Ark. Code Ann. § 11-5-405 — AR Code / Title 11 / Chapter 5 / Subchapter 4 / Section 11-5-405
Exclusion for insurers
Status: in_force

Notwithstanding any language in this subchapter to the contrary, this subchapter shall not apply to an insurer or to an individual or third party dealing with an insurer in the ordinary course of underwriting, conducting, or administering the business of life, disability income, or long-term care insurance, including, but not limited to, actions taken by an insurer or an individual or third party dealing with an insurer in connection with life, disability income, or long-term care insurance made available by an employer to its employees. Acts 2001, No. 1407, § 1.

Notwithstanding any language in this subchapter to the contrary, this subchapter shall not apply to an insurer or to an individual or third party dealing with an insurer in the ordinary course of underwriting, conducting, or administering the business of life, disability income, or long-term care insurance, including, but not limited to, actions taken by an insurer or an individual or third party dealing with an insurer in connection with life, disability income, or long-term care insurance made available by an employer to its employees.

Acts 2001, No. 1407, § 1.
Ark. Code Ann. § 11-13-103 — AR Code / Title 11 / Chapter 13 / Section 11-13-103
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, §§ 3, 15.

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013.

Acts 1993, No. 1232, §§ 3, 15.
Ark. Code Ann. § 11-10-310 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-310
Director - Personnel
Status: in_force

(a) Subject to other provisions of this chapter, the Director of the Division of Workforce Services is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his or her duties under this chapter. (b) The director may delegate to any such person such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and may, in his or her discretion, bond any person handling moneys or signing checks hereunder. (c) The director is authorized and directed to provide for a merit system covering all persons employed in the administration of this chapter and shall have authority, by rule, to provide for all matters that are appropriate to the maintenance of this system on the basis of efficiency and fitness. (d) The director is authorized to adopt such rules as may be necessary to meet personnel standards promulgated by the Social Security Board pursuant to the Social Security Act, and the Wagner-Peyser Act, and to provide for the maintenance of the merit system required under this section in conjunction with any merit system applicable to any other state agency which meets the personnel standards promulgated by the board. (e) The director may establish new or additional full-time positions if: (1) The new or additional full-time positions are necessary to: (A) Carry out the objectives of the Division of Workforce Services' programs; or (B) Meet federal requirements of new or expanded programs when such needs are financed by federal funds; (2) The director receives the approval of the Office of Personnel Management; (3) Prior to establishing the new or additional full-time positions, the director shall seek approval by the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (4) The director authorizes the employment of no more than two hundred (200) persons in new or additional full-time positions in addition to those positions authorized in the salary schedule; and (5) The rate of pay for the new or additional full-time positions does not exceed those set out in the salary schedule for comparable positions as authorized under the regular salaries section of the division's appropriation act. (f) If the division requests continuation of a growth pool position as established under this subsection and subsection (e) of this section, the position shall be requested as a new position in the division's next budget request. Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act or acts for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-5-101 et seq. Further, the General Assembly has determined that the division may operate more efficiently if some flexibility is provided to the division authorizing broad powers under this subsection and subsection (e) of this section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this subsection and subsection (e) of this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this subsection and subsection (e) of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire subsection and subsection (e) of this section are void. Amended by Act 2023, No. 606,§ 24, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 811, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 197, eff. 7/1/2019. Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.

(a) Subject to other provisions of this chapter, the Director of the Division of Workforce Services is authorized to appoint, fix the compensation, and prescribe the duties and powers of such officers, accountants, attorneys, experts, and other persons as may be necessary in the performance of his or her duties under this chapter.

(b) The director may delegate to any such person such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and may, in his or her discretion, bond any person handling moneys or signing checks hereunder.

(c) The director is authorized and directed to provide for a merit system covering all persons employed in the administration of this chapter and shall have authority, by rule, to provide for all matters that are appropriate to the maintenance of this system on the basis of efficiency and fitness.

(d) The director is authorized to adopt such rules as may be necessary to meet personnel standards promulgated by the Social Security Board pursuant to the Social Security Act, and the Wagner-Peyser Act, and to provide for the maintenance of the merit system required under this section in conjunction with any merit system applicable to any other state agency which meets the personnel standards promulgated by the board.

(e) The director may establish new or additional full-time positions if: (1) The new or additional full-time positions are necessary to: (A) Carry out the objectives of the Division of Workforce Services' programs; or (B) Meet federal requirements of new or expanded programs when such needs are financed by federal funds; (2) The director receives the approval of the Office of Personnel Management; (3) Prior to establishing the new or additional full-time positions, the director shall seek approval by the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee; (4) The director authorizes the employment of no more than two hundred (200) persons in new or additional full-time positions in addition to those positions authorized in the salary schedule; and (5) The rate of pay for the new or additional full-time positions does not exceed those set out in the salary schedule for comparable positions as authorized under the regular salaries section of the division's appropriation act.

(1) The new or additional full-time positions are necessary to: (A) Carry out the objectives of the Division of Workforce Services' programs; or (B) Meet federal requirements of new or expanded programs when such needs are financed by federal funds;

(A) Carry out the objectives of the Division of Workforce Services' programs; or

(B) Meet federal requirements of new or expanded programs when such needs are financed by federal funds;

(2) The director receives the approval of the Office of Personnel Management;

(3) Prior to establishing the new or additional full-time positions, the director shall seek approval by the Legislative Council, or if the General Assembly is in session, the Joint Budget Committee;

(4) The director authorizes the employment of no more than two hundred (200) persons in new or additional full-time positions in addition to those positions authorized in the salary schedule; and

(5) The rate of pay for the new or additional full-time positions does not exceed those set out in the salary schedule for comparable positions as authorized under the regular salaries section of the division's appropriation act.

(f) If the division requests continuation of a growth pool position as established under this subsection and subsection (e) of this section, the position shall be requested as a new position in the division's next budget request. Determining the maximum number of employees and the maximum amount of appropriation and general revenue funding for a state agency each fiscal year is the prerogative of the General Assembly. This is usually accomplished by delineating such maximums in the appropriation act or acts for a state agency and the general revenue allocations authorized for each fund and fund account by amendment to the Revenue Stabilization Law, § 19-5-101 et seq. Further, the General Assembly has determined that the division may operate more efficiently if some flexibility is provided to the division authorizing broad powers under this subsection and subsection (e) of this section. Therefore, it is both necessary and appropriate that the General Assembly maintain oversight by requiring prior approval of the Legislative Council or Joint Budget Committee as provided by this subsection and subsection (e) of this section. The requirement of approval by the Legislative Council or Joint Budget Committee is not a severable part of this subsection and subsection (e) of this section. If the requirement of approval by the Legislative Council or Joint Budget Committee is ruled unconstitutional by a court of competent jurisdiction, this entire subsection and subsection (e) of this section are void.

Amended by Act 2023, No. 606,§ 24, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 811, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 197, eff. 7/1/2019.

Acts 1941, No. 391, § 11; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-10-604 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-604
Criteria for approval
Status: in_force

(a) An employer wishing to participate in a shared work program shall submit a signed written shared work compensation plan to the Director of the Division of Workforce Services for approval. (b) The director shall approve a shared work unemployment compensation plan only if the following criteria are met: (1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program; (2) The employees in the affected group or groups are identified by name, Social Security number, and by any other information required by the director; (3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%); (4) (A) Health benefits and retirement benefits under defined benefit pension plans, as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. (B) However, if the employer reduces the level of benefits under subdivision (b)(4)(A) of this section for its employees who are not in the shared work group, the level of benefits may be reduced by a like amount for the employer's shared work employees; (5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours; (6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers; (7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group. (B) (i) If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group. (ii) If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup; (8) (A) (i) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent. (ii) If the certification of an exclusive bargaining representative has been appealed, the bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes. (B) (i) The plan shall contain a certification by the employer that the employer has made the proposed plan available to: (a) Each employee in the affected group for inspection; or (b) If applicable, to the exclusive bargaining representative. (ii) The plan shall include: (a) A description of how the plan was made available; and (b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible; (9) (A) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with any obligations the employer has under applicable federal and state laws. (B) An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the director receives written notice from the shared work employer that the employee has joined; (10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods; (11) The plan shall not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and (12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the director or his or her authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the director to monitor and evaluate application of the plan after approval. Amended by Act 2019, No. 910,§ 276, eff. 7/1/2019. Amended by Act 2013, No. 956,§ 4, eff. 7/1/2013. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 7; 1991, No. 100, §§ 35, 36.

(a) An employer wishing to participate in a shared work program shall submit a signed written shared work compensation plan to the Director of the Division of Workforce Services for approval.

(b) The director shall approve a shared work unemployment compensation plan only if the following criteria are met: (1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program; (2) The employees in the affected group or groups are identified by name, Social Security number, and by any other information required by the director; (3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%); (4) (A) Health benefits and retirement benefits under defined benefit pension plans, as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. (B) However, if the employer reduces the level of benefits under subdivision (b)(4)(A) of this section for its employees who are not in the shared work group, the level of benefits may be reduced by a like amount for the employer's shared work employees; (5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours; (6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers; (7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group. (B) (i) If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group. (ii) If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup; (8) (A) (i) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent. (ii) If the certification of an exclusive bargaining representative has been appealed, the bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes. (B) (i) The plan shall contain a certification by the employer that the employer has made the proposed plan available to: (a) Each employee in the affected group for inspection; or (b) If applicable, to the exclusive bargaining representative. (ii) The plan shall include: (a) A description of how the plan was made available; and (b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible; (9) (A) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with any obligations the employer has under applicable federal and state laws. (B) An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the director receives written notice from the shared work employer that the employee has joined; (10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods; (11) The plan shall not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and (12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the director or his or her authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the director to monitor and evaluate application of the plan after approval.

(1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program;

(A) Applies to and identifies the specified affected group; and

(B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program;

(2) The employees in the affected group or groups are identified by name, Social Security number, and by any other information required by the director;

(3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%);

(4) (A) Health benefits and retirement benefits under defined benefit pension plans, as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. (B) However, if the employer reduces the level of benefits under subdivision (b)(4)(A) of this section for its employees who are not in the shared work group, the level of benefits may be reduced by a like amount for the employer's shared work employees;

(A) Health benefits and retirement benefits under defined benefit pension plans, as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced.

(B) However, if the employer reduces the level of benefits under subdivision (b)(4)(A) of this section for its employees who are not in the shared work group, the level of benefits may be reduced by a like amount for the employer's shared work employees;

(5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours;

(6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers;

(7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group. (B) (i) If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group. (ii) If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup;

(A) The plan applies to at least ten percent (10%) of the employees in the affected group.

(B) (i) If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group. (ii) If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup;

(i) If the plan applies to all employees in the affected group, the plan provides equal treatment to all employees of the group.

(ii) If the affected group is divided into subgroups, the plan provides equal treatment to employees within each subgroup;

(8) (A) (i) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent. (ii) If the certification of an exclusive bargaining representative has been appealed, the bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes. (B) (i) The plan shall contain a certification by the employer that the employer has made the proposed plan available to: (a) Each employee in the affected group for inspection; or (b) If applicable, to the exclusive bargaining representative. (ii) The plan shall include: (a) A description of how the plan was made available; and (b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;

(A) (i) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent. (ii) If the certification of an exclusive bargaining representative has been appealed, the bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes.

(i) In the case of employees represented by an exclusive bargaining representative, the plan is approved in writing by the collective bargaining agent.

(ii) If the certification of an exclusive bargaining representative has been appealed, the bargaining representative shall be considered to be the exclusive bargaining representative for work sharing plan purposes.

(B) (i) The plan shall contain a certification by the employer that the employer has made the proposed plan available to: (a) Each employee in the affected group for inspection; or (b) If applicable, to the exclusive bargaining representative. (ii) The plan shall include: (a) A description of how the plan was made available; and (b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;

(i) The plan shall contain a certification by the employer that the employer has made the proposed plan available to: (a) Each employee in the affected group for inspection; or (b) If applicable, to the exclusive bargaining representative.

(a) Each employee in the affected group for inspection; or

(b) If applicable, to the exclusive bargaining representative.

(ii) The plan shall include: (a) A description of how the plan was made available; and (b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;

(a) A description of how the plan was made available; and

(b) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;

(9) (A) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with any obligations the employer has under applicable federal and state laws. (B) An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the director receives written notice from the shared work employer that the employee has joined;

(A) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with any obligations the employer has under applicable federal and state laws.

(B) An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the director receives written notice from the shared work employer that the employee has joined;

(10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods;

(11) The plan shall not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and

(12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the director or his or her authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the director to monitor and evaluate application of the plan after approval.

(A) Furnish reports relating to the proper conduct of the plan;

(B) Allow the director or his or her authorized representatives access to all records necessary to verify the plan before approval; and

(C) Allow the director to monitor and evaluate application of the plan after approval.

Amended by Act 2019, No. 910,§ 276, eff. 7/1/2019.

Amended by Act 2013, No. 956,§ 4, eff. 7/1/2013.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 7; 1991, No. 100, §§ 35, 36.
Ark. Code Ann. § 11-9-116 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-116
Fund transfer to support Workers' Compensation Fraud Unit of the State Insurance Department
Status: in_force

(a) (1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers' Compensation Fraud Investigation Unit of the State Insurance Department for the ensuing quarter. (2) Such provided certification shall itemize each position to be utilized in the unit and funded by the commission and make estimates of all other budgetary line items necessary to provide support to the unit. (3) This certification must deduct unexpended and unencumbered balances of the unit from the previous quarter, so that only the current need, excluding unexpended and unencumbered funds, is certified for fund transfer authorized in this section. (b) (1) On or before the first day of each fiscal quarter, the commission shall certify to the Chief Fiscal Officer of the State that funds are available for transfer, upon which certification the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall transfer those funds from the Workers' Compensation Fund of the commission to the fund account used for the maintenance, operation, and support of the unit. (2) The sum of the four (4) quarterly transfers in each fiscal year ending June 30 cannot exceed one hundred fifty thousand dollars ($150,000). Acts 1999, No. 1179, § 9.

(a) (1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers' Compensation Fraud Investigation Unit of the State Insurance Department for the ensuing quarter. (2) Such provided certification shall itemize each position to be utilized in the unit and funded by the commission and make estimates of all other budgetary line items necessary to provide support to the unit. (3) This certification must deduct unexpended and unencumbered balances of the unit from the previous quarter, so that only the current need, excluding unexpended and unencumbered funds, is certified for fund transfer authorized in this section.

(1) One (1) month before the beginning of any fiscal quarter, the Insurance Commissioner shall provide to the Workers' Compensation Commission the estimated funding need of the Workers' Compensation Fraud Investigation Unit of the State Insurance Department for the ensuing quarter.

(2) Such provided certification shall itemize each position to be utilized in the unit and funded by the commission and make estimates of all other budgetary line items necessary to provide support to the unit.

(3) This certification must deduct unexpended and unencumbered balances of the unit from the previous quarter, so that only the current need, excluding unexpended and unencumbered funds, is certified for fund transfer authorized in this section.

(b) (1) On or before the first day of each fiscal quarter, the commission shall certify to the Chief Fiscal Officer of the State that funds are available for transfer, upon which certification the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall transfer those funds from the Workers' Compensation Fund of the commission to the fund account used for the maintenance, operation, and support of the unit. (2) The sum of the four (4) quarterly transfers in each fiscal year ending June 30 cannot exceed one hundred fifty thousand dollars ($150,000).

(1) On or before the first day of each fiscal quarter, the commission shall certify to the Chief Fiscal Officer of the State that funds are available for transfer, upon which certification the Chief Fiscal Officer of the State, the Treasurer of State, and the Auditor of State shall transfer those funds from the Workers' Compensation Fund of the commission to the fund account used for the maintenance, operation, and support of the unit.

(2) The sum of the four (4) quarterly transfers in each fiscal year ending June 30 cannot exceed one hundred fifty thousand dollars ($150,000).

Acts 1999, No. 1179, § 9.
Ark. Code Ann. § 11-9-408 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-408
Insurance policies
Status: in_force

(a) Contents. Every policy or contract of insurance issued by a carrier to an employer to secure the payment of compensation under this chapter shall contain: (1) (A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type. (B) No single policy of workers' compensation insurance may be issued to any group of employers who are unaffiliated with one another in terms of ownership, control, or right to participate in the profits of the affiliated enterprises; (2) Provisions that insolvency or bankruptcy of the employer or discharge therein shall not relieve the carrier from payment of compensation for compensable injuries sustained by an employee during the term of the policy or contract; (3) (A) The agreement of the carrier that it will promptly pay to the person entitled to compensation every installment of compensation that may be awarded or agreed upon and that this obligation shall not be affected by any default of the employer or by any default in the giving of any notice required by the policy or otherwise. (B) The agreement shall be construed to be a direct obligation by the carrier to the person entitled to compensation, enforceable in that person's name; and (4) Such other provisions as the State Insurance Department allows or requires carriers to include in workers' compensation policies as otherwise provided at the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq. (b) Cancellation. (1) An employer may cancel coverage with a carrier by giving the carrier at least thirty (30) days' notice, unless a shorter period is permitted under subdivision (b)(1)(B) of this section. (A) Cancellation of coverage is effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by the carrier, unless a later date is specified in the notice to the carrier. (B) (i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer. (ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer. (2) (A) A notice of cancellation from the carrier shall state the hour and date that cancellation is effective. (B) A carrier shall not cancel coverage issued to an employer under this chapter prior to the date specified for expiration in the policy or contract or until at least thirty (30) days have elapsed after a notice of cancellation has been mailed to the Workers' Compensation Commission and to the employer, or until ten (10) days have elapsed after the notice has been mailed to the employer and to the commission if the cancellation is for nonpayment of premium. (C) However, if the employer procures other insurance within the notice period, the effective date of the new policy shall be the cancellation date of the old policy. (3) Cancellation of coverage by an employer or a carrier shall in no way limit liability that was incurred under the policy or contract prior to the effective date of cancellation. (c) Coverage. (1) No policy or contract of insurance shall be issued against liability under this chapter unless the policy or contract covers the entire liability of the employer. Split coverage whereby some employees of an employer are insured by one carrier and other employees are insured by another carrier, or by the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq., or a plan of self-insurance is expressly prohibited except for: (A) A policy issued in accordance with § 23-92-409 so long as all employees performing services for a client are covered under the same policy, contract, or plan; or (B) A policy issued covering the liability of an employer or of multiple employers as to specific jobs, ventures, contracts, or undertakings, but only if the policy meets with the reasonable satisfaction and approval of the Insurance Commissioner that the policy is in the best interest of the employers and the employees concerned and does not unduly or improperly affect the continuity of workers' compensation coverage by seriously and negatively affecting other carriers and agents with outstanding policies issued to any of the employers in issue. (2) As to any questions of liability between the employer and the carrier, the terms of the policy or contract shall govern. (d) Under such rules as may be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, he or she may certify five (5) or more employers as an insurance group which shall be considered an employer for the purposes of this chapter. Amended by Act 2019, No. 315,§ 786, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 38, Acts 1949, p. 1420; Acts 1973, No. 158, § 1; A.S.A. 1947, § 81-1338; Acts 1993, No. 796, § 12; 2003, No. 1750, § 5.

(a) Contents. Every policy or contract of insurance issued by a carrier to an employer to secure the payment of compensation under this chapter shall contain: (1) (A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type. (B) No single policy of workers' compensation insurance may be issued to any group of employers who are unaffiliated with one another in terms of ownership, control, or right to participate in the profits of the affiliated enterprises; (2) Provisions that insolvency or bankruptcy of the employer or discharge therein shall not relieve the carrier from payment of compensation for compensable injuries sustained by an employee during the term of the policy or contract; (3) (A) The agreement of the carrier that it will promptly pay to the person entitled to compensation every installment of compensation that may be awarded or agreed upon and that this obligation shall not be affected by any default of the employer or by any default in the giving of any notice required by the policy or otherwise. (B) The agreement shall be construed to be a direct obligation by the carrier to the person entitled to compensation, enforceable in that person's name; and (4) Such other provisions as the State Insurance Department allows or requires carriers to include in workers' compensation policies as otherwise provided at the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq.

(1) (A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type. (B) No single policy of workers' compensation insurance may be issued to any group of employers who are unaffiliated with one another in terms of ownership, control, or right to participate in the profits of the affiliated enterprises;

(A) Provisions that identify the insured employer and either identify each covered employee or describe covered employees by class or type of labor performed and the estimated number of employees of each such class or type.

(B) No single policy of workers' compensation insurance may be issued to any group of employers who are unaffiliated with one another in terms of ownership, control, or right to participate in the profits of the affiliated enterprises;

(2) Provisions that insolvency or bankruptcy of the employer or discharge therein shall not relieve the carrier from payment of compensation for compensable injuries sustained by an employee during the term of the policy or contract;

(3) (A) The agreement of the carrier that it will promptly pay to the person entitled to compensation every installment of compensation that may be awarded or agreed upon and that this obligation shall not be affected by any default of the employer or by any default in the giving of any notice required by the policy or otherwise. (B) The agreement shall be construed to be a direct obligation by the carrier to the person entitled to compensation, enforceable in that person's name; and

(A) The agreement of the carrier that it will promptly pay to the person entitled to compensation every installment of compensation that may be awarded or agreed upon and that this obligation shall not be affected by any default of the employer or by any default in the giving of any notice required by the policy or otherwise.

(B) The agreement shall be construed to be a direct obligation by the carrier to the person entitled to compensation, enforceable in that person's name; and

(4) Such other provisions as the State Insurance Department allows or requires carriers to include in workers' compensation policies as otherwise provided at the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq.

(b) Cancellation. (1) An employer may cancel coverage with a carrier by giving the carrier at least thirty (30) days' notice, unless a shorter period is permitted under subdivision (b)(1)(B) of this section. (A) Cancellation of coverage is effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by the carrier, unless a later date is specified in the notice to the carrier. (B) (i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer. (ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer. (2) (A) A notice of cancellation from the carrier shall state the hour and date that cancellation is effective. (B) A carrier shall not cancel coverage issued to an employer under this chapter prior to the date specified for expiration in the policy or contract or until at least thirty (30) days have elapsed after a notice of cancellation has been mailed to the Workers' Compensation Commission and to the employer, or until ten (10) days have elapsed after the notice has been mailed to the employer and to the commission if the cancellation is for nonpayment of premium. (C) However, if the employer procures other insurance within the notice period, the effective date of the new policy shall be the cancellation date of the old policy. (3) Cancellation of coverage by an employer or a carrier shall in no way limit liability that was incurred under the policy or contract prior to the effective date of cancellation.

(1) An employer may cancel coverage with a carrier by giving the carrier at least thirty (30) days' notice, unless a shorter period is permitted under subdivision (b)(1)(B) of this section. (A) Cancellation of coverage is effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by the carrier, unless a later date is specified in the notice to the carrier. (B) (i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer. (ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer.

(A) Cancellation of coverage is effective at 12:01 a.m. thirty (30) days after the date the cancellation notice is received by the carrier, unless a later date is specified in the notice to the carrier.

(B) (i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer. (ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer.

(i) An employer may cancel coverage effective less than thirty (30) days after written notice is received by the carrier where the employer obtains other coverage or becomes a self-insurer.

(ii) A cancellation under this subdivision is effective immediately upon the effective date of the other coverage or upon authorization as a self-insurer.

(2) (A) A notice of cancellation from the carrier shall state the hour and date that cancellation is effective. (B) A carrier shall not cancel coverage issued to an employer under this chapter prior to the date specified for expiration in the policy or contract or until at least thirty (30) days have elapsed after a notice of cancellation has been mailed to the Workers' Compensation Commission and to the employer, or until ten (10) days have elapsed after the notice has been mailed to the employer and to the commission if the cancellation is for nonpayment of premium. (C) However, if the employer procures other insurance within the notice period, the effective date of the new policy shall be the cancellation date of the old policy.

(A) A notice of cancellation from the carrier shall state the hour and date that cancellation is effective.

(B) A carrier shall not cancel coverage issued to an employer under this chapter prior to the date specified for expiration in the policy or contract or until at least thirty (30) days have elapsed after a notice of cancellation has been mailed to the Workers' Compensation Commission and to the employer, or until ten (10) days have elapsed after the notice has been mailed to the employer and to the commission if the cancellation is for nonpayment of premium.

(C) However, if the employer procures other insurance within the notice period, the effective date of the new policy shall be the cancellation date of the old policy.

(3) Cancellation of coverage by an employer or a carrier shall in no way limit liability that was incurred under the policy or contract prior to the effective date of cancellation.

(c) Coverage. (1) No policy or contract of insurance shall be issued against liability under this chapter unless the policy or contract covers the entire liability of the employer. Split coverage whereby some employees of an employer are insured by one carrier and other employees are insured by another carrier, or by the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq., or a plan of self-insurance is expressly prohibited except for: (A) A policy issued in accordance with § 23-92-409 so long as all employees performing services for a client are covered under the same policy, contract, or plan; or (B) A policy issued covering the liability of an employer or of multiple employers as to specific jobs, ventures, contracts, or undertakings, but only if the policy meets with the reasonable satisfaction and approval of the Insurance Commissioner that the policy is in the best interest of the employers and the employees concerned and does not unduly or improperly affect the continuity of workers' compensation coverage by seriously and negatively affecting other carriers and agents with outstanding policies issued to any of the employers in issue. (2) As to any questions of liability between the employer and the carrier, the terms of the policy or contract shall govern.

(1) No policy or contract of insurance shall be issued against liability under this chapter unless the policy or contract covers the entire liability of the employer. Split coverage whereby some employees of an employer are insured by one carrier and other employees are insured by another carrier, or by the Arkansas Workers' Compensation Insurance Plan, § 23-67-301 et seq., or a plan of self-insurance is expressly prohibited except for: (A) A policy issued in accordance with § 23-92-409 so long as all employees performing services for a client are covered under the same policy, contract, or plan; or (B) A policy issued covering the liability of an employer or of multiple employers as to specific jobs, ventures, contracts, or undertakings, but only if the policy meets with the reasonable satisfaction and approval of the Insurance Commissioner that the policy is in the best interest of the employers and the employees concerned and does not unduly or improperly affect the continuity of workers' compensation coverage by seriously and negatively affecting other carriers and agents with outstanding policies issued to any of the employers in issue.

(A) A policy issued in accordance with § 23-92-409 so long as all employees performing services for a client are covered under the same policy, contract, or plan; or

(B) A policy issued covering the liability of an employer or of multiple employers as to specific jobs, ventures, contracts, or undertakings, but only if the policy meets with the reasonable satisfaction and approval of the Insurance Commissioner that the policy is in the best interest of the employers and the employees concerned and does not unduly or improperly affect the continuity of workers' compensation coverage by seriously and negatively affecting other carriers and agents with outstanding policies issued to any of the employers in issue.

(2) As to any questions of liability between the employer and the carrier, the terms of the policy or contract shall govern.

(d) Under such rules as may be adopted by the Insurance Commissioner, and notwithstanding other provisions of this chapter, he or she may certify five (5) or more employers as an insurance group which shall be considered an employer for the purposes of this chapter.

Amended by Act 2019, No. 315,§ 786, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 38, Acts 1949, p. 1420; Acts 1973, No. 158, § 1; A.S.A. 1947, § 81-1338; Acts 1993, No. 796, § 12; 2003, No. 1750, § 5.
Ark. Code Ann. § 11-4-201 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-201
Title
Status: in_force

This subchapter shall be known as the "Minimum Wage Act of the State of Arkansas". Acts 1968 (1st Ex. Sess.), No. 25, § 16; A.S.A. 1947, § 81-318.

This subchapter shall be known as the "Minimum Wage Act of the State of Arkansas".

Acts 1968 (1st Ex. Sess.), No. 25, § 16; A.S.A. 1947, § 81-318.
Ark. Code Ann. § 11-10-532 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-532
Claims - Recovery
Status: in_force

(a) (1) If the Director of the Division of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this chapter to which he or she was not entitled, then he or she is liable to repay the amount to the Unemployment Compensation Fund. (2) Once the overpayment becomes final under § 11-10-527 , the amount owed shall accrue interest at the rate of ten percent (10%) per annum beginning thirty (30) days after the date of the first billing statement. (3) (A) (i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments. (ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%). (B) An overpayment established under this subsection that is determined to have been as a result of benefits collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity, shall be repaid before the person receives benefits under this chapter. (C) The portion of the penalty assessed under subdivision (a)(3)(A) of this section in excess of fifteen percent (15%) of the overpayment shall be deposited into a subaccount of the Division of Workforce Services Special Fund under § 19-5-984 , to be entitled the "UI Integrity Fund" that shall be used exclusively for integrity-related activities arising under this chapter. (b) (1) If the director finds that a person has received an amount as benefits under this chapter to which he or she was not entitled by reasons other than fraud, willful misrepresentation, or willful nondisclosure of facts, the person is liable to repay the amount to the Unemployment Compensation Fund. (2) In lieu of requiring the repayment, the director may recover the amount by deduction of any future benefits payable to the person under this chapter unless the director finds that the overpayment was received without fault on the part of the recipient and that its recovery would be against equity and good conscience. (c) A person held liable to repay an amount to the Unemployment Compensation Fund is subject to having any state income tax refund to which he or she may be entitled intercepted pursuant to § 26-36-301 et seq., as administered by the Revenue Division of the Department of Finance and Administration. (d) (1) When an overpayment becomes final under § 11-10-527 , the director shall present a certificate of overpayment describing the amount owed by the claimant to the circuit clerk of the county where the claimant is domiciled. (2) The circuit clerk shall enter the certificate of overpayment in the docket of the circuit court for judgments and decrees and note the time of the filing of the certificate. (3) After entry by the circuit clerk, the certificate of overpayment shall have the force of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) annually. (4) An interest payment recovered from an overpayment to a claimant shall be deposited into the Division of Workforce Services Special Fund. (5) A penalty payment recovered from an overpayment to a claimant shall be deposited into the Unemployment Compensation Fund. (e) The federal income tax refund of a person held liable to repay an amount to the Unemployment Compensation Fund is subject to interception under the Claims Resolution Act of 2010, Pub. L. No. 111-291, or a regulation adopted to implement that law. (f) The Division of Workforce Services may issue an overpayment determination contemporaneously with any other determination. (g) The deductions from future benefits provided for in subdivisions (a)(1) and (b)(2) of this section may proceed during an appeal of the overpayment determination. Amended by Act 2023, No. 197,§ 4, eff. 3/6/2023. Amended by Act 2019, No. 453,§ 10, eff. 10/1/2019. Amended by Act 2019, No. 453,§ 9, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 263, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 262, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 261, eff. 7/1/2019. Amended by Act 2013, No. 956,§ 3, eff. 7/1/2013. Acts 1941, No. 391, § 6; 1963, No. 93, § 8; 1981, No. 43, § 10; 1985, No. 8, § 7; 1985, No. 9, § 7; A.S.A. 1947, § 81-1107; Acts 1987, No. 753, § 16; 1993, No. 6, § 10; 1997, No. 234, § 21; 1999, No. 1116, §§ 13, 14; 2001, No. 1367, § 8; 2005, No. 902, § 7; 2007, No. 490, § 9; 2009, No. 802, §§ 9-11; 2011, No. 1040, § 3.

(a) (1) If the Director of the Division of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this chapter to which he or she was not entitled, then he or she is liable to repay the amount to the Unemployment Compensation Fund. (2) Once the overpayment becomes final under § 11-10-527 , the amount owed shall accrue interest at the rate of ten percent (10%) per annum beginning thirty (30) days after the date of the first billing statement. (3) (A) (i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments. (ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%). (B) An overpayment established under this subsection that is determined to have been as a result of benefits collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity, shall be repaid before the person receives benefits under this chapter. (C) The portion of the penalty assessed under subdivision (a)(3)(A) of this section in excess of fifteen percent (15%) of the overpayment shall be deposited into a subaccount of the Division of Workforce Services Special Fund under § 19-5-984 , to be entitled the "UI Integrity Fund" that shall be used exclusively for integrity-related activities arising under this chapter.

(1) If the Director of the Division of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this chapter to which he or she was not entitled, then he or she is liable to repay the amount to the Unemployment Compensation Fund.

(2) Once the overpayment becomes final under § 11-10-527 , the amount owed shall accrue interest at the rate of ten percent (10%) per annum beginning thirty (30) days after the date of the first billing statement.

(3) (A) (i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments. (ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%). (B) An overpayment established under this subsection that is determined to have been as a result of benefits collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity, shall be repaid before the person receives benefits under this chapter. (C) The portion of the penalty assessed under subdivision (a)(3)(A) of this section in excess of fifteen percent (15%) of the overpayment shall be deposited into a subaccount of the Division of Workforce Services Special Fund under § 19-5-984 , to be entitled the "UI Integrity Fund" that shall be used exclusively for integrity-related activities arising under this chapter.

(A) (i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments. (ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%).

(i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments.

(ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%).

(B) An overpayment established under this subsection that is determined to have been as a result of benefits collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity, shall be repaid before the person receives benefits under this chapter.

(C) The portion of the penalty assessed under subdivision (a)(3)(A) of this section in excess of fifteen percent (15%) of the overpayment shall be deposited into a subaccount of the Division of Workforce Services Special Fund under § 19-5-984 , to be entitled the "UI Integrity Fund" that shall be used exclusively for integrity-related activities arising under this chapter.

(b) (1) If the director finds that a person has received an amount as benefits under this chapter to which he or she was not entitled by reasons other than fraud, willful misrepresentation, or willful nondisclosure of facts, the person is liable to repay the amount to the Unemployment Compensation Fund. (2) In lieu of requiring the repayment, the director may recover the amount by deduction of any future benefits payable to the person under this chapter unless the director finds that the overpayment was received without fault on the part of the recipient and that its recovery would be against equity and good conscience.

(1) If the director finds that a person has received an amount as benefits under this chapter to which he or she was not entitled by reasons other than fraud, willful misrepresentation, or willful nondisclosure of facts, the person is liable to repay the amount to the Unemployment Compensation Fund.

(2) In lieu of requiring the repayment, the director may recover the amount by deduction of any future benefits payable to the person under this chapter unless the director finds that the overpayment was received without fault on the part of the recipient and that its recovery would be against equity and good conscience.

(c) A person held liable to repay an amount to the Unemployment Compensation Fund is subject to having any state income tax refund to which he or she may be entitled intercepted pursuant to § 26-36-301 et seq., as administered by the Revenue Division of the Department of Finance and Administration.

(d) (1) When an overpayment becomes final under § 11-10-527 , the director shall present a certificate of overpayment describing the amount owed by the claimant to the circuit clerk of the county where the claimant is domiciled. (2) The circuit clerk shall enter the certificate of overpayment in the docket of the circuit court for judgments and decrees and note the time of the filing of the certificate. (3) After entry by the circuit clerk, the certificate of overpayment shall have the force of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) annually. (4) An interest payment recovered from an overpayment to a claimant shall be deposited into the Division of Workforce Services Special Fund. (5) A penalty payment recovered from an overpayment to a claimant shall be deposited into the Unemployment Compensation Fund.

(1) When an overpayment becomes final under § 11-10-527 , the director shall present a certificate of overpayment describing the amount owed by the claimant to the circuit clerk of the county where the claimant is domiciled.

(2) The circuit clerk shall enter the certificate of overpayment in the docket of the circuit court for judgments and decrees and note the time of the filing of the certificate.

(3) After entry by the circuit clerk, the certificate of overpayment shall have the force of a judgment of the circuit court and shall bear interest at the rate of ten percent (10%) annually.

(4) An interest payment recovered from an overpayment to a claimant shall be deposited into the Division of Workforce Services Special Fund.

(5) A penalty payment recovered from an overpayment to a claimant shall be deposited into the Unemployment Compensation Fund.

(e) The federal income tax refund of a person held liable to repay an amount to the Unemployment Compensation Fund is subject to interception under the Claims Resolution Act of 2010, Pub. L. No. 111-291, or a regulation adopted to implement that law.

(f) The Division of Workforce Services may issue an overpayment determination contemporaneously with any other determination.

(g) The deductions from future benefits provided for in subdivisions (a)(1) and (b)(2) of this section may proceed during an appeal of the overpayment determination.

Amended by Act 2023, No. 197,§ 4, eff. 3/6/2023.

Amended by Act 2019, No. 453,§ 10, eff. 10/1/2019.

Amended by Act 2019, No. 453,§ 9, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 263, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 262, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 261, eff. 7/1/2019.

Amended by Act 2013, No. 956,§ 3, eff. 7/1/2013.

Acts 1941, No. 391, § 6; 1963, No. 93, § 8; 1981, No. 43, § 10; 1985, No. 8, § 7; 1985, No. 9, § 7; A.S.A. 1947, § 81-1107; Acts 1987, No. 753, § 16; 1993, No. 6, § 10; 1997, No. 234, § 21; 1999, No. 1116, §§ 13, 14; 2001, No. 1367, § 8; 2005, No. 902, § 7; 2007, No. 490, § 9; 2009, No. 802, §§ 9-11; 2011, No. 1040, § 3.
Ark. Code Ann. § 11-8-108 — AR Code / Title 11 / Chapter 8 / Section 11-8-108
Survival of cause of action
Status: in_force

Any right of action given by §§ 11-8-101 - 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the employee and, if none, then of the employee's parents and, if none, then of the next of kin of the employee, but in these cases, there shall be only one (1) recovery for the same injury. Acts 1913, No. 175, § 7; C. & M. Dig., § 7150; Pope's Dig., § 9136; A.S.A. 1947, § 81-1207.

Any right of action given by §§ 11-8-101 - 11-8-108 to a person suffering injury shall survive to his or her personal representative for the benefit of the surviving spouse and children of the employee and, if none, then of the employee's parents and, if none, then of the next of kin of the employee, but in these cases, there shall be only one (1) recovery for the same injury.

Acts 1913, No. 175, § 7; C. & M. Dig., § 7150; Pope's Dig., § 9136; A.S.A. 1947, § 81-1207.
Ark. Code Ann. § 11-10-308 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-308
Director - Administrative determinations of coverage
Status: in_force

(a) The Director of the Division of Workforce Services may, upon his or her own motion or upon application of an employing unit, after notice and opportunity for hearing, make findings of fact and, on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for or in connection with the business of an employing unit constitute employment for that employing unit. (b) (1) However, the director may at his or her own instance and shall upon the application of any interested party, certify the question of coverage to the Board of Review for its determination. (2) An appeal may be taken from a determination made by the director to the board on all matters with respect to coverage determined by the director within twenty (20) days after the mailing of notice of the findings and determination to the employing unit or, in the absence of mailing, within twenty (20) days after the delivery of the notice. (c) If supported by substantial evidence and in the absence of fraud, a determination of the director, in the absence of appeal therefrom, and a determination of the board shall be conclusive except as to errors of law for all purposes of this chapter except as herein otherwise provided and, together with the record therein made, shall be admissible in any subsequent judicial proceeding involving liability for contributions. (d) A review of the determination made by the director or the board may be had by filing a petition for review in the Court of Appeals within thirty (30) calendar days after the mailing of notice of the determination to the employing unit's last known address, or in the absence of mailing, within thirty (30) calendar days after the delivery of the notice. (e) (1) A determination of the director which has not been appealed and a determination of the board, as provided for in this section, together with the record thereof, may be introduced in any proceeding involving a claim for benefits. (2) The facts therein found and the determination therein made shall not be binding if evidence to the contrary is introduced in the hearing on the claim for benefits. (f) (1) Any party appealing a determination of the director to the board or the court shall be required to file quarterly reports and pay all contributions, penalties, or interest due and owing during the appeal process. (2) Upon finalization of the appeal, if it is found that no tax is owed or a lesser tax, penalty, or interest is owed, then that amount shall be refunded or credited to the employer's account. Amended by Act 2019, No. 910,§ 195, eff. 7/1/2019. Acts 1941, No. 391, § 11; 1943, No. 138, § 14; 1979, No. 252, § 3; 1985, No. 8, § 14; 1985, No. 9, § 14; A.S.A. 1947, § 81-1114; Acts 1997, No. 234, § 6; 2005, No. 902, § 1.

(a) The Director of the Division of Workforce Services may, upon his or her own motion or upon application of an employing unit, after notice and opportunity for hearing, make findings of fact and, on the basis thereof, determinations with respect to whether an employing unit constitutes an employer and whether services performed for or in connection with the business of an employing unit constitute employment for that employing unit.

(b) (1) However, the director may at his or her own instance and shall upon the application of any interested party, certify the question of coverage to the Board of Review for its determination. (2) An appeal may be taken from a determination made by the director to the board on all matters with respect to coverage determined by the director within twenty (20) days after the mailing of notice of the findings and determination to the employing unit or, in the absence of mailing, within twenty (20) days after the delivery of the notice.

(1) However, the director may at his or her own instance and shall upon the application of any interested party, certify the question of coverage to the Board of Review for its determination.

(2) An appeal may be taken from a determination made by the director to the board on all matters with respect to coverage determined by the director within twenty (20) days after the mailing of notice of the findings and determination to the employing unit or, in the absence of mailing, within twenty (20) days after the delivery of the notice.

(c) If supported by substantial evidence and in the absence of fraud, a determination of the director, in the absence of appeal therefrom, and a determination of the board shall be conclusive except as to errors of law for all purposes of this chapter except as herein otherwise provided and, together with the record therein made, shall be admissible in any subsequent judicial proceeding involving liability for contributions.

(d) A review of the determination made by the director or the board may be had by filing a petition for review in the Court of Appeals within thirty (30) calendar days after the mailing of notice of the determination to the employing unit's last known address, or in the absence of mailing, within thirty (30) calendar days after the delivery of the notice.

(e) (1) A determination of the director which has not been appealed and a determination of the board, as provided for in this section, together with the record thereof, may be introduced in any proceeding involving a claim for benefits. (2) The facts therein found and the determination therein made shall not be binding if evidence to the contrary is introduced in the hearing on the claim for benefits.

(1) A determination of the director which has not been appealed and a determination of the board, as provided for in this section, together with the record thereof, may be introduced in any proceeding involving a claim for benefits.

(2) The facts therein found and the determination therein made shall not be binding if evidence to the contrary is introduced in the hearing on the claim for benefits.

(f) (1) Any party appealing a determination of the director to the board or the court shall be required to file quarterly reports and pay all contributions, penalties, or interest due and owing during the appeal process. (2) Upon finalization of the appeal, if it is found that no tax is owed or a lesser tax, penalty, or interest is owed, then that amount shall be refunded or credited to the employer's account.

(1) Any party appealing a determination of the director to the board or the court shall be required to file quarterly reports and pay all contributions, penalties, or interest due and owing during the appeal process.

(2) Upon finalization of the appeal, if it is found that no tax is owed or a lesser tax, penalty, or interest is owed, then that amount shall be refunded or credited to the employer's account.

Amended by Act 2019, No. 910,§ 195, eff. 7/1/2019.

Acts 1941, No. 391, § 11; 1943, No. 138, § 14; 1979, No. 252, § 3; 1985, No. 8, § 14; 1985, No. 9, § 14; A.S.A. 1947, § 81-1114; Acts 1997, No. 234, § 6; 2005, No. 902, § 1.
Ark. Code Ann. § 11-4-206 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-206
Penalties
Status: in_force

(a) (1) Any employer who willfully hinders or delays the Director of the Division of Labor or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter, willfully refuses to admit the director or his or her authorized representative to any place of employment, willfully fails to make, keep, and preserve any records as required under the provisions of this subchapter, willfully falsifies any such record, willfully refuses to make the record accessible to the director or his or her authorized representative upon demand, willfully refuses to furnish a sworn statement of the record or any other information required for the proper enforcement of this subchapter to the director or his or her authorized representative upon demand, willfully fails to post a summary of this subchapter or a copy of any applicable rules as required by § 11-4-216 , pays or agrees to pay minimum wages at a rate less than the rate applicable under this subchapter, or otherwise willfully violates any provision of this subchapter or of any rule issued under this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation. (2) For the purposes of this subsection, each violation shall constitute a separate offense. (b) Any employer who willfully discharges or in any other manner willfully discriminates against any employee because the employee has made any complaint to his or her employer or to the director or his or her authorized representative that he or she has not been paid minimum wages in accordance with the provisions of this subchapter or because the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this subchapter or because the employee has testified or is about to testify in any such proceeding shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation. (c) For the purposes of this section, each day that the violation continues shall constitute a separate offense. (d) The director shall determine the amount of the penalty and shall consider the appropriateness of the penalty to the size of the business and the gravity of the violation. (e) The determination by the director shall be final unless within fifteen (15) days after receipt of notice thereof by certified mail the person, firm, corporation, partnership, or association charged with the violation notifies the director in writing that he or she contests the proposed penalty. In the event that a penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) Upon a final administrative determination, the amount of the penalty may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs. (g) Sums collected under this section shall be paid into the Department of Labor and Licensing Special Fund. (h) Assessment of a civil penalty by the director shall be made no later than three (3) years after the date of the occurrence of the violation. (i) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or any rule issued thereunder. Amended by Act 2019, No. 315,§ 757, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5310, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5309, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 11; A.S.A. 1947, § 81-329; Acts 2001, No. 1423, § 2.

(a) (1) Any employer who willfully hinders or delays the Director of the Division of Labor or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter, willfully refuses to admit the director or his or her authorized representative to any place of employment, willfully fails to make, keep, and preserve any records as required under the provisions of this subchapter, willfully falsifies any such record, willfully refuses to make the record accessible to the director or his or her authorized representative upon demand, willfully refuses to furnish a sworn statement of the record or any other information required for the proper enforcement of this subchapter to the director or his or her authorized representative upon demand, willfully fails to post a summary of this subchapter or a copy of any applicable rules as required by § 11-4-216 , pays or agrees to pay minimum wages at a rate less than the rate applicable under this subchapter, or otherwise willfully violates any provision of this subchapter or of any rule issued under this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation. (2) For the purposes of this subsection, each violation shall constitute a separate offense.

(1) Any employer who willfully hinders or delays the Director of the Division of Labor or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter, willfully refuses to admit the director or his or her authorized representative to any place of employment, willfully fails to make, keep, and preserve any records as required under the provisions of this subchapter, willfully falsifies any such record, willfully refuses to make the record accessible to the director or his or her authorized representative upon demand, willfully refuses to furnish a sworn statement of the record or any other information required for the proper enforcement of this subchapter to the director or his or her authorized representative upon demand, willfully fails to post a summary of this subchapter or a copy of any applicable rules as required by § 11-4-216 , pays or agrees to pay minimum wages at a rate less than the rate applicable under this subchapter, or otherwise willfully violates any provision of this subchapter or of any rule issued under this subchapter shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation.

(2) For the purposes of this subsection, each violation shall constitute a separate offense.

(b) Any employer who willfully discharges or in any other manner willfully discriminates against any employee because the employee has made any complaint to his or her employer or to the director or his or her authorized representative that he or she has not been paid minimum wages in accordance with the provisions of this subchapter or because the employee has caused to be instituted or is about to cause to be instituted any proceeding under or related to this subchapter or because the employee has testified or is about to testify in any such proceeding shall be deemed in violation of this subchapter and shall be subject to a civil penalty of not less than fifty dollars ($50.00) and not more than one thousand dollars ($1,000) for each violation.

(c) For the purposes of this section, each day that the violation continues shall constitute a separate offense.

(d) The director shall determine the amount of the penalty and shall consider the appropriateness of the penalty to the size of the business and the gravity of the violation.

(e) The determination by the director shall be final unless within fifteen (15) days after receipt of notice thereof by certified mail the person, firm, corporation, partnership, or association charged with the violation notifies the director in writing that he or she contests the proposed penalty. In the event that a penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) Upon a final administrative determination, the amount of the penalty may be recovered in a civil action brought by the director in a court of competent jurisdiction without paying costs or giving bond for costs.

(g) Sums collected under this section shall be paid into the Department of Labor and Licensing Special Fund.

(h) Assessment of a civil penalty by the director shall be made no later than three (3) years after the date of the occurrence of the violation.

(i) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or any rule issued thereunder.

Amended by Act 2019, No. 315,§ 757, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5310, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5309, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 11; A.S.A. 1947, § 81-329; Acts 2001, No. 1423, § 2.
Ark. Code Ann. § 11-10-220 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-220
Educational institutions
Status: in_force

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "institution of higher education" means an educational institution that: (A) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate; (B) Is legally authorized in this state to provide a program of education beyond high school; (C) Provides an educational program for which it awards a bachelor's or higher degree, provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and (D) Is a public or other nonprofit institution. (2) Notwithstanding any of the provisions of subdivision (a)(1) of this section, all colleges and universities in this state are institutions of higher education for purposes of this section. (b) For the purposes of this chapter, an educational institution, other than an institution of higher education, is one: (1) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher; (2) Which is approved, licensed, or issued a permit to operate as a school by the Division of Elementary and Secondary Education or other government agency that is authorized within the state to approve, license, or issue a permit for the operation of a school; (3) Which offers a course of study or training which may be academic, technical, trade, or in preparation for gainful employment in a recognized occupation; and (4) Which does not meet the definition of "institution of higher education" as set forth in subsection (a) of this section. Amended by Act 2019, No. 910,§ 2222, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1971, No. 35, § 6; 1977, No. 376, § 6; A.S.A. 1947, § 81-1103.

(a) (1) As used in this chapter, unless the context clearly requires otherwise, "institution of higher education" means an educational institution that: (A) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate; (B) Is legally authorized in this state to provide a program of education beyond high school; (C) Provides an educational program for which it awards a bachelor's or higher degree, provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and (D) Is a public or other nonprofit institution. (2) Notwithstanding any of the provisions of subdivision (a)(1) of this section, all colleges and universities in this state are institutions of higher education for purposes of this section.

(1) As used in this chapter, unless the context clearly requires otherwise, "institution of higher education" means an educational institution that: (A) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate; (B) Is legally authorized in this state to provide a program of education beyond high school; (C) Provides an educational program for which it awards a bachelor's or higher degree, provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and (D) Is a public or other nonprofit institution.

(A) Admits as regular students only individuals having a certificate of graduation from a high school or the recognized equivalent of such a certificate;

(B) Is legally authorized in this state to provide a program of education beyond high school;

(C) Provides an educational program for which it awards a bachelor's or higher degree, provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and

(D) Is a public or other nonprofit institution.

(2) Notwithstanding any of the provisions of subdivision (a)(1) of this section, all colleges and universities in this state are institutions of higher education for purposes of this section.

(b) For the purposes of this chapter, an educational institution, other than an institution of higher education, is one: (1) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher; (2) Which is approved, licensed, or issued a permit to operate as a school by the Division of Elementary and Secondary Education or other government agency that is authorized within the state to approve, license, or issue a permit for the operation of a school; (3) Which offers a course of study or training which may be academic, technical, trade, or in preparation for gainful employment in a recognized occupation; and (4) Which does not meet the definition of "institution of higher education" as set forth in subsection (a) of this section.

(1) In which participants, trainees, or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes, or abilities from, by, or under the guidance of an instructor or teacher;

(2) Which is approved, licensed, or issued a permit to operate as a school by the Division of Elementary and Secondary Education or other government agency that is authorized within the state to approve, license, or issue a permit for the operation of a school;

(3) Which offers a course of study or training which may be academic, technical, trade, or in preparation for gainful employment in a recognized occupation; and

(4) Which does not meet the definition of "institution of higher education" as set forth in subsection (a) of this section.

Amended by Act 2019, No. 910,§ 2222, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1971, No. 35, § 6; 1977, No. 376, § 6; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-10-802 — AR Code / Title 11 / Chapter 10 / Subchapter 8 / Section 11-10-802
Accounts and deposit
Status: in_force

(a) (1) The Director of the Division of Workforce Services shall be ex officio treasurer and custodian of the Unemployment Compensation Fund and disbursing officer of the Division of Workforce Services. (2) The director shall administer the Unemployment Compensation Fund and shall maintain within the Unemployment Compensation Fund three (3) separate accounts: (A) A clearing account; (B) An Unemployment Compensation Trust Fund Account; and (C) A benefit account. (b) (1) (A) All moneys payable to the Unemployment Compensation Fund, upon receipt by the director, shall be immediately deposited into the clearing account. (B) All moneys in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the United States Secretary of the Treasury to the credit of the account of this state in the federal Unemployment Trust Fund, established and maintained pursuant to section 904 of the Social Security Act any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. (C) All moneys received in the clearing account as proceeds of § 11-10-706(c) shall be deposited and credited to the Division of Workforce Services Special Fund, § 19-5-984 , pursuant to § 11-10-716 . (2) The benefit account shall consist of all moneys requisitioned from this state's account in the federal Unemployment Trust Fund in the United States Treasury. (3) Except as otherwise provided in this section, moneys in the clearing and benefit accounts may be deposited into any depository bank in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. (4) It shall be lawful for any bank to secure such deposit with it by the pledge or escrow of the assets of the bank consisting of bonds, notes, or certificates of indebtedness which are direct obligations of the United States or of this state, and moneys in the clearing and benefit accounts shall not be commingled with other state funds but shall be maintained in separate accounts on books of the depository bank, and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state. (c) (1) The director shall furnish bond to the state with a corporate surety thereon, conditioned that he or she will faithfully perform his or her duties of employment and will properly account for all funds received and disbursed by him or her. (2) The bond shall be executed in the amount prescribed and in accordance with the applicable provisions of Arkansas law which prescribe surety bonds for state officers and employees and for officers and employees of state boards and commissions. Amended by Act 2019, No. 910,§ 314, eff. 7/1/2019. Acts 1941, No. 391, § 9; 1959, No. 142, § 1; 1965, No. 33, § 1; 1979, No. 492, § 11; 1979, No. 922, § 11; A.S.A. 1947, § 81-1112; Acts 1991, No. 100, §§ 53, 54; 1997, No. 234, § 28.

(a) (1) The Director of the Division of Workforce Services shall be ex officio treasurer and custodian of the Unemployment Compensation Fund and disbursing officer of the Division of Workforce Services. (2) The director shall administer the Unemployment Compensation Fund and shall maintain within the Unemployment Compensation Fund three (3) separate accounts: (A) A clearing account; (B) An Unemployment Compensation Trust Fund Account; and (C) A benefit account.

(1) The Director of the Division of Workforce Services shall be ex officio treasurer and custodian of the Unemployment Compensation Fund and disbursing officer of the Division of Workforce Services.

(2) The director shall administer the Unemployment Compensation Fund and shall maintain within the Unemployment Compensation Fund three (3) separate accounts: (A) A clearing account; (B) An Unemployment Compensation Trust Fund Account; and (C) A benefit account.

(A) A clearing account;

(B) An Unemployment Compensation Trust Fund Account; and

(C) A benefit account.

(b) (1) (A) All moneys payable to the Unemployment Compensation Fund, upon receipt by the director, shall be immediately deposited into the clearing account. (B) All moneys in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the United States Secretary of the Treasury to the credit of the account of this state in the federal Unemployment Trust Fund, established and maintained pursuant to section 904 of the Social Security Act any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. (C) All moneys received in the clearing account as proceeds of § 11-10-706(c) shall be deposited and credited to the Division of Workforce Services Special Fund, § 19-5-984 , pursuant to § 11-10-716 . (2) The benefit account shall consist of all moneys requisitioned from this state's account in the federal Unemployment Trust Fund in the United States Treasury. (3) Except as otherwise provided in this section, moneys in the clearing and benefit accounts may be deposited into any depository bank in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund. (4) It shall be lawful for any bank to secure such deposit with it by the pledge or escrow of the assets of the bank consisting of bonds, notes, or certificates of indebtedness which are direct obligations of the United States or of this state, and moneys in the clearing and benefit accounts shall not be commingled with other state funds but shall be maintained in separate accounts on books of the depository bank, and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state.

(1) (A) All moneys payable to the Unemployment Compensation Fund, upon receipt by the director, shall be immediately deposited into the clearing account. (B) All moneys in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the United States Secretary of the Treasury to the credit of the account of this state in the federal Unemployment Trust Fund, established and maintained pursuant to section 904 of the Social Security Act any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding. (C) All moneys received in the clearing account as proceeds of § 11-10-706(c) shall be deposited and credited to the Division of Workforce Services Special Fund, § 19-5-984 , pursuant to § 11-10-716 .

(A) All moneys payable to the Unemployment Compensation Fund, upon receipt by the director, shall be immediately deposited into the clearing account.

(B) All moneys in the clearing account after clearance shall, except as otherwise provided in this section, be deposited immediately with the United States Secretary of the Treasury to the credit of the account of this state in the federal Unemployment Trust Fund, established and maintained pursuant to section 904 of the Social Security Act any provisions of law in this state relating to the deposit, administration, release, or disbursement of moneys in the possession or custody of this state to the contrary notwithstanding.

(C) All moneys received in the clearing account as proceeds of § 11-10-706(c) shall be deposited and credited to the Division of Workforce Services Special Fund, § 19-5-984 , pursuant to § 11-10-716 .

(2) The benefit account shall consist of all moneys requisitioned from this state's account in the federal Unemployment Trust Fund in the United States Treasury.

(3) Except as otherwise provided in this section, moneys in the clearing and benefit accounts may be deposited into any depository bank in which general funds of the state may be deposited, but no public deposit insurance charge or premium shall be paid out of the fund.

(4) It shall be lawful for any bank to secure such deposit with it by the pledge or escrow of the assets of the bank consisting of bonds, notes, or certificates of indebtedness which are direct obligations of the United States or of this state, and moneys in the clearing and benefit accounts shall not be commingled with other state funds but shall be maintained in separate accounts on books of the depository bank, and collateral pledged for this purpose shall be kept separate and distinct from any collateral pledged to secure other funds of the state.

(c) (1) The director shall furnish bond to the state with a corporate surety thereon, conditioned that he or she will faithfully perform his or her duties of employment and will properly account for all funds received and disbursed by him or her. (2) The bond shall be executed in the amount prescribed and in accordance with the applicable provisions of Arkansas law which prescribe surety bonds for state officers and employees and for officers and employees of state boards and commissions.

(1) The director shall furnish bond to the state with a corporate surety thereon, conditioned that he or she will faithfully perform his or her duties of employment and will properly account for all funds received and disbursed by him or her.

(2) The bond shall be executed in the amount prescribed and in accordance with the applicable provisions of Arkansas law which prescribe surety bonds for state officers and employees and for officers and employees of state boards and commissions.

Amended by Act 2019, No. 910,§ 314, eff. 7/1/2019.

Acts 1941, No. 391, § 9; 1959, No. 142, § 1; 1965, No. 33, § 1; 1979, No. 492, § 11; 1979, No. 922, § 11; A.S.A. 1947, § 81-1112; Acts 1991, No. 100, §§ 53, 54; 1997, No. 234, § 28.
Ark. Code Ann. § 11-10-227 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-227
Treatment of Indian tribes
Status: in_force

(a) The term "employer" shall include any Indian tribe for which service in employment as defined under this chapter is performed. (b) The term "employment" shall include service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act, provided the service is excluded from "employment" as defined in the Federal Unemployment Tax Act solely by reason of section 3306(c)(7) and is not otherwise excluded from "employment" under this chapter. For purposes of this section, the exclusions from employment in § 11-10-210(a)(4) shall be applicable to services performed in the employ of an Indian tribe. (c) The term "tribal unit" means subdivisions, subsidiaries, and business enterprises wholly owned by an Indian tribe. (d) Benefits based on service in employment defined in this section shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this chapter. (e) (1) Indian tribes or tribal units subject to this chapter shall pay contributions under the same terms and conditions as all other subject employers unless they elect to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe. (2) Indian tribes electing to make payments in lieu of contributions must make the election in the same manner and under the same conditions as provided in § 11-10-713 pertaining to state and local governments and nonprofit organizations subject to this chapter. Indian tribes will determine if reimbursement for benefits paid shall be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units. (3) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions. (f) (1) (A) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within ninety (90) days after receipt of the bill shall cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection (e) of this section, for the following tax year unless payment in full is received before contribution rates for the next tax year are computed. (B) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in subdivision (f)(1)(A) of this section, shall have the option reinstated if, after a period of one (1) year, all contributions have been made timely, provided that no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding. (2) (A) Failure of the Indian tribe or any tribal unit thereof to make required payments, including assessments of interest and penalty, after all collection activities deemed necessary by the Director of the Division of Workforce Services have been exhausted shall cause services performed for the tribe to not be treated as "employment" for purposes of subsection (b) of this section. (B) The director may determine that any Indian tribe that loses coverage under subdivision (f)(2)(A) of this section may have services performed for the tribe again included as "employment" for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions, penalties, and interest have been paid. (C) If an Indian tribe fails to make payments required under subdivisions (f)(2)(A) and (B) of this section, including assessments of interest and penalty, within ninety (90) days after a final notice of delinquency, the director will immediately notify the Internal Revenue Service and the United States Department of Labor. (g) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame: (1) Shall cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act; (2) Shall cause the Indian tribe to lose the option to make payments in lieu of contributions; and (3) Could cause the Indian tribe to be excepted from the definition of "employer", as provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided in subsection (b) of this section, to be excepted from "employment". (h) Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the United States Government shall be financed in their entirety by the Indian tribe. Amended by Act 2019, No. 910,§ 186, eff. 7/1/2019. Acts 2001, No. 1467, § 1.

(a) The term "employer" shall include any Indian tribe for which service in employment as defined under this chapter is performed.

(b) The term "employment" shall include service performed in the employ of an Indian tribe, as defined in section 3306(u) of the Federal Unemployment Tax Act, provided the service is excluded from "employment" as defined in the Federal Unemployment Tax Act solely by reason of section 3306(c)(7) and is not otherwise excluded from "employment" under this chapter. For purposes of this section, the exclusions from employment in § 11-10-210(a)(4) shall be applicable to services performed in the employ of an Indian tribe.

(c) The term "tribal unit" means subdivisions, subsidiaries, and business enterprises wholly owned by an Indian tribe.

(d) Benefits based on service in employment defined in this section shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of other service subject under this chapter.

(e) (1) Indian tribes or tribal units subject to this chapter shall pay contributions under the same terms and conditions as all other subject employers unless they elect to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe. (2) Indian tribes electing to make payments in lieu of contributions must make the election in the same manner and under the same conditions as provided in § 11-10-713 pertaining to state and local governments and nonprofit organizations subject to this chapter. Indian tribes will determine if reimbursement for benefits paid shall be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units. (3) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions.

(1) Indian tribes or tribal units subject to this chapter shall pay contributions under the same terms and conditions as all other subject employers unless they elect to pay into the state unemployment fund amounts equal to the amount of benefits attributable to service in the employ of the Indian tribe.

(2) Indian tribes electing to make payments in lieu of contributions must make the election in the same manner and under the same conditions as provided in § 11-10-713 pertaining to state and local governments and nonprofit organizations subject to this chapter. Indian tribes will determine if reimbursement for benefits paid shall be elected by the tribe as a whole, by individual tribal units, or by combinations of individual tribal units.

(3) Indian tribes or tribal units shall be billed for the full amount of benefits attributable to service in the employ of the Indian tribe or tribal unit on the same schedule as other employing units that have elected to make payments in lieu of contributions.

(f) (1) (A) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within ninety (90) days after receipt of the bill shall cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection (e) of this section, for the following tax year unless payment in full is received before contribution rates for the next tax year are computed. (B) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in subdivision (f)(1)(A) of this section, shall have the option reinstated if, after a period of one (1) year, all contributions have been made timely, provided that no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding. (2) (A) Failure of the Indian tribe or any tribal unit thereof to make required payments, including assessments of interest and penalty, after all collection activities deemed necessary by the Director of the Division of Workforce Services have been exhausted shall cause services performed for the tribe to not be treated as "employment" for purposes of subsection (b) of this section. (B) The director may determine that any Indian tribe that loses coverage under subdivision (f)(2)(A) of this section may have services performed for the tribe again included as "employment" for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions, penalties, and interest have been paid. (C) If an Indian tribe fails to make payments required under subdivisions (f)(2)(A) and (B) of this section, including assessments of interest and penalty, within ninety (90) days after a final notice of delinquency, the director will immediately notify the Internal Revenue Service and the United States Department of Labor.

(1) (A) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within ninety (90) days after receipt of the bill shall cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection (e) of this section, for the following tax year unless payment in full is received before contribution rates for the next tax year are computed. (B) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in subdivision (f)(1)(A) of this section, shall have the option reinstated if, after a period of one (1) year, all contributions have been made timely, provided that no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding.

(A) Failure of the Indian tribe or tribal unit to make required payments, including assessments of interest and penalty, within ninety (90) days after receipt of the bill shall cause the Indian tribe to lose the option to make payments in lieu of contributions, as described in subsection (e) of this section, for the following tax year unless payment in full is received before contribution rates for the next tax year are computed.

(B) Any Indian tribe that loses the option to make payments in lieu of contributions due to late payment or nonpayment, as described in subdivision (f)(1)(A) of this section, shall have the option reinstated if, after a period of one (1) year, all contributions have been made timely, provided that no contributions, payments in lieu of contributions for benefits paid, penalties, or interest remain outstanding.

(2) (A) Failure of the Indian tribe or any tribal unit thereof to make required payments, including assessments of interest and penalty, after all collection activities deemed necessary by the Director of the Division of Workforce Services have been exhausted shall cause services performed for the tribe to not be treated as "employment" for purposes of subsection (b) of this section. (B) The director may determine that any Indian tribe that loses coverage under subdivision (f)(2)(A) of this section may have services performed for the tribe again included as "employment" for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions, penalties, and interest have been paid. (C) If an Indian tribe fails to make payments required under subdivisions (f)(2)(A) and (B) of this section, including assessments of interest and penalty, within ninety (90) days after a final notice of delinquency, the director will immediately notify the Internal Revenue Service and the United States Department of Labor.

(A) Failure of the Indian tribe or any tribal unit thereof to make required payments, including assessments of interest and penalty, after all collection activities deemed necessary by the Director of the Division of Workforce Services have been exhausted shall cause services performed for the tribe to not be treated as "employment" for purposes of subsection (b) of this section.

(B) The director may determine that any Indian tribe that loses coverage under subdivision (f)(2)(A) of this section may have services performed for the tribe again included as "employment" for purposes of subsection (b) of this section if all contributions, payments in lieu of contributions, penalties, and interest have been paid.

(C) If an Indian tribe fails to make payments required under subdivisions (f)(2)(A) and (B) of this section, including assessments of interest and penalty, within ninety (90) days after a final notice of delinquency, the director will immediately notify the Internal Revenue Service and the United States Department of Labor.

(g) Notices of payment and reporting delinquency to Indian tribes or their tribal units shall include information that failure to make full payment within the prescribed time frame: (1) Shall cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act; (2) Shall cause the Indian tribe to lose the option to make payments in lieu of contributions; and (3) Could cause the Indian tribe to be excepted from the definition of "employer", as provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided in subsection (b) of this section, to be excepted from "employment".

(1) Shall cause the Indian tribe to be liable for taxes under the Federal Unemployment Tax Act;

(2) Shall cause the Indian tribe to lose the option to make payments in lieu of contributions; and

(3) Could cause the Indian tribe to be excepted from the definition of "employer", as provided in subsection (a) of this section, and services in the employ of the Indian tribe, as provided in subsection (b) of this section, to be excepted from "employment".

(h) Extended benefits paid that are attributable to service in the employ of an Indian tribe and not reimbursed by the United States Government shall be financed in their entirety by the Indian tribe.

Amended by Act 2019, No. 910,§ 186, eff. 7/1/2019.

Acts 2001, No. 1467, § 1.
Ark. Code Ann. § 11-9-302 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-302
Qualifying fees for carriers, third-party administrators, and self-insurers
Status: in_force

(a) Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time of securing the first license to transact business in the state the sum of five hundred dollars ($500) for the privilege of qualifying with the Workers' Compensation Commission for the writing of compensation insurance. (b) At the time of qualifying, each self-insurer or third-party administrator shall pay to the commission the sum of one hundred dollars ($100) for the privilege of qualifying as a self-insurer or third-party administrator. (c) All carriers, self-insurers, or third-party administrators qualifying under the provisions of this chapter shall be required to pay this initial assessment before they shall be qualified. (d) These fees shall be deposited into the Workers' Compensation Fund created in § 11-9-301 . (e) The commission may assess a third-party administrator an annual fee of one hundred dollars ($100). Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 2001, No. 1757, § 4.

(a) Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time of securing the first license to transact business in the state the sum of five hundred dollars ($500) for the privilege of qualifying with the Workers' Compensation Commission for the writing of compensation insurance.

(b) At the time of qualifying, each self-insurer or third-party administrator shall pay to the commission the sum of one hundred dollars ($100) for the privilege of qualifying as a self-insurer or third-party administrator.

(c) All carriers, self-insurers, or third-party administrators qualifying under the provisions of this chapter shall be required to pay this initial assessment before they shall be qualified.

(d) These fees shall be deposited into the Workers' Compensation Fund created in § 11-9-301 .

(e) The commission may assess a third-party administrator an annual fee of one hundred dollars ($100).

Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 2001, No. 1757, § 4.
Ark. Code Ann. § 11-10-719 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-719
Collection - Refunds
Status: in_force

(a) (1) If not later than three (3) years after the date of payment of any amount as a contribution, interest, or penalty pursuant to this chapter, any employer who has made such a payment makes application for an adjustment thereof in connection with a subsequent contribution, interest, or penalty payment, or for a refund because the adjustment cannot be made, and the Director of the Division of Workforce Services determines that payment of the contribution, interest, or penalty, or any portion thereof, was erroneous, the director may allow the employer to make an adjustment of the amount erroneously paid, without interest, in connection with subsequent contribution, interest, or penalty payments by the employer. (2) If the adjustment cannot be made, the director may refund, without interest, from the Unemployment Compensation Fund or from the Division of Workforce Services Special Fund, as applicable, the amount erroneously paid. (b) However, the director shall not allow any adjustment in connection with subsequent contributions for amounts of interest or penalty payments collected on or after July 1, 1965, nor shall he or she refund any payment from the Unemployment Compensation Fund or any account of the Unemployment Compensation Fund, except that he or she may refund any payment from the interest and penalties collected after that date which are in the clearing account pending transfer to the Division of Workforce Services Special Fund. (c) Refunds of contributions pursuant to § 11-10-210(f)(6) shall be refunded by the director from the fund without application of the provisions of this section. (d) (1) For like cause and within the same period, adjustment or refund may be so made on the director's own initiative. (2) In no event shall a refund or adjustment be granted if the director finds that benefit payments have been based on wages payable or paid that have been reported in error. (e) The director is further authorized, upon proof being submitted satisfactorily to him or her, to allow transfer of payment of contributions so that the paying source shall receive credit for contributions paid. Amended by Act 2019, No. 910,§ 306, eff. 7/1/2019. Acts 1941, No. 391, § 14; 1943, No. 138, § 31; 1965, No. 33, § 2; 1971, No. 35, § 18; 1977, No. 376, § 16; A.S.A. 1947, § 81-1117; Acts 1997, No. 234, § 26.

(a) (1) If not later than three (3) years after the date of payment of any amount as a contribution, interest, or penalty pursuant to this chapter, any employer who has made such a payment makes application for an adjustment thereof in connection with a subsequent contribution, interest, or penalty payment, or for a refund because the adjustment cannot be made, and the Director of the Division of Workforce Services determines that payment of the contribution, interest, or penalty, or any portion thereof, was erroneous, the director may allow the employer to make an adjustment of the amount erroneously paid, without interest, in connection with subsequent contribution, interest, or penalty payments by the employer. (2) If the adjustment cannot be made, the director may refund, without interest, from the Unemployment Compensation Fund or from the Division of Workforce Services Special Fund, as applicable, the amount erroneously paid.

(1) If not later than three (3) years after the date of payment of any amount as a contribution, interest, or penalty pursuant to this chapter, any employer who has made such a payment makes application for an adjustment thereof in connection with a subsequent contribution, interest, or penalty payment, or for a refund because the adjustment cannot be made, and the Director of the Division of Workforce Services determines that payment of the contribution, interest, or penalty, or any portion thereof, was erroneous, the director may allow the employer to make an adjustment of the amount erroneously paid, without interest, in connection with subsequent contribution, interest, or penalty payments by the employer.

(2) If the adjustment cannot be made, the director may refund, without interest, from the Unemployment Compensation Fund or from the Division of Workforce Services Special Fund, as applicable, the amount erroneously paid.

(b) However, the director shall not allow any adjustment in connection with subsequent contributions for amounts of interest or penalty payments collected on or after July 1, 1965, nor shall he or she refund any payment from the Unemployment Compensation Fund or any account of the Unemployment Compensation Fund, except that he or she may refund any payment from the interest and penalties collected after that date which are in the clearing account pending transfer to the Division of Workforce Services Special Fund.

(c) Refunds of contributions pursuant to § 11-10-210(f)(6) shall be refunded by the director from the fund without application of the provisions of this section.

(d) (1) For like cause and within the same period, adjustment or refund may be so made on the director's own initiative. (2) In no event shall a refund or adjustment be granted if the director finds that benefit payments have been based on wages payable or paid that have been reported in error.

(1) For like cause and within the same period, adjustment or refund may be so made on the director's own initiative.

(2) In no event shall a refund or adjustment be granted if the director finds that benefit payments have been based on wages payable or paid that have been reported in error.

(e) The director is further authorized, upon proof being submitted satisfactorily to him or her, to allow transfer of payment of contributions so that the paying source shall receive credit for contributions paid.

Amended by Act 2019, No. 910,§ 306, eff. 7/1/2019.

Acts 1941, No. 391, § 14; 1943, No. 138, § 31; 1965, No. 33, § 2; 1971, No. 35, § 18; 1977, No. 376, § 16; A.S.A. 1947, § 81-1117; Acts 1997, No. 234, § 26.
Ark. Code Ann. § 11-14-105 — AR Code / Title 11 / Chapter 14 / Section 11-14-105
Written policy statement
Status: in_force

(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: (1) A general statement of the covered employer's policy on employee drug or alcohol use, which must identify: (A) The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and (B) The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result; (2) A statement advising the employee or job applicant of the existence of this section; (3) A general statement concerning confidentiality; (4) Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use; (5) The consequences of refusing to submit to a drug or alcohol test; (6) A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs; (7) A statement that: (A) An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer within five (5) working days after receiving written notification of the test result; (B) If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and (C) A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission; (8) A statement informing the employee or job applicant of the employee's responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section; (9) A list of all drug classes for which the employer may test; (10) A statement regarding any applicable collective bargaining agreement or contract and any right to appeal to the applicable court; (11) A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication; and (12) A statement complying with the requirements for notice under § 11-14-101 . (b) A covered employer shall ensure that at least sixty (60) days elapse between a general one-time notice to all employees that a drug-free workplace program is being implemented and the effective date of the program. (c) A covered employer shall include notice of drug and alcohol testing on vacancy announcements for positions for which drug or alcohol testing is required. A notice of the covered employer's drug and alcohol testing policy must also be posted in an appropriate and conspicuous location on the covered employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the covered employer during regular business hours in the covered employer's personnel office or other suitable locations. (d) Subject to any applicable provisions of a collective bargaining agreement or any applicable labor law, a covered employer may rescind its coverage under this chapter by posting a written and dated notice in an appropriate and conspicuous location on its premises. The notice shall state that the policy will no longer be conducted pursuant to this chapter. The employer shall also provide sixty (60) days' written notice to the employer's workers' compensation insurer of the rescission. As to employees and job applicants, the rescission shall become effective no earlier than sixty (60) days after the date of the posted notice. (e) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission shall develop a model notice and policy for drug-free workplace programs. Acts 1999, No. 1552, § 5; 2001, No. 1757, § 11.

(a) One (1) time only prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains: (1) A general statement of the covered employer's policy on employee drug or alcohol use, which must identify: (A) The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and (B) The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result; (2) A statement advising the employee or job applicant of the existence of this section; (3) A general statement concerning confidentiality; (4) Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use; (5) The consequences of refusing to submit to a drug or alcohol test; (6) A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs; (7) A statement that: (A) An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer within five (5) working days after receiving written notification of the test result; (B) If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and (C) A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission; (8) A statement informing the employee or job applicant of the employee's responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section; (9) A list of all drug classes for which the employer may test; (10) A statement regarding any applicable collective bargaining agreement or contract and any right to appeal to the applicable court; (11) A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication; and (12) A statement complying with the requirements for notice under § 11-14-101 .

(1) A general statement of the covered employer's policy on employee drug or alcohol use, which must identify: (A) The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and (B) The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result;

(A) The types of drug or alcohol testing an employee or job applicant may be required to submit to, including reasonable-suspicion drug or alcohol testing or drug or alcohol testing conducted on any other basis; and

(B) The actions the covered employer may take against an employee or job applicant on the basis of a positive confirmed drug or alcohol test result;

(2) A statement advising the employee or job applicant of the existence of this section;

(3) A general statement concerning confidentiality;

(4) Procedures for employees and job applicants to confidentially report the use of prescription or nonprescription medications to a medical review officer after being tested, but only if the testing process has revealed a positive result for the presence of alcohol or drug use;

(5) The consequences of refusing to submit to a drug or alcohol test;

(6) A representative sampling of names, addresses, and telephone numbers of employee assistance programs and local drug or alcohol rehabilitation programs;

(7) A statement that: (A) An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer within five (5) working days after receiving written notification of the test result; (B) If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and (C) A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission;

(A) An employee or job applicant who receives a positive confirmed test result may contest or explain the result to the medical review officer within five (5) working days after receiving written notification of the test result;

(B) If an employee's or job applicant's explanation or challenge is unsatisfactory to the medical review officer, the medical review officer shall report a positive test result back to the covered employer; and

(C) A person may contest the drug or alcohol test result pursuant to rules adopted by the Workers' Health and Safety Division of the Workers' Compensation Commission;

(8) A statement informing the employee or job applicant of the employee's responsibility to notify the laboratory of any administrative or civil action brought pursuant to this section;

(9) A list of all drug classes for which the employer may test;

(10) A statement regarding any applicable collective bargaining agreement or contract and any right to appeal to the applicable court;

(11) A statement notifying employees and job applicants of their right to consult with a medical review officer for technical information regarding prescription or nonprescription medication; and

(12) A statement complying with the requirements for notice under § 11-14-101 .

(b) A covered employer shall ensure that at least sixty (60) days elapse between a general one-time notice to all employees that a drug-free workplace program is being implemented and the effective date of the program.

(c) A covered employer shall include notice of drug and alcohol testing on vacancy announcements for positions for which drug or alcohol testing is required. A notice of the covered employer's drug and alcohol testing policy must also be posted in an appropriate and conspicuous location on the covered employer's premises, and copies of the policy must be made available for inspection by the employees or job applicants of the covered employer during regular business hours in the covered employer's personnel office or other suitable locations.

(d) Subject to any applicable provisions of a collective bargaining agreement or any applicable labor law, a covered employer may rescind its coverage under this chapter by posting a written and dated notice in an appropriate and conspicuous location on its premises. The notice shall state that the policy will no longer be conducted pursuant to this chapter. The employer shall also provide sixty (60) days' written notice to the employer's workers' compensation insurer of the rescission. As to employees and job applicants, the rescission shall become effective no earlier than sixty (60) days after the date of the posted notice.

(e) The Director of the Workers' Health and Safety Division of the Workers' Compensation Commission shall develop a model notice and policy for drug-free workplace programs.

Acts 1999, No. 1552, § 5; 2001, No. 1757, § 11.
Ark. Code Ann. § 11-9-701 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-701
Notice of injury or death
Status: in_force

(a) (1) Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers' Compensation Commission and to a person or at a place specified by the employer, and the employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury. (2) All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements. (3) The foregoing shall not apply when an employee requires emergency medical treatment outside the employer's normal business hours; however, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day. (b) (1) Failure to give the notice shall not bar any claim: (A) If the employer had knowledge of the injury or death; (B) If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or (C) If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given. (2) Objection to failure to give notice must be made at or before the first hearing on the claim. Init. Meas. 1948, No. 4, § 17, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 14; 1979, No. 253, § 5; 1986 (2nd Ex. Sess.), No. 10, § 7; A.S.A. 1947, § 81-1317; reen. Acts 1987, No. 1015, § 14.

(a) (1) Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers' Compensation Commission and to a person or at a place specified by the employer, and the employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury. (2) All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements. (3) The foregoing shall not apply when an employee requires emergency medical treatment outside the employer's normal business hours; however, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day.

(1) Unless an injury either renders the employee physically or mentally unable to do so, or is made known to the employer immediately after it occurs, the employee shall report the injury to the employer on a form prescribed or approved by the Workers' Compensation Commission and to a person or at a place specified by the employer, and the employer shall not be responsible for disability, medical, or other benefits prior to receipt of the employee's report of injury.

(2) All reporting procedures specified by the employer must be reasonable and shall afford each employee reasonable notice of the reporting requirements.

(3) The foregoing shall not apply when an employee requires emergency medical treatment outside the employer's normal business hours; however, in that event, the employee shall cause a report of the injury to be made to the employer on the employer's next regular business day.

(b) (1) Failure to give the notice shall not bar any claim: (A) If the employer had knowledge of the injury or death; (B) If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or (C) If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given. (2) Objection to failure to give notice must be made at or before the first hearing on the claim.

(1) Failure to give the notice shall not bar any claim: (A) If the employer had knowledge of the injury or death; (B) If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or (C) If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given.

(A) If the employer had knowledge of the injury or death;

(B) If the employee had no knowledge that the condition or disease arose out of and in the course of the employment; or

(C) If the commission excuses the failure on the grounds that for some satisfactory reason the notice could not be given.

(2) Objection to failure to give notice must be made at or before the first hearing on the claim.

Init. Meas. 1948, No. 4, § 17, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 14; 1979, No. 253, § 5; 1986 (2nd Ex. Sess.), No. 10, § 7; A.S.A. 1947, § 81-1317; reen. Acts 1987, No. 1015, § 14.
Ark. Code Ann. § 11-9-804 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-804
Lump-sum settlement
Status: in_force

(a) (1) Whenever the Workers' Compensation Commission determines that it is for the best interest of the parties entitled to compensation, and after due notice to all parties in interest of a hearing, the liability of the employer for compensation may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at ten percent (10%) discount, compounded annually. (2) Lump-sum settlements shall not be allowed if the employer presents evidence which proves by a preponderance of the evidence that ordering the compensation discharged in such a manner would result in a substantial adverse effect on the continuing economic viability of the employer. (b) (1) The probability of the death of the injured employee or other persons entitled to compensation before the expiration of the period during which they are entitled to compensation shall, in the absence of special circumstances making such a course improper, be determined in accordance with the following table. (2) It is intended that this table shall be used in conjunction with the discount rate prescribed in subsection (a)(1) of this section for the purpose of calculating the present value of lump-sum settlements to injured employees. Age Average Remaining Lifetime Years Years 1 74.97 2 75.37 3 74.47 4 73.54 5 72.59 6 71.63 7 70.67 8 69.70 9 68.73 10 67.75 11 66.77 12 65.80 13 64.82 14 63.84 15 62.87 16 61.90 17 60.94 18 59.97 19 59.02 20 58.06 21 57.10 22 56.15 23 55.19 24 54.24 25 53.29 26 52.33 27 51.38 28 50.42 29 49.47 30 48.52 31 47.57 32 46.62 33 45.68 34 44.73 35 43.79 36 42.86 37 41.92 38 40.66 39 40.07 40 39.14 41 38.23 42 37.31 43 36.41 44 35.50 45 34.60 46 33.71 47 32.83 48 31.95 49 31.08 50 30.21 51 29.35 52 28.49 53 27.65 54 26.80 55 25.97 56 25.14 57 24.31 58 23.49 59 22.68 60 21.88 61 21.09 62 20.30 63 19.53 64 18.76 65 18.00 66 17.25 67 16.51 68 15.78 69 15.06 70 14.35 71 13.67 72 13.01 73 12.38 74 11.77 75 11.18 76 10.61 77 10.04 78 9.48 79 8.93 80 8.40 81 7.90 82 7.42 83 6.98 84 6.57 85 6.17 86 5.80 87 5.43 88 5.09 89 4.77 90 4.47 91 4.18 92 3.92 93 3.69 94 3.50 95 3.33 96 3.18 97 3.06 98 2.95 99 2.85 100 2.77 (c) The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded, except the possibility of the remarriage of the widow, which shall be determined in accordance with the Danish Annuity and Dutch Remarriage Table. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1979, No. 253, § 6; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1989, No. 460, § 1.

(a) (1) Whenever the Workers' Compensation Commission determines that it is for the best interest of the parties entitled to compensation, and after due notice to all parties in interest of a hearing, the liability of the employer for compensation may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at ten percent (10%) discount, compounded annually. (2) Lump-sum settlements shall not be allowed if the employer presents evidence which proves by a preponderance of the evidence that ordering the compensation discharged in such a manner would result in a substantial adverse effect on the continuing economic viability of the employer.

(1) Whenever the Workers' Compensation Commission determines that it is for the best interest of the parties entitled to compensation, and after due notice to all parties in interest of a hearing, the liability of the employer for compensation may be discharged by the payment of a lump sum equal to the present value of all future payments of compensation computed at ten percent (10%) discount, compounded annually.

(2) Lump-sum settlements shall not be allowed if the employer presents evidence which proves by a preponderance of the evidence that ordering the compensation discharged in such a manner would result in a substantial adverse effect on the continuing economic viability of the employer.

(b) (1) The probability of the death of the injured employee or other persons entitled to compensation before the expiration of the period during which they are entitled to compensation shall, in the absence of special circumstances making such a course improper, be determined in accordance with the following table. (2) It is intended that this table shall be used in conjunction with the discount rate prescribed in subsection (a)(1) of this section for the purpose of calculating the present value of lump-sum settlements to injured employees. Age Average Remaining Lifetime Years Years 1 74.97 2 75.37 3 74.47 4 73.54 5 72.59 6 71.63 7 70.67 8 69.70 9 68.73 10 67.75 11 66.77 12 65.80 13 64.82 14 63.84 15 62.87 16 61.90 17 60.94 18 59.97 19 59.02 20 58.06 21 57.10 22 56.15 23 55.19 24 54.24 25 53.29 26 52.33 27 51.38 28 50.42 29 49.47 30 48.52 31 47.57 32 46.62 33 45.68 34 44.73 35 43.79 36 42.86 37 41.92 38 40.66 39 40.07 40 39.14 41 38.23 42 37.31 43 36.41 44 35.50 45 34.60 46 33.71 47 32.83 48 31.95 49 31.08 50 30.21 51 29.35 52 28.49 53 27.65 54 26.80 55 25.97 56 25.14 57 24.31 58 23.49 59 22.68 60 21.88 61 21.09 62 20.30 63 19.53 64 18.76 65 18.00 66 17.25 67 16.51 68 15.78 69 15.06 70 14.35 71 13.67 72 13.01 73 12.38 74 11.77 75 11.18 76 10.61 77 10.04 78 9.48 79 8.93 80 8.40 81 7.90 82 7.42 83 6.98 84 6.57 85 6.17 86 5.80 87 5.43 88 5.09 89 4.77 90 4.47 91 4.18 92 3.92 93 3.69 94 3.50 95 3.33 96 3.18 97 3.06 98 2.95 99 2.85 100 2.77

(1) The probability of the death of the injured employee or other persons entitled to compensation before the expiration of the period during which they are entitled to compensation shall, in the absence of special circumstances making such a course improper, be determined in accordance with the following table.

(2) It is intended that this table shall be used in conjunction with the discount rate prescribed in subsection (a)(1) of this section for the purpose of calculating the present value of lump-sum settlements to injured employees. Age Average Remaining Lifetime Years Years 1 74.97 2 75.37 3 74.47 4 73.54 5 72.59 6 71.63 7 70.67 8 69.70 9 68.73 10 67.75 11 66.77 12 65.80 13 64.82 14 63.84 15 62.87 16 61.90 17 60.94 18 59.97 19 59.02 20 58.06 21 57.10 22 56.15 23 55.19 24 54.24 25 53.29 26 52.33 27 51.38 28 50.42 29 49.47 30 48.52 31 47.57 32 46.62 33 45.68 34 44.73 35 43.79 36 42.86 37 41.92 38 40.66 39 40.07 40 39.14 41 38.23 42 37.31 43 36.41 44 35.50 45 34.60 46 33.71 47 32.83 48 31.95 49 31.08 50 30.21 51 29.35 52 28.49 53 27.65 54 26.80 55 25.97 56 25.14 57 24.31 58 23.49 59 22.68 60 21.88 61 21.09 62 20.30 63 19.53 64 18.76 65 18.00 66 17.25 67 16.51 68 15.78 69 15.06 70 14.35 71 13.67 72 13.01 73 12.38 74 11.77 75 11.18 76 10.61 77 10.04 78 9.48 79 8.93 80 8.40 81 7.90 82 7.42 83 6.98 84 6.57 85 6.17 86 5.80 87 5.43 88 5.09 89 4.77 90 4.47 91 4.18 92 3.92 93 3.69 94 3.50 95 3.33 96 3.18 97 3.06 98 2.95 99 2.85 100 2.77

Age Average Remaining Lifetime Years Years 1 74.97 2 75.37 3 74.47 4 73.54 5 72.59 6 71.63 7 70.67 8 69.70 9 68.73 10 67.75 11 66.77 12 65.80 13 64.82 14 63.84 15 62.87 16 61.90 17 60.94 18 59.97 19 59.02 20 58.06 21 57.10 22 56.15 23 55.19 24 54.24 25 53.29 26 52.33 27 51.38 28 50.42 29 49.47 30 48.52 31 47.57 32 46.62 33 45.68 34 44.73 35 43.79 36 42.86 37 41.92 38 40.66 39 40.07 40 39.14 41 38.23 42 37.31 43 36.41 44 35.50 45 34.60 46 33.71 47 32.83 48 31.95 49 31.08 50 30.21 51 29.35 52 28.49 53 27.65 54 26.80 55 25.97 56 25.14 57 24.31 58 23.49 59 22.68 60 21.88 61 21.09 62 20.30 63 19.53 64 18.76 65 18.00 66 17.25 67 16.51 68 15.78 69 15.06 70 14.35 71 13.67 72 13.01 73 12.38 74 11.77 75 11.18 76 10.61 77 10.04 78 9.48 79 8.93 80 8.40 81 7.90 82 7.42 83 6.98 84 6.57 85 6.17 86 5.80 87 5.43 88 5.09 89 4.77 90 4.47 91 4.18 92 3.92 93 3.69 94 3.50 95 3.33 96 3.18 97 3.06 98 2.95 99 2.85 100 2.77

Age

Average Remaining Lifetime

Years

1

74.97

2

75.37

3

74.47

4

73.54

5

72.59

6

71.63

7

70.67

8

69.70

9

68.73

10

67.75

11

66.77

12

65.80

13

64.82

14

63.84

15

62.87

16

61.90

17

60.94

18

59.97

19

59.02

20

58.06

21

57.10

22

56.15

23

55.19

24

54.24

25

53.29

26

52.33

27

51.38

28

50.42

29

49.47

30

48.52

31

47.57

32

46.62

33

45.68

34

44.73

35

43.79

36

42.86

37

41.92

38

40.66

39

40.07

40

39.14

41

38.23

42

37.31

43

36.41

44

35.50

45

34.60

46

33.71

47

32.83

48

31.95

49

31.08

50

30.21

51

29.35

52

28.49

53

27.65

54

26.80

55

25.97

56

25.14

57

24.31

58

23.49

59

22.68

60

21.88

61

21.09

62

20.30

63

19.53

64

18.76

65

18.00

66

17.25

67

16.51

68

15.78

69

15.06

70

14.35

71

13.67

72

13.01

73

12.38

74

11.77

75

11.18

76

10.61

77

10.04

78

9.48

79

8.93

80

8.40

81

7.90

82

7.42

83

6.98

84

6.57

85

6.17

86

5.80

87

5.43

88

5.09

89

4.77

90

4.47

91

4.18

92

3.92

93

3.69

94

3.50

95

3.33

96

3.18

97

3.06

98

2.95

99

2.85

100

2.77

(c) The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded, except the possibility of the remarriage of the widow, which shall be determined in accordance with the Danish Annuity and Dutch Remarriage Table.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1979, No. 253, § 6; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1989, No. 460, § 1.
Ark. Code Ann. § 11-9-201 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-201
Members - Appointment - Compensation
Status: in_force

(a) (1) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission and shall administer the provisions of this chapter. (2) One (1) member shall be an attorney who has at least five (5) years' experience representing employers in workers' compensation matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of experience as an employer and can be classed as a representative of employers. (3) One (1) member shall be an attorney who has at least five (5) years' experience predominantly representing claimants in workers' compensation matters or employees in labor relations matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of membership in a bona fide labor organization and can be classed as a representative of employees. (4) The third member shall be an attorney, who shall be chair of the commission and who shall have been engaged in active practice of law in the State of Arkansas for not less than five (5) years next preceding the date of his or her appointment. (b) Each member shall receive a salary of five thousand dollars ($5,000) per annum or such other maximum salary as may be established by the Arkansas Constitution for salaries of state employees. The salaries shall be paid from the Workers' Compensation Fund and shall be paid in the manner as are salaries of other state officials or employees. (c) (1) When any member of the commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the particular matter. The special member so appointed shall have all authority and responsibility with respect to the particular matter before the commission as if the person were a regular member of the commission but shall have no authority or responsibility with respect to any other matter before the commission. (2) A person appointed as a special member of the commission pursuant to the provisions of this subdivision shall be entitled to receive a per diem not to exceed one hundred dollars ($100) for each day spent in attending to his or her duties as a special member of the commission. The compensation shall be paid from any funds of the commission which are available for or may legally be used for paying such per diem. Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; Acts 1979, No. 663, §§ 1, 2; A.S.A. 1947, §§ 81-1342 -- 81-1342.2; Acts 1995, No. 546, § 1.

(a) (1) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission and shall administer the provisions of this chapter. (2) One (1) member shall be an attorney who has at least five (5) years' experience representing employers in workers' compensation matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of experience as an employer and can be classed as a representative of employers. (3) One (1) member shall be an attorney who has at least five (5) years' experience predominantly representing claimants in workers' compensation matters or employees in labor relations matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of membership in a bona fide labor organization and can be classed as a representative of employees. (4) The third member shall be an attorney, who shall be chair of the commission and who shall have been engaged in active practice of law in the State of Arkansas for not less than five (5) years next preceding the date of his or her appointment.

(1) The Workers' Compensation Commission shall consist of three (3) members appointed by the Governor for terms of six (6) years who shall devote their entire time to the duties of the commission and shall administer the provisions of this chapter.

(2) One (1) member shall be an attorney who has at least five (5) years' experience representing employers in workers' compensation matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of experience as an employer and can be classed as a representative of employers.

(3) One (1) member shall be an attorney who has at least five (5) years' experience predominantly representing claimants in workers' compensation matters or employees in labor relations matters or shall be a person who, on account of his or her previous vocation, employment, or affiliation, has had at least five (5) years of membership in a bona fide labor organization and can be classed as a representative of employees.

(4) The third member shall be an attorney, who shall be chair of the commission and who shall have been engaged in active practice of law in the State of Arkansas for not less than five (5) years next preceding the date of his or her appointment.

(b) Each member shall receive a salary of five thousand dollars ($5,000) per annum or such other maximum salary as may be established by the Arkansas Constitution for salaries of state employees. The salaries shall be paid from the Workers' Compensation Fund and shall be paid in the manner as are salaries of other state officials or employees.

(c) (1) When any member of the commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the particular matter. The special member so appointed shall have all authority and responsibility with respect to the particular matter before the commission as if the person were a regular member of the commission but shall have no authority or responsibility with respect to any other matter before the commission. (2) A person appointed as a special member of the commission pursuant to the provisions of this subdivision shall be entitled to receive a per diem not to exceed one hundred dollars ($100) for each day spent in attending to his or her duties as a special member of the commission. The compensation shall be paid from any funds of the commission which are available for or may legally be used for paying such per diem.

(1) When any member of the commission is disqualified for any reason to hear and participate in the determination of any matter pending before the commission, the Governor shall appoint a qualified person to hear and participate in the decision on the particular matter. The special member so appointed shall have all authority and responsibility with respect to the particular matter before the commission as if the person were a regular member of the commission but shall have no authority or responsibility with respect to any other matter before the commission.

(2) A person appointed as a special member of the commission pursuant to the provisions of this subdivision shall be entitled to receive a per diem not to exceed one hundred dollars ($100) for each day spent in attending to his or her duties as a special member of the commission. The compensation shall be paid from any funds of the commission which are available for or may legally be used for paying such per diem.

Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; Acts 1979, No. 663, §§ 1, 2; A.S.A. 1947, §§ 81-1342 -- 81-1342.2; Acts 1995, No. 546, § 1.
Ark. Code Ann. § 11-2-201 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Mediation and Conciliation Service Nondisclosure Act". Acts 1979, No. 750, § 1; A.S.A. 1947, § 81-125.

This subchapter may be cited as the "Arkansas Mediation and Conciliation Service Nondisclosure Act".

Acts 1979, No. 750, § 1; A.S.A. 1947, § 81-125.
Ark. Code Ann. § 11-11-228 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-228
Filing of fee schedule, forms, and contracts required
Status: in_force

(a) It shall be the duty of every employment agency to file with the Division of Labor a schedule of all fees, charges, and commissions that the agency expects to charge and collect for its service, together with a copy of all forms and contracts to be used in dealings with the public in the operation of its business. (b) The fee schedules, contracts, and forms shall be filed with the division on the date of the agency's application for initial or renewal licensing under this subchapter. (c) Any amendments or supplements to fee schedules, contracts, or forms filed with the division must be filed at least fifteen (15) days before the amendment or supplement is to become effective. (d) It shall be unlawful for any employment agency to charge, demand, collect, or receive a greater compensation for any service performed by the agency than is specified in fee schedules filed with the division or than is specified by this subchapter. Amended by Act 2019, No. 910,§ 5396, eff. 7/1/2019. Acts 1975, No. 493, § 12; A.S.A. 1947, § 81-1024.

(a) It shall be the duty of every employment agency to file with the Division of Labor a schedule of all fees, charges, and commissions that the agency expects to charge and collect for its service, together with a copy of all forms and contracts to be used in dealings with the public in the operation of its business.

(b) The fee schedules, contracts, and forms shall be filed with the division on the date of the agency's application for initial or renewal licensing under this subchapter.

(c) Any amendments or supplements to fee schedules, contracts, or forms filed with the division must be filed at least fifteen (15) days before the amendment or supplement is to become effective.

(d) It shall be unlawful for any employment agency to charge, demand, collect, or receive a greater compensation for any service performed by the agency than is specified in fee schedules filed with the division or than is specified by this subchapter.

Amended by Act 2019, No. 910,§ 5396, eff. 7/1/2019.

Acts 1975, No. 493, § 12; A.S.A. 1947, § 81-1024.
Ark. Code Ann. § 11-4-218 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-218
Employee's remedies
Status: in_force

(a) (1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall: (A) Pay any applicable civil penalties; and (B) Be liable to the employee affected for: (i) The full amount of the wages, less any amount actually paid to the employee by the employer; and (ii) Costs and such reasonable attorney's fees as may be allowed by the court. (2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful. (b) Any agreement between the employee and employer to work for less than minimum wages shall be no defense to the action. (c) The venue of the action shall lie in the circuit court of any county in which the services that are the subject of the employment were performed. (d) (1) The Director of the Division of Labor shall have the authority to fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter. (2) No legal action shall be brought by the director until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order. (3) (A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs. (B) The director's findings of fact shall be conclusive in any such proceeding. (e) (1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter. (2) If the employee brings an action under this subsection, then any complaint before the director by the employee on the same matter shall be dismissed with respect to that employee. (3) (A) The employee shall not be required to exhaust administrative remedies before bringing an action. (B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action. (4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought. (f) When construing this subchapter, a court may look for guidance to state and federal decisions interpreting the Fair Labor Standards Act of 1938, as amended and codified in 29 U.S.C. § 201 et seq., as it existed on January 1, 2017, which decisions and act shall have persuasive authority only. (g) The statute of limitations for causes of action under this subchapter is two (2) years. Amended by Act 2019, No. 853,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 853,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 853,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5319, eff. 7/1/2019. Amended by Act 2017, No. 914,§ 3, eff. 4/5/2017. Acts 1968 (1st Ex. Sess.), No. 25, § 12; 1971, No. 731, § 1; A.S.A. 1947, § 81-330; Acts 1997, No. 221, § 1; 1999, No. 981, § 1; 2006 (1st Ex. Sess.), No. 15, § 5; 2006 (1st Ex. Sess.), No. 16, § 5.

(a) (1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall: (A) Pay any applicable civil penalties; and (B) Be liable to the employee affected for: (i) The full amount of the wages, less any amount actually paid to the employee by the employer; and (ii) Costs and such reasonable attorney's fees as may be allowed by the court. (2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful.

(1) Any employer who pays any employee less than the minimum wages, including overtime compensation or compensatory time off as provided by this subchapter, to which the employee is entitled under or by virtue of this subchapter shall: (A) Pay any applicable civil penalties; and (B) Be liable to the employee affected for: (i) The full amount of the wages, less any amount actually paid to the employee by the employer; and (ii) Costs and such reasonable attorney's fees as may be allowed by the court.

(A) Pay any applicable civil penalties; and

(B) Be liable to the employee affected for: (i) The full amount of the wages, less any amount actually paid to the employee by the employer; and (ii) Costs and such reasonable attorney's fees as may be allowed by the court.

(i) The full amount of the wages, less any amount actually paid to the employee by the employer; and

(ii) Costs and such reasonable attorney's fees as may be allowed by the court.

(2) The employee may be awarded an additional amount up to, but not greater than, the amount under subdivision (a)(1)(B)(i) of this section to be paid as liquidated damages if the employee proves the violation was willful.

(b) Any agreement between the employee and employer to work for less than minimum wages shall be no defense to the action.

(c) The venue of the action shall lie in the circuit court of any county in which the services that are the subject of the employment were performed.

(d) (1) The Director of the Division of Labor shall have the authority to fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter. (2) No legal action shall be brought by the director until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order. (3) (A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs. (B) The director's findings of fact shall be conclusive in any such proceeding.

(1) The Director of the Division of Labor shall have the authority to fully enforce this subchapter by instituting legal action to recover any wages that he or she determines to be due to employees under this subchapter.

(2) No legal action shall be brought by the director until after notice and opportunity for hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and entry of a final administrative order.

(3) (A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs. (B) The director's findings of fact shall be conclusive in any such proceeding.

(A) Following any appeals taken pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., the director shall be entitled to enforce his or her final administrative order in any court of competent jurisdiction without paying costs or giving bond for costs.

(B) The director's findings of fact shall be conclusive in any such proceeding.

(e) (1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter. (2) If the employee brings an action under this subsection, then any complaint before the director by the employee on the same matter shall be dismissed with respect to that employee. (3) (A) The employee shall not be required to exhaust administrative remedies before bringing an action. (B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action. (4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought.

(1) An employee may bring an action for equitable and monetary relief against an employer, including the State of Arkansas or a political subdivision of the state, if the employer pays the employee less than the minimum wages, including overtime wages, to which the employee is entitled under or by virtue of this subchapter.

(2) If the employee brings an action under this subsection, then any complaint before the director by the employee on the same matter shall be dismissed with respect to that employee.

(3) (A) The employee shall not be required to exhaust administrative remedies before bringing an action. (B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action.

(A) The employee shall not be required to exhaust administrative remedies before bringing an action.

(B) There shall be no procedural, pleading, or burden of proof requirements beyond those that apply generally to civil suits in order to maintain the action.

(4) An employee shall not become a party plaintiff to an action under subdivision (e)(1) of this section unless he or she gives consent in writing to become a party to the action and files the consent in the court in which the action is brought.

(f) When construing this subchapter, a court may look for guidance to state and federal decisions interpreting the Fair Labor Standards Act of 1938, as amended and codified in 29 U.S.C. § 201 et seq., as it existed on January 1, 2017, which decisions and act shall have persuasive authority only.

(g) The statute of limitations for causes of action under this subchapter is two (2) years.

Amended by Act 2019, No. 853,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 853,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 853,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5319, eff. 7/1/2019.

Amended by Act 2017, No. 914,§ 3, eff. 4/5/2017.

Acts 1968 (1st Ex. Sess.), No. 25, § 12; 1971, No. 731, § 1; A.S.A. 1947, § 81-330; Acts 1997, No. 221, § 1; 1999, No. 981, § 1; 2006 (1st Ex. Sess.), No. 15, § 5; 2006 (1st Ex. Sess.), No. 16, § 5.
Ark. Code Ann. § 11-10-537 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-537
Extended benefits - Weekly amount
Status: in_force

The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year. Acts 1971, No. 35, § 21; A.S.A. 1947, § 81-1124.

The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount payable to him or her during his or her applicable benefit year.

Acts 1971, No. 35, § 21; A.S.A. 1947, § 81-1124.
Ark. Code Ann. § 11-10-527 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-527
Claims - Conclusiveness of determinations and decisions
Status: in_force

(a) Except insofar as reconsideration of any determination is had under the provisions of § 11-10-522 , any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination that has become final, or in a decision on appeal under §§ 11-10-523 - 11-10-530 that has become final, shall be conclusive for all the purposes of this chapter as between the Director of the Division of Workforce Services, the claimant, and all employing units who had notice of the determination, redetermination, or decision. (b) Subject to appeal proceedings and judicial review as provided in §§ 11-10-520 - 11-10-532 , any determination, redetermination, or decision as to rights to benefits shall be conclusive for all the purposes of this chapter and shall not be subject to collateral attack by any employing unit, irrespective of notice. Amended by Act 2019, No. 910,§ 257, eff. 7/1/2019. Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.

(a) Except insofar as reconsideration of any determination is had under the provisions of § 11-10-522 , any right, fact, or matter in issue, directly passed upon or necessarily involved in a determination or redetermination that has become final, or in a decision on appeal under §§ 11-10-523 - 11-10-530 that has become final, shall be conclusive for all the purposes of this chapter as between the Director of the Division of Workforce Services, the claimant, and all employing units who had notice of the determination, redetermination, or decision.

(b) Subject to appeal proceedings and judicial review as provided in §§ 11-10-520 - 11-10-532 , any determination, redetermination, or decision as to rights to benefits shall be conclusive for all the purposes of this chapter and shall not be subject to collateral attack by any employing unit, irrespective of notice.

Amended by Act 2019, No. 910,§ 257, eff. 7/1/2019.

Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.
Ark. Code Ann. § 11-10-1017 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1017
Unemployment obligation assessment
Status: in_force

(a) (1) (A) Except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , each employer shall pay a separate and additional assessment, to be known as the "unemployment obligation assessment", on wages paid by that employer with respect to employment in addition to the contributions, stabilization and extended benefits taxes, and advance interest taxes levied under §§ 11-10-703 - 11-10-708 . (B) The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate as described in §§ 11-10-704 and 11-10-705 and in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and in effect as of the employer's liability date for employers establishing accounts after the date of the proclamation, by: (i) Twenty-five percent (25%) if the aggregate principal amount of bonds issued is three hundred fifty million dollars ($350,000,000) or less; (ii) Thirty percent (30%) if the aggregate principal amount of bonds issued is three hundred fifty million one dollars ($350,000,001) to four hundred million dollars ($400,000,000); (iii) Thirty-three and five-tenths percent (33.5%) if the aggregate principal amount of bonds issued is four hundred million one dollars ($400,000,001) to four hundred fifty million dollars ($450,000,000); and (iv) Thirty-seven and five-tenths percent (37.5%) if the aggregate principal amount of bonds issued is four hundred fifty million one dollars ($450,000,001) to five hundred million dollars ($500,000,000). (C) (i) The effective date of the unemployment obligation assessment shall be the first day of the calendar quarter immediately following the month in which the Secretary of State certifies the vote of the voters approving the unemployment obligation assessment and the issuance of the bonds under this subchapter. (ii) The unemployment obligation assessment is effective until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter. (2) (A) This unemployment obligation assessment shall not be credited to the separate account of any employer. (B) The unemployment obligation assessment shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures under §§ 11-10-716 - 11-10-722 . (b) (1) Receipts from the unemployment obligation assessment and any penalty and interest on the unemployment obligation assessment shall be deposited into the Unemployment Compensation Fund Clearing Account. (2) At least once each month, deposits of the unemployment obligation assessment payment and any interest and penalty payments applicable to the unemployment obligation assessment shall be deposited into the Division of Workforce Services' Bond Financing Trust Fund. (c) Debt service on the bonds shall be paid in a timely manner and shall not be paid directly or indirectly by an equivalent reduction in unemployment contributions or taxes imposed under: (1) Sections 11-10-701 - 11-10-715 ; or (2) Section 11-10-801 et seq. (d) The unemployment obligation assessment may be used to: (1) Repay the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 ; (2) Pay the costs of issuance of the bonds, including without limitation the costs of bond insurance or other credit enhancement; (3) Pay unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund; (4) Provide a debt service reserve; and (5) Pay capitalized interest on the bonds for a period not to exceed two (2) years. (e) The Director of the Division of Workforce Services shall promulgate rules to carry out the provisions of this section. (f) Upon retirement of all bonds, the following shall be transferred to the Unemployment Compensation Fund: (1) Surplus unemployment obligation assessment collections; and (2) Delinquent taxes, penalties, or interest due under the unemployment obligation assessment. Amended by Act 2019, No. 910,§ 324, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 323, eff. 7/1/2019. Acts 2011, No. 1125, § 1.

(a) (1) (A) Except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , each employer shall pay a separate and additional assessment, to be known as the "unemployment obligation assessment", on wages paid by that employer with respect to employment in addition to the contributions, stabilization and extended benefits taxes, and advance interest taxes levied under §§ 11-10-703 - 11-10-708 . (B) The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate as described in §§ 11-10-704 and 11-10-705 and in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and in effect as of the employer's liability date for employers establishing accounts after the date of the proclamation, by: (i) Twenty-five percent (25%) if the aggregate principal amount of bonds issued is three hundred fifty million dollars ($350,000,000) or less; (ii) Thirty percent (30%) if the aggregate principal amount of bonds issued is three hundred fifty million one dollars ($350,000,001) to four hundred million dollars ($400,000,000); (iii) Thirty-three and five-tenths percent (33.5%) if the aggregate principal amount of bonds issued is four hundred million one dollars ($400,000,001) to four hundred fifty million dollars ($450,000,000); and (iv) Thirty-seven and five-tenths percent (37.5%) if the aggregate principal amount of bonds issued is four hundred fifty million one dollars ($450,000,001) to five hundred million dollars ($500,000,000). (C) (i) The effective date of the unemployment obligation assessment shall be the first day of the calendar quarter immediately following the month in which the Secretary of State certifies the vote of the voters approving the unemployment obligation assessment and the issuance of the bonds under this subchapter. (ii) The unemployment obligation assessment is effective until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter. (2) (A) This unemployment obligation assessment shall not be credited to the separate account of any employer. (B) The unemployment obligation assessment shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures under §§ 11-10-716 - 11-10-722 .

(1) (A) Except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , each employer shall pay a separate and additional assessment, to be known as the "unemployment obligation assessment", on wages paid by that employer with respect to employment in addition to the contributions, stabilization and extended benefits taxes, and advance interest taxes levied under §§ 11-10-703 - 11-10-708 . (B) The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate as described in §§ 11-10-704 and 11-10-705 and in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and in effect as of the employer's liability date for employers establishing accounts after the date of the proclamation, by: (i) Twenty-five percent (25%) if the aggregate principal amount of bonds issued is three hundred fifty million dollars ($350,000,000) or less; (ii) Thirty percent (30%) if the aggregate principal amount of bonds issued is three hundred fifty million one dollars ($350,000,001) to four hundred million dollars ($400,000,000); (iii) Thirty-three and five-tenths percent (33.5%) if the aggregate principal amount of bonds issued is four hundred million one dollars ($400,000,001) to four hundred fifty million dollars ($450,000,000); and (iv) Thirty-seven and five-tenths percent (37.5%) if the aggregate principal amount of bonds issued is four hundred fifty million one dollars ($450,000,001) to five hundred million dollars ($500,000,000). (C) (i) The effective date of the unemployment obligation assessment shall be the first day of the calendar quarter immediately following the month in which the Secretary of State certifies the vote of the voters approving the unemployment obligation assessment and the issuance of the bonds under this subchapter. (ii) The unemployment obligation assessment is effective until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter.

(A) Except employers that have made an election to reimburse the Unemployment Compensation Fund under § 11-10-713(c) , each employer shall pay a separate and additional assessment, to be known as the "unemployment obligation assessment", on wages paid by that employer with respect to employment in addition to the contributions, stabilization and extended benefits taxes, and advance interest taxes levied under §§ 11-10-703 - 11-10-708 .

(B) The unemployment obligation assessment shall be based on the aggregate principal amount of bonds issued for nonrefunding purposes and shall be determined by multiplying the employer's contribution rate as described in §§ 11-10-704 and 11-10-705 and in effect on the date that the Governor issues a proclamation calling an election on the issuance of the bonds for employers with accounts as of such date and in effect as of the employer's liability date for employers establishing accounts after the date of the proclamation, by: (i) Twenty-five percent (25%) if the aggregate principal amount of bonds issued is three hundred fifty million dollars ($350,000,000) or less; (ii) Thirty percent (30%) if the aggregate principal amount of bonds issued is three hundred fifty million one dollars ($350,000,001) to four hundred million dollars ($400,000,000); (iii) Thirty-three and five-tenths percent (33.5%) if the aggregate principal amount of bonds issued is four hundred million one dollars ($400,000,001) to four hundred fifty million dollars ($450,000,000); and (iv) Thirty-seven and five-tenths percent (37.5%) if the aggregate principal amount of bonds issued is four hundred fifty million one dollars ($450,000,001) to five hundred million dollars ($500,000,000).

(i) Twenty-five percent (25%) if the aggregate principal amount of bonds issued is three hundred fifty million dollars ($350,000,000) or less;

(ii) Thirty percent (30%) if the aggregate principal amount of bonds issued is three hundred fifty million one dollars ($350,000,001) to four hundred million dollars ($400,000,000);

(iii) Thirty-three and five-tenths percent (33.5%) if the aggregate principal amount of bonds issued is four hundred million one dollars ($400,000,001) to four hundred fifty million dollars ($450,000,000); and

(iv) Thirty-seven and five-tenths percent (37.5%) if the aggregate principal amount of bonds issued is four hundred fifty million one dollars ($450,000,001) to five hundred million dollars ($500,000,000).

(C) (i) The effective date of the unemployment obligation assessment shall be the first day of the calendar quarter immediately following the month in which the Secretary of State certifies the vote of the voters approving the unemployment obligation assessment and the issuance of the bonds under this subchapter. (ii) The unemployment obligation assessment is effective until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter.

(i) The effective date of the unemployment obligation assessment shall be the first day of the calendar quarter immediately following the month in which the Secretary of State certifies the vote of the voters approving the unemployment obligation assessment and the issuance of the bonds under this subchapter.

(ii) The unemployment obligation assessment is effective until the end of the quarter immediately following the repayment of all bonds authorized under this subchapter.

(2) (A) This unemployment obligation assessment shall not be credited to the separate account of any employer. (B) The unemployment obligation assessment shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures under §§ 11-10-716 - 11-10-722 .

(A) This unemployment obligation assessment shall not be credited to the separate account of any employer.

(B) The unemployment obligation assessment shall be levied and collected in the same manner as contributions and shall be subject to the same penalty and interest, collection, impoundment, priority, lien, certificate of assessment, and assessment provisions and procedures under §§ 11-10-716 - 11-10-722 .

(b) (1) Receipts from the unemployment obligation assessment and any penalty and interest on the unemployment obligation assessment shall be deposited into the Unemployment Compensation Fund Clearing Account. (2) At least once each month, deposits of the unemployment obligation assessment payment and any interest and penalty payments applicable to the unemployment obligation assessment shall be deposited into the Division of Workforce Services' Bond Financing Trust Fund.

(1) Receipts from the unemployment obligation assessment and any penalty and interest on the unemployment obligation assessment shall be deposited into the Unemployment Compensation Fund Clearing Account.

(2) At least once each month, deposits of the unemployment obligation assessment payment and any interest and penalty payments applicable to the unemployment obligation assessment shall be deposited into the Division of Workforce Services' Bond Financing Trust Fund.

(c) Debt service on the bonds shall be paid in a timely manner and shall not be paid directly or indirectly by an equivalent reduction in unemployment contributions or taxes imposed under: (1) Sections 11-10-701 - 11-10-715 ; or (2) Section 11-10-801 et seq.

(1) Sections 11-10-701 - 11-10-715 ; or

(2) Section 11-10-801 et seq.

(d) The unemployment obligation assessment may be used to: (1) Repay the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 ; (2) Pay the costs of issuance of the bonds, including without limitation the costs of bond insurance or other credit enhancement; (3) Pay unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund; (4) Provide a debt service reserve; and (5) Pay capitalized interest on the bonds for a period not to exceed two (2) years.

(1) Repay the principal of and interest on advances from the federal trust fund under Title XII of the Social Security Act, 42 U.S.C. § 1321 ;

(2) Pay the costs of issuance of the bonds, including without limitation the costs of bond insurance or other credit enhancement;

(3) Pay unemployment benefits by depositing bond proceeds into the Unemployment Compensation Fund;

(4) Provide a debt service reserve; and

(5) Pay capitalized interest on the bonds for a period not to exceed two (2) years.

(e) The Director of the Division of Workforce Services shall promulgate rules to carry out the provisions of this section.

(f) Upon retirement of all bonds, the following shall be transferred to the Unemployment Compensation Fund: (1) Surplus unemployment obligation assessment collections; and (2) Delinquent taxes, penalties, or interest due under the unemployment obligation assessment.

(1) Surplus unemployment obligation assessment collections; and

(2) Delinquent taxes, penalties, or interest due under the unemployment obligation assessment.

Amended by Act 2019, No. 910,§ 324, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 323, eff. 7/1/2019.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-11-212 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-212
Employment agency license - Application - Qualifications
Status: in_force

(a) To be eligible to apply for a license to operate an employment agency, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date of the application; (5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and (6) A person who demonstrates business integrity, financial responsibility, and judgment. (b) (1) Every applicant for an initial employment agency license and every applicant for a renewal license shall file with the Director of the Division of Labor a completed application on a form prescribed and furnished by the Director of the Division of Labor. (2) (A) The application shall be signed by the applicant and sworn to before anyone qualified by law to administer oaths. (B) If the applicant is a corporation, the application shall state the names and home addresses of all shareholders, officers, and directors of the corporation and shall be signed and sworn to by the president, treasurer, and secretary thereof. (C) If the applicant is a partnership, the application shall state the names and home addresses of all partners therein and shall be signed and sworn to by all of them. (3) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (4) This application shall also contain such other information as the Director of the Division of Labor may prescribe. Amended by Act 2019, No. 910,§ 5376, eff. 7/1/2019. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) To be eligible to apply for a license to operate an employment agency, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) At least twenty-one (21) years of age; (4) A person whose license has not been revoked within two (2) years from the date of the application; (5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and (6) A person who demonstrates business integrity, financial responsibility, and judgment.

(1) A citizen of the United States;

(2) Of good moral character;

(3) At least twenty-one (21) years of age;

(4) A person whose license has not been revoked within two (2) years from the date of the application;

(5) A person who has completed the twelfth grade, except that the Director of the Division of Labor may establish proof necessary to him or her that the applicant is possessed of a twelfth-grade education in terms of intellectual competency, judgment, and achievement; and

(6) A person who demonstrates business integrity, financial responsibility, and judgment.

(b) (1) Every applicant for an initial employment agency license and every applicant for a renewal license shall file with the Director of the Division of Labor a completed application on a form prescribed and furnished by the Director of the Division of Labor. (2) (A) The application shall be signed by the applicant and sworn to before anyone qualified by law to administer oaths. (B) If the applicant is a corporation, the application shall state the names and home addresses of all shareholders, officers, and directors of the corporation and shall be signed and sworn to by the president, treasurer, and secretary thereof. (C) If the applicant is a partnership, the application shall state the names and home addresses of all partners therein and shall be signed and sworn to by all of them. (3) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (4) This application shall also contain such other information as the Director of the Division of Labor may prescribe.

(1) Every applicant for an initial employment agency license and every applicant for a renewal license shall file with the Director of the Division of Labor a completed application on a form prescribed and furnished by the Director of the Division of Labor.

(2) (A) The application shall be signed by the applicant and sworn to before anyone qualified by law to administer oaths. (B) If the applicant is a corporation, the application shall state the names and home addresses of all shareholders, officers, and directors of the corporation and shall be signed and sworn to by the president, treasurer, and secretary thereof. (C) If the applicant is a partnership, the application shall state the names and home addresses of all partners therein and shall be signed and sworn to by all of them.

(A) The application shall be signed by the applicant and sworn to before anyone qualified by law to administer oaths.

(B) If the applicant is a corporation, the application shall state the names and home addresses of all shareholders, officers, and directors of the corporation and shall be signed and sworn to by the president, treasurer, and secretary thereof.

(C) If the applicant is a partnership, the application shall state the names and home addresses of all partners therein and shall be signed and sworn to by all of them.

(3) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity.

(4) This application shall also contain such other information as the Director of the Division of Labor may prescribe.

Amended by Act 2019, No. 910,§ 5376, eff. 7/1/2019.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.