Ark. Code Ann. § 11-9-406 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-406
Failure to secure payment of compensation - Penalty
Status: in_force

(a) (1) Any employer required to secure the payment of compensation under this chapter who fails to secure compensation shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission payable to the Death and Permanent Total Disability Trust Fund or be guilty of a Class D felony. (2) This subsection shall not affect any other liability of the employer under this chapter. (b) (1) Whenever the commission has reason to believe that any employer required to secure the payment of compensation under this chapter has failed to do so, the commission shall serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to subdivision (b)(5) of this section. (2) (A) An employer may contest a proposed order of the commission issued pursuant to subdivision (b)(1) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing. (B) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both. (C) If a written request for hearing is not filed with the commission within this time, the proposed order, the proposed penalty, or both, shall be a final order of the commission and shall not be subject to further review by any court. (D) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect. (3) (A) If the employer alleges that a carrier has contracted to provide it workers' compensation insurance coverage for the period in question, the employer shall include the allegation in its request for hearing and shall name the carrier. (B) The commission shall promptly notify the carrier of the employer's allegation and of the date of hearing. (C) The carrier shall promptly, and no later than five (5) days prior to the hearing, respond in writing to the employer's allegation by providing evidence of coverage for the period in question or by affirmatively denying the employer's allegation. (4) Hearings conducted under this section shall proceed as provided in §§ 11-9-704 - 11-9-711 . (5) The commission may assess a fine against an employer who fails to secure the payment of compensation in an amount up to one thousand dollars ($1,000) per day of violation payable to the fund. (6) If an employer fails to secure the payment of compensation or pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law or upon appeal, the commission may petition the Pulaski County Circuit Court or of the county where the employer's principal place of business is located for an order enjoining the employer from engaging in further employment until such time as the employer secures the payment of compensation or makes full payment of all civil penalties. Init. Meas. 1948, No. 4, § 39, Acts 1949, p. 1420; A.S.A. 1947, § 81-1339; Acts 1993, No. 796, § 11.

(a) (1) Any employer required to secure the payment of compensation under this chapter who fails to secure compensation shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission payable to the Death and Permanent Total Disability Trust Fund or be guilty of a Class D felony. (2) This subsection shall not affect any other liability of the employer under this chapter.

(1) Any employer required to secure the payment of compensation under this chapter who fails to secure compensation shall be subject to a fine of up to ten thousand dollars ($10,000) as determined by the Workers' Compensation Commission payable to the Death and Permanent Total Disability Trust Fund or be guilty of a Class D felony.

(2) This subsection shall not affect any other liability of the employer under this chapter.

(b) (1) Whenever the commission has reason to believe that any employer required to secure the payment of compensation under this chapter has failed to do so, the commission shall serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to subdivision (b)(5) of this section. (2) (A) An employer may contest a proposed order of the commission issued pursuant to subdivision (b)(1) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing. (B) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both. (C) If a written request for hearing is not filed with the commission within this time, the proposed order, the proposed penalty, or both, shall be a final order of the commission and shall not be subject to further review by any court. (D) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect. (3) (A) If the employer alleges that a carrier has contracted to provide it workers' compensation insurance coverage for the period in question, the employer shall include the allegation in its request for hearing and shall name the carrier. (B) The commission shall promptly notify the carrier of the employer's allegation and of the date of hearing. (C) The carrier shall promptly, and no later than five (5) days prior to the hearing, respond in writing to the employer's allegation by providing evidence of coverage for the period in question or by affirmatively denying the employer's allegation. (4) Hearings conducted under this section shall proceed as provided in §§ 11-9-704 - 11-9-711 . (5) The commission may assess a fine against an employer who fails to secure the payment of compensation in an amount up to one thousand dollars ($1,000) per day of violation payable to the fund. (6) If an employer fails to secure the payment of compensation or pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law or upon appeal, the commission may petition the Pulaski County Circuit Court or of the county where the employer's principal place of business is located for an order enjoining the employer from engaging in further employment until such time as the employer secures the payment of compensation or makes full payment of all civil penalties.

(1) Whenever the commission has reason to believe that any employer required to secure the payment of compensation under this chapter has failed to do so, the commission shall serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to subdivision (b)(5) of this section.

(2) (A) An employer may contest a proposed order of the commission issued pursuant to subdivision (b)(1) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing. (B) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both. (C) If a written request for hearing is not filed with the commission within this time, the proposed order, the proposed penalty, or both, shall be a final order of the commission and shall not be subject to further review by any court. (D) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect.

(A) An employer may contest a proposed order of the commission issued pursuant to subdivision (b)(1) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing.

(B) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both.

(C) If a written request for hearing is not filed with the commission within this time, the proposed order, the proposed penalty, or both, shall be a final order of the commission and shall not be subject to further review by any court.

(D) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect.

(3) (A) If the employer alleges that a carrier has contracted to provide it workers' compensation insurance coverage for the period in question, the employer shall include the allegation in its request for hearing and shall name the carrier. (B) The commission shall promptly notify the carrier of the employer's allegation and of the date of hearing. (C) The carrier shall promptly, and no later than five (5) days prior to the hearing, respond in writing to the employer's allegation by providing evidence of coverage for the period in question or by affirmatively denying the employer's allegation.

(A) If the employer alleges that a carrier has contracted to provide it workers' compensation insurance coverage for the period in question, the employer shall include the allegation in its request for hearing and shall name the carrier.

(B) The commission shall promptly notify the carrier of the employer's allegation and of the date of hearing.

(C) The carrier shall promptly, and no later than five (5) days prior to the hearing, respond in writing to the employer's allegation by providing evidence of coverage for the period in question or by affirmatively denying the employer's allegation.

(4) Hearings conducted under this section shall proceed as provided in §§ 11-9-704 - 11-9-711 .

(5) The commission may assess a fine against an employer who fails to secure the payment of compensation in an amount up to one thousand dollars ($1,000) per day of violation payable to the fund.

(6) If an employer fails to secure the payment of compensation or pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law or upon appeal, the commission may petition the Pulaski County Circuit Court or of the county where the employer's principal place of business is located for an order enjoining the employer from engaging in further employment until such time as the employer secures the payment of compensation or makes full payment of all civil penalties.

Init. Meas. 1948, No. 4, § 39, Acts 1949, p. 1420; A.S.A. 1947, § 81-1339; Acts 1993, No. 796, § 11.
Ark. Code Ann. § 11-6-108 — AR Code / Title 11 / Chapter 6 / Section 11-6-108
Children under age 16 years - Hours of employment
Status: in_force

No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work for more than six (6) days in any week, nor more than forty-eight (48) hours in any week, nor more than eight (8) hours in any day or before 6:00 a.m. or after 7:00 p.m., except that on nights preceding nonschool days, children under the age of sixteen (16) years may be employed until 9:00 p.m. Init. Meas. 1914, No. 1, § 5, Acts 1915, p. 1505; C. & M. Dig., § 7090; Pope's Dig., § 9072; Acts 1973, No. 449, § 1; A.S.A. 1947, § 81-706.

No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work for more than six (6) days in any week, nor more than forty-eight (48) hours in any week, nor more than eight (8) hours in any day or before 6:00 a.m. or after 7:00 p.m., except that on nights preceding nonschool days, children under the age of sixteen (16) years may be employed until 9:00 p.m.

Init. Meas. 1914, No. 1, § 5, Acts 1915, p. 1505; C. & M. Dig., § 7090; Pope's Dig., § 9072; Acts 1973, No. 449, § 1; A.S.A. 1947, § 81-706.
Ark. Code Ann. § 11-10-540 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-540
Extended benefits - Financing
Status: in_force

(a) (1) (A) There is imposed an additional tax on every employer as defined in § 11-10-209 except an employer electing reimbursement under § 11-10-713 or an employer required to reimburse under § 11-10-404 of one-tenth of one percent (0.1%) on taxable wages to defray the cost of extended benefits. (B) This extended benefit tax shall not be credited to the separate account of an employer but shall be paid into the Unemployment Compensation Fund Extended Benefits Account. (2) (A) The payment of this tax shall be suspended for any rate year when the assets in this account, excluding any extended benefit taxes not yet paid, on the computation date are more than two-tenths of one percent (0.2%) of total payrolls for employment during the preceding calendar year. (B) "Total payrolls", for the purposes of this section, shall exclude payrolls of employers who have elected to reimburse the fund in lieu of contributions under § 11-10-404 or § 11-10-713 . (C) (i) For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date. (ii) It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid. (b) Extended benefits paid to an eligible individual shall not be charged to the separate account of each employer in the base period but shall be charged against the account. Acts 1971, No. 35, § 21; 1973, No. 350, §§ 5-7; 1975, No. 609, § 16; A.S.A. 1947, No. 81-1124.

(a) (1) (A) There is imposed an additional tax on every employer as defined in § 11-10-209 except an employer electing reimbursement under § 11-10-713 or an employer required to reimburse under § 11-10-404 of one-tenth of one percent (0.1%) on taxable wages to defray the cost of extended benefits. (B) This extended benefit tax shall not be credited to the separate account of an employer but shall be paid into the Unemployment Compensation Fund Extended Benefits Account. (2) (A) The payment of this tax shall be suspended for any rate year when the assets in this account, excluding any extended benefit taxes not yet paid, on the computation date are more than two-tenths of one percent (0.2%) of total payrolls for employment during the preceding calendar year. (B) "Total payrolls", for the purposes of this section, shall exclude payrolls of employers who have elected to reimburse the fund in lieu of contributions under § 11-10-404 or § 11-10-713 . (C) (i) For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date. (ii) It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid.

(1) (A) There is imposed an additional tax on every employer as defined in § 11-10-209 except an employer electing reimbursement under § 11-10-713 or an employer required to reimburse under § 11-10-404 of one-tenth of one percent (0.1%) on taxable wages to defray the cost of extended benefits. (B) This extended benefit tax shall not be credited to the separate account of an employer but shall be paid into the Unemployment Compensation Fund Extended Benefits Account.

(A) There is imposed an additional tax on every employer as defined in § 11-10-209 except an employer electing reimbursement under § 11-10-713 or an employer required to reimburse under § 11-10-404 of one-tenth of one percent (0.1%) on taxable wages to defray the cost of extended benefits.

(B) This extended benefit tax shall not be credited to the separate account of an employer but shall be paid into the Unemployment Compensation Fund Extended Benefits Account.

(2) (A) The payment of this tax shall be suspended for any rate year when the assets in this account, excluding any extended benefit taxes not yet paid, on the computation date are more than two-tenths of one percent (0.2%) of total payrolls for employment during the preceding calendar year. (B) "Total payrolls", for the purposes of this section, shall exclude payrolls of employers who have elected to reimburse the fund in lieu of contributions under § 11-10-404 or § 11-10-713 . (C) (i) For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date. (ii) It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid.

(A) The payment of this tax shall be suspended for any rate year when the assets in this account, excluding any extended benefit taxes not yet paid, on the computation date are more than two-tenths of one percent (0.2%) of total payrolls for employment during the preceding calendar year.

(B) "Total payrolls", for the purposes of this section, shall exclude payrolls of employers who have elected to reimburse the fund in lieu of contributions under § 11-10-404 or § 11-10-713 .

(C) (i) For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date. (ii) It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid.

(i) For the purposes of this section, the "assets in this account" as of the computation date shall include only extended benefit tax payments which were paid on or before June 30, the computation date.

(ii) It shall include any accounts receivable from the United States for its share of extended benefit payments that have been paid from the fund and any accounts receivable from nonprofit employers who have elected to reimburse the fund for benefits paid.

(b) Extended benefits paid to an eligible individual shall not be charged to the separate account of each employer in the base period but shall be charged against the account.

Acts 1971, No. 35, § 21; 1973, No. 350, §§ 5-7; 1975, No. 609, § 16; A.S.A. 1947, No. 81-1124.
Ark. Code Ann. § 11-4-219 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-219
Judicial review
Status: in_force

(a) Any interested person in any occupation for which any administrative rule has been issued under the provisions of this subchapter who may be aggrieved by any rule may obtain a review thereof in the circuit court of the county of the residence of the aggrieved party by filing in the court within twenty (20) days after the date of publication of the rule a written petition praying that the rule be modified or set aside. (b) A copy of the petition shall be served upon the Director of the Division of Labor. (c) (1) The court shall review the record of the proceedings before the director, and the director's findings of fact shall be affirmed if supported by substantial evidence. The court shall determine whether the rule is in accordance with law. (2) If the court determines that the rule is not in accordance with law, it shall remand the case to the director with directions to modify or revoke the rule. (d) (1) If application is made to the court for leave to adduce additional evidence by any aggrieved party, the party shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence before the director. (2) If the court finds that the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce the evidence in prior proceedings, the court shall remand the case to the director with directions that the additional evidence be taken before the director. (3) The director may modify his or her findings and conclusions, in whole or in part, by reason of the additional evidence. (e) Hearings in the circuit court on all appeals taken under the provisions of this subchapter shall take precedence over all matters except matters of the same character. The jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court. (f) (1) The commencement of proceedings under subsections (a)-(d) of this section, unless specifically ordered by the court, shall not operate as a stay of an administrative rule issued under the provisions of this subchapter. (2) The court shall not grant any stay of an administrative rule unless the person complaining of the rule shall file an amount in the court, undertaking with a surety satisfactory to the court, for payment to the employees affected by the rule in the event that the rule is affirmed. The surety shall be in an amount by which the compensation the employees are entitled to receive under the rule exceeds the compensation they actually receive while the stay is in effect. Amended by Act 2019, No. 315,§ 768, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 767, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 766, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5320, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 10; A.S.A. 1947, § 81-328; Acts 2001, No. 1423, § 10.

(a) Any interested person in any occupation for which any administrative rule has been issued under the provisions of this subchapter who may be aggrieved by any rule may obtain a review thereof in the circuit court of the county of the residence of the aggrieved party by filing in the court within twenty (20) days after the date of publication of the rule a written petition praying that the rule be modified or set aside.

(b) A copy of the petition shall be served upon the Director of the Division of Labor.

(c) (1) The court shall review the record of the proceedings before the director, and the director's findings of fact shall be affirmed if supported by substantial evidence. The court shall determine whether the rule is in accordance with law. (2) If the court determines that the rule is not in accordance with law, it shall remand the case to the director with directions to modify or revoke the rule.

(1) The court shall review the record of the proceedings before the director, and the director's findings of fact shall be affirmed if supported by substantial evidence. The court shall determine whether the rule is in accordance with law.

(2) If the court determines that the rule is not in accordance with law, it shall remand the case to the director with directions to modify or revoke the rule.

(d) (1) If application is made to the court for leave to adduce additional evidence by any aggrieved party, the party shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence before the director. (2) If the court finds that the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce the evidence in prior proceedings, the court shall remand the case to the director with directions that the additional evidence be taken before the director. (3) The director may modify his or her findings and conclusions, in whole or in part, by reason of the additional evidence.

(1) If application is made to the court for leave to adduce additional evidence by any aggrieved party, the party shall show to the satisfaction of the court that the additional evidence is material and that there were reasonable grounds for the failure to adduce the evidence before the director.

(2) If the court finds that the evidence is material and that reasonable grounds exist for failure of the aggrieved party to adduce the evidence in prior proceedings, the court shall remand the case to the director with directions that the additional evidence be taken before the director.

(3) The director may modify his or her findings and conclusions, in whole or in part, by reason of the additional evidence.

(e) Hearings in the circuit court on all appeals taken under the provisions of this subchapter shall take precedence over all matters except matters of the same character. The jurisdiction of the court shall be exclusive, and its judgment and decree shall be final, except that it shall be subject to review by the Supreme Court.

(f) (1) The commencement of proceedings under subsections (a)-(d) of this section, unless specifically ordered by the court, shall not operate as a stay of an administrative rule issued under the provisions of this subchapter. (2) The court shall not grant any stay of an administrative rule unless the person complaining of the rule shall file an amount in the court, undertaking with a surety satisfactory to the court, for payment to the employees affected by the rule in the event that the rule is affirmed. The surety shall be in an amount by which the compensation the employees are entitled to receive under the rule exceeds the compensation they actually receive while the stay is in effect.

(1) The commencement of proceedings under subsections (a)-(d) of this section, unless specifically ordered by the court, shall not operate as a stay of an administrative rule issued under the provisions of this subchapter.

(2) The court shall not grant any stay of an administrative rule unless the person complaining of the rule shall file an amount in the court, undertaking with a surety satisfactory to the court, for payment to the employees affected by the rule in the event that the rule is affirmed. The surety shall be in an amount by which the compensation the employees are entitled to receive under the rule exceeds the compensation they actually receive while the stay is in effect.

Amended by Act 2019, No. 315,§ 768, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 767, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 766, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5320, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 10; A.S.A. 1947, § 81-328; Acts 2001, No. 1423, § 10.
Ark. Code Ann. § 11-2-206 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-206
Judicial review
Status: in_force

(a) (1) The mediator or the Director of the Division of Labor on his or her behalf or the Attorney General on his or her behalf may obtain a review of the order requiring him or her to testify. (2) The review may be obtained by filing in the Supreme Court, within thirty (30) days following the issuance of the order, a written petition praying that the order be modified or set aside. (3) A copy of the petition shall be forthwith transmitted by the Clerk of the Supreme Court to the clerk of the court issuing the order to testify or to produce documents and to the other parties, and thereupon that clerk shall file in the Supreme Court the record in the proceedings. (b) (1) Upon filing, the Supreme Court shall have jurisdiction of the proceeding and of the question determined therein. (2) The Supreme Court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the court issuing its order to the mediator to testify or to produce and enforcing the order to the extent that it is affirmed or modified. Amended by Act 2019, No. 910,§ 5304, eff. 7/1/2019. Acts 1979, No. 750, § 6; A.S.A. 1947, § 81-130.

(a) (1) The mediator or the Director of the Division of Labor on his or her behalf or the Attorney General on his or her behalf may obtain a review of the order requiring him or her to testify. (2) The review may be obtained by filing in the Supreme Court, within thirty (30) days following the issuance of the order, a written petition praying that the order be modified or set aside. (3) A copy of the petition shall be forthwith transmitted by the Clerk of the Supreme Court to the clerk of the court issuing the order to testify or to produce documents and to the other parties, and thereupon that clerk shall file in the Supreme Court the record in the proceedings.

(1) The mediator or the Director of the Division of Labor on his or her behalf or the Attorney General on his or her behalf may obtain a review of the order requiring him or her to testify.

(2) The review may be obtained by filing in the Supreme Court, within thirty (30) days following the issuance of the order, a written petition praying that the order be modified or set aside.

(3) A copy of the petition shall be forthwith transmitted by the Clerk of the Supreme Court to the clerk of the court issuing the order to testify or to produce documents and to the other parties, and thereupon that clerk shall file in the Supreme Court the record in the proceedings.

(b) (1) Upon filing, the Supreme Court shall have jurisdiction of the proceeding and of the question determined therein. (2) The Supreme Court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the court issuing its order to the mediator to testify or to produce and enforcing the order to the extent that it is affirmed or modified.

(1) Upon filing, the Supreme Court shall have jurisdiction of the proceeding and of the question determined therein.

(2) The Supreme Court shall have power to grant such temporary relief or restraining order as it deems just and proper and to make and enter upon the pleadings, testimony, and proceedings set forth in the record a decree affirming, modifying, or setting aside, in whole or in part, the order of the court issuing its order to the mediator to testify or to produce and enforcing the order to the extent that it is affirmed or modified.

Amended by Act 2019, No. 910,§ 5304, eff. 7/1/2019.

Acts 1979, No. 750, § 6; A.S.A. 1947, § 81-130.
Ark. Code Ann. § 11-9-530 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-530
Managed care implementation
Status: in_force

Implementation of Workers' Compensation Commission Rule 33 regarding managed care shall be voluntary for all employers. Acts 1997, No. 975, § 11; 1999, No. 1179, § 12.

Implementation of Workers' Compensation Commission Rule 33 regarding managed care shall be voluntary for all employers.

Acts 1997, No. 975, § 11; 1999, No. 1179, § 12.
Ark. Code Ann. § 11-10-510 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-510
Ineligibility - Service in sports or athletics
Status: in_force

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate for any week that commences during the period between two (2) successive sport seasons or similar periods if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform these services in the later of such seasons or similar periods. Acts 1941, No. 391, § 4; 1975, No. 721, § 1; 1977, No. 376, § 9; A.S.A. 1947, § 81-1105.

Benefits shall not be paid to any individual on the basis of any services substantially all of which consist of participating in sports or athletic events or training or preparing to so participate for any week that commences during the period between two (2) successive sport seasons or similar periods if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform these services in the later of such seasons or similar periods.

Acts 1941, No. 391, § 4; 1975, No. 721, § 1; 1977, No. 376, § 9; A.S.A. 1947, § 81-1105.
Ark. Code Ann. § 11-4-402 — AR Code / Title 11 / Chapter 4 / Subchapter 4 / Section 11-4-402
Discount for advance payment - Payments made in currency
Status: in_force

(a) It shall be unlawful for any milling or manufacturing company, or any other person, corporation, or company employing persons to labor for them in the State of Arkansas, to discount the wages of their employees or laborers when payment is made or demanded before the regular paydays more than at the rate of ten percent (10%) per annum from the date of payment to the regular payday. (b) (1) (A) All employees shall be paid in currency or by check or electronic direct deposit into the employee's account. (B) The employee may opt out of electronic direct deposit by providing the employer a written statement requesting payment by check. (2) Notwithstanding any provision to the contrary, an employee has a right to be paid in currency if the employer has at any time paid the employee with a check drawn on an account with insufficient funds. (3) This subsection does not apply to any demand or claim by the Division of Labor. (c) Any evasion or violation of this section shall be usury and a misdemeanor. The person, company, or corporation, or his, her, or its agents, violating this section shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500), and the entire property of the person, company, or corporation shall be subject to the payment of the fine and costs. Amended by Act 2019, No. 910,§ 5325, eff. 7/1/2019. Acts 1899, No. 172, §§ 1, 2, p. 310; C. & M. Dig., § 7356; Pope's Dig., § 9395; A.S.A. 1947, §§ 81-303, 81-304; Acts 2003, No. 925, § 1.

(a) It shall be unlawful for any milling or manufacturing company, or any other person, corporation, or company employing persons to labor for them in the State of Arkansas, to discount the wages of their employees or laborers when payment is made or demanded before the regular paydays more than at the rate of ten percent (10%) per annum from the date of payment to the regular payday.

(b) (1) (A) All employees shall be paid in currency or by check or electronic direct deposit into the employee's account. (B) The employee may opt out of electronic direct deposit by providing the employer a written statement requesting payment by check. (2) Notwithstanding any provision to the contrary, an employee has a right to be paid in currency if the employer has at any time paid the employee with a check drawn on an account with insufficient funds. (3) This subsection does not apply to any demand or claim by the Division of Labor.

(1) (A) All employees shall be paid in currency or by check or electronic direct deposit into the employee's account. (B) The employee may opt out of electronic direct deposit by providing the employer a written statement requesting payment by check.

(A) All employees shall be paid in currency or by check or electronic direct deposit into the employee's account.

(B) The employee may opt out of electronic direct deposit by providing the employer a written statement requesting payment by check.

(2) Notwithstanding any provision to the contrary, an employee has a right to be paid in currency if the employer has at any time paid the employee with a check drawn on an account with insufficient funds.

(3) This subsection does not apply to any demand or claim by the Division of Labor.

(c) Any evasion or violation of this section shall be usury and a misdemeanor. The person, company, or corporation, or his, her, or its agents, violating this section shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500), and the entire property of the person, company, or corporation shall be subject to the payment of the fine and costs.

Amended by Act 2019, No. 910,§ 5325, eff. 7/1/2019.

Acts 1899, No. 172, §§ 1, 2, p. 310; C. & M. Dig., § 7356; Pope's Dig., § 9395; A.S.A. 1947, §§ 81-303, 81-304; Acts 2003, No. 925, § 1.
Ark. Code Ann. § 11-4-222 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-222
Political subdivisions prohibited from requiring more than federal or state requirements from employers - Definitions
Status: in_force

(a) As used in this section: (1) "Employee" means an individual employed in this state by an employer; (2) (A) "Employer" means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state. (B) However, "employer" does not include a public employer; (3) "Employment benefit" means anything of value that an employee may receive from an employer in addition to wages and salary, including without limitation: (A) Health, disability, retirement, profit-sharing, and death benefits; (B) Group accidental death and dismemberment benefits; (C) Paid or unpaid days off from work for holidays, sick leave, vacation, and personal necessity; and (D) Terms of employment, notice of scheduling, attendance, or leave policies; (4) "Political subdivision" means a county, city, or town in this state; and (5) "Public employer" means the State of Arkansas and each political subdivision of the state. (b) A political subdivision shall not establish, mandate, or otherwise require an employer to provide to an employee a minimum or living wage rate or employment benefit that exceeds the requirements of federal laws or regulations or state laws or rules. Added by Act 2017, No. 643,§ 2, eff. 8/1/2017. See Act 2017, No. 643, § 3.

(a) As used in this section: (1) "Employee" means an individual employed in this state by an employer; (2) (A) "Employer" means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state. (B) However, "employer" does not include a public employer; (3) "Employment benefit" means anything of value that an employee may receive from an employer in addition to wages and salary, including without limitation: (A) Health, disability, retirement, profit-sharing, and death benefits; (B) Group accidental death and dismemberment benefits; (C) Paid or unpaid days off from work for holidays, sick leave, vacation, and personal necessity; and (D) Terms of employment, notice of scheduling, attendance, or leave policies; (4) "Political subdivision" means a county, city, or town in this state; and (5) "Public employer" means the State of Arkansas and each political subdivision of the state.

(1) "Employee" means an individual employed in this state by an employer;

(2) (A) "Employer" means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state. (B) However, "employer" does not include a public employer;

(A) "Employer" means an individual, sole proprietorship, partnership, limited liability company, corporation, or other entity that does business in this state.

(B) However, "employer" does not include a public employer;

(3) "Employment benefit" means anything of value that an employee may receive from an employer in addition to wages and salary, including without limitation: (A) Health, disability, retirement, profit-sharing, and death benefits; (B) Group accidental death and dismemberment benefits; (C) Paid or unpaid days off from work for holidays, sick leave, vacation, and personal necessity; and (D) Terms of employment, notice of scheduling, attendance, or leave policies;

(A) Health, disability, retirement, profit-sharing, and death benefits;

(B) Group accidental death and dismemberment benefits;

(C) Paid or unpaid days off from work for holidays, sick leave, vacation, and personal necessity; and

(D) Terms of employment, notice of scheduling, attendance, or leave policies;

(4) "Political subdivision" means a county, city, or town in this state; and

(5) "Public employer" means the State of Arkansas and each political subdivision of the state.

(b) A political subdivision shall not establish, mandate, or otherwise require an employer to provide to an employee a minimum or living wage rate or employment benefit that exceeds the requirements of federal laws or regulations or state laws or rules.

Added by Act 2017, No. 643,§ 2, eff. 8/1/2017.

See Act 2017, No. 643, § 3.
Ark. Code Ann. § 11-9-101 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-101
Title - Purpose
Status: in_force

(a) This chapter shall be cited as the "Workers' Compensation Law". (b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability. Init. Meas. 1948, No. 4, § 1, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 1; A.S.A. 1947, § 81-1301; reen. Acts 1987, No. 1015, § 1; Acts 1993, No. 796, § 1.

(a) This chapter shall be cited as the "Workers' Compensation Law".

(b) The primary purposes of the workers' compensation laws are to pay timely temporary and permanent disability benefits to all legitimately injured workers who suffer an injury or disease arising out of and in the course of their employment, to pay reasonable and necessary medical expenses resulting therefrom, and then to return the worker to the work force; to improve workplace safety through safety programs; to improve health care delivery through use of managed care concepts; to encourage the return to work of injured workers; to deter and punish frauds of agents, brokers, solicitors, employers, and employees relating to procurement of workers' compensation coverage or the provision or denial of benefits; to curtail the rise in medical costs associated with the provision of workers' compensation benefits; and to emphasize that the workers' compensation system in this state must be returned to a state of economic viability.

Init. Meas. 1948, No. 4, § 1, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 1; A.S.A. 1947, § 81-1301; reen. Acts 1987, No. 1015, § 1; Acts 1993, No. 796, § 1.
Ark. Code Ann. § 11-10-519 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-519
Disqualification - Penalty for false statement or misrepresentation
Status: in_force

(a) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits: (1) (A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initial claim or a claim renewal, he or she shall be disqualified from the effective date of the disqualification until he or she has twenty (20) weeks of employment in each of which he or she has earned wages equal to at least his or her weekly benefit amount. (B) (i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; (2) (A) For any continued week claimed with respect to which the employee has willfully made a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in obtaining or attempting to obtain any benefits, and for an additional thirteen (13) weeks of unemployment, as defined in § 11-10-512 , and which shall commence with Sunday of the first week with respect to which a claim is filed commencing with the week of delivery or mailing of the determination of disqualification under this section. (B) (i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification. (ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and (3) (A) The disqualification shall not be applied after five (5) years have elapsed from the date of delivery or mailing of the determination of disqualification under this section. (B) (i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity. (ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim. (iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter. (b) Upon request of the Legislative Council, the Division of Workforce Services shall provide reports regarding unemployment insurance claim fraud and its efforts to prevent the fraud. Amended by Act 2023, No. 854,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 453,§ 8, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 247, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 248, eff. 7/1/2019. Amended by Act 2013, No. 1242,§ 1, eff. 8/16/2013. Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1955, No. 395, § 19; 1963, No. 93, § 6; 1971, No. 35, § 9; 1983, No. 482, § 21; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 7; 2003, No. 1223, § 7.

(a) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits: (1) (A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initial claim or a claim renewal, he or she shall be disqualified from the effective date of the disqualification until he or she has twenty (20) weeks of employment in each of which he or she has earned wages equal to at least his or her weekly benefit amount. (B) (i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; (2) (A) For any continued week claimed with respect to which the employee has willfully made a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in obtaining or attempting to obtain any benefits, and for an additional thirteen (13) weeks of unemployment, as defined in § 11-10-512 , and which shall commence with Sunday of the first week with respect to which a claim is filed commencing with the week of delivery or mailing of the determination of disqualification under this section. (B) (i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification. (ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and (3) (A) The disqualification shall not be applied after five (5) years have elapsed from the date of delivery or mailing of the determination of disqualification under this section. (B) (i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity. (ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim. (iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter.

(1) (A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initial claim or a claim renewal, he or she shall be disqualified from the effective date of the disqualification until he or she has twenty (20) weeks of employment in each of which he or she has earned wages equal to at least his or her weekly benefit amount. (B) (i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation;

(A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initial claim or a claim renewal, he or she shall be disqualified from the effective date of the disqualification until he or she has twenty (20) weeks of employment in each of which he or she has earned wages equal to at least his or her weekly benefit amount.

(B) (i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation;

(i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated.

(ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation;

(2) (A) For any continued week claimed with respect to which the employee has willfully made a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in obtaining or attempting to obtain any benefits, and for an additional thirteen (13) weeks of unemployment, as defined in § 11-10-512 , and which shall commence with Sunday of the first week with respect to which a claim is filed commencing with the week of delivery or mailing of the determination of disqualification under this section. (B) (i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification. (ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and

(A) For any continued week claimed with respect to which the employee has willfully made a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in obtaining or attempting to obtain any benefits, and for an additional thirteen (13) weeks of unemployment, as defined in § 11-10-512 , and which shall commence with Sunday of the first week with respect to which a claim is filed commencing with the week of delivery or mailing of the determination of disqualification under this section.

(B) (i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification. (ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and

(i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification.

(ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and

(a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated.

(b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and

(3) (A) The disqualification shall not be applied after five (5) years have elapsed from the date of delivery or mailing of the determination of disqualification under this section. (B) (i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity. (ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim. (iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter.

(A) The disqualification shall not be applied after five (5) years have elapsed from the date of delivery or mailing of the determination of disqualification under this section.

(B) (i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity. (ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim. (iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter.

(i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity.

(ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim.

(iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter.

(b) Upon request of the Legislative Council, the Division of Workforce Services shall provide reports regarding unemployment insurance claim fraud and its efforts to prevent the fraud.

Amended by Act 2023, No. 854,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 453,§ 8, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 247, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 248, eff. 7/1/2019.

Amended by Act 2013, No. 1242,§ 1, eff. 8/16/2013.

Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1955, No. 395, § 19; 1963, No. 93, § 6; 1971, No. 35, § 9; 1983, No. 482, § 21; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 7; 2003, No. 1223, § 7.
Ark. Code Ann. § 11-3-203 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-203
Medical examination as condition for employment
Status: in_force

(a) (1) It is unlawful for any person, partnership, association, or corporation, either for himself or herself or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit to or take a physical, medical examination, or drug test unless the physical, medical examination, or drug test is provided at no cost to the employee or applicant for employment and unless a true and correct copy, either original or duplicate original, of the examiner's report of the physical, medical examination, or drug test is furnished free of charge to the applicant or employee upon a written request of the applicant or employee. (2) It shall further be unlawful for any person, partnership, association, or corporation to require any employee or applicant for employment to pay, either directly or indirectly, any part of the cost of the physical, medical examination, drug test, report, or copy of the report. (3) Notwithstanding subdivision (a)(1) of this section, if an employee tests positive for an illegal drug as defined by rule of the Division of Labor, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment. (b) Each and every violation of any provision of subsection (a) of this section shall constitute a misdemeanor, punishable by a fine in any amount not exceeding one hundred dollars ($100). (c) The Director of the Division of Labor shall administer and enforce this section, including without limitation, by: (1) Adopting administrative rules; and (2) Demanding payment and seeking recovery in a court of competent jurisdiction for charges, fees, wage deductions, or other payments made by employees as a result of an employer's violation of this section. (d) This section does not change the definition of "medical examination" under any other state or federal statute. Amended by Act 2019, No. 910,§ 5306, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5305, eff. 7/1/2019. Acts 1951, No. 171, §§ 1, 2; A.S.A. 1947, §§ 81-212, 81-213; Acts 2009, No. 453, §§ 1, 2; 2011, No. 980, § 1.

(a) (1) It is unlawful for any person, partnership, association, or corporation, either for himself or herself or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit to or take a physical, medical examination, or drug test unless the physical, medical examination, or drug test is provided at no cost to the employee or applicant for employment and unless a true and correct copy, either original or duplicate original, of the examiner's report of the physical, medical examination, or drug test is furnished free of charge to the applicant or employee upon a written request of the applicant or employee. (2) It shall further be unlawful for any person, partnership, association, or corporation to require any employee or applicant for employment to pay, either directly or indirectly, any part of the cost of the physical, medical examination, drug test, report, or copy of the report. (3) Notwithstanding subdivision (a)(1) of this section, if an employee tests positive for an illegal drug as defined by rule of the Division of Labor, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.

(1) It is unlawful for any person, partnership, association, or corporation, either for himself or herself or in a representative or fiduciary capacity, to require any employee or applicant for employment, as a condition of employment or continued employment, to submit to or take a physical, medical examination, or drug test unless the physical, medical examination, or drug test is provided at no cost to the employee or applicant for employment and unless a true and correct copy, either original or duplicate original, of the examiner's report of the physical, medical examination, or drug test is furnished free of charge to the applicant or employee upon a written request of the applicant or employee.

(2) It shall further be unlawful for any person, partnership, association, or corporation to require any employee or applicant for employment to pay, either directly or indirectly, any part of the cost of the physical, medical examination, drug test, report, or copy of the report.

(3) Notwithstanding subdivision (a)(1) of this section, if an employee tests positive for an illegal drug as defined by rule of the Division of Labor, the employer and employee may agree in writing who will bear the cost of future drug tests or screens required as a condition of continued employment.

(b) Each and every violation of any provision of subsection (a) of this section shall constitute a misdemeanor, punishable by a fine in any amount not exceeding one hundred dollars ($100).

(c) The Director of the Division of Labor shall administer and enforce this section, including without limitation, by: (1) Adopting administrative rules; and (2) Demanding payment and seeking recovery in a court of competent jurisdiction for charges, fees, wage deductions, or other payments made by employees as a result of an employer's violation of this section.

(1) Adopting administrative rules; and

(2) Demanding payment and seeking recovery in a court of competent jurisdiction for charges, fees, wage deductions, or other payments made by employees as a result of an employer's violation of this section.

(d) This section does not change the definition of "medical examination" under any other state or federal statute.

Amended by Act 2019, No. 910,§ 5306, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5305, eff. 7/1/2019.

Acts 1951, No. 171, §§ 1, 2; A.S.A. 1947, §§ 81-212, 81-213; Acts 2009, No. 453, §§ 1, 2; 2011, No. 980, § 1.
Ark. Code Ann. § 11-9-802 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-802
Installments
Status: in_force

(a) The first installment of compensation shall become due on the fifteenth day after the employer has notice of the injury or death, as provided in § 11-9-701 , on which date all compensation then accrued shall be paid. Thereafter, compensation shall be paid every two (2) weeks except where the Workers' Compensation Commission directs that installment payments be made at other periods. (b) If any installment of compensation payable without an award is not paid within fifteen (15) days after it becomes due, as provided in subsection (a) of this section, there shall be added to the unpaid installment an amount equal to eighteen percent (18%) thereof, which shall be paid at the same time as, but in addition to, the installment unless notice of controversion is filed or an extension is granted the employer under § 11-9-803 or unless such nonpayment is excused by the commission after a showing by the employer that, owing to conditions over which he or she had no control, the installment could not be paid within the period prescribed. (c) If any installment payable under the terms of an award is not paid within fifteen (15) days after it becomes due, there shall be added to such unpaid installment an amount equal to twenty percent (20%) thereof, which shall be paid at the same time as, but in addition to, the installment unless review of the compensation order making the award is had as provided in §§ 11-9-711 and 11-9-712 . (d) Medical bills are payable within thirty (30) days after receipt by the respondent unless disputed as to compensability or amount. (e) In the event that the commission finds the failure to pay any benefit is willful and intentional, the penalty shall be up to thirty-six percent (36%), payable to the claimant. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 8; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 37.

(a) The first installment of compensation shall become due on the fifteenth day after the employer has notice of the injury or death, as provided in § 11-9-701 , on which date all compensation then accrued shall be paid. Thereafter, compensation shall be paid every two (2) weeks except where the Workers' Compensation Commission directs that installment payments be made at other periods.

(b) If any installment of compensation payable without an award is not paid within fifteen (15) days after it becomes due, as provided in subsection (a) of this section, there shall be added to the unpaid installment an amount equal to eighteen percent (18%) thereof, which shall be paid at the same time as, but in addition to, the installment unless notice of controversion is filed or an extension is granted the employer under § 11-9-803 or unless such nonpayment is excused by the commission after a showing by the employer that, owing to conditions over which he or she had no control, the installment could not be paid within the period prescribed.

(c) If any installment payable under the terms of an award is not paid within fifteen (15) days after it becomes due, there shall be added to such unpaid installment an amount equal to twenty percent (20%) thereof, which shall be paid at the same time as, but in addition to, the installment unless review of the compensation order making the award is had as provided in §§ 11-9-711 and 11-9-712 .

(d) Medical bills are payable within thirty (30) days after receipt by the respondent unless disputed as to compensability or amount.

(e) In the event that the commission finds the failure to pay any benefit is willful and intentional, the penalty shall be up to thirty-six percent (36%), payable to the claimant.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; 1981, No. 290, § 8; 1986 (2nd Ex. Sess.), No. 10, § 9; A.S.A. 1947, § 81-1319; Acts 1993, No. 796, § 37.
Ark. Code Ann. § 11-5-108 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-108
Order to correct conditions - Issuance
Status: in_force

(a) The Director of the Division of Labor or any of his or her deputies or inspectors may issue a written order to the owner, manager, superintendent, or other person in control or management of the place or establishment for the correction of any condition caused or permitted in or about the place or establishment in violation of any of the requirements of this section, §§ 11-5-101 - 11-5-107 , and 11-5-109 - 11-5-111 , or of any condition, practice, plan, or method used therein or thereabouts in supposed compliance with any requirement of this section, §§ 11-5-101 - 11-5-107 , and 11-5-109 - 11-5-111 but which are found to be inadequate or insufficient, in any respect, to comply therewith, and shall state in the order how the conditions, practices, plans, or methods, in any case, shall be corrected and the time within which they shall be corrected, a reasonable time being given in the order therefor. (b) One (1) copy of the order shall be delivered to the owner, manager, superintendent, or other person in control or management of the place or establishment, and one (1) copy shall be filed in the office of the Division of Labor. Amended by Act 2019, No. 910,§ 5331, eff. 7/1/2019. Acts 1937, No. 323, § 6; Pope's Dig., § 6474; A.S.A. 1947, § 81-406.

(a) The Director of the Division of Labor or any of his or her deputies or inspectors may issue a written order to the owner, manager, superintendent, or other person in control or management of the place or establishment for the correction of any condition caused or permitted in or about the place or establishment in violation of any of the requirements of this section, §§ 11-5-101 - 11-5-107 , and 11-5-109 - 11-5-111 , or of any condition, practice, plan, or method used therein or thereabouts in supposed compliance with any requirement of this section, §§ 11-5-101 - 11-5-107 , and 11-5-109 - 11-5-111 but which are found to be inadequate or insufficient, in any respect, to comply therewith, and shall state in the order how the conditions, practices, plans, or methods, in any case, shall be corrected and the time within which they shall be corrected, a reasonable time being given in the order therefor.

(b) One (1) copy of the order shall be delivered to the owner, manager, superintendent, or other person in control or management of the place or establishment, and one (1) copy shall be filed in the office of the Division of Labor.

Amended by Act 2019, No. 910,§ 5331, eff. 7/1/2019.

Acts 1937, No. 323, § 6; Pope's Dig., § 6474; A.S.A. 1947, § 81-406.
Ark. Code Ann. § 11-11-219 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-219
Renewal of licenses
Status: in_force

(a) Every license issued pursuant to this subchapter shall remain in force for one (1) year from the date of issue or until the end of the state's fiscal year, whichever occurs first, unless the license has been revoked pursuant to the provisions of this subchapter. (b) Applications for renewal of all licenses provided by this subchapter must be filed with the Director of the Division of Labor no later than thirty (30) days prior to expiration of the license. (c) Any licensee who fails to renew a license by the expiration date shall be automatically suspended from the right to engage in the activity authorized by the license until the license is renewed. (d) Every application for renewal of a license must be accompanied by payment of the required license fee and evidence of compliance with the bonding requirements of this subchapter. Amended by Act 2019, No. 910,§ 5386, eff. 7/1/2019. Acts 1975, No. 493, § 8; A.S.A. 1947, § 81-1020.

(a) Every license issued pursuant to this subchapter shall remain in force for one (1) year from the date of issue or until the end of the state's fiscal year, whichever occurs first, unless the license has been revoked pursuant to the provisions of this subchapter.

(b) Applications for renewal of all licenses provided by this subchapter must be filed with the Director of the Division of Labor no later than thirty (30) days prior to expiration of the license.

(c) Any licensee who fails to renew a license by the expiration date shall be automatically suspended from the right to engage in the activity authorized by the license until the license is renewed.

(d) Every application for renewal of a license must be accompanied by payment of the required license fee and evidence of compliance with the bonding requirements of this subchapter.

Amended by Act 2019, No. 910,§ 5386, eff. 7/1/2019.

Acts 1975, No. 493, § 8; A.S.A. 1947, § 81-1020.
Ark. Code Ann. § 11-10-1013 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1013
Refunding bonds
Status: in_force

(a) The Arkansas Development Finance Authority may issue the Arkansas Unemployment Trust Fund Bonds for the purpose of refunding bonds previously issued under this subchapter if the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter. (b) (1) To the extent that refunding bonds are issued and the principal amount of the refunding bonds is not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the five-hundred-million-dollar limit. (2) If the refunding bonds are issued in a greater principal amount than the bonds being refunded, the principal amount of the refunding bonds shall not count against the five-hundred-million-dollar limit so long as the aggregate debt service on the refunding bonds is less than the aggregate debt service on the bonds being refunded. Acts 2011, No. 1125, § 1.

(a) The Arkansas Development Finance Authority may issue the Arkansas Unemployment Trust Fund Bonds for the purpose of refunding bonds previously issued under this subchapter if the total amount of bonds outstanding after the refunding is completed does not exceed the total amount authorized by this subchapter.

(b) (1) To the extent that refunding bonds are issued and the principal amount of the refunding bonds is not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the five-hundred-million-dollar limit. (2) If the refunding bonds are issued in a greater principal amount than the bonds being refunded, the principal amount of the refunding bonds shall not count against the five-hundred-million-dollar limit so long as the aggregate debt service on the refunding bonds is less than the aggregate debt service on the bonds being refunded.

(1) To the extent that refunding bonds are issued and the principal amount of the refunding bonds is not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the five-hundred-million-dollar limit.

(2) If the refunding bonds are issued in a greater principal amount than the bonds being refunded, the principal amount of the refunding bonds shall not count against the five-hundred-million-dollar limit so long as the aggregate debt service on the refunding bonds is less than the aggregate debt service on the bonds being refunded.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-9-710 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-710
Attorneys
Status: in_force

(a) Where the Workers' Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf. (b) If requested by the commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different circuits to represent the commission without extra compensation. Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; A.S.A. 1947, § 81-1325.

(a) Where the Workers' Compensation Commission is a party to or is otherwise interested in a court proceeding under this chapter, it may employ attorneys to appear in its behalf.

(b) If requested by the commission, it shall be the duty of the Attorney General or the prosecuting attorneys of the different circuits to represent the commission without extra compensation.

Init. Meas. 1948, No. 4, § 25, Acts 1949, p. 1420; A.S.A. 1947, § 81-1325.
Ark. Code Ann. § 11-7-409 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-409
Coal miners - Definition
Status: in_force

(a) The term "coal miner" as used in §§ 11-7-402 and 11-7-410 - 11-7-414 , unless the context otherwise requires, shall be construed to mean any person working underground or in development in shafts, slopes, drifts, or tunnels for the extraction or production of coal or rock. (b) The term "coal miner" in strip pit operation is defined as only those employees engaged in the extraction of coal from the pit. Acts 1949, No. 268, § 11; A.S.A. 1947, § 52-511.

(a) The term "coal miner" as used in §§ 11-7-402 and 11-7-410 - 11-7-414 , unless the context otherwise requires, shall be construed to mean any person working underground or in development in shafts, slopes, drifts, or tunnels for the extraction or production of coal or rock.

(b) The term "coal miner" in strip pit operation is defined as only those employees engaged in the extraction of coal from the pit.

Acts 1949, No. 268, § 11; A.S.A. 1947, § 52-511.
Ark. Code Ann. § 11-9-529 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-529
Employer reports
Status: in_force

(a) Within ten (10) days after the date of receipt of notice or of knowledge of injury or death, the employer shall send to the Workers' Compensation Commission a report setting forth: (1) The name, address, and business of the employer; (2) The name, address, and occupation of the employee; (3) The cause and nature of the injury or death; (4) The year, month, day, and hour when, and the particular locality where, the injury or death occurred; and (5) Such other information as the commission may require. (b) Additional reports with respect to the injury and of the condition of the employee shall be sent by the employer to the commission at such time and in such manner as the commission may prescribe. (c) Any report provided for in subsection (a) or (b) of this section shall not be evidence of any fact stated in the report in any proceeding with respect to the injury or death on account of which the report is made. (d) The mailing of any report in a stamped envelope, properly addressed, within the time prescribed in subsection (a) or (b) of this section, shall be in compliance with this section. (e) (1) Any employer who after notice refuses to send any report required of it by this section shall be subject to a civil penalty in an amount up to five hundred dollars ($500) for each refusal. (2) Whenever the employer has failed or refused to comply as provided in this section, the commission may serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to this section. (f) (1) An employer may contest a proposed order of the commission issued pursuant to subsection (e) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing. (2) If a written request for hearing is not filed with the commission within this time, the proposed order, proposed penalty, or both, shall be a final order of the commission. (3) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both. (4) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect. (g) Hearings conducted under this section shall proceed as provided in §§ 11-9-704 - 11-9-711 . (h) If an employer fails to pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law, the commission may petition the circuit court of the county wherein is located the employer's principal place of business for an order enjoining the employer from engaging in further employment or conduct of business or until such time as the employer makes all required reports and pays all civil penalties. Init. Meas. 1948, No. 4, § 34, Acts 1949, p. 1420; A.S.A. 1947, § 81-1334; Acts 1993, No. 796, § 26.

(a) Within ten (10) days after the date of receipt of notice or of knowledge of injury or death, the employer shall send to the Workers' Compensation Commission a report setting forth: (1) The name, address, and business of the employer; (2) The name, address, and occupation of the employee; (3) The cause and nature of the injury or death; (4) The year, month, day, and hour when, and the particular locality where, the injury or death occurred; and (5) Such other information as the commission may require.

(1) The name, address, and business of the employer;

(2) The name, address, and occupation of the employee;

(3) The cause and nature of the injury or death;

(4) The year, month, day, and hour when, and the particular locality where, the injury or death occurred; and

(5) Such other information as the commission may require.

(b) Additional reports with respect to the injury and of the condition of the employee shall be sent by the employer to the commission at such time and in such manner as the commission may prescribe.

(c) Any report provided for in subsection (a) or (b) of this section shall not be evidence of any fact stated in the report in any proceeding with respect to the injury or death on account of which the report is made.

(d) The mailing of any report in a stamped envelope, properly addressed, within the time prescribed in subsection (a) or (b) of this section, shall be in compliance with this section.

(e) (1) Any employer who after notice refuses to send any report required of it by this section shall be subject to a civil penalty in an amount up to five hundred dollars ($500) for each refusal. (2) Whenever the employer has failed or refused to comply as provided in this section, the commission may serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to this section.

(1) Any employer who after notice refuses to send any report required of it by this section shall be subject to a civil penalty in an amount up to five hundred dollars ($500) for each refusal.

(2) Whenever the employer has failed or refused to comply as provided in this section, the commission may serve upon the employer a proposed order declaring the employer to be in violation of this chapter and containing the amount, if any, of the civil penalty to be assessed against the employer pursuant to this section.

(f) (1) An employer may contest a proposed order of the commission issued pursuant to subsection (e) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing. (2) If a written request for hearing is not filed with the commission within this time, the proposed order, proposed penalty, or both, shall be a final order of the commission. (3) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both. (4) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect.

(1) An employer may contest a proposed order of the commission issued pursuant to subsection (e) of this section by filing with the commission, within twenty (20) days of receipt of the proposed order, a written request for a hearing.

(2) If a written request for hearing is not filed with the commission within this time, the proposed order, proposed penalty, or both, shall be a final order of the commission.

(3) Such a request for a hearing need not be in any particular form but shall specify the grounds upon which the person contests the proposed order, the proposed assessment, or both.

(4) A proposed order by the commission pursuant to this section is prima facie correct, and the burden is upon the employer to prove that the proposed order is incorrect.

(g) Hearings conducted under this section shall proceed as provided in §§ 11-9-704 - 11-9-711 .

(h) If an employer fails to pay any civil penalty assessed against the employer after an order issued pursuant to this section has become final by operation of law, the commission may petition the circuit court of the county wherein is located the employer's principal place of business for an order enjoining the employer from engaging in further employment or conduct of business or until such time as the employer makes all required reports and pays all civil penalties.

Init. Meas. 1948, No. 4, § 34, Acts 1949, p. 1420; A.S.A. 1947, § 81-1334; Acts 1993, No. 796, § 26.
Ark. Code Ann. § 11-8-103 — AR Code / Title 11 / Chapter 8 / Section 11-8-103
Corporations liable for injury or death resulting from negligence
Status: in_force

(a) Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation. (b) In case of death of the employee, the corporation shall be liable to his or her personal representative for the benefit of the surviving widow or spouse and children of the employee or, if no spouse or children exist, then to the employee's parents or, if none, then to the next of kin of the employee for the injury or death resulting in whole or in part from negligence of the corporation or from the negligence of any of the officers, agents, or employees of the corporation. Acts 1913, No. 175, § 1; C. & M. Dig., § 7144; Pope's Dig., § 9130; A.S.A. 1947, § 81-1201.

(a) Every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he or she is employed by the corporation.

(b) In case of death of the employee, the corporation shall be liable to his or her personal representative for the benefit of the surviving widow or spouse and children of the employee or, if no spouse or children exist, then to the employee's parents or, if none, then to the next of kin of the employee for the injury or death resulting in whole or in part from negligence of the corporation or from the negligence of any of the officers, agents, or employees of the corporation.

Acts 1913, No. 175, § 1; C. & M. Dig., § 7144; Pope's Dig., § 9130; A.S.A. 1947, § 81-1201.
Ark. Code Ann. § 11-2-108 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-108
Director - Powers and duties generally
Status: in_force

In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power, jurisdiction, and authority: (1) To enforce all labor laws in the State of Arkansas, the enforcement of which is not otherwise specifically provided for; (2) To administer and enforce all laws, rules, and regulations that are the duty of the Division of Labor to administer and enforce; (3) To direct, except as otherwise provided, make, or cause to be made all necessary inspections to see that all laws and rules made pursuant thereto that the division has the duty, power, and authority to enforce are promptly and effectively carried out; and (4) To make investigations, collect and compile statistical information, and report upon conditions of labor generally and upon all matters relating to the enforcement and effect of the provisions of this subchapter and of the rules issued under this subchapter. Amended by Act 2019, No. 910,§ 5284, eff. 7/1/2019. Acts 1937, No. 161, §§ 2, 7; Pope's Dig., §§ 8498, 8503; Acts 1951, No. 273, § 1; A.S.A. 1947, §§ 81-102, 81-107.

In addition to such other duties and powers as may be conferred upon him or her by law, the Director of the Division of Labor shall have the power, jurisdiction, and authority:

(1) To enforce all labor laws in the State of Arkansas, the enforcement of which is not otherwise specifically provided for;

(2) To administer and enforce all laws, rules, and regulations that are the duty of the Division of Labor to administer and enforce;

(3) To direct, except as otherwise provided, make, or cause to be made all necessary inspections to see that all laws and rules made pursuant thereto that the division has the duty, power, and authority to enforce are promptly and effectively carried out; and

(4) To make investigations, collect and compile statistical information, and report upon conditions of labor generally and upon all matters relating to the enforcement and effect of the provisions of this subchapter and of the rules issued under this subchapter.

Amended by Act 2019, No. 910,§ 5284, eff. 7/1/2019.

Acts 1937, No. 161, §§ 2, 7; Pope's Dig., §§ 8498, 8503; Acts 1951, No. 273, § 1; A.S.A. 1947, §§ 81-102, 81-107.
Ark. Code Ann. § 11-7-210 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-210
Action to enjoin unsafe working conditions
Status: in_force

(a) (1) If the inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the mine worked contrary to the provisions of this act or unsafe for the workmen employed therein, the inspector shall file a complaint before the judge of the circuit court in vacation or the circuit court when in session, in the name of the state, without cost or bond, showing that the owner, agent, or operator has failed to comply with the provisions of this act. (2) The court or judge, after hearing the cause, shall, if satisfied the law has not been complied with, restrain or enjoin the owner, agent, or operator from operating the mine until the law is complied with. (b) (1) In all proceedings before the court or judge, the owner, agent, or operator shall have two (2) days' notice of the intended application for restraining order. (2) The judge or the court shall hear the complaint on affidavits or other testimony that may be offered in support, as well as in opposition thereto, and, if sufficient cause appear, the court, or judge in vacation, by order shall prohibit the further working of any mine in which persons may not be safely employed, or which is worked contrary to the provisions of this act, until the mine has been made safe and the requirements of this act shall have been complied with. (3) The court shall award such costs in the proceedings as may be just, but any proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act. Acts 1893, No. 125, § 11, p. 213; C. & M. Dig., § 7254; Pope's Dig., § 9310; A.S.A. 1947, § 52-408.

(a) (1) If the inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the mine worked contrary to the provisions of this act or unsafe for the workmen employed therein, the inspector shall file a complaint before the judge of the circuit court in vacation or the circuit court when in session, in the name of the state, without cost or bond, showing that the owner, agent, or operator has failed to comply with the provisions of this act. (2) The court or judge, after hearing the cause, shall, if satisfied the law has not been complied with, restrain or enjoin the owner, agent, or operator from operating the mine until the law is complied with.

(1) If the inspector shall, after examination of any mine and the works and machinery pertaining thereto, find the mine worked contrary to the provisions of this act or unsafe for the workmen employed therein, the inspector shall file a complaint before the judge of the circuit court in vacation or the circuit court when in session, in the name of the state, without cost or bond, showing that the owner, agent, or operator has failed to comply with the provisions of this act.

(2) The court or judge, after hearing the cause, shall, if satisfied the law has not been complied with, restrain or enjoin the owner, agent, or operator from operating the mine until the law is complied with.

(b) (1) In all proceedings before the court or judge, the owner, agent, or operator shall have two (2) days' notice of the intended application for restraining order. (2) The judge or the court shall hear the complaint on affidavits or other testimony that may be offered in support, as well as in opposition thereto, and, if sufficient cause appear, the court, or judge in vacation, by order shall prohibit the further working of any mine in which persons may not be safely employed, or which is worked contrary to the provisions of this act, until the mine has been made safe and the requirements of this act shall have been complied with. (3) The court shall award such costs in the proceedings as may be just, but any proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

(1) In all proceedings before the court or judge, the owner, agent, or operator shall have two (2) days' notice of the intended application for restraining order.

(2) The judge or the court shall hear the complaint on affidavits or other testimony that may be offered in support, as well as in opposition thereto, and, if sufficient cause appear, the court, or judge in vacation, by order shall prohibit the further working of any mine in which persons may not be safely employed, or which is worked contrary to the provisions of this act, until the mine has been made safe and the requirements of this act shall have been complied with.

(3) The court shall award such costs in the proceedings as may be just, but any proceedings so commenced shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

Acts 1893, No. 125, § 11, p. 213; C. & M. Dig., § 7254; Pope's Dig., § 9310; A.S.A. 1947, § 52-408.
Ark. Code Ann. § 11-7-412 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-412
Coal miners - Temporary permit - Grandfather clause
Status: in_force

(a) A person making application for a coal miner's certificate of competency and qualification shall be granted a temporary permit to work until such time as an examination is held by the Director of the Division of Labor and if, in the judgment of the director, he or she is so qualified. (b) All fees collected from the applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out. Amended by Act 2019, No. 910,§ 5355, eff. 7/1/2019. Amended by Act 2017, No. 266,§ 8, eff. 8/1/2017. Acts 1949, No. 268, §§ 12, 13; A.S.A. 1947, §§ 52-512, 52-513.

(a) A person making application for a coal miner's certificate of competency and qualification shall be granted a temporary permit to work until such time as an examination is held by the Director of the Division of Labor and if, in the judgment of the director, he or she is so qualified.

(b) All fees collected from the applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out.

Amended by Act 2019, No. 910,§ 5355, eff. 7/1/2019.

Amended by Act 2017, No. 266,§ 8, eff. 8/1/2017.

Acts 1949, No. 268, §§ 12, 13; A.S.A. 1947, §§ 52-512, 52-513.
Ark. Code Ann. § 11-4-404 — AR Code / Title 11 / Chapter 4 / Subchapter 4 / Section 11-4-404
Payment by sale of goods or supplies
Status: in_force

(a) If any corporation, company, firm, or person shall coerce or compel or attempt to coerce or compel any employee in its employment to purchase goods or supplies in payment of wages, whether the wages are earned or not, from any corporation, company, firm, or person, the first-named corporation, company, firm, or person shall be guilty of a misdemeanor and upon conviction shall be punished as provided in § 11-4-403 . (b) If any corporation, company, firm, or person shall directly or indirectly sell to any employee in payment of wages, whether earned or not, goods and supplies at prices higher than a reasonable or current market value thereof in cash, the corporation, company, firm, or person shall be liable to the employee in a civil action in double the amount of the charges made and paid for any goods and supplies in excess of the reasonable or current value in cash thereof. (c) The provisions of this section do not apply to coal mines when fewer than twenty (20) men are employed under the ground. Acts 1907, No. 315, §§ 2, 3, p. 749; C. & M. Dig., §§ 7129, 7130; Pope's Dig., §§ 9115, 9116; A.S.A. 1947, §§ 81-306, 81-307.

(a) If any corporation, company, firm, or person shall coerce or compel or attempt to coerce or compel any employee in its employment to purchase goods or supplies in payment of wages, whether the wages are earned or not, from any corporation, company, firm, or person, the first-named corporation, company, firm, or person shall be guilty of a misdemeanor and upon conviction shall be punished as provided in § 11-4-403 .

(b) If any corporation, company, firm, or person shall directly or indirectly sell to any employee in payment of wages, whether earned or not, goods and supplies at prices higher than a reasonable or current market value thereof in cash, the corporation, company, firm, or person shall be liable to the employee in a civil action in double the amount of the charges made and paid for any goods and supplies in excess of the reasonable or current value in cash thereof.

(c) The provisions of this section do not apply to coal mines when fewer than twenty (20) men are employed under the ground.

Acts 1907, No. 315, §§ 2, 3, p. 749; C. & M. Dig., §§ 7129, 7130; Pope's Dig., §§ 9115, 9116; A.S.A. 1947, §§ 81-306, 81-307.
Ark. Code Ann. § 11-4-305 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-305
Enforcement of laborer's lien
Status: in_force

(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a sheriff or constable is authorized to take charge of property subject to a lien claim and hold it subject to the decision of the court, as in cases of attachment, the sheriff or constable, upon the claimant's otherwise complying with the law regarding attachments and upon the claimant's filing an affidavit with the clerk of the court that he or she is unable to make an attachment bond, shall take the defendant's receipt for the property described in the plaintiff's statement as required by § 18-43-106 , and the property shall be left in the possession of the defendant. (b) The defendant shall exercise full dominion over the property as if it had not been attached except that he or she may not give it away. The defendant may sell, pledge, mortgage, or otherwise alienate or encumber the property if the proceeds therefrom bear a reasonable relation to the value of the lien, so that the person purchasing or taking an encumbrance upon the property shall possess superior rights to the lien claimant. (c) (1) The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance. (2) The defendant shall also notify the plaintiff of the filing of the statement. (d) If, upon the successful termination of the litigation in favor of the lien claimant, the defendant fails within five (5) days to pay into the registry of the court where the action was originally instituted the proceeds from the sale or encumbrance, the defendant shall be held to be in contempt of court and punished as for contempt. Acts 1937, No. 86, § 4; Pope's Dig., § 8539; A.S.A. 1947, § 81-313.

(a) In all cases where the claimant is entitled to a laborer's lien or a lien on a thing or property worked on, the lien may be enforced as otherwise provided for by law, except that where a sheriff or constable is authorized to take charge of property subject to a lien claim and hold it subject to the decision of the court, as in cases of attachment, the sheriff or constable, upon the claimant's otherwise complying with the law regarding attachments and upon the claimant's filing an affidavit with the clerk of the court that he or she is unable to make an attachment bond, shall take the defendant's receipt for the property described in the plaintiff's statement as required by § 18-43-106 , and the property shall be left in the possession of the defendant.

(b) The defendant shall exercise full dominion over the property as if it had not been attached except that he or she may not give it away. The defendant may sell, pledge, mortgage, or otherwise alienate or encumber the property if the proceeds therefrom bear a reasonable relation to the value of the lien, so that the person purchasing or taking an encumbrance upon the property shall possess superior rights to the lien claimant.

(c) (1) The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance. (2) The defendant shall also notify the plaintiff of the filing of the statement.

(1) The defendant, however, selling or encumbering the property shall be held accountable to the court for the proceeds of the sale or encumbrance and shall file with the clerk of the court at the time of making the sale, or charging the property with an encumbrance, a statement giving the name of the purchaser or encumbrancer, his or her address, and the amount realized from the sale or encumbrance.

(2) The defendant shall also notify the plaintiff of the filing of the statement.

(d) If, upon the successful termination of the litigation in favor of the lien claimant, the defendant fails within five (5) days to pay into the registry of the court where the action was originally instituted the proceeds from the sale or encumbrance, the defendant shall be held to be in contempt of court and punished as for contempt.

Acts 1937, No. 86, § 4; Pope's Dig., § 8539; A.S.A. 1947, § 81-313.
Ark. Code Ann. § 11-9-306 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-306
Determination of surplus and rate of taxation
Status: in_force

(a) (1) The Workers' Compensation Commission, on or before December 31 of each year, shall determine the surplus, if any, in the Workers' Compensation Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (b) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Second Injury Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (c) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Death and Permanent Total Disability Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year. (d) (1) The total rate of taxation for all three (3) funds when added together shall not exceed three percent (3%). (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%). (e) (1) The commission shall notify each insurance carrier of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed and paid pursuant to the provisions of § 11-9-303(c) on or before April 1 of the following year. (2) The commission shall notify each self-insured employer subject to the tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each fund by the self-insurer through payments made directly to the commission on or before April 1 of the following year. (3) The commission shall notify each public employer subject to this tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each respective fund through payments made directly to the commission by the public employer on or before April 1 of the following year. (f) The commission shall have the authority to promulgate rules for administration of the assessment and tax collection process, including, but not limited to, rules applicable to the funds established in § 11-9-301 . (g) No later than March 30 each year, the commission shall provide the Insurance Commissioner a complete listing of workers' compensation premium tax collections for the preceding calendar year, including the monetary amount of workers' compensation premium tax paid, by year, by name of workers' compensation carrier, and by National Association of Insurance Commissioners identity number. Amended by Act 2019, No. 315,§ 783, eff. 7/24/2019. Amended by Act 2016EX3, No. 5,§ 4, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 4, eff. 8/22/2016. 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 1989 (3rd Ex. Sess.), No. 22, § 5; 2005, No. 505, § 3.

(a) (1) The Workers' Compensation Commission, on or before December 31 of each year, shall determine the surplus, if any, in the Workers' Compensation Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(1) The Workers' Compensation Commission, on or before December 31 of each year, shall determine the surplus, if any, in the Workers' Compensation Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year.

(2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(b) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Second Injury Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Second Injury Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year.

(2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(c) (1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Death and Permanent Total Disability Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year. (2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(1) The commission, on or before December 31 of each year, shall determine the surplus, if any, in the Death and Permanent Total Disability Trust Fund, together with the additional amounts necessary to properly administer this chapter for the ensuing year.

(2) The commission shall determine the rate of taxation for collections for that year on or before March 1 of the following year.

(d) (1) The total rate of taxation for all three (3) funds when added together shall not exceed three percent (3%). (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(1) The total rate of taxation for all three (3) funds when added together shall not exceed three percent (3%).

(2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502 , the tax rate under this section shall not exceed one and five-tenths percent (1.5%).

(e) (1) The commission shall notify each insurance carrier of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed and paid pursuant to the provisions of § 11-9-303(c) on or before April 1 of the following year. (2) The commission shall notify each self-insured employer subject to the tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each fund by the self-insurer through payments made directly to the commission on or before April 1 of the following year. (3) The commission shall notify each public employer subject to this tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each respective fund through payments made directly to the commission by the public employer on or before April 1 of the following year.

(1) The commission shall notify each insurance carrier of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed and paid pursuant to the provisions of § 11-9-303(c) on or before April 1 of the following year.

(2) The commission shall notify each self-insured employer subject to the tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each fund by the self-insurer through payments made directly to the commission on or before April 1 of the following year.

(3) The commission shall notify each public employer subject to this tax of the rate of taxation applicable to each fund for the preceding year, and taxes shall be computed by the commission and paid to each respective fund through payments made directly to the commission by the public employer on or before April 1 of the following year.

(f) The commission shall have the authority to promulgate rules for administration of the assessment and tax collection process, including, but not limited to, rules applicable to the funds established in § 11-9-301 .

(g) No later than March 30 each year, the commission shall provide the Insurance Commissioner a complete listing of workers' compensation premium tax collections for the preceding calendar year, including the monetary amount of workers' compensation premium tax paid, by year, by name of workers' compensation carrier, and by National Association of Insurance Commissioners identity number.

Amended by Act 2019, No. 315,§ 783, eff. 7/24/2019.

Amended by Act 2016EX3, No. 5,§ 4, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 4, eff. 8/22/2016.

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 1989 (3rd Ex. Sess.), No. 22, § 5; 2005, No. 505, § 3.
Ark. Code Ann. § 11-11-217 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-217
License fees
Status: in_force

(a) Before a permanent license shall be granted to a license applicant, an applicant shall pay the following annual fee for each license: (1) Two hundred fifty dollars ($250) for an employment agency; (2) Twenty-five dollars ($25.00) for an employment agency manager; and (3) Twenty dollars ($20.00) for an employment counselor. (b) Multiple licenses for a person simultaneously performing the functions of employment agent, agency manager, or employment counselor will not be required. The person shall procure a license commensurate with the highest level of job duties and responsibilities customarily and regularly performed by the person. (c) All moneys received from licensing shall be deposited into the general fund of the State Treasury. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) Before a permanent license shall be granted to a license applicant, an applicant shall pay the following annual fee for each license: (1) Two hundred fifty dollars ($250) for an employment agency; (2) Twenty-five dollars ($25.00) for an employment agency manager; and (3) Twenty dollars ($20.00) for an employment counselor.

(1) Two hundred fifty dollars ($250) for an employment agency;

(2) Twenty-five dollars ($25.00) for an employment agency manager; and

(3) Twenty dollars ($20.00) for an employment counselor.

(b) Multiple licenses for a person simultaneously performing the functions of employment agent, agency manager, or employment counselor will not be required. The person shall procure a license commensurate with the highest level of job duties and responsibilities customarily and regularly performed by the person.

(c) All moneys received from licensing shall be deposited into the general fund of the State Treasury.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Ark. Code Ann. § 11-10-1002 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1002
Legislative findings and intent
Status: in_force

The General Assembly finds that: (1) With a recession or economic slowdown now underway, the state's unemployment trust fund faces higher claims levels and longer benefit durations that accompany any economic downturn; (2) The Arkansas Unemployment Trust Fund: (A) Provides partial wage replacement to workers who find themselves out of work; (B) Provides economic stability for a community when major unemployment occurs; and (C) Encourages workers to remain in the community and to be available for work recalls by employers; (3) The state is in debt to the federal government for unemployment funds paid to citizens of the State of Arkansas; and (4) The bonds should be payable from revenues raised by an unemployment obligation assessment. Acts 2011, No. 1125, § 1.

The General Assembly finds that:

(1) With a recession or economic slowdown now underway, the state's unemployment trust fund faces higher claims levels and longer benefit durations that accompany any economic downturn;

(2) The Arkansas Unemployment Trust Fund: (A) Provides partial wage replacement to workers who find themselves out of work; (B) Provides economic stability for a community when major unemployment occurs; and (C) Encourages workers to remain in the community and to be available for work recalls by employers;

(A) Provides partial wage replacement to workers who find themselves out of work;

(B) Provides economic stability for a community when major unemployment occurs; and

(C) Encourages workers to remain in the community and to be available for work recalls by employers;

(3) The state is in debt to the federal government for unemployment funds paid to citizens of the State of Arkansas; and

(4) The bonds should be payable from revenues raised by an unemployment obligation assessment.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-3-206 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-206
Copies of employee background checks
Status: in_force

Upon the request of an employee or an applicant for employment, an employer that receives background check information regarding an employee or an applicant for employment shall provide a copy of the background check information to the employee or applicant for employment. Added by Act 2017, No. 1028,§ 1, eff. 8/1/2017.

Upon the request of an employee or an applicant for employment, an employer that receives background check information regarding an employee or an applicant for employment shall provide a copy of the background check information to the employee or applicant for employment.

Added by Act 2017, No. 1028,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 11-9-405 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-405
Substitution of carrier for employer
Status: in_force

(a) In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer and in order that the administration of this chapter with respect to that liability may be facilitated, the Workers' Compensation Commission shall by rule provide for the discharge by the carrier, for the employer, of the obligations and duties of the employer with respect to such liability imposed by this chapter upon the employer as it considers proper in order to effectuate the provisions of this chapter. (b) For such purpose: (1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier; (2) Jurisdiction over the employer by the commission or by any court under this chapter shall be jurisdiction over the carrier; and (3) Any requirements by the commission or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer. Amended by Act 2019, No. 315,§ 785, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 37, Acts 1949, p. 1420; A.S.A. 1947, § 81-1337.

(a) In any case where the employer is not a self-insurer, in order that the liability for compensation imposed by this chapter may be most effectively discharged by the employer and in order that the administration of this chapter with respect to that liability may be facilitated, the Workers' Compensation Commission shall by rule provide for the discharge by the carrier, for the employer, of the obligations and duties of the employer with respect to such liability imposed by this chapter upon the employer as it considers proper in order to effectuate the provisions of this chapter.

(b) For such purpose: (1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier; (2) Jurisdiction over the employer by the commission or by any court under this chapter shall be jurisdiction over the carrier; and (3) Any requirements by the commission or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

(1) Notice to or knowledge of an employer of the occurrence of the injury shall be notice to or knowledge of the carrier;

(2) Jurisdiction over the employer by the commission or by any court under this chapter shall be jurisdiction over the carrier; and

(3) Any requirements by the commission or any court under any compensation order, finding, or decision shall be binding upon the carrier in the same manner and to the same extent as upon the employer.

Amended by Act 2019, No. 315,§ 785, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 37, Acts 1949, p. 1420; A.S.A. 1947, § 81-1337.
Ark. Code Ann. § 11-9-810 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-810
Notice of payment
Status: in_force

(a) Upon making the first payment and upon suspension of payment of compensation, the employer shall notify the Workers' Compensation Commission of that fact on a form prescribed by the commission. (b) (1) Within thirty (30) days after the final payment of compensation has been made, the employer shall send to the commission a notice, in accordance with a form prescribed by the commission. This form shall state that the final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the person to whom compensation has been paid. (2) If the employer fails so to notify the commission within that time, the commission may assess against the employer a civil penalty in an amount not exceeding one hundred dollars ($100), but no penalty shall be assessed without notice to the employer, giving the employer an opportunity to be heard. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.

(a) Upon making the first payment and upon suspension of payment of compensation, the employer shall notify the Workers' Compensation Commission of that fact on a form prescribed by the commission.

(b) (1) Within thirty (30) days after the final payment of compensation has been made, the employer shall send to the commission a notice, in accordance with a form prescribed by the commission. This form shall state that the final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the person to whom compensation has been paid. (2) If the employer fails so to notify the commission within that time, the commission may assess against the employer a civil penalty in an amount not exceeding one hundred dollars ($100), but no penalty shall be assessed without notice to the employer, giving the employer an opportunity to be heard.

(1) Within thirty (30) days after the final payment of compensation has been made, the employer shall send to the commission a notice, in accordance with a form prescribed by the commission. This form shall state that the final payment has been made, the total amount of compensation paid, the name of the employee and of any other person to whom compensation has been paid, the date of the injury or death, and the person to whom compensation has been paid.

(2) If the employer fails so to notify the commission within that time, the commission may assess against the employer a civil penalty in an amount not exceeding one hundred dollars ($100), but no penalty shall be assessed without notice to the employer, giving the employer an opportunity to be heard.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1959, No. 167, § 1; A.S.A. 1947, § 81-1319.
Ark. Code Ann. § 11-10-702 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-702
Rate of contributions
Status: in_force

Each employer shall pay contributions equal to two and nine-tenths percent (2.9%) of wages paid by the employer with respect to employment, except as may otherwise be prescribed in § 11-10-703 . Acts 1941, No. 391, § 7; 1943, No. 138, § 12; 1963, No. 93, § 9; 1971, No. 35, § 11; 1983, No. 482, § 25; A.S.A. 1947, § 81-1108.

Each employer shall pay contributions equal to two and nine-tenths percent (2.9%) of wages paid by the employer with respect to employment, except as may otherwise be prescribed in § 11-10-703 .

Acts 1941, No. 391, § 7; 1943, No. 138, § 12; 1963, No. 93, § 9; 1971, No. 35, § 11; 1983, No. 482, § 25; A.S.A. 1947, § 81-1108.
Ark. Code Ann. § 11-10-602 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-602
Applicability
Status: in_force

(a) Except as otherwise provided in this subchapter, provisions of this chapter that are applicable to unemployment compensation claimants shall apply to shared work unemployment compensation claimants. (b) An individual who files an initial claim for shared work unemployment compensation benefits shall be provided, if eligible therefor, a monetary determination of entitlement to shared work unemployment compensation benefits and shall serve a waiting week. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.

(a) Except as otherwise provided in this subchapter, provisions of this chapter that are applicable to unemployment compensation claimants shall apply to shared work unemployment compensation claimants.

(b) An individual who files an initial claim for shared work unemployment compensation benefits shall be provided, if eligible therefor, a monetary determination of entitlement to shared work unemployment compensation benefits and shall serve a waiting week.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n.
Ark. Code Ann. § 11-6-113 — AR Code / Title 11 / Chapter 6 / Section 11-6-113
Professional baseball work as batboy or batgirl permitted
Status: in_force

(a) The purpose of this section is to provide children with an opportunity to develop business interests related to professional baseball and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency. (b) (1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to serve as and perform the duties of a batboy or batgirl for a professional baseball club, during the school term, or during vacation, if the child is attending school as required by law and does not engage in the employment or activity except at times when his or her presence is not required at school. (2) The provisions of §§ 11-6-101 - 11-6-112 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section. (c) The provisions of this section shall be applicable only where the provision is made by the employer or professional baseball club to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract. (d) No child shall be employed or permitted to work pursuant to the provisions of this section for more than ten (10) hours in any day or after 11:00 p.m. on nights preceding school days or after 1:00 a.m. on nights preceding nonschool days. Acts 1991, No. 1170, § 1.

(a) The purpose of this section is to provide children with an opportunity to develop business interests related to professional baseball and to promote in them a spirit of thrift and industry by encouragement of their engagement in a particular situation when the child, parent, and community will be benefited and which tends to prevent juvenile delinquency.

(b) (1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to serve as and perform the duties of a batboy or batgirl for a professional baseball club, during the school term, or during vacation, if the child is attending school as required by law and does not engage in the employment or activity except at times when his or her presence is not required at school. (2) The provisions of §§ 11-6-101 - 11-6-112 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.

(1) A minor may be employed or may enter into contracts, upon written approval of the parent or guardian of the minor, to serve as and perform the duties of a batboy or batgirl for a professional baseball club, during the school term, or during vacation, if the child is attending school as required by law and does not engage in the employment or activity except at times when his or her presence is not required at school.

(2) The provisions of §§ 11-6-101 - 11-6-112 , with respect to child labor, shall not be applicable with respect to the contract or employment as authorized in this section.

(c) The provisions of this section shall be applicable only where the provision is made by the employer or professional baseball club to provide insurance or indemnity for injury to or death of the minor arising out of bodily injury caused by an accident when the accident hazard arises while the minor is on the business of the employer or performing the activities set out in the contract.

(d) No child shall be employed or permitted to work pursuant to the provisions of this section for more than ten (10) hours in any day or after 11:00 p.m. on nights preceding school days or after 1:00 a.m. on nights preceding nonschool days.

Acts 1991, No. 1170, § 1.
Ark. Code Ann. § 11-10-1005 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1005
Governor's proclamation
Status: in_force

(a) The Arkansas Development Finance Authority shall prepare and distribute to the Governor a report that shall contain a plan for repaying the federal Unemployment Trust Fund debt and the estimated time and cost to repay the debt. (b) Upon receipt of the report described in subsection (a) of this section, the Governor shall, if the Governor deems it to be in the public interest, by proclamation call an election on the question of issuing the bonds. Acts 2011, No. 1125, § 1.

(a) The Arkansas Development Finance Authority shall prepare and distribute to the Governor a report that shall contain a plan for repaying the federal Unemployment Trust Fund debt and the estimated time and cost to repay the debt.

(b) Upon receipt of the report described in subsection (a) of this section, the Governor shall, if the Governor deems it to be in the public interest, by proclamation call an election on the question of issuing the bonds.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-10-301 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-301
Division of Workforce Services - Creation - Director
Status: in_force

(a) (1) There is created a division to be known as the "Division of Workforce Services". (2) The division shall be administered by a full-time salaried director. (3) The Director of the Division of Workforce Services shall be appointed by and serve at the pleasure of the Governor. (4) The director shall report to the Secretary of the Department of Commerce. (5) The director shall have resided in the state for at least five (5) years and shall be a qualified elector. (b) Before entering upon his or her duties, the director shall take and subscribe, and file in the office of the Secretary of State, an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (c) The director shall have such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and will faithfully perform his or her duties and properly account for all funds received and disbursed by him or her under authority of this chapter. (d) The director shall be the agent for service of process for all legal actions arising under this chapter or to which the division shall be named a party. (e) The director shall procure an official seal, and every paper executed by the director in pursuance of law and sealed with the seal of his or her office shall be received in evidence in any court or other tribunal in this state and may be recorded in the same manner and with like effect as instruments regularly acknowledged. (f) (1) The director shall have the authority to institute and prosecute in his or her name, as such, all suits, certificates of assessment, and other proceedings necessary for the collection of any taxes or overpayments collectible by him or her and which have become delinquent. (2) No deposits of advance costs shall be required of the director in any suit or proceedings, nor shall he or she be required to give bond for costs, indemnity, or stay as a condition to the institution of any suit or proceedings, or to the issuance, service, or execution of any process therein, or ancillary thereto, or the appeal from any adverse action. (g) (1) The director shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity. (2) No bond shall be required of the director in obtaining restraining orders, injunctions, or in any other cases where a bond is required to be made by a litigant, including supersedeas bond upon appeal. Amended by Act 2019, No. 910,§ 188, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 187, eff. 7/1/2019. Acts 1941, No. 391, § 10; 1945, No. 202, § 1; 1947, No. 398, § 10; 1955, No. 395, § 27; 1975 (Extended Sess., 1976), No. 1083, § 10; A.S.A. 1947, §§ 81-1113, 81-1114; reen. Acts 1987, No. 672, § 9; Acts 1991, No. 100, § 5; 1993, No. 6, § 3; 2005, No. 1705, § 1.

(a) (1) There is created a division to be known as the "Division of Workforce Services". (2) The division shall be administered by a full-time salaried director. (3) The Director of the Division of Workforce Services shall be appointed by and serve at the pleasure of the Governor. (4) The director shall report to the Secretary of the Department of Commerce. (5) The director shall have resided in the state for at least five (5) years and shall be a qualified elector.

(1) There is created a division to be known as the "Division of Workforce Services".

(2) The division shall be administered by a full-time salaried director.

(3) The Director of the Division of Workforce Services shall be appointed by and serve at the pleasure of the Governor.

(4) The director shall report to the Secretary of the Department of Commerce.

(5) The director shall have resided in the state for at least five (5) years and shall be a qualified elector.

(b) Before entering upon his or her duties, the director shall take and subscribe, and file in the office of the Secretary of State, an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(c) The director shall have such power and authority as he or she deems reasonable and proper for the effective administration of this chapter and will faithfully perform his or her duties and properly account for all funds received and disbursed by him or her under authority of this chapter.

(d) The director shall be the agent for service of process for all legal actions arising under this chapter or to which the division shall be named a party.

(e) The director shall procure an official seal, and every paper executed by the director in pursuance of law and sealed with the seal of his or her office shall be received in evidence in any court or other tribunal in this state and may be recorded in the same manner and with like effect as instruments regularly acknowledged.

(f) (1) The director shall have the authority to institute and prosecute in his or her name, as such, all suits, certificates of assessment, and other proceedings necessary for the collection of any taxes or overpayments collectible by him or her and which have become delinquent. (2) No deposits of advance costs shall be required of the director in any suit or proceedings, nor shall he or she be required to give bond for costs, indemnity, or stay as a condition to the institution of any suit or proceedings, or to the issuance, service, or execution of any process therein, or ancillary thereto, or the appeal from any adverse action.

(1) The director shall have the authority to institute and prosecute in his or her name, as such, all suits, certificates of assessment, and other proceedings necessary for the collection of any taxes or overpayments collectible by him or her and which have become delinquent.

(2) No deposits of advance costs shall be required of the director in any suit or proceedings, nor shall he or she be required to give bond for costs, indemnity, or stay as a condition to the institution of any suit or proceedings, or to the issuance, service, or execution of any process therein, or ancillary thereto, or the appeal from any adverse action.

(g) (1) The director shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity. (2) No bond shall be required of the director in obtaining restraining orders, injunctions, or in any other cases where a bond is required to be made by a litigant, including supersedeas bond upon appeal.

(1) The director shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity.

(2) No bond shall be required of the director in obtaining restraining orders, injunctions, or in any other cases where a bond is required to be made by a litigant, including supersedeas bond upon appeal.

Amended by Act 2019, No. 910,§ 188, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 187, eff. 7/1/2019.

Acts 1941, No. 391, § 10; 1945, No. 202, § 1; 1947, No. 398, § 10; 1955, No. 395, § 27; 1975 (Extended Sess., 1976), No. 1083, § 10; A.S.A. 1947, §§ 81-1113, 81-1114; reen. Acts 1987, No. 672, § 9; Acts 1991, No. 100, § 5; 1993, No. 6, § 3; 2005, No. 1705, § 1.
Ark. Code Ann. § 11-10-111 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-111
Protection of rights and benefits - Exception for withholding food stamp overages - Definition
Status: in_force

(a) (1) An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined in section 13(c)(1) of the Food Stamp Act of 1977, of food stamp coupons. (2) The Director of the Division of Workforce Services shall notify the state food stamp agency enforcing the obligation of any individual who discloses that he or she owes a food stamp overage obligation and who is determined to be eligible for unemployment compensation. (b) The director shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance: (1) The amount specified by the individual to the director to be deducted and withheld under this section; (2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or (3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1997. (c) Any amount deducted and withheld under this section shall be paid by the director to the food stamp program administered by the Division of County Operations. (d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Human Services as repayment of the individual's uncollected food stamp overissuance. (e) For purposes of this section, the term "unemployment compensation" means any compensation payable under this act, including amounts payable by the director pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment. (f) This section applies only after an agreement has been made for reimbursement by the department for the administrative costs incurred by the director under this section which are attributable to the repayment of uncollected food stamp overissuances. Amended by Act 2019, No. 910,§ 177, eff. 7/1/2019. Acts 1997, No. 234, § 1.

(a) (1) An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined in section 13(c)(1) of the Food Stamp Act of 1977, of food stamp coupons. (2) The Director of the Division of Workforce Services shall notify the state food stamp agency enforcing the obligation of any individual who discloses that he or she owes a food stamp overage obligation and who is determined to be eligible for unemployment compensation.

(1) An individual filing a new claim for unemployment compensation shall at the time of filing the claim disclose whether or not he or she owes an uncollected overissuance, as defined in section 13(c)(1) of the Food Stamp Act of 1977, of food stamp coupons.

(2) The Director of the Division of Workforce Services shall notify the state food stamp agency enforcing the obligation of any individual who discloses that he or she owes a food stamp overage obligation and who is determined to be eligible for unemployment compensation.

(b) The director shall deduct and withhold from any unemployment compensation payable to an individual who owes an uncollected overissuance: (1) The amount specified by the individual to the director to be deducted and withheld under this section; (2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or (3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1997.

(1) The amount specified by the individual to the director to be deducted and withheld under this section;

(2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under section 13(c)(3)(A) of the Food Stamp Act of 1977; or

(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to section 13(c)(3)(B) of the Food Stamp Act of 1997.

(c) Any amount deducted and withheld under this section shall be paid by the director to the food stamp program administered by the Division of County Operations.

(d) Any amount deducted and withheld under subsection (b) of this section shall for all purposes be treated as if it were paid to the individual as unemployment compensation and paid by the individual to the Department of Human Services as repayment of the individual's uncollected food stamp overissuance.

(e) For purposes of this section, the term "unemployment compensation" means any compensation payable under this act, including amounts payable by the director pursuant to an agreement under any federal law providing for compensation, assistance, or allowances with respect to unemployment.

(f) This section applies only after an agreement has been made for reimbursement by the department for the administrative costs incurred by the director under this section which are attributable to the repayment of uncollected food stamp overissuances.

Amended by Act 2019, No. 910,§ 177, eff. 7/1/2019.

Acts 1997, No. 234, § 1.
Ark. Code Ann. § 11-10-206 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-206
Director
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "director" means the Director of the Division of Workforce Services. Amended by Act 2019, No. 910,§ 179, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1955, No. 395, § 1; 1977, No. 366, § 2; A.S.A. 1947, § 81-1103; Acts 1991, No. 100, § 2.

As used in this chapter, unless the context clearly requires otherwise, "director" means the Director of the Division of Workforce Services.

Amended by Act 2019, No. 910,§ 179, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1955, No. 395, § 1; 1977, No. 366, § 2; A.S.A. 1947, § 81-1103; Acts 1991, No. 100, § 2.
Ark. Code Ann. § 11-9-715 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-715
Fees for legal services
Status: in_force

(a) (1) (A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers' Compensation Commission. (B) Attorney's fees shall be twenty-five percent (25%) of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee. Attorney's fees shall not be awarded on medical benefits or services except as provided in subdivision (a)(4) of this section. (2) (A) Whenever the commission finds that a claim against the Treasurer of State, as custodian of the Second Injury Trust Fund or as custodian of the Death and Permanent Total Disability Trust Fund, has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid from the fund, in addition to compensation awarded, and the fees shall be allowed only on the amount of compensation controverted and awarded from the fund. (B) (i) In all other cases whenever the commission finds that a claim has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid to the attorney for the claimant as follows: One-half (½) by the employer or carrier in addition to compensation awarded; and one-half (½) by the injured employee or dependents of a deceased employee out of compensation payable to them. (ii) The fees shall be allowed only on the amount of compensation for indemnity benefits controverted and awarded. (iii) However, the commission shall not find that a claim has been controverted if the claimant or his or her representative has withheld from the respondent during the period of time allotted for the respondent to determine its position any medical information in his or her possession which substantiates the claim. (C) (i) Whenever the commission finds that a claim has not been controverted but further finds that bona fide legal services have been rendered in respect to the claim, then the commission shall direct the payment of the fees by the injured employee or dependents of a deceased employee out of the compensation awarded. (ii) In determining the amount of fees when a claim is not controverted, the commission shall use its discretion in awarding an attorney's fee not to exceed twenty-five percent (25%) and in so doing shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiaries. (3) In any case where attorney's fees are allowed by the commission, the limitations expressed in the first sentence herein shall apply. (4) Medical providers may voluntarily contract with the attorney for the claimant to recover disputed bills, and the attorney may charge a reasonable fee to the medical provider as a cost of collection. (b) (1) If the claimant prevails on appeal, the attorney for the claimant shall be entitled to an additional fee at the full commission and appellate court levels in addition to the fees provided in subdivision (a)(1) of this section, the additional fee to be paid equally by the employer or carrier and by the injured employee or dependents of a deceased employee, as provided above and set by the commission or appellate court. (2) The maximum fees allowable pursuant to this subsection shall be the sum of five hundred dollars ($500) on appeals to the full commission from a decision of the administrative law judge and the sum of one thousand dollars ($1,000) on appeals to the Court of Appeals or Supreme Court from a decision of the commission. (3) In determining the amount of fees, the commission and the court shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiary. (c) (1) The fee for legal services rendered by the claimant's attorney in connection with a change of physician requested by the injured employee, controverted by the employer or carrier and awarded by the commission, shall be two hundred dollars ($200). (2) No additional fee shall be payable with respect to uncontroverted charges incurred in connection with treatment by the new physician. (d) (1) No fees for legal services rendered by the claimant's attorney with respect to the preliminary conference procedure shall be awarded by the commission. (2) However, the claimant's attorney or other representative may charge a reasonable fee to the claimant for representation in connection with the conference. (3) Unless compensability of a claim is controverted by the employer or carrier, fees for legal services by the claimant's attorney with respect to disability for loss of wage-earning capacity shall be payable only for amounts awarded at a contested hearing which exceed the amount, if any, which the employer or carrier agreed in writing to accept at the preliminary conference. (e) The amendments made by this act of 2001 regarding attorney's fees contained in this section shall be effective with respect to benefits payable in connection with disability or death due to injuries occurring on or after July 1, 2001. Init. Meas. 1948, No. 4, § 32, Acts 1949, p. 1420; Acts 1959, No. 144, § 2; 1975 (Extended Sess., 1976), No. 1227, § 16; 1979, No. 253, § 8; 1979, No. 822, § 1; 1981, No. 290, § 12; 1986 (2nd Ex. Sess.), No. 10, § 12; A.S.A. 1947, § 81-1332; reen. Acts 1987, No. 1015, § 16; Acts 2001, No. 1281, § 5.

(a) (1) (A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers' Compensation Commission. (B) Attorney's fees shall be twenty-five percent (25%) of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee. Attorney's fees shall not be awarded on medical benefits or services except as provided in subdivision (a)(4) of this section. (2) (A) Whenever the commission finds that a claim against the Treasurer of State, as custodian of the Second Injury Trust Fund or as custodian of the Death and Permanent Total Disability Trust Fund, has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid from the fund, in addition to compensation awarded, and the fees shall be allowed only on the amount of compensation controverted and awarded from the fund. (B) (i) In all other cases whenever the commission finds that a claim has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid to the attorney for the claimant as follows: One-half (½) by the employer or carrier in addition to compensation awarded; and one-half (½) by the injured employee or dependents of a deceased employee out of compensation payable to them. (ii) The fees shall be allowed only on the amount of compensation for indemnity benefits controverted and awarded. (iii) However, the commission shall not find that a claim has been controverted if the claimant or his or her representative has withheld from the respondent during the period of time allotted for the respondent to determine its position any medical information in his or her possession which substantiates the claim. (C) (i) Whenever the commission finds that a claim has not been controverted but further finds that bona fide legal services have been rendered in respect to the claim, then the commission shall direct the payment of the fees by the injured employee or dependents of a deceased employee out of the compensation awarded. (ii) In determining the amount of fees when a claim is not controverted, the commission shall use its discretion in awarding an attorney's fee not to exceed twenty-five percent (25%) and in so doing shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiaries. (3) In any case where attorney's fees are allowed by the commission, the limitations expressed in the first sentence herein shall apply. (4) Medical providers may voluntarily contract with the attorney for the claimant to recover disputed bills, and the attorney may charge a reasonable fee to the medical provider as a cost of collection.

(1) (A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers' Compensation Commission. (B) Attorney's fees shall be twenty-five percent (25%) of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee. Attorney's fees shall not be awarded on medical benefits or services except as provided in subdivision (a)(4) of this section.

(A) Fees for legal services rendered in respect of a claim shall not be valid unless approved by the Workers' Compensation Commission.

(B) Attorney's fees shall be twenty-five percent (25%) of compensation for indemnity benefits payable to the injured employee or dependents of a deceased employee. Attorney's fees shall not be awarded on medical benefits or services except as provided in subdivision (a)(4) of this section.

(2) (A) Whenever the commission finds that a claim against the Treasurer of State, as custodian of the Second Injury Trust Fund or as custodian of the Death and Permanent Total Disability Trust Fund, has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid from the fund, in addition to compensation awarded, and the fees shall be allowed only on the amount of compensation controverted and awarded from the fund. (B) (i) In all other cases whenever the commission finds that a claim has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid to the attorney for the claimant as follows: One-half (½) by the employer or carrier in addition to compensation awarded; and one-half (½) by the injured employee or dependents of a deceased employee out of compensation payable to them. (ii) The fees shall be allowed only on the amount of compensation for indemnity benefits controverted and awarded. (iii) However, the commission shall not find that a claim has been controverted if the claimant or his or her representative has withheld from the respondent during the period of time allotted for the respondent to determine its position any medical information in his or her possession which substantiates the claim. (C) (i) Whenever the commission finds that a claim has not been controverted but further finds that bona fide legal services have been rendered in respect to the claim, then the commission shall direct the payment of the fees by the injured employee or dependents of a deceased employee out of the compensation awarded. (ii) In determining the amount of fees when a claim is not controverted, the commission shall use its discretion in awarding an attorney's fee not to exceed twenty-five percent (25%) and in so doing shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiaries.

(A) Whenever the commission finds that a claim against the Treasurer of State, as custodian of the Second Injury Trust Fund or as custodian of the Death and Permanent Total Disability Trust Fund, has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid from the fund, in addition to compensation awarded, and the fees shall be allowed only on the amount of compensation controverted and awarded from the fund.

(B) (i) In all other cases whenever the commission finds that a claim has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid to the attorney for the claimant as follows: One-half (½) by the employer or carrier in addition to compensation awarded; and one-half (½) by the injured employee or dependents of a deceased employee out of compensation payable to them. (ii) The fees shall be allowed only on the amount of compensation for indemnity benefits controverted and awarded. (iii) However, the commission shall not find that a claim has been controverted if the claimant or his or her representative has withheld from the respondent during the period of time allotted for the respondent to determine its position any medical information in his or her possession which substantiates the claim.

(i) In all other cases whenever the commission finds that a claim has been controverted, in whole or in part, the commission shall direct that fees for legal services be paid to the attorney for the claimant as follows: One-half (½) by the employer or carrier in addition to compensation awarded; and one-half (½) by the injured employee or dependents of a deceased employee out of compensation payable to them.

(ii) The fees shall be allowed only on the amount of compensation for indemnity benefits controverted and awarded.

(iii) However, the commission shall not find that a claim has been controverted if the claimant or his or her representative has withheld from the respondent during the period of time allotted for the respondent to determine its position any medical information in his or her possession which substantiates the claim.

(C) (i) Whenever the commission finds that a claim has not been controverted but further finds that bona fide legal services have been rendered in respect to the claim, then the commission shall direct the payment of the fees by the injured employee or dependents of a deceased employee out of the compensation awarded. (ii) In determining the amount of fees when a claim is not controverted, the commission shall use its discretion in awarding an attorney's fee not to exceed twenty-five percent (25%) and in so doing shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiaries.

(i) Whenever the commission finds that a claim has not been controverted but further finds that bona fide legal services have been rendered in respect to the claim, then the commission shall direct the payment of the fees by the injured employee or dependents of a deceased employee out of the compensation awarded.

(ii) In determining the amount of fees when a claim is not controverted, the commission shall use its discretion in awarding an attorney's fee not to exceed twenty-five percent (25%) and in so doing shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiaries.

(3) In any case where attorney's fees are allowed by the commission, the limitations expressed in the first sentence herein shall apply.

(4) Medical providers may voluntarily contract with the attorney for the claimant to recover disputed bills, and the attorney may charge a reasonable fee to the medical provider as a cost of collection.

(b) (1) If the claimant prevails on appeal, the attorney for the claimant shall be entitled to an additional fee at the full commission and appellate court levels in addition to the fees provided in subdivision (a)(1) of this section, the additional fee to be paid equally by the employer or carrier and by the injured employee or dependents of a deceased employee, as provided above and set by the commission or appellate court. (2) The maximum fees allowable pursuant to this subsection shall be the sum of five hundred dollars ($500) on appeals to the full commission from a decision of the administrative law judge and the sum of one thousand dollars ($1,000) on appeals to the Court of Appeals or Supreme Court from a decision of the commission. (3) In determining the amount of fees, the commission and the court shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiary.

(1) If the claimant prevails on appeal, the attorney for the claimant shall be entitled to an additional fee at the full commission and appellate court levels in addition to the fees provided in subdivision (a)(1) of this section, the additional fee to be paid equally by the employer or carrier and by the injured employee or dependents of a deceased employee, as provided above and set by the commission or appellate court.

(2) The maximum fees allowable pursuant to this subsection shall be the sum of five hundred dollars ($500) on appeals to the full commission from a decision of the administrative law judge and the sum of one thousand dollars ($1,000) on appeals to the Court of Appeals or Supreme Court from a decision of the commission.

(3) In determining the amount of fees, the commission and the court shall take into consideration the nature, length, and complexity of the services performed and the benefits resulting to the compensation beneficiary.

(c) (1) The fee for legal services rendered by the claimant's attorney in connection with a change of physician requested by the injured employee, controverted by the employer or carrier and awarded by the commission, shall be two hundred dollars ($200). (2) No additional fee shall be payable with respect to uncontroverted charges incurred in connection with treatment by the new physician.

(1) The fee for legal services rendered by the claimant's attorney in connection with a change of physician requested by the injured employee, controverted by the employer or carrier and awarded by the commission, shall be two hundred dollars ($200).

(2) No additional fee shall be payable with respect to uncontroverted charges incurred in connection with treatment by the new physician.

(d) (1) No fees for legal services rendered by the claimant's attorney with respect to the preliminary conference procedure shall be awarded by the commission. (2) However, the claimant's attorney or other representative may charge a reasonable fee to the claimant for representation in connection with the conference. (3) Unless compensability of a claim is controverted by the employer or carrier, fees for legal services by the claimant's attorney with respect to disability for loss of wage-earning capacity shall be payable only for amounts awarded at a contested hearing which exceed the amount, if any, which the employer or carrier agreed in writing to accept at the preliminary conference.

(1) No fees for legal services rendered by the claimant's attorney with respect to the preliminary conference procedure shall be awarded by the commission.

(2) However, the claimant's attorney or other representative may charge a reasonable fee to the claimant for representation in connection with the conference.

(3) Unless compensability of a claim is controverted by the employer or carrier, fees for legal services by the claimant's attorney with respect to disability for loss of wage-earning capacity shall be payable only for amounts awarded at a contested hearing which exceed the amount, if any, which the employer or carrier agreed in writing to accept at the preliminary conference.

(e) The amendments made by this act of 2001 regarding attorney's fees contained in this section shall be effective with respect to benefits payable in connection with disability or death due to injuries occurring on or after July 1, 2001.

Init. Meas. 1948, No. 4, § 32, Acts 1949, p. 1420; Acts 1959, No. 144, § 2; 1975 (Extended Sess., 1976), No. 1227, § 16; 1979, No. 253, § 8; 1979, No. 822, § 1; 1981, No. 290, § 12; 1986 (2nd Ex. Sess.), No. 10, § 12; A.S.A. 1947, § 81-1332; reen. Acts 1987, No. 1015, § 16; Acts 2001, No. 1281, § 5.
Ark. Code Ann. § 11-9-528 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-528
Employer records
Status: in_force

(a) Every employer shall keep a record with respect to any injury to an employee. (b) The record shall contain such information of disability or death with respect to the injury as the Workers' Compensation Commission may by rule require. (c) The record shall be available for inspection by the commission or by any state authority at such time and under such conditions as the commission may by rule prescribe. Amended by Act 2019, No. 315,§ 795, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 33, Acts 1949, p. 1420; A.S.A. 1947, § 81-1333.

(a) Every employer shall keep a record with respect to any injury to an employee.

(b) The record shall contain such information of disability or death with respect to the injury as the Workers' Compensation Commission may by rule require.

(c) The record shall be available for inspection by the commission or by any state authority at such time and under such conditions as the commission may by rule prescribe.

Amended by Act 2019, No. 315,§ 795, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 33, Acts 1949, p. 1420; A.S.A. 1947, § 81-1333.
Ark. Code Ann. § 11-10-320 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-320
Employment Security Administration Fund - Creation
Status: in_force

(a) There is created in the State Treasury a special fund to be known as the "Employment Security Administration Fund". (b) All money deposited or paid into the Employment Security Administration Fund shall be continuously available to the Director of the Division of Workforce Services for expenditure in accordance with the provisions of this chapter and shall not lapse at any time or be transferred to any other fund. (c) The Employment Security Administration Fund shall consist of any money appropriated by this state in accordance with this chapter; all money received from the United States or any agency thereof; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to the agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to property, equipment, or supplies purchased from money in the Employment Security Administration Fund; and all proceeds realized from the sale or disposition of any property, equipment, or supplies which may no longer be necessary for the proper administration of this law. (d) Notwithstanding any provision of this section and §§ 11-10-321 and 11-10-322 , all money requisitioned and deposited into the Employment Security Administration Fund pursuant to this chapter shall remain part of the Employment Security Administration Fund and shall be used only in accordance with the conditions specified in this chapter. (e) The director shall transmit to the Auditor of State all documents and information required by the Auditor of State from which to prepare a register. The Auditor of State is authorized and directed to keep a register in his or her office of all checks and other fiscal transactions of the expenditures from the Employment Security Administration Fund. This information shall be a public record. Amended by Act 2019, No. 910,§ 226, eff. 7/1/2019. Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 23; 1985, No. 9, § 23; A.S.A. 1947, § 81-1116.

(a) There is created in the State Treasury a special fund to be known as the "Employment Security Administration Fund".

(b) All money deposited or paid into the Employment Security Administration Fund shall be continuously available to the Director of the Division of Workforce Services for expenditure in accordance with the provisions of this chapter and shall not lapse at any time or be transferred to any other fund.

(c) The Employment Security Administration Fund shall consist of any money appropriated by this state in accordance with this chapter; all money received from the United States or any agency thereof; all money received from any agency of the United States or any other state as compensation for services or facilities supplied to the agency; all amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to property, equipment, or supplies purchased from money in the Employment Security Administration Fund; and all proceeds realized from the sale or disposition of any property, equipment, or supplies which may no longer be necessary for the proper administration of this law.

(d) Notwithstanding any provision of this section and §§ 11-10-321 and 11-10-322 , all money requisitioned and deposited into the Employment Security Administration Fund pursuant to this chapter shall remain part of the Employment Security Administration Fund and shall be used only in accordance with the conditions specified in this chapter.

(e) The director shall transmit to the Auditor of State all documents and information required by the Auditor of State from which to prepare a register. The Auditor of State is authorized and directed to keep a register in his or her office of all checks and other fiscal transactions of the expenditures from the Employment Security Administration Fund. This information shall be a public record.

Amended by Act 2019, No. 910,§ 226, eff. 7/1/2019.

Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 23; 1985, No. 9, § 23; A.S.A. 1947, § 81-1116.
Ark. Code Ann. § 11-9-509 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-509
Medical services and supplies - Amounts and time periods
Status: in_force

The amounts payable or time periods allowable for authorized medical, hospital, and other services and treatment furnished under §§ 11-9-508 - 11-9-516 , unless waived by the employer-respondent or approved by the Workers' Compensation Commission and warranted by the preponderance of the evidence on the basis of the record as a whole, are: (1) Six (6) months if the claimant lost no compensable time from work as a result of his or her injury; (2) Six (6) months following the return to work by an injured employee who has been receiving authorized medical or hospital or other services or treatment; (3) Ten thousand dollars ($10,000) aggregate for all authorized medical, hospital, and other services and treatment, including any amounts paid under subdivisions (1) and (2) of this section. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.

The amounts payable or time periods allowable for authorized medical, hospital, and other services and treatment furnished under §§ 11-9-508 - 11-9-516 , unless waived by the employer-respondent or approved by the Workers' Compensation Commission and warranted by the preponderance of the evidence on the basis of the record as a whole, are:

(1) Six (6) months if the claimant lost no compensable time from work as a result of his or her injury;

(2) Six (6) months following the return to work by an injured employee who has been receiving authorized medical or hospital or other services or treatment;

(3) Ten thousand dollars ($10,000) aggregate for all authorized medical, hospital, and other services and treatment, including any amounts paid under subdivisions (1) and (2) of this section.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Ark. Code Ann. § 11-10-539 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-539
Extended benefits - Period and computations
Status: in_force

(a) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the Director of the Division of Workforce Services shall have published an appropriate notice in newspapers of general circulation in the state. (b) Whenever during a period when emergency unemployment compensation benefits are being paid under the Emergency Unemployment Compensation Act of 1991 or under any subsequent extension or reenactment thereof, the state "on" indicator, as defined in § 11-10-534 , triggers on a period of extended benefits, the Governor may elect not to implement the applicable state statutory provisions relative to unemployment compensation, including, but not limited to, §§ 11-10-534 - 11-10-543 , and to continue the payment of benefits under the Emergency Unemployment Compensation Act of 1991 to those individuals who have exhausted their entitlement to regular unemployment compensation under state law. (c) Computations required by the provisions of § 11-10-534(8) shall be made by the director in accordance with regulations prescribed by the United States Secretary of Labor. Amended by Act 2019, No. 910,§ 268, eff. 7/1/2019. Acts 1971, No. 35, § 21; 1983, No. 482, § 36; A.S.A. 1947, § 81-1124; Acts 1993, No. 6, § 12.

(a) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the Director of the Division of Workforce Services shall have published an appropriate notice in newspapers of general circulation in the state.

(b) Whenever during a period when emergency unemployment compensation benefits are being paid under the Emergency Unemployment Compensation Act of 1991 or under any subsequent extension or reenactment thereof, the state "on" indicator, as defined in § 11-10-534 , triggers on a period of extended benefits, the Governor may elect not to implement the applicable state statutory provisions relative to unemployment compensation, including, but not limited to, §§ 11-10-534 - 11-10-543 , and to continue the payment of benefits under the Emergency Unemployment Compensation Act of 1991 to those individuals who have exhausted their entitlement to regular unemployment compensation under state law.

(c) Computations required by the provisions of § 11-10-534(8) shall be made by the director in accordance with regulations prescribed by the United States Secretary of Labor.

Amended by Act 2019, No. 910,§ 268, eff. 7/1/2019.

Acts 1971, No. 35, § 21; 1983, No. 482, § 36; A.S.A. 1947, § 81-1124; Acts 1993, No. 6, § 12.
Ark. Code Ann. § 11-10-403 — AR Code / Title 11 / Chapter 10 / Subchapter 4 / Section 11-10-403
Election
Status: in_force

(a) (1) An employing unit, not otherwise subject to this chapter, which filed with the Director of the Division of Workforce Services its written election to become an employer subject hereto for not less than two (2) calendar years shall, with the written approval of the election by the director, become an employer subject hereto to the same extent as all other employers, as of the date stated in the approval. (2) That employing unit shall cease to be subject hereto as of January 1 of any calendar year subsequent to two (2) calendar years, only if during January of each year it has filed with the director a written notice to that effect. (b) (1) An employing unit, for which services that do not constitute employment, as defined in this chapter, are performed, may file with the director a written election that all services performed by individuals in its employ in one (1) or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than two (2) calendar years. (2) Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in the approval. (3) The services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two (2) calendar years, only if during January of such year the employing unit has filed with the director a written notice to that effect. Amended by Act 2019, No. 910,§ 230, eff. 7/1/2019. Acts 1941, No. 391, § 8; 1947, No. 398, § 8; A.S.A. 1947, § 81-1111; Acts 1991, No. 100, § 24.

(a) (1) An employing unit, not otherwise subject to this chapter, which filed with the Director of the Division of Workforce Services its written election to become an employer subject hereto for not less than two (2) calendar years shall, with the written approval of the election by the director, become an employer subject hereto to the same extent as all other employers, as of the date stated in the approval. (2) That employing unit shall cease to be subject hereto as of January 1 of any calendar year subsequent to two (2) calendar years, only if during January of each year it has filed with the director a written notice to that effect.

(1) An employing unit, not otherwise subject to this chapter, which filed with the Director of the Division of Workforce Services its written election to become an employer subject hereto for not less than two (2) calendar years shall, with the written approval of the election by the director, become an employer subject hereto to the same extent as all other employers, as of the date stated in the approval.

(2) That employing unit shall cease to be subject hereto as of January 1 of any calendar year subsequent to two (2) calendar years, only if during January of each year it has filed with the director a written notice to that effect.

(b) (1) An employing unit, for which services that do not constitute employment, as defined in this chapter, are performed, may file with the director a written election that all services performed by individuals in its employ in one (1) or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than two (2) calendar years. (2) Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in the approval. (3) The services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two (2) calendar years, only if during January of such year the employing unit has filed with the director a written notice to that effect.

(1) An employing unit, for which services that do not constitute employment, as defined in this chapter, are performed, may file with the director a written election that all services performed by individuals in its employ in one (1) or more distinct establishments or places of business shall be deemed to constitute employment for all the purposes of this chapter for not less than two (2) calendar years.

(2) Upon the written approval of the election by the director, such services shall be deemed to constitute employment subject to this chapter from and after the date stated in the approval.

(3) The services shall cease to be deemed employment subject hereto as of January 1 of any calendar year subsequent to such two (2) calendar years, only if during January of such year the employing unit has filed with the director a written notice to that effect.

Amended by Act 2019, No. 910,§ 230, eff. 7/1/2019.

Acts 1941, No. 391, § 8; 1947, No. 398, § 8; A.S.A. 1947, § 81-1111; Acts 1991, No. 100, § 24.
Ark. Code Ann. § 11-10-526 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-526
Claims - Administrative appeal - Procedure
Status: in_force

(a) (1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties. (2) In like manner as provided at § 11-10-307(a) for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter. (b) Hearings on appeals before an appeals tribunal or before the board shall not be held sooner than five (5) days from the date of the mailing of notice thereof to the parties to the appeal. (c) When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one (1) individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each claim may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one (1) proceeding considered as introduced in the others, provided that in the judgment of the examiner or tribunal having jurisdiction of the proceeding, consolidation would not be prejudicial to any party. (d) No person shall participate on behalf of the director or the board in any case in which he or she has a direct or indirect interest. (e) A record shall be kept of all testimony and proceedings before special examiners or in connection with an appeal, but the testimony need not be transcribed unless further review is initiated. (f) Witnesses subpoenaed pursuant to §§ 11-10-520 - 11-10-532 shall be allowed fees at a rate fixed by the director, and fees of witnesses subpoenaed on behalf of the director or any claimant shall be deemed part of the expense of administering this chapter. Amended by Act 2019, No. 315,§ 824, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 256, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 6; 1983, No. 482, § 24; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 19; 2009, No. 802, § 8.

(a) (1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties. (2) In like manner as provided at § 11-10-307(a) for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter.

(1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties.

(2) In like manner as provided at § 11-10-307(a) for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter.

(b) Hearings on appeals before an appeals tribunal or before the board shall not be held sooner than five (5) days from the date of the mailing of notice thereof to the parties to the appeal.

(c) When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one (1) individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each claim may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one (1) proceeding considered as introduced in the others, provided that in the judgment of the examiner or tribunal having jurisdiction of the proceeding, consolidation would not be prejudicial to any party.

(d) No person shall participate on behalf of the director or the board in any case in which he or she has a direct or indirect interest.

(e) A record shall be kept of all testimony and proceedings before special examiners or in connection with an appeal, but the testimony need not be transcribed unless further review is initiated.

(f) Witnesses subpoenaed pursuant to §§ 11-10-520 - 11-10-532 shall be allowed fees at a rate fixed by the director, and fees of witnesses subpoenaed on behalf of the director or any claimant shall be deemed part of the expense of administering this chapter.

Amended by Act 2019, No. 315,§ 824, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 256, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, § 6; 1983, No. 482, § 24; A.S.A. 1947, § 81-1107; Acts 1997, No. 234, § 19; 2009, No. 802, § 8.
Ark. Code Ann. § 11-5-104 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-104
Wet floors - Certain precautions required
Status: in_force

(a) In all establishments where any process is carried on which makes the floors wet, the floors shall be constructed and maintained with due regard for the health of the employees. (b) Gratings or dry standing room shall be provided wherever practicable at points where employees are regularly stationed. (c) Adequate means shall be provided for drainage and for the prevention of leakage or seepage to lower floors. Acts 1937, No. 323, § 3; Pope's Dig., § 6471; A.S.A. 1947, § 81-403.

(a) In all establishments where any process is carried on which makes the floors wet, the floors shall be constructed and maintained with due regard for the health of the employees.

(b) Gratings or dry standing room shall be provided wherever practicable at points where employees are regularly stationed.

(c) Adequate means shall be provided for drainage and for the prevention of leakage or seepage to lower floors.

Acts 1937, No. 323, § 3; Pope's Dig., § 6471; A.S.A. 1947, § 81-403.
Ark. Code Ann. § 11-7-308 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-308
Bore holes
Status: in_force

The owner, agent, or operator shall provide that a bore hole shall be kept twenty feet (20') in advance of the face of each and every working face and at a forty-five degree (45°) angle at intervals of eight feet (8') on each rib of the working face when driving toward an abandoned mine or parts of a mine suspected of containing inflammable gases or of being inundated with water. Acts 1893, No. 125, § 5, p. 213; C. & M. Dig., § 7264; Pope's Dig., § 9320; Acts 1949, No. 268, § 3; A.S.A. 1947, § 52-606.

The owner, agent, or operator shall provide that a bore hole shall be kept twenty feet (20') in advance of the face of each and every working face and at a forty-five degree (45°) angle at intervals of eight feet (8') on each rib of the working face when driving toward an abandoned mine or parts of a mine suspected of containing inflammable gases or of being inundated with water.

Acts 1893, No. 125, § 5, p. 213; C. & M. Dig., § 7264; Pope's Dig., § 9320; Acts 1949, No. 268, § 3; A.S.A. 1947, § 52-606.
Ark. Code Ann. § 11-9-403 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-403
Waiver of exclusion or exemption
Status: in_force

(a) Any employer carrying on any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer may elect by giving notice of waiver of the exemptions or exceptions as provided in subsection (b) of this section. (b) Notice of waiver of exclusion or exemption referred to in subsection (a) of this section shall be given in accordance with the following provisions: (1) Every employer who waives the exclusion or exemption shall post, and keep posted, in and about the employer's place of business typewritten or printed notices to that effect in accordance with a form to be prescribed by the Workers' Compensation Commission, and the employer shall file a duplicate of the notice with the commission. (2) The notice shall be given at least thirty (30) days prior to any injury. However, if the injury occurs less than thirty (30) days after the date of employment, the notice, if given at the time of employment, shall be sufficient notice. Init. Meas. 1948, No. 4, §§ 7, 8, Acts 1949, p. 1420; A.S.A. 1947, §§ 81-1307, 81-1308.

(a) Any employer carrying on any exempted or excepted employment may at any time waive the exemptions or exceptions as to any employee or all employees engaged in the employment as the employer may elect by giving notice of waiver of the exemptions or exceptions as provided in subsection (b) of this section.

(b) Notice of waiver of exclusion or exemption referred to in subsection (a) of this section shall be given in accordance with the following provisions: (1) Every employer who waives the exclusion or exemption shall post, and keep posted, in and about the employer's place of business typewritten or printed notices to that effect in accordance with a form to be prescribed by the Workers' Compensation Commission, and the employer shall file a duplicate of the notice with the commission. (2) The notice shall be given at least thirty (30) days prior to any injury. However, if the injury occurs less than thirty (30) days after the date of employment, the notice, if given at the time of employment, shall be sufficient notice.

(1) Every employer who waives the exclusion or exemption shall post, and keep posted, in and about the employer's place of business typewritten or printed notices to that effect in accordance with a form to be prescribed by the Workers' Compensation Commission, and the employer shall file a duplicate of the notice with the commission.

(2) The notice shall be given at least thirty (30) days prior to any injury. However, if the injury occurs less than thirty (30) days after the date of employment, the notice, if given at the time of employment, shall be sufficient notice.

Init. Meas. 1948, No. 4, §§ 7, 8, Acts 1949, p. 1420; A.S.A. 1947, §§ 81-1307, 81-1308.
Ark. Code Ann. § 11-7-304 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-304
Mine openings and escapeways
Status: in_force

(a) (1) Every underground mine shall have at least two (2) separate surface openings. (2) Main slope and drift openings shall be separated by at least twenty-five feet (25') of natural ground in all mines opened after June 9, 1949. (3) New shafts and partitions therein, made after June 9, 1949, shall be fireproof. (4) Buntons and guides may be of wood. (5) Mine openings at isolated locations, where there is danger of fire entering the mine, shall have adequate protection against surface fires entering the mine. (b) Not more than twenty (20) persons shall be allowed at any one (1) time in the mine until a connection has been made between the two (2) mine openings, and work shall be prosecuted with reasonable diligence. When only one (1) opening is available, owing to final mining of pillars, not more than twenty (20) persons shall be allowed in the mine at any one (1) time. (c) (1) There shall be at least two (2) travelable passageways, to be designated as "escapeways", from each working section to the surface, whether the mine openings are shafts, slopes, or drift. These shall be kept in safe condition for travel and reasonably free from standing water and other obstructions. (2) One (1) of the designated escapeways may be the haulage road. (3) One (1) of the escapeways must be ventilated with intake air. (4) At mines now operating with only one (1) free passageway to the surface, immediate action shall be taken to provide a second passageway. (d) (1) Where the designated escapeways are shafts, they shall be equipped with hoist and cage or with travelable stairways or ladders. (2) No shaft more than thirty feet (30') deep, sunk after June 9, 1949, shall be equipped with ladders. (3) (A) Stairways shall be of substantial construction, set at an angle not greater than forty-five degrees (45°) with the horizontal, and equipped on at least one (1) side with a suitable handrail. (B) Landing platforms shall be at least two feet (2') wide and four feet (4') long and shall be railed properly. (4) Ladders shall be anchored securely. (5) Where ladders or stairways set at an angle greater than forty-five degrees (45°) are now installed, their use may be continued, provided that they are of substantial construction, with platforms at intervals of not more than thirty feet (30') and equipped with a handrail in the case of stairways. (e) (1) If a designated escapeway is a slope of not more than forty-five degrees (45°), it shall be equipped with a stairway or adequate walkway with cleats. (2) If the slope is more than forty-five degrees (45°), stairways shall be installed. (f) Direction signs shall be posted conspicuously to indicate manways and designated escapeways. (g) Good housekeeping shall be practiced underground. Acts 1893, No. 125, § 3, p. 213; C. & M. Dig., § 7262; Pope's Dig., § 9318; Acts 1949, No. 268, § 1; A.S.A. 1947, § 52-603.

(a) (1) Every underground mine shall have at least two (2) separate surface openings. (2) Main slope and drift openings shall be separated by at least twenty-five feet (25') of natural ground in all mines opened after June 9, 1949. (3) New shafts and partitions therein, made after June 9, 1949, shall be fireproof. (4) Buntons and guides may be of wood. (5) Mine openings at isolated locations, where there is danger of fire entering the mine, shall have adequate protection against surface fires entering the mine.

(1) Every underground mine shall have at least two (2) separate surface openings.

(2) Main slope and drift openings shall be separated by at least twenty-five feet (25') of natural ground in all mines opened after June 9, 1949.

(3) New shafts and partitions therein, made after June 9, 1949, shall be fireproof.

(4) Buntons and guides may be of wood.

(5) Mine openings at isolated locations, where there is danger of fire entering the mine, shall have adequate protection against surface fires entering the mine.

(b) Not more than twenty (20) persons shall be allowed at any one (1) time in the mine until a connection has been made between the two (2) mine openings, and work shall be prosecuted with reasonable diligence. When only one (1) opening is available, owing to final mining of pillars, not more than twenty (20) persons shall be allowed in the mine at any one (1) time.

(c) (1) There shall be at least two (2) travelable passageways, to be designated as "escapeways", from each working section to the surface, whether the mine openings are shafts, slopes, or drift. These shall be kept in safe condition for travel and reasonably free from standing water and other obstructions. (2) One (1) of the designated escapeways may be the haulage road. (3) One (1) of the escapeways must be ventilated with intake air. (4) At mines now operating with only one (1) free passageway to the surface, immediate action shall be taken to provide a second passageway.

(1) There shall be at least two (2) travelable passageways, to be designated as "escapeways", from each working section to the surface, whether the mine openings are shafts, slopes, or drift. These shall be kept in safe condition for travel and reasonably free from standing water and other obstructions.

(2) One (1) of the designated escapeways may be the haulage road.

(3) One (1) of the escapeways must be ventilated with intake air.

(4) At mines now operating with only one (1) free passageway to the surface, immediate action shall be taken to provide a second passageway.

(d) (1) Where the designated escapeways are shafts, they shall be equipped with hoist and cage or with travelable stairways or ladders. (2) No shaft more than thirty feet (30') deep, sunk after June 9, 1949, shall be equipped with ladders. (3) (A) Stairways shall be of substantial construction, set at an angle not greater than forty-five degrees (45°) with the horizontal, and equipped on at least one (1) side with a suitable handrail. (B) Landing platforms shall be at least two feet (2') wide and four feet (4') long and shall be railed properly. (4) Ladders shall be anchored securely. (5) Where ladders or stairways set at an angle greater than forty-five degrees (45°) are now installed, their use may be continued, provided that they are of substantial construction, with platforms at intervals of not more than thirty feet (30') and equipped with a handrail in the case of stairways.

(1) Where the designated escapeways are shafts, they shall be equipped with hoist and cage or with travelable stairways or ladders.

(2) No shaft more than thirty feet (30') deep, sunk after June 9, 1949, shall be equipped with ladders.

(3) (A) Stairways shall be of substantial construction, set at an angle not greater than forty-five degrees (45°) with the horizontal, and equipped on at least one (1) side with a suitable handrail. (B) Landing platforms shall be at least two feet (2') wide and four feet (4') long and shall be railed properly.

(A) Stairways shall be of substantial construction, set at an angle not greater than forty-five degrees (45°) with the horizontal, and equipped on at least one (1) side with a suitable handrail.

(B) Landing platforms shall be at least two feet (2') wide and four feet (4') long and shall be railed properly.

(4) Ladders shall be anchored securely.

(5) Where ladders or stairways set at an angle greater than forty-five degrees (45°) are now installed, their use may be continued, provided that they are of substantial construction, with platforms at intervals of not more than thirty feet (30') and equipped with a handrail in the case of stairways.

(e) (1) If a designated escapeway is a slope of not more than forty-five degrees (45°), it shall be equipped with a stairway or adequate walkway with cleats. (2) If the slope is more than forty-five degrees (45°), stairways shall be installed.

(1) If a designated escapeway is a slope of not more than forty-five degrees (45°), it shall be equipped with a stairway or adequate walkway with cleats.

(2) If the slope is more than forty-five degrees (45°), stairways shall be installed.

(f) Direction signs shall be posted conspicuously to indicate manways and designated escapeways.

(g) Good housekeeping shall be practiced underground.

Acts 1893, No. 125, § 3, p. 213; C. & M. Dig., § 7262; Pope's Dig., § 9318; Acts 1949, No. 268, § 1; A.S.A. 1947, § 52-603.
Ark. Code Ann. § 11-2-106 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-106
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 5282, eff. 7/1/2019. Acts 1937, No. 161, §§ 2, 5; Pope's Dig., §§ 8498, 8501; Acts 1941, No. 112, § 1; A.S.A. 1947, §§ 81-102, 81-105.

Repealed by Act 2019, No. 910,§ 5282, eff. 7/1/2019.

Acts 1937, No. 161, §§ 2, 5; Pope's Dig., §§ 8498, 8501; Acts 1941, No. 112, § 1; A.S.A. 1947, §§ 81-102, 81-105.