Services by the recipient as a condition of receipt of the information in accordance with the requirements of applicable state and federal law.

(2) (A) The director and the recipient of confidential data under this section shall enter into a data-sharing agreement in accordance with the requirements of applicable state and federal law. (B) In the event that a data-sharing agreement is not required, the recipient shall safeguard and hold secure the confidential data in accordance with the requirements of applicable state and federal law. (C) A publication of an analysis of confidential data shall be done in strict accordance with the rules used by the agency and as prescribed by the United States Bureau of Labor Statistics to prevent the disclosure of individual employer or individual claimant information, unless otherwise specifically authorized by federal law.

(A) The director and the recipient of confidential data under this section shall enter into a data-sharing agreement in accordance with the requirements of applicable state and federal law.

(B) In the event that a data-sharing agreement is not required, the recipient shall safeguard and hold secure the confidential data in accordance with the requirements of applicable state and federal law.

(C) A publication of an analysis of confidential data shall be done in strict accordance with the rules used by the agency and as prescribed by the United States Bureau of Labor Statistics to prevent the disclosure of individual employer or individual claimant information, unless otherwise specifically authorized by federal law.

Amended by Act 2023, No. 197,§ 2, eff. 3/6/2023.

Amended by Act 2021, No. 649,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 8, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 6, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 5, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 649,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 815, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 814, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 813, eff. 7/24/2019.

Amended by Act 2019, No. 242,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 220, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 219, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 218, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 217, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 216, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 215, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 214, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 213, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 212, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 211, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 210, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 209, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 208, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 207, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 206, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 205, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 204, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 203, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 202, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 201, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 14, eff. 8/1/2017.

Amended by Act 2015, No. 907,§ 1, eff. 7/1/2015.

Acts 1941, No. 391, § 11; 1949, No. 155, § 13; 1977, No. 226, § 1; 1977, No. 376, § 15; 1981, No. 43, § 16; 1983, No. 482, § 32; 1985, No. 8, §§ 17-21; 1985, No. 9, §§ 17-21; 1985, No. 293, § 1; 1985, No. 923, § 1; A.S.A. 1947, § 81-1114; Acts 1987, No. 753, § 19; 1989, No. 420, §§ 3, 4; 1991, No. 100, §§ 17-21; 1991, No. 869, § 1; 1993, No. 6, § 4; 1995, No. 519, §§ 3, 4; 1997, No. 234, §§ 7-11; 1997, No. 540, § 14; 1999, No. 1116, §§ 6-8; 2001, No. 1367, §§ 1, 2; 2001, No. 1467, § 2; 2001, No. 1477, § 1; 2003, No. 1223, § 3; 2003, No. 1341, §§ 1, 2; 2005, No. 1845, § 2; 2009, No. 273, § 1; 2009, No. 504, § 1.
Ark. Code Ann. § 11-5-115 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-115
Prevention of workplace violence
Status: in_force

(a) If an employer or an employer's employee or invitee has: (1) Suffered unlawful violence by an individual as defined by § 5-13-310 , terroristic act; § 5-14-103 , rape; §§ 5-13-201 - 5-13-203 , battery; §§ 5-26-301 - 5-26-309 , domestic battering and assault on a family or household member; or a crime of violence as defined by § 5-73-202(1) ; (2) Received a threat of violence by an individual which can reasonably be construed as a threat which may be carried out at the work site as defined by § 5-13-301 , terroristic threatening; § 5-38-202 , threatening a catastrophe; §§ 5-13-204 - 5-13-207 , assault; or §§ 5-26-304 - 5-26-306 , domestic battering; or (3) Been stalked or harassed at the work site as defined by § 5-71-213 , loitering; § 5-39-203 , criminal trespass; § 5-71-208 , harassment; or § 5-71-229 , stalking, the employer may, in addition to, or instead of, filing criminal charges against the individual, seek a temporary restraining order, a preliminary injunction, or an injunction under Arkansas Rule of Civil Procedure 65 prohibiting further unlawful acts by that individual at the work site, which shall include any place at which work is being performed on behalf of the employer. (b) (1) Proof by a preponderance of the evidence of any action described in subsection (a) of this section shall constitute irreparable harm or damage to the employer or employer's employee or invitee. (2) Upon the granting of any restraining order, preliminary injunction, or injunction, the court may, among other appropriate orders: (A) Order the defendant not to visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site; (B) Order the defendant to cease stalking the employer's employee or invitee at the employer's work site; (C) Order the defendant to cease harassment of the employer or the employer's employee or invitee at the employer's work site; (D) Order the defendant not to abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's work site; (E) Order the defendant not to telephone the employer or the employer's employee or invitee at the employer's work site; or (F) Such other necessary and appropriate relief as is deemed appropriate in the discretion of the court. (c) When necessary to protect the employer or the employer's employee, invitee, or property, and when authorized by the court, temporary restraining orders, preliminary injunctions, and injunctions granted under this section may be served upon the defendant by a peace officer, sheriff, constable, police officer, other law enforcement officer whose duty it is to preserve the peace, or by any other person authorized by law to serve process, with appropriate orders to the officials to enforce the court's order. (d) Unless specifically modified or terminated by the issuing judge, all orders and injunctions issued under this section shall have statewide validity and may be enforced by the issuing court for any violation anywhere in the state and by any court of competent jurisdiction within the state for violations which may occur within that court's jurisdiction. (e) All orders and injuctions issued under this section shall contain language directing appropriate law enforcement agencies to enforce the court's orders. (f) Unless lack of good faith is shown by clear and convincing evidence, an employer and an employer's agents who act in accord with this section shall be presumed to be acting in good faith and are immune from civil liability for actions taken under this section. (g) Any employer, or its employee or invitee, which does not utilize the procedures of this section shall not be liable for negligence, nor shall evidence of the same be admissible as evidence of negligence. (h) (1) This section is not applicable in circumstances where an employee or the employee's representative is engaged in union organizing, union activity, a labor dispute, or any activity or action arguably protected by the National Labor Relations Act. (2) Nothing in this section is intended to change the act's preemptive regulation of legally protected activities nor to change the right of the State of Arkansas and its courts to regulate activities not protected by the act. Acts 2001, No. 1084, § 1.

(a) If an employer or an employer's employee or invitee has: (1) Suffered unlawful violence by an individual as defined by § 5-13-310 , terroristic act; § 5-14-103 , rape; §§ 5-13-201 - 5-13-203 , battery; §§ 5-26-301 - 5-26-309 , domestic battering and assault on a family or household member; or a crime of violence as defined by § 5-73-202(1) ; (2) Received a threat of violence by an individual which can reasonably be construed as a threat which may be carried out at the work site as defined by § 5-13-301 , terroristic threatening; § 5-38-202 , threatening a catastrophe; §§ 5-13-204 - 5-13-207 , assault; or §§ 5-26-304 - 5-26-306 , domestic battering; or (3) Been stalked or harassed at the work site as defined by § 5-71-213 , loitering; § 5-39-203 , criminal trespass; § 5-71-208 , harassment; or § 5-71-229 , stalking, the employer may, in addition to, or instead of, filing criminal charges against the individual, seek a temporary restraining order, a preliminary injunction, or an injunction under Arkansas Rule of Civil Procedure 65 prohibiting further unlawful acts by that individual at the work site, which shall include any place at which work is being performed on behalf of the employer.

(1) Suffered unlawful violence by an individual as defined by § 5-13-310 , terroristic act; § 5-14-103 , rape; §§ 5-13-201 - 5-13-203 , battery; §§ 5-26-301 - 5-26-309 , domestic battering and assault on a family or household member; or a crime of violence as defined by § 5-73-202(1) ;

(2) Received a threat of violence by an individual which can reasonably be construed as a threat which may be carried out at the work site as defined by § 5-13-301 , terroristic threatening; § 5-38-202 , threatening a catastrophe; §§ 5-13-204 - 5-13-207 , assault; or §§ 5-26-304 - 5-26-306 , domestic battering; or

(3) Been stalked or harassed at the work site as defined by § 5-71-213 , loitering; § 5-39-203 , criminal trespass; § 5-71-208 , harassment; or § 5-71-229 , stalking, the employer may, in addition to, or instead of, filing criminal charges against the individual, seek a temporary restraining order, a preliminary injunction, or an injunction under Arkansas Rule of Civil Procedure 65 prohibiting further unlawful acts by that individual at the work site, which shall include any place at which work is being performed on behalf of the employer.

(b) (1) Proof by a preponderance of the evidence of any action described in subsection (a) of this section shall constitute irreparable harm or damage to the employer or employer's employee or invitee. (2) Upon the granting of any restraining order, preliminary injunction, or injunction, the court may, among other appropriate orders: (A) Order the defendant not to visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site; (B) Order the defendant to cease stalking the employer's employee or invitee at the employer's work site; (C) Order the defendant to cease harassment of the employer or the employer's employee or invitee at the employer's work site; (D) Order the defendant not to abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's work site; (E) Order the defendant not to telephone the employer or the employer's employee or invitee at the employer's work site; or (F) Such other necessary and appropriate relief as is deemed appropriate in the discretion of the court.

(1) Proof by a preponderance of the evidence of any action described in subsection (a) of this section shall constitute irreparable harm or damage to the employer or employer's employee or invitee.

(2) Upon the granting of any restraining order, preliminary injunction, or injunction, the court may, among other appropriate orders: (A) Order the defendant not to visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site; (B) Order the defendant to cease stalking the employer's employee or invitee at the employer's work site; (C) Order the defendant to cease harassment of the employer or the employer's employee or invitee at the employer's work site; (D) Order the defendant not to abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's work site; (E) Order the defendant not to telephone the employer or the employer's employee or invitee at the employer's work site; or (F) Such other necessary and appropriate relief as is deemed appropriate in the discretion of the court.

(A) Order the defendant not to visit, assault, molest, or otherwise interfere with the employer or the employer's operations or the employer's employee or invitee at the employer's work site;

(B) Order the defendant to cease stalking the employer's employee or invitee at the employer's work site;

(C) Order the defendant to cease harassment of the employer or the employer's employee or invitee at the employer's work site;

(D) Order the defendant not to abuse or injure the employer, including the employer's property, or the employer's employee or invitee at the employer's work site;

(E) Order the defendant not to telephone the employer or the employer's employee or invitee at the employer's work site; or

(F) Such other necessary and appropriate relief as is deemed appropriate in the discretion of the court.

(c) When necessary to protect the employer or the employer's employee, invitee, or property, and when authorized by the court, temporary restraining orders, preliminary injunctions, and injunctions granted under this section may be served upon the defendant by a peace officer, sheriff, constable, police officer, other law enforcement officer whose duty it is to preserve the peace, or by any other person authorized by law to serve process, with appropriate orders to the officials to enforce the court's order.

(d) Unless specifically modified or terminated by the issuing judge, all orders and injunctions issued under this section shall have statewide validity and may be enforced by the issuing court for any violation anywhere in the state and by any court of competent jurisdiction within the state for violations which may occur within that court's jurisdiction.

(e) All orders and injuctions issued under this section shall contain language directing appropriate law enforcement agencies to enforce the court's orders.

(f) Unless lack of good faith is shown by clear and convincing evidence, an employer and an employer's agents who act in accord with this section shall be presumed to be acting in good faith and are immune from civil liability for actions taken under this section.

(g) Any employer, or its employee or invitee, which does not utilize the procedures of this section shall not be liable for negligence, nor shall evidence of the same be admissible as evidence of negligence.

(h) (1) This section is not applicable in circumstances where an employee or the employee's representative is engaged in union organizing, union activity, a labor dispute, or any activity or action arguably protected by the National Labor Relations Act. (2) Nothing in this section is intended to change the act's preemptive regulation of legally protected activities nor to change the right of the State of Arkansas and its courts to regulate activities not protected by the act.

(1) This section is not applicable in circumstances where an employee or the employee's representative is engaged in union organizing, union activity, a labor dispute, or any activity or action arguably protected by the National Labor Relations Act.

(2) Nothing in this section is intended to change the act's preemptive regulation of legally protected activities nor to change the right of the State of Arkansas and its courts to regulate activities not protected by the act.

Acts 2001, No. 1084, § 1.
Ark. Code Ann. § 11-10-610 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-610
Amount of benefits - Filing of claims
Status: in_force

(a) The shared work unemployment compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work. (b) An individual may be eligible for shared work unemployment compensation benefits or unemployment compensation, as appropriate, except that no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment compensation, nor shall an individual be paid shared work unemployment compensation benefits for more than twenty-five (25) weeks, whether or not consecutive, in any benefit year pursuant to a shared work plan. (c) The shared work unemployment compensation benefits paid an individual shall be deducted from the maximum entitlement amount established for that individual's benefit year. (d) Claims for shared work unemployment compensation benefits shall be filed in the same manner as claims for unemployment compensation or as prescribed in rules by the Director of the Division of Workforce Services. Amended by Act 2019, No. 315,§ 826, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 282, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 41; 2011, No. 861, § 6.

(a) The shared work unemployment compensation weekly benefit amount shall be the product of the regular weekly unemployment compensation amount multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work.

(b) An individual may be eligible for shared work unemployment compensation benefits or unemployment compensation, as appropriate, except that no individual shall be eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment compensation, nor shall an individual be paid shared work unemployment compensation benefits for more than twenty-five (25) weeks, whether or not consecutive, in any benefit year pursuant to a shared work plan.

(c) The shared work unemployment compensation benefits paid an individual shall be deducted from the maximum entitlement amount established for that individual's benefit year.

(d) Claims for shared work unemployment compensation benefits shall be filed in the same manner as claims for unemployment compensation or as prescribed in rules by the Director of the Division of Workforce Services.

Amended by Act 2019, No. 315,§ 826, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 282, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1991, No. 100, § 41; 2011, No. 861, § 6.
Ark. Code Ann. § 11-6-110 — AR Code / Title 11 / Chapter 6 / Section 11-6-110
Children under age 17 years - Hours of employment
Status: in_force

A child under seventeen (17) years of age shall not be employed or permitted to work in any occupation: (1) More than six (6) days in any week; (2) More than fifty-four (54) hours in any week; (3) More than ten (10) consecutive hours in any one (1) day; (4) More than ten (10) hours in a twenty-four-hour period; or (5) Before 6:00 a.m. or after 11:00 p.m., except that the limitations of 6:00 a.m. and 11:00 p.m. shall not apply to children under seventeen (17) years of age employed on nights preceding nonschool days in occupations determined by rule of the Division of Labor to be sufficiently safe for their employment. Amended by Act 2015, No. 162,§ 1, eff. 2/23/2015. Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1973, No. 449, § 2; 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707; 2005, No. 939, § 1.

A child under seventeen (17) years of age shall not be employed or permitted to work in any occupation:

(1) More than six (6) days in any week;

(2) More than fifty-four (54) hours in any week;

(3) More than ten (10) consecutive hours in any one (1) day;

(4) More than ten (10) hours in a twenty-four-hour period; or

(5) Before 6:00 a.m. or after 11:00 p.m., except that the limitations of 6:00 a.m. and 11:00 p.m. shall not apply to children under seventeen (17) years of age employed on nights preceding nonschool days in occupations determined by rule of the Division of Labor to be sufficiently safe for their employment.

Amended by Act 2015, No. 162,§ 1, eff. 2/23/2015.

Init. Meas. 1914, No. 1, § 6, Acts 1915, p. 1505; C. & M. Dig., § 7091; Pope's Dig., § 9073; Acts 1973, No. 449, § 2; 1975, No. 11, § 1; 1977, No. 326, § 1; A.S.A. 1947, § 81-707; 2005, No. 939, § 1.
Ark. Code Ann. § 11-9-102 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-102
Definitions
Status: in_force

As used in this chapter: (1) "Carrier" means any stock company, mutual company, or reciprocal or interinsurance exchange authorized to write or carry on the business of workers' compensation insurance in this state. Whenever required by the context, the term "carrier" shall be deemed to include duly qualified self-insureds or self-insured groups; (2) "Child" means a natural child, a posthumous child, a child legally adopted prior to injury of the employee, a stepchild, an acknowledged illegitimate child of the deceased or of the spouse of the deceased, and a foster child; (3) "Commission" means the Workers' Compensation Commission; (4) (A) "Compensable injury" means: (i) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is "accidental" only if it is caused by a specific incident and is identifiable by time and place of occurrence; (ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is: (a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition; (b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or (c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence; (iii) Mental illness as set out in § 11-9-113 ; (iv) Heart or cardiovascular injury, accident, or disease as set out in § 11-9-114 ; (v) A hernia as set out in § 11-9-523 ; or (vi) An adverse reaction experienced by any employee of the Department of Health or any employee of a hospital licensed by the Department of Health related to vaccination with Vaccinia vaccines for smallpox, including the Dryvax vaccine, regardless of whether the adverse reaction is the result of voluntary action by the injured employee. (B) "Compensable injury" does not include: (i) Injury to any active participant in assaults or combats which, although they may occur in the workplace, are the result of nonemployment-related hostility or animus of one, both, or all of the combatants and which assault or combat amounts to a deviation from customary duties; furthermore, except for innocent victims, injuries caused by horseplay shall not be considered to be compensable injuries; (ii) Injury incurred while engaging in or performing or as the result of engaging in or performing any recreational or social activities for the employee's personal pleasure; (iii) Injury which was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated; or (iv) (a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician's orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (c) Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee's body. (d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician's orders did not substantially occasion the injury or accident. (C) The definition of "compensable injury" as set forth in this subdivision (4) shall not be deemed to limit or abrogate the right to recover for mental injuries as set forth in § 11-9-113 or occupational diseases as set forth in § 11-9-601 et seq. (D) A compensable injury must be established by medical evidence supported by objective findings as defined in subdivision (16) of this section. (E) Burden of Proof. The burden of proof of a compensable injury shall be on the employee and shall be as follows: (i) For injuries falling within the definition of compensable injury under subdivision (4)(A)(i) of this section, the burden of proof shall be a preponderance of the evidence; or (ii) For injuries falling within the definition of compensable injury under subdivision (4)(A)(ii) of this section, the burden of proof shall be by a preponderance of the evidence, and the resultant condition is compensable only if the alleged compensable injury is the major cause of the disability or need for treatment. (F) Benefits. (i) When an employee is determined to have a compensable injury, the employee is entitled to medical and temporary disability as provided by this chapter. (ii) (a) Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment. (b) If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment. (iii) Under this subdivision (4)(F), benefits shall not be payable for a condition which results from a nonwork-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment. A nonwork-related independent intervening cause does not require negligence or recklessness on the part of a claimant. (iv) Nothing in this section shall limit the payment of rehabilitation benefits or benefits for disfigurement as set forth in this chapter; (5) "Compensation" means the money allowance payable to the employee or to his or her dependents and includes the allowances provided for in § 11-9-509 and funeral expenses; (6) "Death" means only death resulting from compensable injury as defined in subdivision (4) of this section; (7) "Department" means the State Insurance Department; (8) "Disability" means incapacity because of compensable injury to earn, in the same or any other employment, the wages which the employee was receiving at the time of the compensable injury; (9) (A) "Employee" means an individual, including a minor, whether lawfully or unlawfully employed in the service of an employer under a contract of hire or apprenticeship, written or oral, expressed or implied, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. (B) The term "employee" shall not include: (i) An individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (ii) An individual whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer; or (iii) An individual who is required to perform work for a municipality, county, state, or the United States Government upon having been convicted of a criminal offense or while incarcerated. (C) Any individual holding from the commission a current certification of noncoverage under this chapter shall be conclusively presumed not to be an employee for purposes of this chapter or otherwise during the term of his or her certification or any renewals thereof or until he or she elects otherwise, whichever time period is shorter. (D) Any reference to an employee who has been injured, when that employee is dead, shall also include his or her legal representative, dependents, and other persons to whom compensation may be payable. (E) "Employee" shall not include a direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021; (10) "Employer" means any individual, partnership, limited liability company, association, or corporation carrying on any employment, the receiver or trustee of the same, or the legal representative of a deceased employer; (11) "Employment" means: (A) Every employment in the state in which three (3) or more employees are regularly employed by the same employer in the course of business except: (i) An employee employed as a domestic servant in or about a private home; (ii) An employee employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home or residence of the person employing the employee; (iii) Agricultural farm labor; (iv) The State of Arkansas and each of the political subdivisions thereof except as provided by §§ 6-17-1401 - 6-17-1405 , 14-26-101 - 14-26-104 , 14-60-101 - 14-60-104 , 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , 19-10-401 - 19-10-406 , and 21-5-601 - 21-5-610 ; (v) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States; (vi) A person performing services for any nonprofit religious, charitable, or relief organization; (vii) Any person engaged in the vending, selling, offering for sale, or delivery directly to the general public of any newspapers, magazines, or periodicals or any person acting as sales agent or distributor as an independent contractor of or for any newspaper, magazine, or periodical; and (viii) Any individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (B) Every employment in which two (2) or more employees are employed by any person engaged in building or building repair work; (C) Every employment in which one (1) or more employees are employed by a contractor who subcontracts any part of his or her contract; and (D) Every employment in which one (1) or more employees are employed by a subcontractor; (12) "Healing period" means that period for healing of an injury resulting from an accident; (13) "Insurance Commissioner" means the Insurance Commissioner of the State of Arkansas; (14) (A) "Major cause" means more than fifty percent (50%) of the cause. (B) A finding of major cause shall be established according to the preponderance of the evidence; (15) "Medical services" means those services specified in § 11-9-508 ; (16) (A) (i) "Objective findings" are those findings which cannot come under the voluntary control of the patient. (ii) (a) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers' Compensation Commission, nor the courts may consider complaints of pain. (b) For the purpose of making physical or anatomical impairment ratings to the spine, straight-leg-raising tests or range-of-motion tests shall not be considered objective findings. (iii) (a) Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability. (b) Any difference in the baseline hearing levels must be confirmed with a subsequent test within the next four (4) weeks but not before five (5) days and being adjusted for presbycusis. (B) Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty; (17) (A) "State average weekly wage" means the state average weekly wage determined annually by the Division of Workforce Services in the preceding calendar year pursuant to § 11-10-502 . (B) If, for any reason, the determination is not available, the commission shall determine the wage annually after reasonable investigation and public hearing; (18) "Time of accident" or "date of accident" means the time or date of the occurrence of the accidental incident from which compensable injury, disability, or death results; (19) "Wages" means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer and includes the amount of tips required to be reported by the employer pursuant to section 6053 of the Internal Revenue Code of 1954 and the regulations promulgated pursuant thereto or the amount of actual tips reported, whichever amount is greater; and (20) (A) "Widow" shall include only the decedent's legal wife, living with or dependent for support upon him at the time of his death. (B) "Widower" shall include only the decedent's legal husband, living with or dependent for support upon her at the time of her death. Amended by Act 2021, No. 947,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 1055,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 1055,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 170, eff. 7/1/2019. Init. Meas. 1948, No. 4, § 2, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 2; 1979, No. 119, § 1; 1981, No. 290, § 1; 1983, No. 444, § 1; 1986 (2nd Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 81-1302; reen. Acts 1987, No. 1015, § 2; Acts 1993, No. 796, § 2; 1995, No. 919, §§ 1, 2; 1997, No. 479, § 8; 1997, No. 832, § 1, 2; 1999, No. 20, § 1; 2001, No. 1757, §§ 1, 2; 2003, No. 1237, § 1; 2005, No. 1250, § 1; 2005, No. 1692, § 1; 2007, No. 546, § 2.

As used in this chapter:

(1) "Carrier" means any stock company, mutual company, or reciprocal or interinsurance exchange authorized to write or carry on the business of workers' compensation insurance in this state. Whenever required by the context, the term "carrier" shall be deemed to include duly qualified self-insureds or self-insured groups;

(2) "Child" means a natural child, a posthumous child, a child legally adopted prior to injury of the employee, a stepchild, an acknowledged illegitimate child of the deceased or of the spouse of the deceased, and a foster child;

(3) "Commission" means the Workers' Compensation Commission;

(4) (A) "Compensable injury" means: (i) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is "accidental" only if it is caused by a specific incident and is identifiable by time and place of occurrence; (ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is: (a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition; (b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or (c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence; (iii) Mental illness as set out in § 11-9-113 ; (iv) Heart or cardiovascular injury, accident, or disease as set out in § 11-9-114 ; (v) A hernia as set out in § 11-9-523 ; or (vi) An adverse reaction experienced by any employee of the Department of Health or any employee of a hospital licensed by the Department of Health related to vaccination with Vaccinia vaccines for smallpox, including the Dryvax vaccine, regardless of whether the adverse reaction is the result of voluntary action by the injured employee. (B) "Compensable injury" does not include: (i) Injury to any active participant in assaults or combats which, although they may occur in the workplace, are the result of nonemployment-related hostility or animus of one, both, or all of the combatants and which assault or combat amounts to a deviation from customary duties; furthermore, except for innocent victims, injuries caused by horseplay shall not be considered to be compensable injuries; (ii) Injury incurred while engaging in or performing or as the result of engaging in or performing any recreational or social activities for the employee's personal pleasure; (iii) Injury which was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated; or (iv) (a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician's orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (c) Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee's body. (d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician's orders did not substantially occasion the injury or accident. (C) The definition of "compensable injury" as set forth in this subdivision (4) shall not be deemed to limit or abrogate the right to recover for mental injuries as set forth in § 11-9-113 or occupational diseases as set forth in § 11-9-601 et seq. (D) A compensable injury must be established by medical evidence supported by objective findings as defined in subdivision (16) of this section. (E) Burden of Proof. The burden of proof of a compensable injury shall be on the employee and shall be as follows: (i) For injuries falling within the definition of compensable injury under subdivision (4)(A)(i) of this section, the burden of proof shall be a preponderance of the evidence; or (ii) For injuries falling within the definition of compensable injury under subdivision (4)(A)(ii) of this section, the burden of proof shall be by a preponderance of the evidence, and the resultant condition is compensable only if the alleged compensable injury is the major cause of the disability or need for treatment. (F) Benefits. (i) When an employee is determined to have a compensable injury, the employee is entitled to medical and temporary disability as provided by this chapter. (ii) (a) Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment. (b) If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment. (iii) Under this subdivision (4)(F), benefits shall not be payable for a condition which results from a nonwork-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment. A nonwork-related independent intervening cause does not require negligence or recklessness on the part of a claimant. (iv) Nothing in this section shall limit the payment of rehabilitation benefits or benefits for disfigurement as set forth in this chapter;

(A) "Compensable injury" means: (i) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is "accidental" only if it is caused by a specific incident and is identifiable by time and place of occurrence; (ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is: (a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition; (b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or (c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence; (iii) Mental illness as set out in § 11-9-113 ; (iv) Heart or cardiovascular injury, accident, or disease as set out in § 11-9-114 ; (v) A hernia as set out in § 11-9-523 ; or (vi) An adverse reaction experienced by any employee of the Department of Health or any employee of a hospital licensed by the Department of Health related to vaccination with Vaccinia vaccines for smallpox, including the Dryvax vaccine, regardless of whether the adverse reaction is the result of voluntary action by the injured employee.

(i) An accidental injury causing internal or external physical harm to the body or accidental injury to prosthetic appliances, including eyeglasses, contact lenses, or hearing aids, arising out of and in the course of employment and which requires medical services or results in disability or death. An injury is "accidental" only if it is caused by a specific incident and is identifiable by time and place of occurrence;

(ii) An injury causing internal or external physical harm to the body and arising out of and in the course of employment if it is not caused by a specific incident or is not identifiable by time and place of occurrence, if the injury is: (a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition; (b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or (c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence;

(a) Caused by rapid repetitive motion. Carpal tunnel syndrome is specifically categorized as a compensable injury falling within this definition;

(b) A back or neck injury which is not caused by a specific incident or which is not identifiable by time and place of occurrence; or

(c) Hearing loss which is not caused by a specific incident or which is not identifiable by time and place of occurrence;

(iii) Mental illness as set out in § 11-9-113 ;

(iv) Heart or cardiovascular injury, accident, or disease as set out in § 11-9-114 ;

(v) A hernia as set out in § 11-9-523 ; or

(vi) An adverse reaction experienced by any employee of the Department of Health or any employee of a hospital licensed by the Department of Health related to vaccination with Vaccinia vaccines for smallpox, including the Dryvax vaccine, regardless of whether the adverse reaction is the result of voluntary action by the injured employee.

(B) "Compensable injury" does not include: (i) Injury to any active participant in assaults or combats which, although they may occur in the workplace, are the result of nonemployment-related hostility or animus of one, both, or all of the combatants and which assault or combat amounts to a deviation from customary duties; furthermore, except for innocent victims, injuries caused by horseplay shall not be considered to be compensable injuries; (ii) Injury incurred while engaging in or performing or as the result of engaging in or performing any recreational or social activities for the employee's personal pleasure; (iii) Injury which was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated; or (iv) (a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician's orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (c) Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee's body. (d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician's orders did not substantially occasion the injury or accident.

(i) Injury to any active participant in assaults or combats which, although they may occur in the workplace, are the result of nonemployment-related hostility or animus of one, both, or all of the combatants and which assault or combat amounts to a deviation from customary duties; furthermore, except for innocent victims, injuries caused by horseplay shall not be considered to be compensable injuries;

(ii) Injury incurred while engaging in or performing or as the result of engaging in or performing any recreational or social activities for the employee's personal pleasure;

(iii) Injury which was inflicted upon the employee at a time when employment services were not being performed or before the employee was hired or after the employment relationship was terminated; or

(iv) (a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician's orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders. (c) Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee's body. (d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician's orders did not substantially occasion the injury or accident.

(a) Injury where the accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders.

(b) The presence of alcohol, illegal drugs, or prescription drugs used in contravention of a physician's orders shall create a rebuttable presumption that the injury or accident was substantially occasioned by the use of alcohol, illegal drugs, or prescription drugs used in contravention of physician's orders.

(c) Every employee is deemed by his or her performance of services to have impliedly consented to reasonable and responsible testing by properly trained medical or law enforcement personnel for the presence of any of the aforementioned substances in the employee's body.

(d) An employee shall not be entitled to compensation unless it is proved by a preponderance of the evidence that the alcohol, illegal drugs, or prescription drugs utilized in contravention of the physician's orders did not substantially occasion the injury or accident.

(C) The definition of "compensable injury" as set forth in this subdivision (4) shall not be deemed to limit or abrogate the right to recover for mental injuries as set forth in § 11-9-113 or occupational diseases as set forth in § 11-9-601 et seq.

(D) A compensable injury must be established by medical evidence supported by objective findings as defined in subdivision (16) of this section.

(E) Burden of Proof. The burden of proof of a compensable injury shall be on the employee and shall be as follows: (i) For injuries falling within the definition of compensable injury under subdivision (4)(A)(i) of this section, the burden of proof shall be a preponderance of the evidence; or (ii) For injuries falling within the definition of compensable injury under subdivision (4)(A)(ii) of this section, the burden of proof shall be by a preponderance of the evidence, and the resultant condition is compensable only if the alleged compensable injury is the major cause of the disability or need for treatment.

(i) For injuries falling within the definition of compensable injury under subdivision (4)(A)(i) of this section, the burden of proof shall be a preponderance of the evidence; or

(ii) For injuries falling within the definition of compensable injury under subdivision (4)(A)(ii) of this section, the burden of proof shall be by a preponderance of the evidence, and the resultant condition is compensable only if the alleged compensable injury is the major cause of the disability or need for treatment.

(F) Benefits. (i) When an employee is determined to have a compensable injury, the employee is entitled to medical and temporary disability as provided by this chapter. (ii) (a) Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment. (b) If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment. (iii) Under this subdivision (4)(F), benefits shall not be payable for a condition which results from a nonwork-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment. A nonwork-related independent intervening cause does not require negligence or recklessness on the part of a claimant. (iv) Nothing in this section shall limit the payment of rehabilitation benefits or benefits for disfigurement as set forth in this chapter;

(i) When an employee is determined to have a compensable injury, the employee is entitled to medical and temporary disability as provided by this chapter.

(ii) (a) Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment. (b) If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment.

(a) Permanent benefits shall be awarded only upon a determination that the compensable injury was the major cause of the disability or impairment.

(b) If any compensable injury combines with a preexisting disease or condition or the natural process of aging to cause or prolong disability or a need for treatment, permanent benefits shall be payable for the resultant condition only if the compensable injury is the major cause of the permanent disability or need for treatment.

(iii) Under this subdivision (4)(F), benefits shall not be payable for a condition which results from a nonwork-related independent intervening cause following a compensable injury which causes or prolongs disability or a need for treatment. A nonwork-related independent intervening cause does not require negligence or recklessness on the part of a claimant.

(iv) Nothing in this section shall limit the payment of rehabilitation benefits or benefits for disfigurement as set forth in this chapter;

(5) "Compensation" means the money allowance payable to the employee or to his or her dependents and includes the allowances provided for in § 11-9-509 and funeral expenses;

(6) "Death" means only death resulting from compensable injury as defined in subdivision (4) of this section;

(7) "Department" means the State Insurance Department;

(8) "Disability" means incapacity because of compensable injury to earn, in the same or any other employment, the wages which the employee was receiving at the time of the compensable injury;

(9) (A) "Employee" means an individual, including a minor, whether lawfully or unlawfully employed in the service of an employer under a contract of hire or apprenticeship, written or oral, expressed or implied, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. (B) The term "employee" shall not include: (i) An individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (ii) An individual whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer; or (iii) An individual who is required to perform work for a municipality, county, state, or the United States Government upon having been convicted of a criminal offense or while incarcerated. (C) Any individual holding from the commission a current certification of noncoverage under this chapter shall be conclusively presumed not to be an employee for purposes of this chapter or otherwise during the term of his or her certification or any renewals thereof or until he or she elects otherwise, whichever time period is shorter. (D) Any reference to an employee who has been injured, when that employee is dead, shall also include his or her legal representative, dependents, and other persons to whom compensation may be payable. (E) "Employee" shall not include a direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021;

(A) "Employee" means an individual, including a minor, whether lawfully or unlawfully employed in the service of an employer under a contract of hire or apprenticeship, written or oral, expressed or implied, and the individual's employment status has been determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.

(B) The term "employee" shall not include: (i) An individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (ii) An individual whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer; or (iii) An individual who is required to perform work for a municipality, county, state, or the United States Government upon having been convicted of a criminal offense or while incarcerated.

(i) An individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder;

(ii) An individual whose employment is casual and not in the course of the trade, business, profession, or occupation of his or her employer; or

(iii) An individual who is required to perform work for a municipality, county, state, or the United States Government upon having been convicted of a criminal offense or while incarcerated.

(C) Any individual holding from the commission a current certification of noncoverage under this chapter shall be conclusively presumed not to be an employee for purposes of this chapter or otherwise during the term of his or her certification or any renewals thereof or until he or she elects otherwise, whichever time period is shorter.

(D) Any reference to an employee who has been injured, when that employee is dead, shall also include his or her legal representative, dependents, and other persons to whom compensation may be payable.

(E) "Employee" shall not include a direct seller as defined in the Internal Revenue Code of 1986, 26 U.S.C. § 3508(b)(2) , as it existed on January 1, 2021;

(10) "Employer" means any individual, partnership, limited liability company, association, or corporation carrying on any employment, the receiver or trustee of the same, or the legal representative of a deceased employer;

(11) "Employment" means: (A) Every employment in the state in which three (3) or more employees are regularly employed by the same employer in the course of business except: (i) An employee employed as a domestic servant in or about a private home; (ii) An employee employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home or residence of the person employing the employee; (iii) Agricultural farm labor; (iv) The State of Arkansas and each of the political subdivisions thereof except as provided by §§ 6-17-1401 - 6-17-1405 , 14-26-101 - 14-26-104 , 14-60-101 - 14-60-104 , 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , 19-10-401 - 19-10-406 , and 21-5-601 - 21-5-610 ; (v) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States; (vi) A person performing services for any nonprofit religious, charitable, or relief organization; (vii) Any person engaged in the vending, selling, offering for sale, or delivery directly to the general public of any newspapers, magazines, or periodicals or any person acting as sales agent or distributor as an independent contractor of or for any newspaper, magazine, or periodical; and (viii) Any individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder; (B) Every employment in which two (2) or more employees are employed by any person engaged in building or building repair work; (C) Every employment in which one (1) or more employees are employed by a contractor who subcontracts any part of his or her contract; and (D) Every employment in which one (1) or more employees are employed by a subcontractor;

(A) Every employment in the state in which three (3) or more employees are regularly employed by the same employer in the course of business except: (i) An employee employed as a domestic servant in or about a private home; (ii) An employee employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home or residence of the person employing the employee; (iii) Agricultural farm labor; (iv) The State of Arkansas and each of the political subdivisions thereof except as provided by §§ 6-17-1401 - 6-17-1405 , 14-26-101 - 14-26-104 , 14-60-101 - 14-60-104 , 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , 19-10-401 - 19-10-406 , and 21-5-601 - 21-5-610 ; (v) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States; (vi) A person performing services for any nonprofit religious, charitable, or relief organization; (vii) Any person engaged in the vending, selling, offering for sale, or delivery directly to the general public of any newspapers, magazines, or periodicals or any person acting as sales agent or distributor as an independent contractor of or for any newspaper, magazine, or periodical; and (viii) Any individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder;

(i) An employee employed as a domestic servant in or about a private home;

(ii) An employee employed to do gardening, maintenance, repair, remodeling, or similar work in or about the private home or residence of the person employing the employee;

(iii) Agricultural farm labor;

(iv) The State of Arkansas and each of the political subdivisions thereof except as provided by §§ 6-17-1401 - 6-17-1405 , 14-26-101 - 14-26-104 , 14-60-101 - 14-60-104 , 19-10-101 - 19-10-103 , 19-10-202 - 19-10-210 , 19-10-401 - 19-10-406 , and 21-5-601 - 21-5-610 ;

(v) A person for whom a rule of liability for injury or death arising out of and in the course of employment is provided by the laws of the United States;

(vi) A person performing services for any nonprofit religious, charitable, or relief organization;

(vii) Any person engaged in the vending, selling, offering for sale, or delivery directly to the general public of any newspapers, magazines, or periodicals or any person acting as sales agent or distributor as an independent contractor of or for any newspaper, magazine, or periodical; and

(viii) Any individual who is both a licensee as defined in § 17-42-103 and a qualified real estate agent as that term is defined in section 3508(b)(1) of the Internal Revenue Code of 1986, including all regulations thereunder;

(B) Every employment in which two (2) or more employees are employed by any person engaged in building or building repair work;

(C) Every employment in which one (1) or more employees are employed by a contractor who subcontracts any part of his or her contract; and

(D) Every employment in which one (1) or more employees are employed by a subcontractor;

(12) "Healing period" means that period for healing of an injury resulting from an accident;

(13) "Insurance Commissioner" means the Insurance Commissioner of the State of Arkansas;

(14) (A) "Major cause" means more than fifty percent (50%) of the cause. (B) A finding of major cause shall be established according to the preponderance of the evidence;

(A) "Major cause" means more than fifty percent (50%) of the cause.

(B) A finding of major cause shall be established according to the preponderance of the evidence;

(15) "Medical services" means those services specified in § 11-9-508 ;

(16) (A) (i) "Objective findings" are those findings which cannot come under the voluntary control of the patient. (ii) (a) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers' Compensation Commission, nor the courts may consider complaints of pain. (b) For the purpose of making physical or anatomical impairment ratings to the spine, straight-leg-raising tests or range-of-motion tests shall not be considered objective findings. (iii) (a) Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability. (b) Any difference in the baseline hearing levels must be confirmed with a subsequent test within the next four (4) weeks but not before five (5) days and being adjusted for presbycusis. (B) Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty;

(A) (i) "Objective findings" are those findings which cannot come under the voluntary control of the patient. (ii) (a) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers' Compensation Commission, nor the courts may consider complaints of pain. (b) For the purpose of making physical or anatomical impairment ratings to the spine, straight-leg-raising tests or range-of-motion tests shall not be considered objective findings. (iii) (a) Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability. (b) Any difference in the baseline hearing levels must be confirmed with a subsequent test within the next four (4) weeks but not before five (5) days and being adjusted for presbycusis.

(i) "Objective findings" are those findings which cannot come under the voluntary control of the patient.

(ii) (a) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers' Compensation Commission, nor the courts may consider complaints of pain. (b) For the purpose of making physical or anatomical impairment ratings to the spine, straight-leg-raising tests or range-of-motion tests shall not be considered objective findings.

(a) When determining physical or anatomical impairment, neither a physician, any other medical provider, an administrative law judge, the Workers' Compensation Commission, nor the courts may consider complaints of pain.

(b) For the purpose of making physical or anatomical impairment ratings to the spine, straight-leg-raising tests or range-of-motion tests shall not be considered objective findings.

(iii) (a) Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability. (b) Any difference in the baseline hearing levels must be confirmed with a subsequent test within the next four (4) weeks but not before five (5) days and being adjusted for presbycusis.

(a) Objective evidence necessary to prove physical or anatomical impairment in occupational hearing loss cases may be established by medically recognized and accepted clinical diagnostic methodologies, including, but not limited to, audiological tests that measure air and bone conduction thresholds and speech discrimination ability.

(b) Any difference in the baseline hearing levels must be confirmed with a subsequent test within the next four (4) weeks but not before five (5) days and being adjusted for presbycusis.

(B) Medical opinions addressing compensability and permanent impairment must be stated within a reasonable degree of medical certainty;

(17) (A) "State average weekly wage" means the state average weekly wage determined annually by the Division of Workforce Services in the preceding calendar year pursuant to § 11-10-502 . (B) If, for any reason, the determination is not available, the commission shall determine the wage annually after reasonable investigation and public hearing;

(A) "State average weekly wage" means the state average weekly wage determined annually by the Division of Workforce Services in the preceding calendar year pursuant to § 11-10-502 .

(B) If, for any reason, the determination is not available, the commission shall determine the wage annually after reasonable investigation and public hearing;

(18) "Time of accident" or "date of accident" means the time or date of the occurrence of the accidental incident from which compensable injury, disability, or death results;

(19) "Wages" means the money rate at which the service rendered is recompensed under the contract of hiring in force at the time of the accident, including the reasonable value of board, rent, housing, lodging, or similar advantage received from the employer and includes the amount of tips required to be reported by the employer pursuant to section 6053 of the Internal Revenue Code of 1954 and the regulations promulgated pursuant thereto or the amount of actual tips reported, whichever amount is greater; and

(20) (A) "Widow" shall include only the decedent's legal wife, living with or dependent for support upon him at the time of his death. (B) "Widower" shall include only the decedent's legal husband, living with or dependent for support upon her at the time of her death.

(A) "Widow" shall include only the decedent's legal wife, living with or dependent for support upon him at the time of his death.

(B) "Widower" shall include only the decedent's legal husband, living with or dependent for support upon her at the time of her death.

Amended by Act 2021, No. 947,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 1055,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 1055,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 170, eff. 7/1/2019.

Init. Meas. 1948, No. 4, § 2, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 2; 1979, No. 119, § 1; 1981, No. 290, § 1; 1983, No. 444, § 1; 1986 (2nd Ex. Sess.), No. 10, § 1; A.S.A. 1947, § 81-1302; reen. Acts 1987, No. 1015, § 2; Acts 1993, No. 796, § 2; 1995, No. 919, §§ 1, 2; 1997, No. 479, § 8; 1997, No. 832, § 1, 2; 1999, No. 20, § 1; 2001, No. 1757, §§ 1, 2; 2003, No. 1237, § 1; 2005, No. 1250, § 1; 2005, No. 1692, § 1; 2007, No. 546, § 2.
Ark. Code Ann. § 11-10-701 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-701
Accrual and payment by employer
Status: in_force

(a) (1) Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. (2) The contributions shall become due and be paid by each employer to the Director of the Division of Workforce Services for the Unemployment Compensation Fund in accordance with such rules as the director may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in employment for the employer. (b) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent (½¢) or more, in which case it shall be increased by one cent (1¢). (c) (1) Determinations of liability are conclusive and binding unless within thirty (30) calendar days after the mailing date of the determination the employer requests an administrative determination of coverage under § 11-10-308 . (2) However, if the director determines that the request for an administrative determination of coverage is not perfected within the thirty-calendar-day period as a result of circumstances beyond the employer's control, the director may consider the request as having been filed timely. Amended by Act 2019, No. 315,§ 827, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 283, eff. 7/1/2019. Amended by Act 2015, No. 690,§ 3, eff. 7/1/2015. Acts 1941, No. 391, § 7; 1943, No. 138, § 11; 1963, No. 93, § 9; A.S.A. 1947, § 81-1108.

(a) (1) Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment. (2) The contributions shall become due and be paid by each employer to the Director of the Division of Workforce Services for the Unemployment Compensation Fund in accordance with such rules as the director may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in employment for the employer.

(1) Contributions shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter with respect to wages for employment.

(2) The contributions shall become due and be paid by each employer to the Director of the Division of Workforce Services for the Unemployment Compensation Fund in accordance with such rules as the director may prescribe and shall not be deducted, in whole or in part, from the wages of individuals in employment for the employer.

(b) In the payment of any contributions, a fractional part of a cent shall be disregarded unless it amounts to one-half cent (½¢) or more, in which case it shall be increased by one cent (1¢).

(c) (1) Determinations of liability are conclusive and binding unless within thirty (30) calendar days after the mailing date of the determination the employer requests an administrative determination of coverage under § 11-10-308 . (2) However, if the director determines that the request for an administrative determination of coverage is not perfected within the thirty-calendar-day period as a result of circumstances beyond the employer's control, the director may consider the request as having been filed timely.

(1) Determinations of liability are conclusive and binding unless within thirty (30) calendar days after the mailing date of the determination the employer requests an administrative determination of coverage under § 11-10-308 .

(2) However, if the director determines that the request for an administrative determination of coverage is not perfected within the thirty-calendar-day period as a result of circumstances beyond the employer's control, the director may consider the request as having been filed timely.

Amended by Act 2019, No. 315,§ 827, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 283, eff. 7/1/2019.

Amended by Act 2015, No. 690,§ 3, eff. 7/1/2015.

Acts 1941, No. 391, § 7; 1943, No. 138, § 11; 1963, No. 93, § 9; A.S.A. 1947, § 81-1108.
Ark. Code Ann. § 11-3-205 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-205
Private employers - Leave for bone marrow or organ donation - Withholding tax credit
Status: in_force

(a) As used in this section: (1) "Bone marrow donor" means a person from whose body bone marrow is taken to be transferred to the body of another person; (2) "Organ" means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes; (3) "Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person; and (4) (A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. (B) "Private employer" does not include a municipality, county, state agency, institution of higher education, or other public employer. (b) (1) In addition to any medical, personal, or other paid leave provided by the employer, a private employer shall grant an employee an unpaid leave of absence to allow the employee to serve as an organ donor or a bone marrow donor if the employee requests a leave of absence in writing. (2) The length of the leave of absence shall be equal to the time requested by the employee or ninety (90) days, whichever is less. (3) A private employer may grant a paid or unpaid leave of absence for a length of time greater than ninety (90) days. (c) (1) If a private employer agrees to pay the employee's regular salary or wages during the leave of absence required under subsection (b) of this section, then the private employer is entitled to a credit against the private employer's Arkansas withholding tax liability. (2) (A) The amount of the credit provided in subdivision (c)(1) of this section shall be equal to twenty-five percent (25%) of the regular salary or wages paid to the employee while the employee was on a leave of absence required under subsection (b) of this section. (B) However, if the private employer grants the employee a leave of absence greater than ninety (90) days, the credit provided under this subsection shall be limited to the regular salary or wages paid during the first ninety (90) days of the leave of absence. (3) The credit shall be taken within one (1) year of the date upon which the leave required under subsection (b) of this section begins. (d) This section shall not apply if the employee is eligible for leave under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq. Acts 2005, No. 2235, § 1.

(a) As used in this section: (1) "Bone marrow donor" means a person from whose body bone marrow is taken to be transferred to the body of another person; (2) "Organ" means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes; (3) "Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person; and (4) (A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. (B) "Private employer" does not include a municipality, county, state agency, institution of higher education, or other public employer.

(1) "Bone marrow donor" means a person from whose body bone marrow is taken to be transferred to the body of another person;

(2) "Organ" means a human organ that is capable of being transferred from the body of a person to the body of another person, including eyes;

(3) "Organ donor" means a person from whose body an organ is taken to be transferred to the body of another person; and

(4) (A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. (B) "Private employer" does not include a municipality, county, state agency, institution of higher education, or other public employer.

(A) "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees.

(B) "Private employer" does not include a municipality, county, state agency, institution of higher education, or other public employer.

(b) (1) In addition to any medical, personal, or other paid leave provided by the employer, a private employer shall grant an employee an unpaid leave of absence to allow the employee to serve as an organ donor or a bone marrow donor if the employee requests a leave of absence in writing. (2) The length of the leave of absence shall be equal to the time requested by the employee or ninety (90) days, whichever is less. (3) A private employer may grant a paid or unpaid leave of absence for a length of time greater than ninety (90) days.

(1) In addition to any medical, personal, or other paid leave provided by the employer, a private employer shall grant an employee an unpaid leave of absence to allow the employee to serve as an organ donor or a bone marrow donor if the employee requests a leave of absence in writing.

(2) The length of the leave of absence shall be equal to the time requested by the employee or ninety (90) days, whichever is less.

(3) A private employer may grant a paid or unpaid leave of absence for a length of time greater than ninety (90) days.

(c) (1) If a private employer agrees to pay the employee's regular salary or wages during the leave of absence required under subsection (b) of this section, then the private employer is entitled to a credit against the private employer's Arkansas withholding tax liability. (2) (A) The amount of the credit provided in subdivision (c)(1) of this section shall be equal to twenty-five percent (25%) of the regular salary or wages paid to the employee while the employee was on a leave of absence required under subsection (b) of this section. (B) However, if the private employer grants the employee a leave of absence greater than ninety (90) days, the credit provided under this subsection shall be limited to the regular salary or wages paid during the first ninety (90) days of the leave of absence. (3) The credit shall be taken within one (1) year of the date upon which the leave required under subsection (b) of this section begins.

(1) If a private employer agrees to pay the employee's regular salary or wages during the leave of absence required under subsection (b) of this section, then the private employer is entitled to a credit against the private employer's Arkansas withholding tax liability.

(2) (A) The amount of the credit provided in subdivision (c)(1) of this section shall be equal to twenty-five percent (25%) of the regular salary or wages paid to the employee while the employee was on a leave of absence required under subsection (b) of this section. (B) However, if the private employer grants the employee a leave of absence greater than ninety (90) days, the credit provided under this subsection shall be limited to the regular salary or wages paid during the first ninety (90) days of the leave of absence.

(A) The amount of the credit provided in subdivision (c)(1) of this section shall be equal to twenty-five percent (25%) of the regular salary or wages paid to the employee while the employee was on a leave of absence required under subsection (b) of this section.

(B) However, if the private employer grants the employee a leave of absence greater than ninety (90) days, the credit provided under this subsection shall be limited to the regular salary or wages paid during the first ninety (90) days of the leave of absence.

(3) The credit shall be taken within one (1) year of the date upon which the leave required under subsection (b) of this section begins.

(d) This section shall not apply if the employee is eligible for leave under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.

Acts 2005, No. 2235, § 1.
Ark. Code Ann. § 11-10-221 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-221
Hospital
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services of the Department of Health, as a hospital. Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "hospital" means an institution that has been licensed, certified, or approved by the Division of Health Facilities Services of the Department of Health, as a hospital.

Acts 1941, No. 391, § 2; 1971, No. 35, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-2-124 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-124
Social media accounts of current and prospective employees - Definitions
Status: in_force

(a) As used in this section: (1) "Employee" means an individual who provides services or labor for wages or other remuneration for an employer; (2) "Employer" means a person or entity engaged in business, an industry, a profession, a trade, or other enterprise in the state or a unit of state or local government, including without limitation an agent, representative, or designee of the employer; and (3) (A) "Social media account" means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including without limitation: (i) Videos; (ii) Photographs; (iii) Blogs; (iv) Podcasts; (v) Messages; (vi) Emails; and (vii) Website profiles or locations. (B) "Social media account" does not include an account: (i) Opened by an employee at the request of an employer; (ii) Provided to an employee by an employer such as a company email account or other software program owned or operated exclusively by an employer; (iii) Set up by an employee on behalf of an employer; or (iv) Set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks. (C) "Social media account" includes without limitation an account established with Facebook, Twitter, LinkedIn, Myspace, or Instagram. (b) (1) An employer shall not require, request, suggest, or cause a current or prospective employee to: (A) Disclose his or her username and password to the current or prospective employee's social media account; or (B) Change the privacy settings associated with his or her social media account. (2) An employer shall not require a current or prospective employee to add another employee, supervisor, or administrator to the list or contacts associated with his or her social media account. (3) If an employer inadvertently receives an employee's username, password, or other login information to the employee's social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer's network, the employer is not liable for having the information but may not use the information to gain access to an employee's social media account. (c) An employer shall not: (1) Take action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his or her rights under subsection (b) of this section; or (2) Fail or refuse to hire a prospective employee for exercising his or her rights under subsection (b) of this section. (d) This section does not prohibit an employer from viewing information about a current or prospective employee that is publicly available on the internet. (e) Nothing in this section: (1) Prevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or (2) (A) Affects an employer's existing rights or obligations to request an employee to disclose his or her username and password for the purpose of accessing a social media account if the employee's social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee's violation of federal, state, or local laws or regulations or of the employer's written policies. (B) If an employer exercises its rights under subdivision (e)(2)(A) of this section, the employee's username and password shall only be used for the purpose of the formal investigation or a related proceeding. Amended by Act 2017, No. 792,§ 1, eff. 8/1/2017. Added by Act 2013, No. 1480,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Employee" means an individual who provides services or labor for wages or other remuneration for an employer; (2) "Employer" means a person or entity engaged in business, an industry, a profession, a trade, or other enterprise in the state or a unit of state or local government, including without limitation an agent, representative, or designee of the employer; and (3) (A) "Social media account" means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including without limitation: (i) Videos; (ii) Photographs; (iii) Blogs; (iv) Podcasts; (v) Messages; (vi) Emails; and (vii) Website profiles or locations. (B) "Social media account" does not include an account: (i) Opened by an employee at the request of an employer; (ii) Provided to an employee by an employer such as a company email account or other software program owned or operated exclusively by an employer; (iii) Set up by an employee on behalf of an employer; or (iv) Set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks. (C) "Social media account" includes without limitation an account established with Facebook, Twitter, LinkedIn, Myspace, or Instagram.

(1) "Employee" means an individual who provides services or labor for wages or other remuneration for an employer;

(2) "Employer" means a person or entity engaged in business, an industry, a profession, a trade, or other enterprise in the state or a unit of state or local government, including without limitation an agent, representative, or designee of the employer; and

(3) (A) "Social media account" means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including without limitation: (i) Videos; (ii) Photographs; (iii) Blogs; (iv) Podcasts; (v) Messages; (vi) Emails; and (vii) Website profiles or locations. (B) "Social media account" does not include an account: (i) Opened by an employee at the request of an employer; (ii) Provided to an employee by an employer such as a company email account or other software program owned or operated exclusively by an employer; (iii) Set up by an employee on behalf of an employer; or (iv) Set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks. (C) "Social media account" includes without limitation an account established with Facebook, Twitter, LinkedIn, Myspace, or Instagram.

(A) "Social media account" means a personal account with an electronic medium or service where users may create, share, or view user-generated content, including without limitation: (i) Videos; (ii) Photographs; (iii) Blogs; (iv) Podcasts; (v) Messages; (vi) Emails; and (vii) Website profiles or locations.

(i) Videos;

(ii) Photographs;

(iii) Blogs;

(iv) Podcasts;

(v) Messages;

(vi) Emails; and

(vii) Website profiles or locations.

(B) "Social media account" does not include an account: (i) Opened by an employee at the request of an employer; (ii) Provided to an employee by an employer such as a company email account or other software program owned or operated exclusively by an employer; (iii) Set up by an employee on behalf of an employer; or (iv) Set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks.

(i) Opened by an employee at the request of an employer;

(ii) Provided to an employee by an employer such as a company email account or other software program owned or operated exclusively by an employer;

(iii) Set up by an employee on behalf of an employer; or

(iv) Set up by an employee to impersonate an employer through the use of the employer's name, logos, or trademarks.

(C) "Social media account" includes without limitation an account established with Facebook, Twitter, LinkedIn, Myspace, or Instagram.

(b) (1) An employer shall not require, request, suggest, or cause a current or prospective employee to: (A) Disclose his or her username and password to the current or prospective employee's social media account; or (B) Change the privacy settings associated with his or her social media account. (2) An employer shall not require a current or prospective employee to add another employee, supervisor, or administrator to the list or contacts associated with his or her social media account. (3) If an employer inadvertently receives an employee's username, password, or other login information to the employee's social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer's network, the employer is not liable for having the information but may not use the information to gain access to an employee's social media account.

(1) An employer shall not require, request, suggest, or cause a current or prospective employee to: (A) Disclose his or her username and password to the current or prospective employee's social media account; or (B) Change the privacy settings associated with his or her social media account.

(A) Disclose his or her username and password to the current or prospective employee's social media account; or

(B) Change the privacy settings associated with his or her social media account.

(2) An employer shall not require a current or prospective employee to add another employee, supervisor, or administrator to the list or contacts associated with his or her social media account.

(3) If an employer inadvertently receives an employee's username, password, or other login information to the employee's social media account through the use of an electronic device provided to the employee by the employer or a program that monitors an employer's network, the employer is not liable for having the information but may not use the information to gain access to an employee's social media account.

(c) An employer shall not: (1) Take action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his or her rights under subsection (b) of this section; or (2) Fail or refuse to hire a prospective employee for exercising his or her rights under subsection (b) of this section.

(1) Take action against or threaten to discharge, discipline, or otherwise penalize a current employee for exercising his or her rights under subsection (b) of this section; or

(2) Fail or refuse to hire a prospective employee for exercising his or her rights under subsection (b) of this section.

(d) This section does not prohibit an employer from viewing information about a current or prospective employee that is publicly available on the internet.

(e) Nothing in this section: (1) Prevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or (2) (A) Affects an employer's existing rights or obligations to request an employee to disclose his or her username and password for the purpose of accessing a social media account if the employee's social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee's violation of federal, state, or local laws or regulations or of the employer's written policies. (B) If an employer exercises its rights under subdivision (e)(2)(A) of this section, the employee's username and password shall only be used for the purpose of the formal investigation or a related proceeding.

(1) Prevents an employer from complying with the requirements of federal, state, or local laws, rules, or regulations or the rules or regulations of self-regulatory organizations; or

(2) (A) Affects an employer's existing rights or obligations to request an employee to disclose his or her username and password for the purpose of accessing a social media account if the employee's social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee's violation of federal, state, or local laws or regulations or of the employer's written policies. (B) If an employer exercises its rights under subdivision (e)(2)(A) of this section, the employee's username and password shall only be used for the purpose of the formal investigation or a related proceeding.

(A) Affects an employer's existing rights or obligations to request an employee to disclose his or her username and password for the purpose of accessing a social media account if the employee's social media account activity is reasonably believed to be relevant to a formal investigation or related proceeding by the employer of allegations of an employee's violation of federal, state, or local laws or regulations or of the employer's written policies.

(B) If an employer exercises its rights under subdivision (e)(2)(A) of this section, the employee's username and password shall only be used for the purpose of the formal investigation or a related proceeding.

Amended by Act 2017, No. 792,§ 1, eff. 8/1/2017.

Added by Act 2013, No. 1480,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-7-206 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-206
State Mine Inspector - Powers and duties
Status: in_force

(a) In addition to the duties imposed upon him or her by law, the State Mine Inspector shall: (1) Recommend to the various operators of coal mines throughout the state all safety rules that he or she shall deem advisable; and (2) Investigate the necessity and feasibility of purchasing and maintaining safety, first aid, rescue, or recovery equipment that he or she shall find feasible and necessary. (b) (1) If he or she shall find the purchase and maintenance of the above-described equipment feasible and necessary, he or she is authorized to purchase and maintain the equipment after the legislative appropriation of necessary funds from the General Revenue Fund Account of the State Apportionment Fund, as directed by the appropriation, and the expenses thereof shall be paid in the same manner as the items provided for in § 11-7-205(b) are directed to be paid. (2) All equipment as above described must be such that it will be adaptable for use in and will be available for use in any and all coal mines in the State of Arkansas. (c) In his or her annual report, the mine inspector shall: (1) Enumerate all recommendations that he or she has made for safety measures and the result thereof; and (2) Recommend to each regular session of the General Assembly the measures as he or she deems necessary for the promotion of safety in coal mines. (d) He or she shall also request appropriations of all funds necessary to accomplish the purposes of this section and § 11-7-205 . Amended by Act 2019, No. 315,§ 773, eff. 7/24/2019. Acts 1943, No. 413, § 3; A.S.A. 1947, § 52-406; Acts 2009, No. 962, § 28; 2011, No. 980, § 2.

(a) In addition to the duties imposed upon him or her by law, the State Mine Inspector shall: (1) Recommend to the various operators of coal mines throughout the state all safety rules that he or she shall deem advisable; and (2) Investigate the necessity and feasibility of purchasing and maintaining safety, first aid, rescue, or recovery equipment that he or she shall find feasible and necessary.

(1) Recommend to the various operators of coal mines throughout the state all safety rules that he or she shall deem advisable; and

(2) Investigate the necessity and feasibility of purchasing and maintaining safety, first aid, rescue, or recovery equipment that he or she shall find feasible and necessary.

(b) (1) If he or she shall find the purchase and maintenance of the above-described equipment feasible and necessary, he or she is authorized to purchase and maintain the equipment after the legislative appropriation of necessary funds from the General Revenue Fund Account of the State Apportionment Fund, as directed by the appropriation, and the expenses thereof shall be paid in the same manner as the items provided for in § 11-7-205(b) are directed to be paid. (2) All equipment as above described must be such that it will be adaptable for use in and will be available for use in any and all coal mines in the State of Arkansas.

(1) If he or she shall find the purchase and maintenance of the above-described equipment feasible and necessary, he or she is authorized to purchase and maintain the equipment after the legislative appropriation of necessary funds from the General Revenue Fund Account of the State Apportionment Fund, as directed by the appropriation, and the expenses thereof shall be paid in the same manner as the items provided for in § 11-7-205(b) are directed to be paid.

(2) All equipment as above described must be such that it will be adaptable for use in and will be available for use in any and all coal mines in the State of Arkansas.

(c) In his or her annual report, the mine inspector shall: (1) Enumerate all recommendations that he or she has made for safety measures and the result thereof; and (2) Recommend to each regular session of the General Assembly the measures as he or she deems necessary for the promotion of safety in coal mines.

(1) Enumerate all recommendations that he or she has made for safety measures and the result thereof; and

(2) Recommend to each regular session of the General Assembly the measures as he or she deems necessary for the promotion of safety in coal mines.

(d) He or she shall also request appropriations of all funds necessary to accomplish the purposes of this section and § 11-7-205 .

Amended by Act 2019, No. 315,§ 773, eff. 7/24/2019.

Acts 1943, No. 413, § 3; A.S.A. 1947, § 52-406; Acts 2009, No. 962, § 28; 2011, No. 980, § 2.