Ark. Code Ann. § 11-9-301 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-301
Funds established
Status: in_force

(a) There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds: (1) The "Workers' Compensation Fund"; (2) The "Second Injury Trust Fund"; and (3) The "Death and Permanent Total Disability Trust Fund". (b) Except for funds transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction of, the Workers' Compensation Commission. (c) All funds established pursuant to this section shall be administered, disbursed, and invested under the direction of the commission. (d) All incomes derived through investment of the Workers' Compensation Fund, the Second Injury Trust Fund, and the Death and Permanent Total Disability Trust Fund shall be credited, as investment income, to the fund that participated in the investment. For the purpose of investment, Workers' Compensation Fund moneys shall be invested in accordance with the State Treasury Management Law, § 19-3-501 et seq. (e) Except for moneys transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, all moneys deposited to the aforementioned funds shall not be subject to any deduction, tax, levy, or any other type of assessment. (f) If, on or after July 1, 1983, the balance in the Second Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Second Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments. In no event shall there be any reverter of responsibility to the employer or carrier on or after July 1, 1983. (g) (1) Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section. (2) The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1981, No. 290, § 13; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, §§ 1, 2; 1997, No. 1179, § 8.

(a) There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds: (1) The "Workers' Compensation Fund"; (2) The "Second Injury Trust Fund"; and (3) The "Death and Permanent Total Disability Trust Fund".

(1) The "Workers' Compensation Fund";

(2) The "Second Injury Trust Fund"; and

(3) The "Death and Permanent Total Disability Trust Fund".

(b) Except for funds transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction of, the Workers' Compensation Commission.

(c) All funds established pursuant to this section shall be administered, disbursed, and invested under the direction of the commission.

(d) All incomes derived through investment of the Workers' Compensation Fund, the Second Injury Trust Fund, and the Death and Permanent Total Disability Trust Fund shall be credited, as investment income, to the fund that participated in the investment. For the purpose of investment, Workers' Compensation Fund moneys shall be invested in accordance with the State Treasury Management Law, § 19-3-501 et seq.

(e) Except for moneys transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, all moneys deposited to the aforementioned funds shall not be subject to any deduction, tax, levy, or any other type of assessment.

(f) If, on or after July 1, 1983, the balance in the Second Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Second Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments. In no event shall there be any reverter of responsibility to the employer or carrier on or after July 1, 1983.

(g) (1) Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section. (2) The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund.

(1) Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section.

(2) The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund.

Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1979, No. 253, § 10; 1981, No. 290, § 13; 1983, No. 393, § 1; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, §§ 1, 2; 1997, No. 1179, § 8.
Ark. Code Ann. § 11-5-117 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-117
Possession of firearm in private employer parking lot - Definition
Status: in_force

(a) (1) As used in this section, "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles. (2) (A) "Parking lot" does not include a parking lot owned, maintained or otherwise controlled by the Department of Corrections or an entity contracting with a division of the department to provide work release or post-incarceration housing services. (B) The department will notify annually any entity subject to this provision of its applicability. (b) A private employer shall not prohibit an employee from transporting or storing a legally owned firearm in the employee's private motor vehicle in the private employer's parking lot when the firearm is: (1) Lawfully possessed; and (2) Stored out of sight inside a locked private motor vehicle. (c) A private employer shall not prohibit or attempt to prevent an employee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a firearm if the firearm is: (1) Kept for lawful purposes; and (2) Stored out of sight inside a locked private motor vehicle. (d) An employer has the right to: (1) Prohibit a person who is not an employee from storing a firearm in an employee's motor vehicle in the private employer's parking lot; and (2) Prohibit an employee entering the private employer's place of business or parking lot because the employee's private motor vehicle contains a firearm in the following circumstances: (A) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; (B) The private employer reasonably believes that the employee is in illegal possession of the firearm; (C) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, unless the employee is required to transport or store a firearm as part of the employee's duties; (D) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a firearm; (E) The employee is the subject of an active or pending employment disciplinary proceeding; or (F) The employee has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect. (e) This section does not prevent a private employer from prohibiting a person who fails to transport or store the firearm in accordance with subsection (b) of this section from transporting or storing a firearm in the private employer's parking lot or from entering the private employer's place of business or the private employer's parking lot. (f) A former employee who possesses a firearm in his or her private motor vehicle under this section is not criminally liable for possessing the firearm in his or her private motor vehicle in his or her former private employer's parking lot while the former employee is physically leaving the private employer's parking lot immediately following his or her termination or other reason for ceasing employment with the former private employer. Added by Act 2021, No. 809,§ 3, eff. 7/28/2021.

(a) (1) As used in this section, "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles. (2) (A) "Parking lot" does not include a parking lot owned, maintained or otherwise controlled by the Department of Corrections or an entity contracting with a division of the department to provide work release or post-incarceration housing services. (B) The department will notify annually any entity subject to this provision of its applicability.

(1) As used in this section, "parking lot" means a designated area or structure or part of a structure intended for the parking of motor vehicles.

(2) (A) "Parking lot" does not include a parking lot owned, maintained or otherwise controlled by the Department of Corrections or an entity contracting with a division of the department to provide work release or post-incarceration housing services. (B) The department will notify annually any entity subject to this provision of its applicability.

(A) "Parking lot" does not include a parking lot owned, maintained or otherwise controlled by the Department of Corrections or an entity contracting with a division of the department to provide work release or post-incarceration housing services.

(B) The department will notify annually any entity subject to this provision of its applicability.

(b) A private employer shall not prohibit an employee from transporting or storing a legally owned firearm in the employee's private motor vehicle in the private employer's parking lot when the firearm is: (1) Lawfully possessed; and (2) Stored out of sight inside a locked private motor vehicle.

(1) Lawfully possessed; and

(2) Stored out of sight inside a locked private motor vehicle.

(c) A private employer shall not prohibit or attempt to prevent an employee from entering the parking lot of the private employer's place of business because the employee's private motor vehicle contains a firearm if the firearm is: (1) Kept for lawful purposes; and (2) Stored out of sight inside a locked private motor vehicle.

(1) Kept for lawful purposes; and

(2) Stored out of sight inside a locked private motor vehicle.

(d) An employer has the right to: (1) Prohibit a person who is not an employee from storing a firearm in an employee's motor vehicle in the private employer's parking lot; and (2) Prohibit an employee entering the private employer's place of business or parking lot because the employee's private motor vehicle contains a firearm in the following circumstances: (A) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; (B) The private employer reasonably believes that the employee is in illegal possession of the firearm; (C) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, unless the employee is required to transport or store a firearm as part of the employee's duties; (D) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a firearm; (E) The employee is the subject of an active or pending employment disciplinary proceeding; or (F) The employee has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect.

(1) Prohibit a person who is not an employee from storing a firearm in an employee's motor vehicle in the private employer's parking lot; and

(2) Prohibit an employee entering the private employer's place of business or parking lot because the employee's private motor vehicle contains a firearm in the following circumstances: (A) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence; (B) The private employer reasonably believes that the employee is in illegal possession of the firearm; (C) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, unless the employee is required to transport or store a firearm as part of the employee's duties; (D) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a firearm; (E) The employee is the subject of an active or pending employment disciplinary proceeding; or (F) The employee has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect.

(A) The parking lot is on the grounds of an owner-occupied single-family detached residence or a tenant-occupied single-family detached residence and the single-family detached residence or tenant-occupied single-family detached residence is being used as a residence;

(B) The private employer reasonably believes that the employee is in illegal possession of the firearm;

(C) The employee is operating a private employer-owned motor vehicle during and in the course of the employee's duties on behalf of the private employer, unless the employee is required to transport or store a firearm as part of the employee's duties;

(D) The private motor vehicle is not permitted in the parking lot for reasons unrelated to the employee's transportation, storage, or possession of a firearm;

(E) The employee is the subject of an active or pending employment disciplinary proceeding; or

(F) The employee has been adjudicated mentally incompetent or not guilty in a legal proceeding by reason of mental disease or defect.

(e) This section does not prevent a private employer from prohibiting a person who fails to transport or store the firearm in accordance with subsection (b) of this section from transporting or storing a firearm in the private employer's parking lot or from entering the private employer's place of business or the private employer's parking lot.

(f) A former employee who possesses a firearm in his or her private motor vehicle under this section is not criminally liable for possessing the firearm in his or her private motor vehicle in his or her former private employer's parking lot while the former employee is physically leaving the private employer's parking lot immediately following his or her termination or other reason for ceasing employment with the former private employer.

Added by Act 2021, No. 809,§ 3, eff. 7/28/2021.
Ark. Code Ann. § 11-10-533 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-533
Claims - Investigation of claims filed by state employees
Status: in_force

(a) The Division of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of the benefits. (b) The investigation shall result in a determination of the eligibility of the employee for payment of benefits. Amended by Act 2019, No. 910,§ 264, eff. 7/1/2019. Acts 1977, No. 925, § 3; 1991, No. 100, § 33.

(a) The Division of Workforce Services shall investigate all claims for benefits filed by state employees whether or not the employing state agency lodges a protest to the payment of the benefits.

(b) The investigation shall result in a determination of the eligibility of the employee for payment of benefits.

Amended by Act 2019, No. 910,§ 264, eff. 7/1/2019.

Acts 1977, No. 925, § 3; 1991, No. 100, § 33.
Ark. Code Ann. § 11-2-102 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-102
Definitions
Status: in_force

When used in this subchapter, unless the context otherwise requires: (1) (A) "Employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee. (B) However, this subchapter shall not affect any employer engaged exclusively in farming operations, nor shall it affect employers employing fewer than five (5) persons; and (2) "Safe" or "safety" as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees or the public. Acts 1937, No. 161, §§ 1, 9; Pope's Dig., §§ 8497, 8505; A.S.A. 1947, §§ 81-101, 81-108.

When used in this subchapter, unless the context otherwise requires:

(1) (A) "Employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee. (B) However, this subchapter shall not affect any employer engaged exclusively in farming operations, nor shall it affect employers employing fewer than five (5) persons; and

(A) "Employer" includes every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee.

(B) However, this subchapter shall not affect any employer engaged exclusively in farming operations, nor shall it affect employers employing fewer than five (5) persons; and

(2) "Safe" or "safety" as applied to any employment or place of employment shall include conditions and methods of sanitation and hygiene reasonably necessary for the protection of the life, health, safety, and welfare of employees or the public.

Acts 1937, No. 161, §§ 1, 9; Pope's Dig., §§ 8497, 8505; A.S.A. 1947, §§ 81-101, 81-108.
Ark. Code Ann. § 11-12-101 — AR Code / Title 11 / Chapter 12 / Section 11-12-101
Purpose
Status: in_force

The General Assembly finds that the employment of minor children in the entertainment industry is necessary to create realistic theatrical, motion picture, radio, and television productions and to promote industry and economic growth. The purpose of this chapter is to provide minor children and the community with opportunities in the entertainment industry not heretofore provided. Acts 1987, No. 647, § 1.

The General Assembly finds that the employment of minor children in the entertainment industry is necessary to create realistic theatrical, motion picture, radio, and television productions and to promote industry and economic growth. The purpose of this chapter is to provide minor children and the community with opportunities in the entertainment industry not heretofore provided.

Acts 1987, No. 647, § 1.
Ark. Code Ann. § 11-7-302 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-302
Right of action for death or injury
Status: in_force

(a) For any injury to persons or property occasioned by willful violation of this chapter or willful failure to comply with any of its provisions, a right of action shall accrue to any party injured for any direct damages sustained thereby. (b) Should death ensue from any injury, a cause of action shall survive in favor first of the widow and minor children of the deceased, and if there is no widow nor minor children, then in favor of the father, then the mother, and then the brothers and sisters and their descendants. Acts 1893, No. 125, § 12, p. 213; 1905, No. 225, § 4, p. 567; C. & M. Dig., § 7269; Pope's Dig., § 9325; A.S.A. 1947, § 52-618.

(a) For any injury to persons or property occasioned by willful violation of this chapter or willful failure to comply with any of its provisions, a right of action shall accrue to any party injured for any direct damages sustained thereby.

(b) Should death ensue from any injury, a cause of action shall survive in favor first of the widow and minor children of the deceased, and if there is no widow nor minor children, then in favor of the father, then the mother, and then the brothers and sisters and their descendants.

Acts 1893, No. 125, § 12, p. 213; 1905, No. 225, § 4, p. 567; C. & M. Dig., § 7269; Pope's Dig., § 9325; A.S.A. 1947, § 52-618.
Ark. Code Ann. § 11-9-305 — AR Code / Title 11 / Chapter 9 / Subchapter 3 / Section 11-9-305
Payment of tax by public employer
Status: in_force

(a) (1) (A) The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under § 11-9-303 if the public employer were insured by a carrier. (B) 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%). (2) (A) The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division. (B) In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question. (3) The tax collected shall be deposited in and paid to the commission from the Workers' Compensation Revolving Fund and miscellaneous revolving funds. (b) (1) In the event that any public employer whose workers' compensation claims are administered by the division fails to cooperate in furnishing information upon which the tax will be computed or fails to pay the tax within thirty (30) days of the date provided in § 11-9-306 , the commission shall notify the Director of the Public Employee Claims Division of the failure, and the commission shall decertify the public employer from participation in the state's workers' compensation program. (2) In the event of decertification, the public employer shall obtain its employer's workers' compensation liability coverage from the private market and shall not be entitled to participate in the state's workers' compensation program for a period of one (1) year thereafter. (c) The procedure for decertification shall be the same as for the revocation or termination of the self-insurer privilege. Amended by Act 2016EX3, No. 5,§ 3, eff. 8/22/2016. Amended by Act 2016EX3, No. 4,§ 3, eff. 8/22/2016. Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1983, No. 393, § 1; 1985, No. 98, § 10; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 4; 1993, No. 1318, § 12; 2005, No. 505, § 2.

(a) (1) (A) The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under § 11-9-303 if the public employer were insured by a carrier. (B) 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%). (2) (A) The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division. (B) In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question. (3) The tax collected shall be deposited in and paid to the commission from the Workers' Compensation Revolving Fund and miscellaneous revolving funds.

(1) (A) The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under § 11-9-303 if the public employer were insured by a carrier. (B) 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%).

(A) The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under § 11-9-303 if the public employer were insured by a carrier.

(B) 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%).

(2) (A) The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division. (B) In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question.

(A) The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division.

(B) In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question.

(3) The tax collected shall be deposited in and paid to the commission from the Workers' Compensation Revolving Fund and miscellaneous revolving funds.

(b) (1) In the event that any public employer whose workers' compensation claims are administered by the division fails to cooperate in furnishing information upon which the tax will be computed or fails to pay the tax within thirty (30) days of the date provided in § 11-9-306 , the commission shall notify the Director of the Public Employee Claims Division of the failure, and the commission shall decertify the public employer from participation in the state's workers' compensation program. (2) In the event of decertification, the public employer shall obtain its employer's workers' compensation liability coverage from the private market and shall not be entitled to participate in the state's workers' compensation program for a period of one (1) year thereafter.

(1) In the event that any public employer whose workers' compensation claims are administered by the division fails to cooperate in furnishing information upon which the tax will be computed or fails to pay the tax within thirty (30) days of the date provided in § 11-9-306 , the commission shall notify the Director of the Public Employee Claims Division of the failure, and the commission shall decertify the public employer from participation in the state's workers' compensation program.

(2) In the event of decertification, the public employer shall obtain its employer's workers' compensation liability coverage from the private market and shall not be entitled to participate in the state's workers' compensation program for a period of one (1) year thereafter.

(c) The procedure for decertification shall be the same as for the revocation or termination of the self-insurer privilege.

Amended by Act 2016EX3, No. 5,§ 3, eff. 8/22/2016.

Amended by Act 2016EX3, No. 4,§ 3, eff. 8/22/2016.

Init. Meas. 1948, No. 4, § 47, Acts 1949, p. 1420; Acts 1983, No. 393, § 1; 1985, No. 98, § 10; A.S.A. 1947, § 81-1348; Acts 1989 (3rd Ex. Sess.), No. 22, § 4; 1993, No. 1318, § 12; 2005, No. 505, § 2.
Ark. Code Ann. § 11-5-501 — AR Code / Title 11 / Chapter 5 / Subchapter 5 / Section 11-5-501
Microchip implantation of employees - Definitions
Status: in_force

(a) As used in this section: (1) "Employee" means a person who: (A) Is employed by an employer; or (B) Contracts to perform certain work away from an employer's premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of performed work; (2) "Employer" means: (A) An individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; or (B) A person or a group that acts directly or indirectly in the interest of or in relation to an individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; and (3) "Microchip" means technology that: (A) Is designed to be implanted in the body of an individual; and (B) Contains a unique identification number or personal information that can be noninvasively retrieved or transmitted with an external scanning device. (b) An employer shall not ask on an application for employment or inquire during an interview if a prospective employee will consent to having a microchip implanted in his or her body. (c) An employer shall not require an employee to have a microchip implanted in the employee's body as a condition of employment. (d) An employer shall provide reasonable accommodations for an employee who does not consent to having a microchip implanted in his or her body. (e) (1) An employer shall not: (A) Coerce an employee into consenting to have a microchip implanted in his or her body; (B) Create a hostile work environment for an employee who does not consent to having a microchip implanted in his or her body; (C) Withhold advancement within the company from an employee who does not consent to having a microchip implanted in his or her body; (D) Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his or her body; or (E) Dismiss an employee based on the decision of the employee not to consent to having a microchip implanted in his or her body. (2) For the purposes of subdivision (e)(1) of this section, "coerce" means: (A) The use of physical violence, a threat, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; (B) The conditioning of a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or (C) The use of any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not. (f) (1) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent. (2) (A) An employee may request the removal of the microchip at any time. (B) If an employee requests the removal of the microchip, the microchip implant shall be removed within thirty (30) days of the employee's request. (g) If an employee receives a microchip implant at the request of an employer, the employer shall: (1) Pay all the costs associated with implanting and removing the microchip; (2) Pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body; and (3) Disclose to the employee: (A) The data that will be maintained on the microchip; and (B) How the data that is maintained on the microchip will be used by the employer. (h) (1) If an employee is terminated from employment, the microchip implant shall be removed from the employee's body within thirty (30) days of the employee's termination. (2) (A) An employee may elect to retain an implanted microchip after the termination of the employee's employment. (B) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (g) of this section shall not apply. (i) This section does not prohibit an employer from using alternative noninvasive technology that is intended to track the movement of an employee. Added by Act 2019, No. 516,§ 1, eff. 7/24/2019.

(a) As used in this section: (1) "Employee" means a person who: (A) Is employed by an employer; or (B) Contracts to perform certain work away from an employer's premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of performed work; (2) "Employer" means: (A) An individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; or (B) A person or a group that acts directly or indirectly in the interest of or in relation to an individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; and (3) "Microchip" means technology that: (A) Is designed to be implanted in the body of an individual; and (B) Contains a unique identification number or personal information that can be noninvasively retrieved or transmitted with an external scanning device.

(1) "Employee" means a person who: (A) Is employed by an employer; or (B) Contracts to perform certain work away from an employer's premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of performed work;

(A) Is employed by an employer; or

(B) Contracts to perform certain work away from an employer's premises, uses his or her own methods to accomplish the work, and is subject to the control of the employer only as to the results of performed work;

(2) "Employer" means: (A) An individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; or (B) A person or a group that acts directly or indirectly in the interest of or in relation to an individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; and

(A) An individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; or

(B) A person or a group that acts directly or indirectly in the interest of or in relation to an individual, partnership, association, corporation, commercial entity, this state, or a political subdivision of the state; and

(3) "Microchip" means technology that: (A) Is designed to be implanted in the body of an individual; and (B) Contains a unique identification number or personal information that can be noninvasively retrieved or transmitted with an external scanning device.

(A) Is designed to be implanted in the body of an individual; and

(B) Contains a unique identification number or personal information that can be noninvasively retrieved or transmitted with an external scanning device.

(b) An employer shall not ask on an application for employment or inquire during an interview if a prospective employee will consent to having a microchip implanted in his or her body.

(c) An employer shall not require an employee to have a microchip implanted in the employee's body as a condition of employment.

(d) An employer shall provide reasonable accommodations for an employee who does not consent to having a microchip implanted in his or her body.

(e) (1) An employer shall not: (A) Coerce an employee into consenting to have a microchip implanted in his or her body; (B) Create a hostile work environment for an employee who does not consent to having a microchip implanted in his or her body; (C) Withhold advancement within the company from an employee who does not consent to having a microchip implanted in his or her body; (D) Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his or her body; or (E) Dismiss an employee based on the decision of the employee not to consent to having a microchip implanted in his or her body. (2) For the purposes of subdivision (e)(1) of this section, "coerce" means: (A) The use of physical violence, a threat, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; (B) The conditioning of a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or (C) The use of any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(1) An employer shall not: (A) Coerce an employee into consenting to have a microchip implanted in his or her body; (B) Create a hostile work environment for an employee who does not consent to having a microchip implanted in his or her body; (C) Withhold advancement within the company from an employee who does not consent to having a microchip implanted in his or her body; (D) Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his or her body; or (E) Dismiss an employee based on the decision of the employee not to consent to having a microchip implanted in his or her body.

(A) Coerce an employee into consenting to have a microchip implanted in his or her body;

(B) Create a hostile work environment for an employee who does not consent to having a microchip implanted in his or her body;

(C) Withhold advancement within the company from an employee who does not consent to having a microchip implanted in his or her body;

(D) Withhold a salary or wage increase from an employee who does not consent to having a microchip implanted in his or her body; or

(E) Dismiss an employee based on the decision of the employee not to consent to having a microchip implanted in his or her body.

(2) For the purposes of subdivision (e)(1) of this section, "coerce" means: (A) The use of physical violence, a threat, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; (B) The conditioning of a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or (C) The use of any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(A) The use of physical violence, a threat, intimidation, or retaliation with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not;

(B) The conditioning of a private or public benefit, including without limitation employment, promotion, or another employment benefit, with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not; or

(C) The use of any other means with the purpose of causing a reasonable individual of ordinary susceptibilities to acquiesce when the individual otherwise would not.

(f) (1) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent. (2) (A) An employee may request the removal of the microchip at any time. (B) If an employee requests the removal of the microchip, the microchip implant shall be removed within thirty (30) days of the employee's request.

(1) A microchip may be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent.

(2) (A) An employee may request the removal of the microchip at any time. (B) If an employee requests the removal of the microchip, the microchip implant shall be removed within thirty (30) days of the employee's request.

(A) An employee may request the removal of the microchip at any time.

(B) If an employee requests the removal of the microchip, the microchip implant shall be removed within thirty (30) days of the employee's request.

(g) If an employee receives a microchip implant at the request of an employer, the employer shall: (1) Pay all the costs associated with implanting and removing the microchip; (2) Pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body; and (3) Disclose to the employee: (A) The data that will be maintained on the microchip; and (B) How the data that is maintained on the microchip will be used by the employer.

(1) Pay all the costs associated with implanting and removing the microchip;

(2) Pay all the medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation of the microchip or the presence of the microchip in the employee's body; and

(3) Disclose to the employee: (A) The data that will be maintained on the microchip; and (B) How the data that is maintained on the microchip will be used by the employer.

(A) The data that will be maintained on the microchip; and

(B) How the data that is maintained on the microchip will be used by the employer.

(h) (1) If an employee is terminated from employment, the microchip implant shall be removed from the employee's body within thirty (30) days of the employee's termination. (2) (A) An employee may elect to retain an implanted microchip after the termination of the employee's employment. (B) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (g) of this section shall not apply.

(1) If an employee is terminated from employment, the microchip implant shall be removed from the employee's body within thirty (30) days of the employee's termination.

(2) (A) An employee may elect to retain an implanted microchip after the termination of the employee's employment. (B) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (g) of this section shall not apply.

(A) An employee may elect to retain an implanted microchip after the termination of the employee's employment.

(B) If an employee elects to retain an implanted microchip after termination of employment, the employee assumes responsibility for all costs associated with the microchip, and subsection (g) of this section shall not apply.

(i) This section does not prohibit an employer from using alternative noninvasive technology that is intended to track the movement of an employee.

Added by Act 2019, No. 516,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 11-10-902 — AR Code / Title 11 / Chapter 10 / Subchapter 9 / Section 11-10-902
Reporting requirements - Enforcement of child support obligations - Confidentiality - Definitions
Status: in_force

(a) As used in this section: (1) "Administrator" means the administrator of the State New Hire Registry; (2) "Employee" means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code of 1986 but does not include an employee of a federal or state agency performing intelligence or counterintelligence operations if the head of the agency has determined that reporting pursuant to subsection (b) of this section could endanger the safety of the employee or could compromise an ongoing operation or investigation; (3) "Employer" means an employer as that term is defined in section 3401(d) of the Internal Revenue Code of 1986 and includes any labor organization and any governmental entity; and (4) "Labor organization" means a labor organization as that term is defined in section 2(5) of the National Labor Relations Act and includes any entity, sometimes known as a "hiring hall", that is used by the labor organization and an employer to carry out the requirements listed in section 8(f)(3) of the federal act of an agreement between the organization and the employer. (b) (1) The administrator shall compile an automated state registry of newly hired and returning employees. (2) An employer shall report electronically or in any manner authorized by the Division of Workforce Services for inclusion in the State New Hire Registry whenever an employee: (A) Is newly hired; or (B) If the individual was previously employed by the employer but has been separated from the previous employment for at least sixty (60) consecutive days, returns to work. (3) An employer shall include in each report: (A) The name, address, and Social Security number of the employee and the date the employee began performing services for the employer; and (B) The name, address, and federal taxpayer identification number of the employer. (4) (A) An employer shall make the report by submitting a copy of Internal Revenue Service Form W-4 for the employee or an equivalent form. (B) (i) An employer may transmit the report by first class mail, magnetically, or electronically. (ii) If an employer makes the report by mail, the reporting date is that of the postmark. (C) The report shall be received not later than twenty (20) days after the date the employer hires the employee or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) days nor more than sixteen (16) days apart. (5) (A) An employer that has employees employed in two (2) or more states and transmits reports magnetically or electronically may comply with the reporting requirements of this section by designating one (1) state in which the employer has employees and to which the employer will transmit the report required by this section. (B) An employer that transmits reports shall notify the United States Secretary of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports. (c) (1) Information reported pursuant to this section shall be entered into the State New Hire Registry database maintained by the Division of Workforce Services or its designated contractor within five (5) business days of receipt from an employer. As used herein, "business day" means a day on which state offices are open for regular business. (2) Within two (2) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Office of Child Support Enforcement shall transmit a notice to the employer directing the employer to withhold from the income of the employee an amount equal to the monthly or other periodic child support obligation, including any past due child support obligation, of the employee. (3) Within three (3) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Division of Workforce Services or its designated contractor shall furnish the information to the National Directory of New Hires. (4) On a quarterly basis, the State New Hire Registry shall furnish to the National Directory of New Hires extracts of reporting required to be made to the United States Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations. (5) (A) The Department of Human Services shall have access to information reported by employers pursuant to this section for the purpose of verifying eligibility for programs pursuant to 42 U.S.C. § 1320b-7 . (B) The Division of Workforce Services shall have access to information reported by employers pursuant to this section for purposes of administering the Division of Workforce Services' programs. (C) The Workers' Compensation Commission shall have access to information reported by employers pursuant to this section for purposes of administering the workers' compensation programs. (d) (1) The Division of Workforce Services shall directly or by contract conduct automated comparisons of the Social Security numbers reported by employers and the Social Security numbers appearing within records of the Office of Child Support Enforcement for cases being enforced under the Title IV-D State Plan. (2) When an information comparison reveals a match with respect to the Social Security number of an individual required to provide child support under a support order, the State New Hire Registry shall immediately provide the Office of Child Support Enforcement with the name, address, and Social Security number of the employee to whom the Social Security number is assigned and the name, address, and federal employer identification number of the employer. (e) The Office of Child Support Enforcement shall use information received pursuant to subsection (d) of this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose that information to its agents under contract for purposes connected to the administration of the Title IV-D Child Support Program. (f) All information gathered and maintained by the State New Hire Registry: (1) Shall be held confidential and be utilized solely for the purposes authorized in this section; and (2) Is an exception to the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (g) To the maximum extent allowable, all expenses associated with the development and operation of the State New Hire Registry shall be reimbursed through available funding under the Title IV-D Child Support Program. Amended by Act 2019, No. 910,§ 322, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 321, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 320, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 319, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 318, eff. 7/1/2019. Amended by Act 2013, No. 956,§ 8, eff. 7/1/2013. Acts 1997, No. 1276, § 2; 2009, No. 802, § 13.

(a) As used in this section: (1) "Administrator" means the administrator of the State New Hire Registry; (2) "Employee" means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code of 1986 but does not include an employee of a federal or state agency performing intelligence or counterintelligence operations if the head of the agency has determined that reporting pursuant to subsection (b) of this section could endanger the safety of the employee or could compromise an ongoing operation or investigation; (3) "Employer" means an employer as that term is defined in section 3401(d) of the Internal Revenue Code of 1986 and includes any labor organization and any governmental entity; and (4) "Labor organization" means a labor organization as that term is defined in section 2(5) of the National Labor Relations Act and includes any entity, sometimes known as a "hiring hall", that is used by the labor organization and an employer to carry out the requirements listed in section 8(f)(3) of the federal act of an agreement between the organization and the employer.

(1) "Administrator" means the administrator of the State New Hire Registry;

(2) "Employee" means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code of 1986 but does not include an employee of a federal or state agency performing intelligence or counterintelligence operations if the head of the agency has determined that reporting pursuant to subsection (b) of this section could endanger the safety of the employee or could compromise an ongoing operation or investigation;

(3) "Employer" means an employer as that term is defined in section 3401(d) of the Internal Revenue Code of 1986 and includes any labor organization and any governmental entity; and

(4) "Labor organization" means a labor organization as that term is defined in section 2(5) of the National Labor Relations Act and includes any entity, sometimes known as a "hiring hall", that is used by the labor organization and an employer to carry out the requirements listed in section 8(f)(3) of the federal act of an agreement between the organization and the employer.

(b) (1) The administrator shall compile an automated state registry of newly hired and returning employees. (2) An employer shall report electronically or in any manner authorized by the Division of Workforce Services for inclusion in the State New Hire Registry whenever an employee: (A) Is newly hired; or (B) If the individual was previously employed by the employer but has been separated from the previous employment for at least sixty (60) consecutive days, returns to work. (3) An employer shall include in each report: (A) The name, address, and Social Security number of the employee and the date the employee began performing services for the employer; and (B) The name, address, and federal taxpayer identification number of the employer. (4) (A) An employer shall make the report by submitting a copy of Internal Revenue Service Form W-4 for the employee or an equivalent form. (B) (i) An employer may transmit the report by first class mail, magnetically, or electronically. (ii) If an employer makes the report by mail, the reporting date is that of the postmark. (C) The report shall be received not later than twenty (20) days after the date the employer hires the employee or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) days nor more than sixteen (16) days apart. (5) (A) An employer that has employees employed in two (2) or more states and transmits reports magnetically or electronically may comply with the reporting requirements of this section by designating one (1) state in which the employer has employees and to which the employer will transmit the report required by this section. (B) An employer that transmits reports shall notify the United States Secretary of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.

(1) The administrator shall compile an automated state registry of newly hired and returning employees.

(2) An employer shall report electronically or in any manner authorized by the Division of Workforce Services for inclusion in the State New Hire Registry whenever an employee: (A) Is newly hired; or (B) If the individual was previously employed by the employer but has been separated from the previous employment for at least sixty (60) consecutive days, returns to work.

(A) Is newly hired; or

(B) If the individual was previously employed by the employer but has been separated from the previous employment for at least sixty (60) consecutive days, returns to work.

(3) An employer shall include in each report: (A) The name, address, and Social Security number of the employee and the date the employee began performing services for the employer; and (B) The name, address, and federal taxpayer identification number of the employer.

(A) The name, address, and Social Security number of the employee and the date the employee began performing services for the employer; and

(B) The name, address, and federal taxpayer identification number of the employer.

(4) (A) An employer shall make the report by submitting a copy of Internal Revenue Service Form W-4 for the employee or an equivalent form. (B) (i) An employer may transmit the report by first class mail, magnetically, or electronically. (ii) If an employer makes the report by mail, the reporting date is that of the postmark. (C) The report shall be received not later than twenty (20) days after the date the employer hires the employee or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) days nor more than sixteen (16) days apart.

(A) An employer shall make the report by submitting a copy of Internal Revenue Service Form W-4 for the employee or an equivalent form.

(B) (i) An employer may transmit the report by first class mail, magnetically, or electronically. (ii) If an employer makes the report by mail, the reporting date is that of the postmark.

(i) An employer may transmit the report by first class mail, magnetically, or electronically.

(ii) If an employer makes the report by mail, the reporting date is that of the postmark.

(C) The report shall be received not later than twenty (20) days after the date the employer hires the employee or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) days nor more than sixteen (16) days apart.

(5) (A) An employer that has employees employed in two (2) or more states and transmits reports magnetically or electronically may comply with the reporting requirements of this section by designating one (1) state in which the employer has employees and to which the employer will transmit the report required by this section. (B) An employer that transmits reports shall notify the United States Secretary of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.

(A) An employer that has employees employed in two (2) or more states and transmits reports magnetically or electronically may comply with the reporting requirements of this section by designating one (1) state in which the employer has employees and to which the employer will transmit the report required by this section.

(B) An employer that transmits reports shall notify the United States Secretary of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.

(c) (1) Information reported pursuant to this section shall be entered into the State New Hire Registry database maintained by the Division of Workforce Services or its designated contractor within five (5) business days of receipt from an employer. As used herein, "business day" means a day on which state offices are open for regular business. (2) Within two (2) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Office of Child Support Enforcement shall transmit a notice to the employer directing the employer to withhold from the income of the employee an amount equal to the monthly or other periodic child support obligation, including any past due child support obligation, of the employee. (3) Within three (3) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Division of Workforce Services or its designated contractor shall furnish the information to the National Directory of New Hires. (4) On a quarterly basis, the State New Hire Registry shall furnish to the National Directory of New Hires extracts of reporting required to be made to the United States Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations. (5) (A) The Department of Human Services shall have access to information reported by employers pursuant to this section for the purpose of verifying eligibility for programs pursuant to 42 U.S.C. § 1320b-7 . (B) The Division of Workforce Services shall have access to information reported by employers pursuant to this section for purposes of administering the Division of Workforce Services' programs. (C) The Workers' Compensation Commission shall have access to information reported by employers pursuant to this section for purposes of administering the workers' compensation programs.

(1) Information reported pursuant to this section shall be entered into the State New Hire Registry database maintained by the Division of Workforce Services or its designated contractor within five (5) business days of receipt from an employer. As used herein, "business day" means a day on which state offices are open for regular business.

(2) Within two (2) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Office of Child Support Enforcement shall transmit a notice to the employer directing the employer to withhold from the income of the employee an amount equal to the monthly or other periodic child support obligation, including any past due child support obligation, of the employee.

(3) Within three (3) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Division of Workforce Services or its designated contractor shall furnish the information to the National Directory of New Hires.

(4) On a quarterly basis, the State New Hire Registry shall furnish to the National Directory of New Hires extracts of reporting required to be made to the United States Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as the United States Secretary of Health and Human Services shall specify in regulations.

(5) (A) The Department of Human Services shall have access to information reported by employers pursuant to this section for the purpose of verifying eligibility for programs pursuant to 42 U.S.C. § 1320b-7 . (B) The Division of Workforce Services shall have access to information reported by employers pursuant to this section for purposes of administering the Division of Workforce Services' programs. (C) The Workers' Compensation Commission shall have access to information reported by employers pursuant to this section for purposes of administering the workers' compensation programs.

(A) The Department of Human Services shall have access to information reported by employers pursuant to this section for the purpose of verifying eligibility for programs pursuant to 42 U.S.C. § 1320b-7 .

(B) The Division of Workforce Services shall have access to information reported by employers pursuant to this section for purposes of administering the Division of Workforce Services' programs.

(C) The Workers' Compensation Commission shall have access to information reported by employers pursuant to this section for purposes of administering the workers' compensation programs.

(d) (1) The Division of Workforce Services shall directly or by contract conduct automated comparisons of the Social Security numbers reported by employers and the Social Security numbers appearing within records of the Office of Child Support Enforcement for cases being enforced under the Title IV-D State Plan. (2) When an information comparison reveals a match with respect to the Social Security number of an individual required to provide child support under a support order, the State New Hire Registry shall immediately provide the Office of Child Support Enforcement with the name, address, and Social Security number of the employee to whom the Social Security number is assigned and the name, address, and federal employer identification number of the employer.

(1) The Division of Workforce Services shall directly or by contract conduct automated comparisons of the Social Security numbers reported by employers and the Social Security numbers appearing within records of the Office of Child Support Enforcement for cases being enforced under the Title IV-D State Plan.

(2) When an information comparison reveals a match with respect to the Social Security number of an individual required to provide child support under a support order, the State New Hire Registry shall immediately provide the Office of Child Support Enforcement with the name, address, and Social Security number of the employee to whom the Social Security number is assigned and the name, address, and federal employer identification number of the employer.

(e) The Office of Child Support Enforcement shall use information received pursuant to subsection (d) of this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose that information to its agents under contract for purposes connected to the administration of the Title IV-D Child Support Program.

(f) All information gathered and maintained by the State New Hire Registry: (1) Shall be held confidential and be utilized solely for the purposes authorized in this section; and (2) Is an exception to the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) Shall be held confidential and be utilized solely for the purposes authorized in this section; and

(2) Is an exception to the open public record requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(g) To the maximum extent allowable, all expenses associated with the development and operation of the State New Hire Registry shall be reimbursed through available funding under the Title IV-D Child Support Program.

Amended by Act 2019, No. 910,§ 322, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 321, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 320, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 319, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 318, eff. 7/1/2019.

Amended by Act 2013, No. 956,§ 8, eff. 7/1/2013.

Acts 1997, No. 1276, § 2; 2009, No. 802, § 13.
Ark. Code Ann. § 11-9-904 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-904
Amount of fund - Assessment - Inadequacy
Status: in_force

(a) Each corporation acting as the guaranty fund shall independently determine periodically the amount of money each Arkansas workers' compensation self-insurer should contribute to each fund in order to provide an adequate pool of money to pay workers' compensation benefits owed by an Arkansas self-insurer when such self-insurer fails to meet its workers' compensation benefits obligations. (b) The Workers' Compensation Commission shall assess all workers' compensation self-insurers in an amount determined by each corporation, and the commission shall transmit the moneys collected to each corporation to be used solely to make workers' compensation benefit payments from each fund and to defray the expenses of each fund. (c) At any time that a workers' compensation self-insurer guaranty fund becomes inadequate to make payments to its claimants, the balance of that fund shall be prorated equally among the claimants, and the Arkansas workers' compensation self-insurers who are members of that fund shall be assessed an amount necessary to pay the outstanding claims and expenses and to replenish that fund. (d) The inadequacy of one (1) fund to make payments to claimants shall have no effect on the operation of the remaining fund, nor shall the assets of the remaining fund be utilized in any manner to satisfy the claims of claimants to the fund suffering from the inadequacy. Acts 1991, No. 756, §§ 1, 3; 1995, No. 825, § 4.

(a) Each corporation acting as the guaranty fund shall independently determine periodically the amount of money each Arkansas workers' compensation self-insurer should contribute to each fund in order to provide an adequate pool of money to pay workers' compensation benefits owed by an Arkansas self-insurer when such self-insurer fails to meet its workers' compensation benefits obligations.

(b) The Workers' Compensation Commission shall assess all workers' compensation self-insurers in an amount determined by each corporation, and the commission shall transmit the moneys collected to each corporation to be used solely to make workers' compensation benefit payments from each fund and to defray the expenses of each fund.

(c) At any time that a workers' compensation self-insurer guaranty fund becomes inadequate to make payments to its claimants, the balance of that fund shall be prorated equally among the claimants, and the Arkansas workers' compensation self-insurers who are members of that fund shall be assessed an amount necessary to pay the outstanding claims and expenses and to replenish that fund.

(d) The inadequacy of one (1) fund to make payments to claimants shall have no effect on the operation of the remaining fund, nor shall the assets of the remaining fund be utilized in any manner to satisfy the claims of claimants to the fund suffering from the inadequacy.

Acts 1991, No. 756, §§ 1, 3; 1995, No. 825, § 4.
Ark. Code Ann. § 11-10-517 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-517
Disqualification - Receipt of other remunerations
Status: in_force

If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of: (1) Separation Payments. (A) For initial claims made on and after January 1, 2018: (i) (a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment. (b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section. (c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and (ii) (a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay. (b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii) (a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage. (B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation; (2) Unemployment benefits under an unemployment compensation law of another state or of the United States; (3) (A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer. (B) (i) However, the amount of unemployment benefits payable to the individual for the week shall be reduced, but not below zero ($0.00), by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment that is reasonably attributable to the week. (ii) Any weekly benefit amount that is reduced because of the receipt of remuneration as defined under this section and that is not an even multiple of one dollar ($1.00) shall be rounded to the next lower multiple of one dollar ($1.00). (C) If payments referred to in this subdivision (3) are being received by any individual under the federal Social Security Act, the director shall take into account the individual's contribution and make no reduction in the weekly benefit amount; (4) (A) Training and retraining allowance provided for by appropriation of the United States Congress. (B) However, this subdivision (4) does not apply if the claimant has met the benefit eligibility conditions set out in §§ 11-10-507 - 11-10-511 and other sections of this chapter; (5) VACATION PAYMENTS. (A) Vacation payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the vacation period occurred. (B) For the purpose of this subdivision (5), the employer shall promptly report the week or weeks involved in the vacation period as well as the corresponding amount of vacation pay with respect to such week or weeks. (C) Any vacation payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section; (6) Bonus payments that shall be treated as earnings in accordance with § 11-10-503 only for the week in which the payment is received; (7) SICK PAYMENTS. (A) Sick payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the sick-pay period occurred. (B) For the purpose of this subdivision (7), the employer shall promptly report the week or weeks involved in the sick-pay period as well as the corresponding amount of sick payments with respect to the week or weeks. (C) However, any sick payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section; and (8) HOLIDAY PAYMENTS. (A) Holiday payments shall be treated as earnings in accordance with § 11-10-503 for the week or weeks in which the holiday occurred. (B) For the purpose of this subdivision (8), the employer shall promptly report the week or weeks involved in the holiday pay period and the corresponding amount of holiday payments for that holiday pay period. Amended by Act 2019, No. 453,§ 7, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 245, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 246, eff. 7/1/2019. Amended by Act 2017, No. 734,§ 4, eff. 8/1/2017. Acts 1941, No. 391, §§ 3, 5; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, § 16; 1963, No. 93, §§ 4, 6; 1971, No. 35, §§ 7, 9; 1972 (Ex. Sess.), No. 65, § 1; 1975, No. 154, § 1; 1975, No. 609, § 2; 1975, No. 627, § 1; 1975 (Extended Sess., 1976), No. 1083, §§ 6, 7; 1977, No. 366, § 7; 1977, No. 376, § 11; 1979, No. 492, § 8; 1979, No. 922, § 8; 1981 (Ex. Sess.), No. 37, § 8; 1983, No. 482, §§ 9, 18-20; A.S.A. 1947, §§ 81-1104, 81-1106; reen. Acts 1987, No. 672, §§ 5, 6; Acts 1991, No. 48, § 4; 1993, No. 6, § 8; 2001, No. 1367, § 6; 2003, No. 1223, § 6; 2005, No. 902, § 4; 2007, No. 490, § 6.

If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits for any week with respect to which he or she receives or has received remuneration in the form of:

(1) Separation Payments. (A) For initial claims made on and after January 1, 2018: (i) (a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment. (b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section. (c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and (ii) (a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay. (b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii) (a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage. (B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation;

(A) For initial claims made on and after January 1, 2018: (i) (a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment. (b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section. (c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and (ii) (a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay. (b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii) (a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage.

(i) (a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment. (b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section. (c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and

(a) Separation payments are disqualifying for the number of weeks following the date of the separation that equals the number of weeks of wages received in the separation payment.

(b) An armed services severance payment paid to a former member of the United States Armed Forces shall not be disqualifying under the terms of this section.

(c) Remuneration paid as back pay in settlement of a claim or grievance and supplemental unemployment benefits shall not be disqualifying; and

(ii) (a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay. (b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii) (a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage.

(a) The employer shall specify the total amount of separation pay and the number of weeks of wages represented by the separation pay.

(b) If the employer does not specify the number of weeks under subdivision (1)(A)(ii) (a) of this section, the Division of Workforce Services shall allocate the separation pay using the claimant's average weekly wage.

(B) For the purposes of subdivision (1)(A) of this section, a partial week of separation pay shall be treated as a payment for a full week of separation;

(2) Unemployment benefits under an unemployment compensation law of another state or of the United States;

(3) (A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer. (B) (i) However, the amount of unemployment benefits payable to the individual for the week shall be reduced, but not below zero ($0.00), by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment that is reasonably attributable to the week. (ii) Any weekly benefit amount that is reduced because of the receipt of remuneration as defined under this section and that is not an even multiple of one dollar ($1.00) shall be rounded to the next lower multiple of one dollar ($1.00). (C) If payments referred to in this subdivision (3) are being received by any individual under the federal Social Security Act, the director shall take into account the individual's contribution and make no reduction in the weekly benefit amount;

(A) Any governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment received with respect to the week and that is based on the previous work of the claimant if payment is received under a plan maintained or contributed to by a base-period employer.

(B) (i) However, the amount of unemployment benefits payable to the individual for the week shall be reduced, but not below zero ($0.00), by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment that is reasonably attributable to the week. (ii) Any weekly benefit amount that is reduced because of the receipt of remuneration as defined under this section and that is not an even multiple of one dollar ($1.00) shall be rounded to the next lower multiple of one dollar ($1.00).

(i) However, the amount of unemployment benefits payable to the individual for the week shall be reduced, but not below zero ($0.00), by an amount equal to the amount of the pension, retirement or retired pay, annuity, or other payment that is reasonably attributable to the week.

(ii) Any weekly benefit amount that is reduced because of the receipt of remuneration as defined under this section and that is not an even multiple of one dollar ($1.00) shall be rounded to the next lower multiple of one dollar ($1.00).

(C) If payments referred to in this subdivision (3) are being received by any individual under the federal Social Security Act, the director shall take into account the individual's contribution and make no reduction in the weekly benefit amount;

(4) (A) Training and retraining allowance provided for by appropriation of the United States Congress. (B) However, this subdivision (4) does not apply if the claimant has met the benefit eligibility conditions set out in §§ 11-10-507 - 11-10-511 and other sections of this chapter;

(A) Training and retraining allowance provided for by appropriation of the United States Congress.

(B) However, this subdivision (4) does not apply if the claimant has met the benefit eligibility conditions set out in §§ 11-10-507 - 11-10-511 and other sections of this chapter;

(5) VACATION PAYMENTS. (A) Vacation payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the vacation period occurred. (B) For the purpose of this subdivision (5), the employer shall promptly report the week or weeks involved in the vacation period as well as the corresponding amount of vacation pay with respect to such week or weeks. (C) Any vacation payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section;

(A) Vacation payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the vacation period occurred.

(B) For the purpose of this subdivision (5), the employer shall promptly report the week or weeks involved in the vacation period as well as the corresponding amount of vacation pay with respect to such week or weeks.

(C) Any vacation payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section;

(6) Bonus payments that shall be treated as earnings in accordance with § 11-10-503 only for the week in which the payment is received;

(7) SICK PAYMENTS. (A) Sick payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the sick-pay period occurred. (B) For the purpose of this subdivision (7), the employer shall promptly report the week or weeks involved in the sick-pay period as well as the corresponding amount of sick payments with respect to the week or weeks. (C) However, any sick payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section; and

(A) Sick payments shall be treated as earnings in accordance with § 11-10-503 with respect to the week or weeks in which the sick-pay period occurred.

(B) For the purpose of this subdivision (7), the employer shall promptly report the week or weeks involved in the sick-pay period as well as the corresponding amount of sick payments with respect to the week or weeks.

(C) However, any sick payments received due to a permanent separation from employment shall not be disqualifying nor deductible under this section; and

(8) HOLIDAY PAYMENTS. (A) Holiday payments shall be treated as earnings in accordance with § 11-10-503 for the week or weeks in which the holiday occurred. (B) For the purpose of this subdivision (8), the employer shall promptly report the week or weeks involved in the holiday pay period and the corresponding amount of holiday payments for that holiday pay period.

(A) Holiday payments shall be treated as earnings in accordance with § 11-10-503 for the week or weeks in which the holiday occurred.

(B) For the purpose of this subdivision (8), the employer shall promptly report the week or weeks involved in the holiday pay period and the corresponding amount of holiday payments for that holiday pay period.

Amended by Act 2019, No. 453,§ 7, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 245, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 246, eff. 7/1/2019.

Amended by Act 2017, No. 734,§ 4, eff. 8/1/2017.

Acts 1941, No. 391, §§ 3, 5; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, § 16; 1963, No. 93, §§ 4, 6; 1971, No. 35, §§ 7, 9; 1972 (Ex. Sess.), No. 65, § 1; 1975, No. 154, § 1; 1975, No. 609, § 2; 1975, No. 627, § 1; 1975 (Extended Sess., 1976), No. 1083, §§ 6, 7; 1977, No. 366, § 7; 1977, No. 376, § 11; 1979, No. 492, § 8; 1979, No. 922, § 8; 1981 (Ex. Sess.), No. 37, § 8; 1983, No. 482, §§ 9, 18-20; A.S.A. 1947, §§ 81-1104, 81-1106; reen. Acts 1987, No. 672, §§ 5, 6; Acts 1991, No. 48, § 4; 1993, No. 6, § 8; 2001, No. 1367, § 6; 2003, No. 1223, § 6; 2005, No. 902, § 4; 2007, No. 490, § 6.
Ark. Code Ann. § 11-5-304 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-304
Exceptions
Status: in_force

This subchapter does not apply to the construction, reconstruction, operation, and maintenance of energized overhead electrical lines and their supporting structures and associated equipment by an authorized electrical person nor to any authorized person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical or communications circuits or conductors and their supporting and associated equipment of rail transportation systems, electrical transmission or distribution systems, or communications systems. Acts 1963, No. 148, § 3; A.S.A. 1947, § 81-1403; Acts 1989, No. 752, § 4.

This subchapter does not apply to the construction, reconstruction, operation, and maintenance of energized overhead electrical lines and their supporting structures and associated equipment by an authorized electrical person nor to any authorized person engaged in the construction, reconstruction, operation, and maintenance of overhead electrical or communications circuits or conductors and their supporting and associated equipment of rail transportation systems, electrical transmission or distribution systems, or communications systems.

Acts 1963, No. 148, § 3; A.S.A. 1947, § 81-1403; Acts 1989, No. 752, § 4.
Ark. Code Ann. § 11-10-502 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-502
Weekly benefit amount
Status: in_force

(a) For initial claims filed on or after the first day of the calendar quarter following July 22, 2015, an insured worker's weekly benefit amount shall be an amount equal to one-twenty-sixth (1/26) of his or her average wages for insured work paid during the four (4) quarters of his or her base period. (b) (1) A weekly benefit amount shall not be less than twelve percent (12%) of the state average weekly wage for insured employment for the preceding calendar year for benefit years beginning after June 30, 1987. (2) However, effective July 1, 2012, the weekly minimum benefit amount established in subdivision (b)(1) of this section shall not be greater than eighty-one dollars ($81.00). (c) (1) A weekly benefit amount shall not be greater than sixty-six and two-thirds percent (662/3%) of the state average weekly wage for insured employment for the previous calendar year for benefit years beginning after June 30, 1985. (2) However, effective July 1, 2012, the weekly maximum benefit amount established in subdivision (c)(1) of this section shall not be greater than four hundred fifty-one dollars ($451). (d) Weekly benefit amounts that are not in even multiples of one dollar ($1.00) shall be rounded to the next lower full dollar amount. (e) On June 1 of each year, the Director of the Division of Workforce Services shall determine the average weekly wage for insured employment for the preceding calendar year in the following manner: (1) The sum of the total monthly employment reported for the calendar year shall be divided by twelve (12) to determine the average monthly employment; (2) The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and (3) The average annual wage shall be divided by fifty-two (52) to determine the average weekly wage for insured employment. Amended by Act 2019, No. 910,§ 233, eff. 7/1/2019. Amended by Act 2015, No. 412,§ 2, eff. 7/22/2015. Acts 1941, No. 391, § 3; 1943, No. 138, § 26; 1943, No. 263, § 1; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 5; 1959, No. 13, § 1; 1963, No. 93, § 4; 1971, No. 35, § 7; 1977, No. 366, § 5; 1981, No. 43, § 2; 1983, No. 482, § 7; 1985, No. 8, § 3; 1985, No. 9, § 3; A.S.A. 1947, § 81-1104; Acts 1987, No. 753, § 6; 1991, No. 48, § 2; 2001, No. 1367, § 3; 2001, No. 1757, § 8; 2003, No. 353, § 2; 2011, No. 861, § 1.

(a) For initial claims filed on or after the first day of the calendar quarter following July 22, 2015, an insured worker's weekly benefit amount shall be an amount equal to one-twenty-sixth (1/26) of his or her average wages for insured work paid during the four (4) quarters of his or her base period.

(b) (1) A weekly benefit amount shall not be less than twelve percent (12%) of the state average weekly wage for insured employment for the preceding calendar year for benefit years beginning after June 30, 1987. (2) However, effective July 1, 2012, the weekly minimum benefit amount established in subdivision (b)(1) of this section shall not be greater than eighty-one dollars ($81.00).

(1) A weekly benefit amount shall not be less than twelve percent (12%) of the state average weekly wage for insured employment for the preceding calendar year for benefit years beginning after June 30, 1987.

(2) However, effective July 1, 2012, the weekly minimum benefit amount established in subdivision (b)(1) of this section shall not be greater than eighty-one dollars ($81.00).

(c) (1) A weekly benefit amount shall not be greater than sixty-six and two-thirds percent (662/3%) of the state average weekly wage for insured employment for the previous calendar year for benefit years beginning after June 30, 1985. (2) However, effective July 1, 2012, the weekly maximum benefit amount established in subdivision (c)(1) of this section shall not be greater than four hundred fifty-one dollars ($451).

(1) A weekly benefit amount shall not be greater than sixty-six and two-thirds percent (662/3%) of the state average weekly wage for insured employment for the previous calendar year for benefit years beginning after June 30, 1985.

(2) However, effective July 1, 2012, the weekly maximum benefit amount established in subdivision (c)(1) of this section shall not be greater than four hundred fifty-one dollars ($451).

(d) Weekly benefit amounts that are not in even multiples of one dollar ($1.00) shall be rounded to the next lower full dollar amount.

(e) On June 1 of each year, the Director of the Division of Workforce Services shall determine the average weekly wage for insured employment for the preceding calendar year in the following manner: (1) The sum of the total monthly employment reported for the calendar year shall be divided by twelve (12) to determine the average monthly employment; (2) The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and (3) The average annual wage shall be divided by fifty-two (52) to determine the average weekly wage for insured employment.

(1) The sum of the total monthly employment reported for the calendar year shall be divided by twelve (12) to determine the average monthly employment;

(2) The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and

(3) The average annual wage shall be divided by fifty-two (52) to determine the average weekly wage for insured employment.

Amended by Act 2019, No. 910,§ 233, eff. 7/1/2019.

Amended by Act 2015, No. 412,§ 2, eff. 7/22/2015.

Acts 1941, No. 391, § 3; 1943, No. 138, § 26; 1943, No. 263, § 1; 1947, No. 398, § 2; 1949, No. 155, § 3; 1955, No. 395, § 5; 1959, No. 13, § 1; 1963, No. 93, § 4; 1971, No. 35, § 7; 1977, No. 366, § 5; 1981, No. 43, § 2; 1983, No. 482, § 7; 1985, No. 8, § 3; 1985, No. 9, § 3; A.S.A. 1947, § 81-1104; Acts 1987, No. 753, § 6; 1991, No. 48, § 2; 2001, No. 1367, § 3; 2001, No. 1757, § 8; 2003, No. 353, § 2; 2011, No. 861, § 1.
Ark. Code Ann. § 11-11-210 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-210
Employment counselor's license - Application - Qualifications
Status: in_force

(a) To be eligible for application for an employment counselor's license, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) A person whose license has not been revoked within two (2) years from the date of application; and (4) Able to demonstrate business integrity. (b) (1) Every applicant for an initial license for employment counselor shall file with the Division of Labor a written application on a form prescribed and furnished by the Director of the Division of Labor. (2) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (3) This application shall contain information prescribed by the director. Amended by Act 2019, No. 910,§ 5373, eff. 7/1/2019. Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.

(a) To be eligible for application for an employment counselor's license, the applicant shall be: (1) A citizen of the United States; (2) Of good moral character; (3) A person whose license has not been revoked within two (2) years from the date of application; and (4) Able to demonstrate business integrity.

(1) A citizen of the United States;

(2) Of good moral character;

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

(4) Able to demonstrate business integrity.

(b) (1) Every applicant for an initial license for employment counselor shall file with the Division of Labor a written application on a form prescribed and furnished by the Director of the Division of Labor. (2) The applicant shall file at least two (2) letters of character reference from persons of reputed business or professional integrity. (3) This application shall contain information prescribed by the director.

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

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

(3) This application shall contain information prescribed by the director.

Amended by Act 2019, No. 910,§ 5373, eff. 7/1/2019.

Acts 1975, No. 493, § 5; A.S.A. 1947, § 81-1017.
Ark. Code Ann. § 11-10-528 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-528
Claims - Administrative appeal - Rule of decision
Status: in_force

(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law. (b) (1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board. (2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted. (c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§ 11-10-523 - 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim. (d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under § 11-10-525 and shall be subject to judicial review within the same time and to the same extent. Amended by Act 2019, No. 910,§ 258, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 7; A.S.A. 1947, § 81-1107.

(a) The final decisions of the Board of Review or of an appeal tribunal, and the principles of law declared by it in arriving at the decisions, unless expressly or impliedly overruled by a later decision of the board or by a court of competent jurisdiction, shall be binding upon the Director of the Division of Workforce Services and any examiner or appeal tribunal in subsequent proceedings which involve similar questions of law.

(b) (1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board. (2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.

(1) However, if in connection with any subsequent proceeding, the director, an examiner, or appeal tribunal has serious doubt as to the correctness of any principle so declared, then they may certify their findings of fact in the case, together with the question of law involved, to the board.

(2) After giving notice and reasonable opportunity for hearing upon the law to all parties to the proceedings, the board shall certify to the director, the examiner, or appeal tribunal and the parties its answer to the question submitted.

(c) If the question thus certified to the board arises in connection with a claim for benefits, the board in its discretion may remove to itself the entire proceedings on the claim. After proceeding in accordance with the requirements of §§ 11-10-523 - 11-10-530 with respect to proceedings before an appeal tribunal, the board shall render its decision upon the entire claim.

(d) Any decision made under this section after removal of the proceeding upon a claim to the board shall have the effect of a decision under § 11-10-525 and shall be subject to judicial review within the same time and to the same extent.

Amended by Act 2019, No. 910,§ 258, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, § 7; A.S.A. 1947, § 81-1107.
Ark. Code Ann. § 11-10-1018 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1018
Division of Workforce Services - Bond Financing Trust Fund
Status: in_force

(a) (1) There is established on the books of the Division of Workforce Services a special restricted fund to be known as the "Bond Financing Trust Fund", to be maintained and administered by the division under this subchapter for the purposes stated in this subchapter. (2) The following shall be deposited into the Bond Financing Trust Fund: (A) Collections of the unemployment obligation assessment; and (B) Any penalties and interest with respect to the unemployment obligation assessment. (b) Moneys in the Bond Financing Trust Fund may be used to: (1) Pay debt service on the bonds; (2) Make refunds of the unemployment obligation assessment and interest and penalty payments that were erroneously paid; (3) Return moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Bond Financing Trust Fund; and (4) Purchase or redeem outstanding bonds. (c) The division shall maintain the Bond Financing Trust Fund at the Arkansas Development Finance Authority or at one (1) or more financial institutions within or outside the state. (d) Income from investment of moneys in the Bond Financing Trust Fund shall be deposited into and credited to the Bond Financing Trust Fund. (e) (1) All moneys received for, deposited into, or paid to the division for deposit into the Bond Financing Trust Fund: (A) Are specifically declared to be cash funds restricted in their use; (B) Shall not be deposited into the State Treasury for the purposes of: (i) Arkansas Constitution, Article 5, § 29; (ii) Arkansas Constitution, Article 16, § 12; (iii) Arkansas Constitution, Amendment 20; or (iv) Any other constitutional provision or statutory law; and (C) Shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter. (2) Interest and other moneys received from the investment of moneys in the Bond Financing Trust Fund are cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter. (f) Upon retirement of all bonds, the following shall be transferred to the Unemployment Compensation Fund: (1) Surplus unemployment obligation assessment collections; and (2) Delinquent taxes, penalties, or interest due under the unemployment obligation assessment. Amended by Act 2019, No. 910,§ 327, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 326, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 325, eff. 7/1/2019. Acts 2011, No. 1125, § 1.

(a) (1) There is established on the books of the Division of Workforce Services a special restricted fund to be known as the "Bond Financing Trust Fund", to be maintained and administered by the division under this subchapter for the purposes stated in this subchapter. (2) The following shall be deposited into the Bond Financing Trust Fund: (A) Collections of the unemployment obligation assessment; and (B) Any penalties and interest with respect to the unemployment obligation assessment.

(1) There is established on the books of the Division of Workforce Services a special restricted fund to be known as the "Bond Financing Trust Fund", to be maintained and administered by the division under this subchapter for the purposes stated in this subchapter.

(2) The following shall be deposited into the Bond Financing Trust Fund: (A) Collections of the unemployment obligation assessment; and (B) Any penalties and interest with respect to the unemployment obligation assessment.

(A) Collections of the unemployment obligation assessment; and

(B) Any penalties and interest with respect to the unemployment obligation assessment.

(b) Moneys in the Bond Financing Trust Fund may be used to: (1) Pay debt service on the bonds; (2) Make refunds of the unemployment obligation assessment and interest and penalty payments that were erroneously paid; (3) Return moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Bond Financing Trust Fund; and (4) Purchase or redeem outstanding bonds.

(1) Pay debt service on the bonds;

(2) Make refunds of the unemployment obligation assessment and interest and penalty payments that were erroneously paid;

(3) Return moneys to the Unemployment Compensation Fund Clearing Account that may have been incorrectly identified and erroneously transferred to the Bond Financing Trust Fund; and

(4) Purchase or redeem outstanding bonds.

(c) The division shall maintain the Bond Financing Trust Fund at the Arkansas Development Finance Authority or at one (1) or more financial institutions within or outside the state.

(d) Income from investment of moneys in the Bond Financing Trust Fund shall be deposited into and credited to the Bond Financing Trust Fund.

(e) (1) All moneys received for, deposited into, or paid to the division for deposit into the Bond Financing Trust Fund: (A) Are specifically declared to be cash funds restricted in their use; (B) Shall not be deposited into the State Treasury for the purposes of: (i) Arkansas Constitution, Article 5, § 29; (ii) Arkansas Constitution, Article 16, § 12; (iii) Arkansas Constitution, Amendment 20; or (iv) Any other constitutional provision or statutory law; and (C) Shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter. (2) Interest and other moneys received from the investment of moneys in the Bond Financing Trust Fund are cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.

(1) All moneys received for, deposited into, or paid to the division for deposit into the Bond Financing Trust Fund: (A) Are specifically declared to be cash funds restricted in their use; (B) Shall not be deposited into the State Treasury for the purposes of: (i) Arkansas Constitution, Article 5, § 29; (ii) Arkansas Constitution, Article 16, § 12; (iii) Arkansas Constitution, Amendment 20; or (iv) Any other constitutional provision or statutory law; and (C) Shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.

(A) Are specifically declared to be cash funds restricted in their use;

(B) Shall not be deposited into the State Treasury for the purposes of: (i) Arkansas Constitution, Article 5, § 29; (ii) Arkansas Constitution, Article 16, § 12; (iii) Arkansas Constitution, Amendment 20; or (iv) Any other constitutional provision or statutory law; and

(i) Arkansas Constitution, Article 5, § 29;

(ii) Arkansas Constitution, Article 16, § 12;

(iii) Arkansas Constitution, Amendment 20; or

(iv) Any other constitutional provision or statutory law; and

(C) Shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.

(2) Interest and other moneys received from the investment of moneys in the Bond Financing Trust Fund are cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the division and the Arkansas Development Finance Authority as agent for the division solely for the uses set forth in this subchapter.

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

(1) Surplus unemployment obligation assessment collections; and

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

Amended by Act 2019, No. 910,§ 327, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 326, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 325, eff. 7/1/2019.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-7-211 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-211
Authority to arrest violators or clear mine - Injunctive relief for owner
Status: in_force

(a) The State Mine Inspector is empowered concurrently with the sheriffs and constables throughout the state to make arrests for any violations of the mining laws of this state, but he or she shall make no arrest until after notice has been given as provided in this act. (b) (1) Where, in the opinion of the mine inspector, there is imminent danger to the life or health of the miners or employees in the mine, the mine inspector shall at once notify the person in charge of or operating the mine in which the dangerous condition exists to immediately remove the danger. On failure to remove the dangerous condition without unnecessary delay, the mine inspector shall order the mine or dangerous portion thereof cleared of all persons except those necessary to remove or remedy the dangerous condition. (2) Upon the clearing of any mine of persons employed therein, as provided in this subsection, any owner, lessee, or agent in charge of or operating the mine may apply to the circuit court within whose jurisdiction the mine lies for a writ of injunction to enjoin the mine inspector from continuing the prevention of the operation of the mine. Whereupon, the judge of the court, either in term or vacation, shall at once proceed to hear and determine the case, and if the cause appears to be sufficient after hearing the parties and their evidence, as in like cases, the judge shall sustain or overrule the mine inspector. Acts 1917, No. 130, § 5, p. 683; C. & M. Dig., § 7255; Pope's Dig., § 9311; A.S.A. 1947, § 52-409.

(a) The State Mine Inspector is empowered concurrently with the sheriffs and constables throughout the state to make arrests for any violations of the mining laws of this state, but he or she shall make no arrest until after notice has been given as provided in this act.

(b) (1) Where, in the opinion of the mine inspector, there is imminent danger to the life or health of the miners or employees in the mine, the mine inspector shall at once notify the person in charge of or operating the mine in which the dangerous condition exists to immediately remove the danger. On failure to remove the dangerous condition without unnecessary delay, the mine inspector shall order the mine or dangerous portion thereof cleared of all persons except those necessary to remove or remedy the dangerous condition. (2) Upon the clearing of any mine of persons employed therein, as provided in this subsection, any owner, lessee, or agent in charge of or operating the mine may apply to the circuit court within whose jurisdiction the mine lies for a writ of injunction to enjoin the mine inspector from continuing the prevention of the operation of the mine. Whereupon, the judge of the court, either in term or vacation, shall at once proceed to hear and determine the case, and if the cause appears to be sufficient after hearing the parties and their evidence, as in like cases, the judge shall sustain or overrule the mine inspector.

(1) Where, in the opinion of the mine inspector, there is imminent danger to the life or health of the miners or employees in the mine, the mine inspector shall at once notify the person in charge of or operating the mine in which the dangerous condition exists to immediately remove the danger. On failure to remove the dangerous condition without unnecessary delay, the mine inspector shall order the mine or dangerous portion thereof cleared of all persons except those necessary to remove or remedy the dangerous condition.

(2) Upon the clearing of any mine of persons employed therein, as provided in this subsection, any owner, lessee, or agent in charge of or operating the mine may apply to the circuit court within whose jurisdiction the mine lies for a writ of injunction to enjoin the mine inspector from continuing the prevention of the operation of the mine. Whereupon, the judge of the court, either in term or vacation, shall at once proceed to hear and determine the case, and if the cause appears to be sufficient after hearing the parties and their evidence, as in like cases, the judge shall sustain or overrule the mine inspector.

Acts 1917, No. 130, § 5, p. 683; C. & M. Dig., § 7255; Pope's Dig., § 9311; A.S.A. 1947, § 52-409.
Ark. Code Ann. § 11-10-110 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-110
Protection of rights and benefits - Exception for withholding child support - Definitions
Status: in_force

(a) At the time of filing the claim, an individual filing a new claim for unemployment compensation shall disclose whether or not the individual owes child support obligations as defined under subdivision (g)(1) of this section. If any individual discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the Director of the Division of Workforce Services shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation. (b) The director shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations as defined under subdivision (g)(1) of this section: (1) The amount specified by the individual to the director to be deducted and withheld under this section if neither subdivision (b)(2) nor subdivision (b)(3) of this section is applicable; (2) The amount, if any, determined pursuant to an agreement submitted to the director under section 454(19)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subdivision (b)(3) of this section is applicable; or (3) Any amount otherwise required to be so deducted and withheld from his or her unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the director. (c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the director to the appropriate state or local child support enforcement agency. (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 state or local child support enforcement agency in satisfaction of the individual's child support obligations. (e) For purposes of subsections (a)-(d) of this section, the term "unemployment compensation" means any compensation payable under this chapter, 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 if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the director under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency. (g) (1) The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. (2) The term "state or local child support enforcement agency" as used in this chapter means any agency of this state or a political subdivision thereof operating pursuant to a plan described in subdivision (g)(1) of this section. Amended by Act 2019, No. 910,§ 176, eff. 7/1/2019. Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118.

(a) At the time of filing the claim, an individual filing a new claim for unemployment compensation shall disclose whether or not the individual owes child support obligations as defined under subdivision (g)(1) of this section. If any individual discloses that he or she owes child support obligations and is determined to be eligible for unemployment compensation, the Director of the Division of Workforce Services shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined to be eligible for unemployment compensation.

(b) The director shall deduct and withhold from any unemployment compensation payable to an individual who owes child support obligations as defined under subdivision (g)(1) of this section: (1) The amount specified by the individual to the director to be deducted and withheld under this section if neither subdivision (b)(2) nor subdivision (b)(3) of this section is applicable; (2) The amount, if any, determined pursuant to an agreement submitted to the director under section 454(19)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subdivision (b)(3) of this section is applicable; or (3) Any amount otherwise required to be so deducted and withheld from his or her unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the director.

(1) The amount specified by the individual to the director to be deducted and withheld under this section if neither subdivision (b)(2) nor subdivision (b)(3) of this section is applicable;

(2) The amount, if any, determined pursuant to an agreement submitted to the director under section 454(19)(B)(i) of the Social Security Act by the state or local child support enforcement agency, unless subdivision (b)(3) of this section is applicable; or

(3) Any amount otherwise required to be so deducted and withheld from his or her unemployment compensation pursuant to legal process, as that term is defined in section 462(e) of the Social Security Act, properly served upon the director.

(c) Any amount deducted and withheld under subsection (b) of this section shall be paid by the director to the appropriate state or local child support enforcement agency.

(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 state or local child support enforcement agency in satisfaction of the individual's child support obligations.

(e) For purposes of subsections (a)-(d) of this section, the term "unemployment compensation" means any compensation payable under this chapter, 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 if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the director under this section which are attributable to child support obligations being enforced by the state or local child support enforcement agency.

(g) (1) The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act. (2) The term "state or local child support enforcement agency" as used in this chapter means any agency of this state or a political subdivision thereof operating pursuant to a plan described in subdivision (g)(1) of this section.

(1) The term "child support obligations" is defined for purposes of these provisions as including only obligations which are being enforced pursuant to a plan described in section 454 of the Social Security Act which has been approved by the United States Secretary of Health and Human Services under Part D of Title IV of the Social Security Act.

(2) The term "state or local child support enforcement agency" as used in this chapter means any agency of this state or a political subdivision thereof operating pursuant to a plan described in subdivision (g)(1) of this section.

Amended by Act 2019, No. 910,§ 176, eff. 7/1/2019.

Acts 1941, No. 391, § 15; 1981 (Ex. Sess.), No. 37, § 2; A.S.A. 1947, § 81-1118.
Ark. Code Ann. § 11-9-110 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-110
Compensation nonassignable, etc., and payable to dependents only - Child support obligations excepted - Definition
Status: in_force

(a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and moneys retained by the Division of Correction under § 12-30-406(a)(1) . (b) Money compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone. (c) (1) On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer. (2) The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested. (d) (1) Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount. (2) Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount. (e) Any amount withheld under subsection (d) of this section shall be paid through the appropriate court payable to the person or agency to whom the obligation is payable. (f) Any amount withheld pursuant to the provisions of this section shall for all purposes be treated as if it were paid to the employee as workers' compensation and paid by the employee to the person or agency to whom the obligation is payable. (g) For purposes of this section, "child support obligations" is defined as only those support obligations that are contained in a decree or order of the circuit court which provides for the payment of money for the support and care of any child or children. Amended by Act 2019, No. 910,§ 696, eff. 7/1/2019. Init. Meas. 1948, No. 4, § 21, Acts 1949, p. 1420; A.S.A. 1947, § 81-1321; Acts 1987, No. 524, § 2; 1995, No. 1184, §§ 21, 28; 2001, No. 1651, § 1.

(a) The right to compensation shall not be assignable and shall not be subject to garnishment, attachment, levy, execution, or any other legal process, except for child support obligations and moneys retained by the Division of Correction under § 12-30-406(a)(1) .

(b) Money compensation to dependents of a deceased employee shall not constitute assets of the estate of the deceased employee and shall be payable to and for the benefit of the dependents alone.

(c) (1) On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer. (2) The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested.

(1) On or after June 30, 1993, the Workers' Compensation Commission shall forward monthly a computer tape listing the name, address, and Social Security number, if available, on all persons for whom the commission has established a file during the preceding month to the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration. The computer tape shall also include the name of the workers' compensation carrier and the name of the employer.

(2) The same information shall be provided to individuals who apply for the information with the commission on an individual employee to an individual certifying that they have an interest in the child support obligations of the employee on whom the information is requested.

(d) (1) Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount. (2) Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount.

(1) Amounts withheld from weekly compensation benefits for child support obligations shall not exceed twenty-five percent (25%) of the benefit amount.

(2) Amounts withheld from a lump-sum settlement on a joint petition for child support obligations shall not exceed fifty percent (50%) of the settlement amount.

(e) Any amount withheld under subsection (d) of this section shall be paid through the appropriate court payable to the person or agency to whom the obligation is payable.

(f) Any amount withheld pursuant to the provisions of this section shall for all purposes be treated as if it were paid to the employee as workers' compensation and paid by the employee to the person or agency to whom the obligation is payable.

(g) For purposes of this section, "child support obligations" is defined as only those support obligations that are contained in a decree or order of the circuit court which provides for the payment of money for the support and care of any child or children.

Amended by Act 2019, No. 910,§ 696, eff. 7/1/2019.

Init. Meas. 1948, No. 4, § 21, Acts 1949, p. 1420; A.S.A. 1947, § 81-1321; Acts 1987, No. 524, § 2; 1995, No. 1184, §§ 21, 28; 2001, No. 1651, § 1.
Ark. Code Ann. § 11-4-217 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-217
Records kept by employer
Status: in_force

(a) Every employer subject to any provision of this subchapter or of any rule issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, the amount paid each pay period to each employee, and such other information as the Director of the Division of Labor shall prescribe by rule as necessary or appropriate for the enforcement of the provisions of this subchapter or of the rules under this subchapter. (b) The records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time. (c) Every employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director. Amended by Act 2019, No. 315,§ 765, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5318, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 8; A.S.A. 1947, § 81-326; Acts 2001, No. 1423, § 9.

(a) Every employer subject to any provision of this subchapter or of any rule issued under this subchapter shall make and keep for a period of not less than three (3) years in or about the premises wherein any employee is employed a record of the name, address, and occupation of each of his or her employees, the rate of pay, the amount paid each pay period to each employee, and such other information as the Director of the Division of Labor shall prescribe by rule as necessary or appropriate for the enforcement of the provisions of this subchapter or of the rules under this subchapter.

(b) The records shall be open for inspection or transcription by the director or his or her authorized representative at any reasonable time.

(c) Every employer shall furnish to the director or to his or her authorized representative on demand a sworn statement of the records and information upon forms prescribed or approved by the director.

Amended by Act 2019, No. 315,§ 765, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5318, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 8; A.S.A. 1947, § 81-326; Acts 2001, No. 1423, § 9.
Ark. Code Ann. § 11-3-201 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-201
Enticing away laborer prohibited - Penalty
Status: in_force

(a) If any person shall interfere with, entice away, knowingly employ, or induce a laborer who has contracted with another person for a specified time to leave his or her employer before the expiration of his or her contract without the consent of the employer, then, upon conviction before any justice of the peace or circuit court, he or she shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). (b) In addition, he or she shall be liable to the employer for all advances made by him or her to the laborer by virtue of his or her contract, whether verbal or written, with the laborer and for all damages that he or she may have sustained by reason thereof. Acts 1883, No. 96, § 8, p. 167; 1905, No. 298, § 1, p. 726; C. & M. Dig., § 2789; Acts 1923 (1st Ex. Sess.), No. 34, § 1; Pope's Dig., § 3493; A.S.A. 1947, § 81-210.

(a) If any person shall interfere with, entice away, knowingly employ, or induce a laborer who has contracted with another person for a specified time to leave his or her employer before the expiration of his or her contract without the consent of the employer, then, upon conviction before any justice of the peace or circuit court, he or she shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).

(b) In addition, he or she shall be liable to the employer for all advances made by him or her to the laborer by virtue of his or her contract, whether verbal or written, with the laborer and for all damages that he or she may have sustained by reason thereof.

Acts 1883, No. 96, § 8, p. 167; 1905, No. 298, § 1, p. 726; C. & M. Dig., § 2789; Acts 1923 (1st Ex. Sess.), No. 34, § 1; Pope's Dig., § 3493; A.S.A. 1947, § 81-210.
Ark. Code Ann. § 11-9-908 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-908
Subrogation
Status: in_force

(a) Each corporation shall have full rights of subrogation against any source of payment or reimbursement for payments made by the corporation on behalf of an Arkansas workers' compensation self-insurer. (b) Each corporation shall have a right of recovery through the maintenance of an action against any third party, other than a coemployee, who is in any way responsible or liable for injury or death to a covered worker. Acts 1991, No. 756, § 4; 1995, No. 825, § 8.

(a) Each corporation shall have full rights of subrogation against any source of payment or reimbursement for payments made by the corporation on behalf of an Arkansas workers' compensation self-insurer.

(b) Each corporation shall have a right of recovery through the maintenance of an action against any third party, other than a coemployee, who is in any way responsible or liable for injury or death to a covered worker.

Acts 1991, No. 756, § 4; 1995, No. 825, § 8.
Ark. Code Ann. § 11-13-112 — AR Code / Title 11 / Chapter 13 / Section 11-13-112
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 14.

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

Acts 1993, No. 1232, § 14.
Ark. Code Ann. § 11-4-103 — AR Code / Title 11 / Chapter 4 / Subchapter 1 / Section 11-4-103
Employment status
Status: in_force

For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq. Added by Act 2019, No. 1055,§ 2, eff. 7/24/2019.

For purposes of this chapter, employment status as an employee or independent contractor is determined by consideration of the twenty-factor test required by the Empower Independent Contractors Act of 2019, § 11-1-201 et seq.

Added by Act 2019, No. 1055,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 11-10-605 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-605
Approval or rejection
Status: in_force

(a) The Director of the Division of Workforce Services shall approve or reject a plan in writing within thirty (30) days of its receipt. (b) Only one (1) plan may be approved for any one (1) employer during any twelve-month period. (c) The reason for rejection shall be final and non-appealable, but the employer shall be allowed to submit another plan for approval not earlier than fifteen (15) days from the date of the last rejection. Amended by Act 2019, No. 910,§ 277, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 8; 1991, No. 100, § 37.

(a) The Director of the Division of Workforce Services shall approve or reject a plan in writing within thirty (30) days of its receipt.

(b) Only one (1) plan may be approved for any one (1) employer during any twelve-month period.

(c) The reason for rejection shall be final and non-appealable, but the employer shall be allowed to submit another plan for approval not earlier than fifteen (15) days from the date of the last rejection.

Amended by Act 2019, No. 910,§ 277, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 8; 1991, No. 100, § 37.
Ark. Code Ann. § 11-10-706 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-706
Future rates - Administrative assessment
Status: in_force

(a) (1) Effective July 1, 2023, each employer shall be required to pay an administrative assessment on wages paid by the employer with respect to employment. (2) This administrative assessment shall not be credited to the separate account of each employer. (b) (1) For the period July 1, 2023, through June 30, 2024, the administrative assessment shall be twelve and one-half hundredths of one percent (0.125%). (2) For the period beginning on and after July 1, 2024, the administrative assessment shall be one-tenth of one percent (0.1%). (c) (1) Each fiscal year, sixty percent (60%) of the proceeds of the administrative assessment, up to six million dollars ($6,000,000), shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used for personal services and operating expenses of the unemployment insurance program necessary for the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., as determined by the Director of the Division of Workforce Services. (2) (A) After collection of the proceeds of the administrative assessment specified in subdivision (c)(1) of this section, only for the period from July 1, 2023, through June 30, 2024, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used solely for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program. (B) The maximum amount to be deposited and credited under subdivision (c)(2)(A) of this section shall not exceed the difference between thirty-five million dollars ($35,000,000) and the amounts deposited and credited in previous state fiscal years to the Division of Workforce Services Unemployment Insurance Administration Fund for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program. (3) Each fiscal year, after collection of the proceeds of the administrative assessment specified in subdivisions (c)(1) and (2) of this section, the remaining proceeds, if any, of the administrative assessment in an amount up to two million five hundred thousand dollars ($2,500,000) shall be deposited and credited to the Division of Workforce Services Training Trust Fund, there to be used for worker training. (4) Each fiscal year, after collection of the proceeds of the administrative assessment specified under subdivisions (c)(1)-(3) of this section, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Unemployment Compensation Fund. (5) The director shall report to the Legislative Council on a quarterly basis as to any uses of the Division of Workforce Services Training Trust Fund and the Division of Workforce Services Unemployment Insurance Administration Fund. Amended by Act 2023, No. 196,§ 7, eff. 3/6/2023. Amended by Act 2021, No. 369,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 667,§ 2, eff. 4/1/2021. Amended by Act 2019, No. 910,§ 288, eff. 7/1/2019. Amended by Act 2019, No. 454,§ 2, eff. 3/13/2019. Amended by Act 2019, No. 454,§ 1, eff. 3/13/2019. Amended by Act 2017, No. 1038,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 540,§ 11, eff. 8/1/2017. Amended by Act 2015, No. 690,§ 5, eff. 7/1/2015. Amended by Act 2015, No. 690,§ 4, eff. 7/1/2015. Amended by Act 2015, No. 892,§ 3, eff. 4/1/2015. Amended by Act 2015, No. 892,§ 2, eff. 4/1/2015. Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 12; 1973, No. 329, §§ 10, 11; 1975, No. 609, § 6; 1975 (Extended Sess., 1976), No. 1083, § 8; 1981, No. 43, §§ 11-13; 1983, No. 482, § 27; 1985, No. 8, § 8; 1985, No. 9, § 8; A.S.A. 1947, § 81-1108; reen. Acts 1987, No. 672, § 7; Acts 1989, No. 420, § 10; 1991, No. 48, § 8; 1993, No. 6, §§ 13, 14; 1997, No. 234, § 24; 2001, No. 1628, § 1; 2007, No. 551, § 3; 2011, No. 1040, § 4.

(a) (1) Effective July 1, 2023, each employer shall be required to pay an administrative assessment on wages paid by the employer with respect to employment. (2) This administrative assessment shall not be credited to the separate account of each employer.

(1) Effective July 1, 2023, each employer shall be required to pay an administrative assessment on wages paid by the employer with respect to employment.

(2) This administrative assessment shall not be credited to the separate account of each employer.

(b) (1) For the period July 1, 2023, through June 30, 2024, the administrative assessment shall be twelve and one-half hundredths of one percent (0.125%). (2) For the period beginning on and after July 1, 2024, the administrative assessment shall be one-tenth of one percent (0.1%).

(1) For the period July 1, 2023, through June 30, 2024, the administrative assessment shall be twelve and one-half hundredths of one percent (0.125%).

(2) For the period beginning on and after July 1, 2024, the administrative assessment shall be one-tenth of one percent (0.1%).

(c) (1) Each fiscal year, sixty percent (60%) of the proceeds of the administrative assessment, up to six million dollars ($6,000,000), shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used for personal services and operating expenses of the unemployment insurance program necessary for the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., as determined by the Director of the Division of Workforce Services. (2) (A) After collection of the proceeds of the administrative assessment specified in subdivision (c)(1) of this section, only for the period from July 1, 2023, through June 30, 2024, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used solely for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program. (B) The maximum amount to be deposited and credited under subdivision (c)(2)(A) of this section shall not exceed the difference between thirty-five million dollars ($35,000,000) and the amounts deposited and credited in previous state fiscal years to the Division of Workforce Services Unemployment Insurance Administration Fund for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program. (3) Each fiscal year, after collection of the proceeds of the administrative assessment specified in subdivisions (c)(1) and (2) of this section, the remaining proceeds, if any, of the administrative assessment in an amount up to two million five hundred thousand dollars ($2,500,000) shall be deposited and credited to the Division of Workforce Services Training Trust Fund, there to be used for worker training. (4) Each fiscal year, after collection of the proceeds of the administrative assessment specified under subdivisions (c)(1)-(3) of this section, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Unemployment Compensation Fund. (5) The director shall report to the Legislative Council on a quarterly basis as to any uses of the Division of Workforce Services Training Trust Fund and the Division of Workforce Services Unemployment Insurance Administration Fund.

(1) Each fiscal year, sixty percent (60%) of the proceeds of the administrative assessment, up to six million dollars ($6,000,000), shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used for personal services and operating expenses of the unemployment insurance program necessary for the proper administration of the Division of Workforce Services Law, § 11-10-101 et seq., as determined by the Director of the Division of Workforce Services.

(2) (A) After collection of the proceeds of the administrative assessment specified in subdivision (c)(1) of this section, only for the period from July 1, 2023, through June 30, 2024, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used solely for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program. (B) The maximum amount to be deposited and credited under subdivision (c)(2)(A) of this section shall not exceed the difference between thirty-five million dollars ($35,000,000) and the amounts deposited and credited in previous state fiscal years to the Division of Workforce Services Unemployment Insurance Administration Fund for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program.

(A) After collection of the proceeds of the administrative assessment specified in subdivision (c)(1) of this section, only for the period from July 1, 2023, through June 30, 2024, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Division of Workforce Services Unemployment Insurance Administration Fund, there to be used solely for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program.

(B) The maximum amount to be deposited and credited under subdivision (c)(2)(A) of this section shall not exceed the difference between thirty-five million dollars ($35,000,000) and the amounts deposited and credited in previous state fiscal years to the Division of Workforce Services Unemployment Insurance Administration Fund for the purpose of modernizing information technology systems and hardware utilized in the administration of the unemployment insurance program.

(3) Each fiscal year, after collection of the proceeds of the administrative assessment specified in subdivisions (c)(1) and (2) of this section, the remaining proceeds, if any, of the administrative assessment in an amount up to two million five hundred thousand dollars ($2,500,000) shall be deposited and credited to the Division of Workforce Services Training Trust Fund, there to be used for worker training.

(4) Each fiscal year, after collection of the proceeds of the administrative assessment specified under subdivisions (c)(1)-(3) of this section, the remaining proceeds, if any, of the administrative assessment shall be deposited and credited to the Unemployment Compensation Fund.

(5) The director shall report to the Legislative Council on a quarterly basis as to any uses of the Division of Workforce Services Training Trust Fund and the Division of Workforce Services Unemployment Insurance Administration Fund.

Amended by Act 2023, No. 196,§ 7, eff. 3/6/2023.

Amended by Act 2021, No. 369,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 667,§ 2, eff. 4/1/2021.

Amended by Act 2019, No. 910,§ 288, eff. 7/1/2019.

Amended by Act 2019, No. 454,§ 2, eff. 3/13/2019.

Amended by Act 2019, No. 454,§ 1, eff. 3/13/2019.

Amended by Act 2017, No. 1038,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 540,§ 11, eff. 8/1/2017.

Amended by Act 2015, No. 690,§ 5, eff. 7/1/2015.

Amended by Act 2015, No. 690,§ 4, eff. 7/1/2015.

Amended by Act 2015, No. 892,§ 3, eff. 4/1/2015.

Amended by Act 2015, No. 892,§ 2, eff. 4/1/2015.

Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 12; 1973, No. 329, §§ 10, 11; 1975, No. 609, § 6; 1975 (Extended Sess., 1976), No. 1083, § 8; 1981, No. 43, §§ 11-13; 1983, No. 482, § 27; 1985, No. 8, § 8; 1985, No. 9, § 8; A.S.A. 1947, § 81-1108; reen. Acts 1987, No. 672, § 7; Acts 1989, No. 420, § 10; 1991, No. 48, § 8; 1993, No. 6, §§ 13, 14; 1997, No. 234, § 24; 2001, No. 1628, § 1; 2007, No. 551, § 3; 2011, No. 1040, § 4.
Ark. Code Ann. § 11-2-103 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-103
Exception
Status: in_force

This subchapter shall not apply to mines and mining or the mining industry. Acts 1937, No. 161, § 25; Pope's Dig., § 8521; A.S.A. 1947, § 81-121n.

This subchapter shall not apply to mines and mining or the mining industry.

Acts 1937, No. 161, § 25; Pope's Dig., § 8521; A.S.A. 1947, § 81-121n.
Ark. Code Ann. § 11-14-112 — AR Code / Title 11 / Chapter 14 / Section 11-14-112
Rating plans based on drug-free workplace program participation
Status: in_force

The Insurance Commissioner shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the Workers' Health and Safety Division. The plans must take effect January 1, 2000, must be actuarially sound, and must state the savings anticipated to result from the drug testing. The credit shall be at least five percent (5%) unless the Insurance Commissioner determines that five percent (5%) is actuarially unsound. The Insurance Commissioner is also authorized to develop a schedule of premium credits for workers' compensation insurance for employers who have safety programs that attain certain criteria for safety programs. The Insurance Commissioner shall consult with the Director of the Division of Labor in setting such criteria. Amended by Act 2019, No. 910,§ 5401, eff. 7/1/2019. Acts 1999, No. 1552, § 12.

The Insurance Commissioner shall approve rating plans for workers' compensation insurance that give specific identifiable consideration in the setting of rates to employers that implement a drug-free workplace program pursuant to rules adopted by the Workers' Health and Safety Division. The plans must take effect January 1, 2000, must be actuarially sound, and must state the savings anticipated to result from the drug testing. The credit shall be at least five percent (5%) unless the Insurance Commissioner determines that five percent (5%) is actuarially unsound. The Insurance Commissioner is also authorized to develop a schedule of premium credits for workers' compensation insurance for employers who have safety programs that attain certain criteria for safety programs. The Insurance Commissioner shall consult with the Director of the Division of Labor in setting such criteria.

Amended by Act 2019, No. 910,§ 5401, eff. 7/1/2019.

Acts 1999, No. 1552, § 12.
Ark. Code Ann. § 11-5-112 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-112
Separate facilities for males and females required
Status: in_force

(a) There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for males and females. (b) (1) The Director of the Division of Labor shall enforce the provisions of this section and shall give notice in writing to employers violating it. (2) Upon failure to comply with the provisions of this section after thirty (30) days from the notice, the employers shall be liable to penalties provided in subsection (c) of this section. (c) (1) Any firm, person, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) Each day shall constitute a separate offense. (d) This section shall not repeal any laws now in force but shall be cumulative thereto. Amended by Act 2019, No. 910,§ 5334, eff. 7/1/2019. Acts 1919, No. 265, §§ 1-4; C. & M. Dig., §§ 7116-7118; Pope's Dig., §§ 9102-9104; A.S.A. 1947, §§ 81-410 -- 81-413; Acts 1997, No. 300, § 1.

(a) There shall be provided in every factory, manufacturing establishment, workshop, or other place where six (6) or more males and females are employed separate toilets and washrooms for males and females.

(b) (1) The Director of the Division of Labor shall enforce the provisions of this section and shall give notice in writing to employers violating it. (2) Upon failure to comply with the provisions of this section after thirty (30) days from the notice, the employers shall be liable to penalties provided in subsection (c) of this section.

(1) The Director of the Division of Labor shall enforce the provisions of this section and shall give notice in writing to employers violating it.

(2) Upon failure to comply with the provisions of this section after thirty (30) days from the notice, the employers shall be liable to penalties provided in subsection (c) of this section.

(c) (1) Any firm, person, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100). (2) Each day shall constitute a separate offense.

(1) Any firm, person, or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100).

(2) Each day shall constitute a separate offense.

(d) This section shall not repeal any laws now in force but shall be cumulative thereto.

Amended by Act 2019, No. 910,§ 5334, eff. 7/1/2019.

Acts 1919, No. 265, §§ 1-4; C. & M. Dig., §§ 7116-7118; Pope's Dig., §§ 9102-9104; A.S.A. 1947, §§ 81-410 -- 81-413; Acts 1997, No. 300, § 1.
Ark. Code Ann. § 11-9-703 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-703
Preliminary conference procedure
Status: in_force

The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules to establish and implement, for claims with respect to injuries occurring on or after January 1, 1987, a preliminary conference procedure designed to accomplish the following objectives: (1) To provide the claimant an opportunity to confer with a legal advisor on the staff of the commission to be advised of his or her rights under this chapter and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to between the parties, or otherwise directed by the commission; (2) To provide an opportunity for, but not to compel, a binding settlement of some or all the issues present at the time; (3) To facilitate the resolution of issues without the expense of litigation or attorney's fees for either party; (4) (A) (i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805 . (ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition. (B) The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and (5) No moneys appropriated by Acts 1987, No. 1046, or any other act shall be expended to fund preliminary conferences held pursuant to § 11-9-102 , § 11-9-205 , §§ 11-9-501 - 11-9-503 , § 11-9-517 , § 11-9-521 , § 11-9-522 , § 11-9-527 , §§ 11-9-701 - 11-9-704 , § 11-9-715 , § 11-9-802 , or § 11-9-804 , other than in the county where the accident occurred, if the accident occurred in this state, the county of the claimant's residence, or such other county as agreed to by the parties. Amended by Act 2019, No. 315,§ 796, eff. 7/24/2019. Acts 1986 (2nd Ex. Sess.), No. 10, § 11; A.S.A. 1947, § 81-1323.1; Acts 1993, No. 796, § 28; 2003, No. 227, § 10.

The Workers' Compensation Commission is authorized and directed to promulgate appropriate rules to establish and implement, for claims with respect to injuries occurring on or after January 1, 1987, a preliminary conference procedure designed to accomplish the following objectives:

(1) To provide the claimant an opportunity to confer with a legal advisor on the staff of the commission to be advised of his or her rights under this chapter and to ensure that the rights are protected. The conference shall be held in the county where the accident occurred, if the accident occurred in this state, unless otherwise agreed to between the parties, or otherwise directed by the commission;

(2) To provide an opportunity for, but not to compel, a binding settlement of some or all the issues present at the time;

(3) To facilitate the resolution of issues without the expense of litigation or attorney's fees for either party;

(4) (A) (i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805 . (ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition. (B) The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and

(A) (i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805 . (ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.

(i) To authorize the legal advisor to approve compromise settlements entered into at or as a result of the preliminary conference and those joint petition settlements entered into pursuant to § 11-9-805 .

(ii) Provided, however, the same legal advisors shall not both advise the claimant and approve the joint petition.

(B) The purpose and intent of this section is to affirm the duty of the commission to provide legal assistance, thereby reducing litigation and workers' compensation costs; and

(5) No moneys appropriated by Acts 1987, No. 1046, or any other act shall be expended to fund preliminary conferences held pursuant to § 11-9-102 , § 11-9-205 , §§ 11-9-501 - 11-9-503 , § 11-9-517 , § 11-9-521 , § 11-9-522 , § 11-9-527 , §§ 11-9-701 - 11-9-704 , § 11-9-715 , § 11-9-802 , or § 11-9-804 , other than in the county where the accident occurred, if the accident occurred in this state, the county of the claimant's residence, or such other county as agreed to by the parties.

Amended by Act 2019, No. 315,§ 796, eff. 7/24/2019.

Acts 1986 (2nd Ex. Sess.), No. 10, § 11; A.S.A. 1947, § 81-1323.1; Acts 1993, No. 796, § 28; 2003, No. 227, § 10.
Ark. Code Ann. § 11-9-411 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-411
Effect of payment by other insurers
Status: in_force

(a) (1) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for the same medical services or period of disability, whether those benefits were paid under a group health care service plan of whatever form or nature, a group disability policy, a group loss of income policy, a group accident, health, or accident and health policy, a self-insured employee health or welfare benefit plan, or a group hospital or medical service contract. (2) The reduction specified in subdivision (a)(1) of this section does not apply to any benefit received from a group policy for disability if the injured worker has paid for the policy. (b) The claimant shall be required to disclose in a manner to be determined by the Workers' Compensation Commission the identity, address, or phone number of any person or entity which has paid benefits described in this section in connection with any claim under this chapter. (c) (1) Prior to any final award or approval of a joint petition, the claimant shall be required to furnish the respondent with releases of all subrogation claims for the benefits described in this section. (2) (A) In the event that the claimant is unable to produce releases required by this section, then the commission shall determine the amount of such potential subrogation claims and shall direct the carrier or self-insured employer to hold in reserve only said sums for a period of five (5) years. (B) If, after the expiration of five (5) years, no release or final court order is presented otherwise directing the payment of said sums, then the carrier or self-insured employer shall tender said sums to the Death and Permanent Total Disability Trust Fund. Acts 1993, No. 796, § 32; 2009, No. 327, § 1.

(a) (1) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for the same medical services or period of disability, whether those benefits were paid under a group health care service plan of whatever form or nature, a group disability policy, a group loss of income policy, a group accident, health, or accident and health policy, a self-insured employee health or welfare benefit plan, or a group hospital or medical service contract. (2) The reduction specified in subdivision (a)(1) of this section does not apply to any benefit received from a group policy for disability if the injured worker has paid for the policy.

(1) Any benefits payable to an injured worker under this chapter shall be reduced in an amount equal to, dollar-for-dollar, the amount of benefits the injured worker has previously received for the same medical services or period of disability, whether those benefits were paid under a group health care service plan of whatever form or nature, a group disability policy, a group loss of income policy, a group accident, health, or accident and health policy, a self-insured employee health or welfare benefit plan, or a group hospital or medical service contract.

(2) The reduction specified in subdivision (a)(1) of this section does not apply to any benefit received from a group policy for disability if the injured worker has paid for the policy.

(b) The claimant shall be required to disclose in a manner to be determined by the Workers' Compensation Commission the identity, address, or phone number of any person or entity which has paid benefits described in this section in connection with any claim under this chapter.

(c) (1) Prior to any final award or approval of a joint petition, the claimant shall be required to furnish the respondent with releases of all subrogation claims for the benefits described in this section. (2) (A) In the event that the claimant is unable to produce releases required by this section, then the commission shall determine the amount of such potential subrogation claims and shall direct the carrier or self-insured employer to hold in reserve only said sums for a period of five (5) years. (B) If, after the expiration of five (5) years, no release or final court order is presented otherwise directing the payment of said sums, then the carrier or self-insured employer shall tender said sums to the Death and Permanent Total Disability Trust Fund.

(1) Prior to any final award or approval of a joint petition, the claimant shall be required to furnish the respondent with releases of all subrogation claims for the benefits described in this section.

(2) (A) In the event that the claimant is unable to produce releases required by this section, then the commission shall determine the amount of such potential subrogation claims and shall direct the carrier or self-insured employer to hold in reserve only said sums for a period of five (5) years. (B) If, after the expiration of five (5) years, no release or final court order is presented otherwise directing the payment of said sums, then the carrier or self-insured employer shall tender said sums to the Death and Permanent Total Disability Trust Fund.

(A) In the event that the claimant is unable to produce releases required by this section, then the commission shall determine the amount of such potential subrogation claims and shall direct the carrier or self-insured employer to hold in reserve only said sums for a period of five (5) years.

(B) If, after the expiration of five (5) years, no release or final court order is presented otherwise directing the payment of said sums, then the carrier or self-insured employer shall tender said sums to the Death and Permanent Total Disability Trust Fund.

Acts 1993, No. 796, § 32; 2009, No. 327, § 1.
Ark. Code Ann. § 11-4-301 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-301
Definition
Status: in_force

As used in this subchapter, "labor" means work or service performed by a person employed for a period of time for which the wages or salary or remuneration for the work or services is to be paid at stated intervals or at the termination of the employment or for physical work actually performed by an independent contractor if the amount in controversy does not exceed two thousand dollars ($2,000). Acts 1937, No. 86, § 1; Pope's Dig., § 8537; Acts 1941, No. 431, § 1; 1973, No. 147, § 1; A.S.A. 1947, § 81-311; Acts 2009, No. 622, § 1.

As used in this subchapter, "labor" means work or service performed by a person employed for a period of time for which the wages or salary or remuneration for the work or services is to be paid at stated intervals or at the termination of the employment or for physical work actually performed by an independent contractor if the amount in controversy does not exceed two thousand dollars ($2,000).

Acts 1937, No. 86, § 1; Pope's Dig., § 8537; Acts 1941, No. 431, § 1; 1973, No. 147, § 1; A.S.A. 1947, § 81-311; Acts 2009, No. 622, § 1.
Ark. Code Ann. § 11-6-103 — AR Code / Title 11 / Chapter 6 / Section 11-6-103
Penalty - Disposition of fines - Definition
Status: in_force

(a) (1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who employs or permits or suffers any child to be employed or to work in violation of this subchapter or §§ 11-12-101 - 11-12-105 , or any rules issued thereunder, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation. (2) Each day the violation continues shall with respect to each child so employed or permitted work constitute a separate offense. (b) The Director of the Division of Labor shall determine the amount of such penalty and shall consider the appropriateness of such penalty to the size of the business and the gravity of the violation. (c) The determination by the director shall be final unless within fifteen (15) days after receipt of notice thereof by certified mail, the person, firm, corporation, partnership, or association charged with the violation notifies the director in writing that he or she contests the proposed penalty. In the event that penalty is contested, a final determination shall be made pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) The amount of penalty when finally determined may be recovered in a civil action brought by the director in a court of competent jurisdiction, without paying costs or giving bond for costs. (e) Sums collected under this section shall be paid into the Department of Labor and Licensing Special Fund. (f) Assessment of a civil penalty by the director shall be made no later than three (3) years from the date of the occurrence of the violation. (g) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or §§ 11-12-101 - 11-12-105 , or any rule issued thereunder. (h) (1) In addition to the civil penalties provided for in subsection (a) of this section, an employer who knowingly violates this subchapter is, upon conviction, guilty of a Class C misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class B misdemeanor. (i) (1) In addition to the civil penalties provided for in subsection (a) of this section and the criminal penalties provided for in subsection (h) of this section, an employer who knowingly violates this subchapter and the violation results in a serious physical injury to or death of a minor is, upon conviction, guilty of a Class A misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class C felony. (j) An employer that willfully engages in any of the following actions is in violation of this subchapter and subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation: (1) Hinders or delays the director or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter; and (2) Falsifies records related to child labor. (k) As used in this section, "employer" means every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee. Amended by Act 2023, No. 687,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 687,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 687,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 771, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 770, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5338, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5337, eff. 7/1/2019. Init. Meas. 1914, No. 1, § 13, Acts 1915, p. 1505; C. & M. Dig., § 7099; Pope's Dig., § 9081; A.S.A. 1947, § 81-714; Acts 1991, No. 509, § 1; 2001, No. 577, § 7.

(a) (1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who employs or permits or suffers any child to be employed or to work in violation of this subchapter or §§ 11-12-101 - 11-12-105 , or any rules issued thereunder, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation. (2) Each day the violation continues shall with respect to each child so employed or permitted work constitute a separate offense.

(1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who employs or permits or suffers any child to be employed or to work in violation of this subchapter or §§ 11-12-101 - 11-12-105 , or any rules issued thereunder, shall be subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation.

(2) Each day the violation continues shall with respect to each child so employed or permitted work constitute a separate offense.

(b) The Director of the Division of Labor shall determine the amount of such penalty and shall consider the appropriateness of such penalty to the size of the business and the gravity of the violation.

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

(d) The amount of penalty when finally determined may be recovered in a civil action brought by the director in a court of competent jurisdiction, without paying costs or giving bond for costs.

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

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

(g) In addition to the civil penalty provided by this section, the director is authorized to petition any court of competent jurisdiction, without paying costs or giving bond for costs, to enjoin or restrain any person, firm, corporation, partnership, or association who violates the provisions of this subchapter or §§ 11-12-101 - 11-12-105 , or any rule issued thereunder.

(h) (1) In addition to the civil penalties provided for in subsection (a) of this section, an employer who knowingly violates this subchapter is, upon conviction, guilty of a Class C misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class B misdemeanor.

(1) In addition to the civil penalties provided for in subsection (a) of this section, an employer who knowingly violates this subchapter is, upon conviction, guilty of a Class C misdemeanor.

(2) Upon a second or subsequent conviction, the employer is guilty of a Class B misdemeanor.

(i) (1) In addition to the civil penalties provided for in subsection (a) of this section and the criminal penalties provided for in subsection (h) of this section, an employer who knowingly violates this subchapter and the violation results in a serious physical injury to or death of a minor is, upon conviction, guilty of a Class A misdemeanor. (2) Upon a second or subsequent conviction, the employer is guilty of a Class C felony.

(1) In addition to the civil penalties provided for in subsection (a) of this section and the criminal penalties provided for in subsection (h) of this section, an employer who knowingly violates this subchapter and the violation results in a serious physical injury to or death of a minor is, upon conviction, guilty of a Class A misdemeanor.

(2) Upon a second or subsequent conviction, the employer is guilty of a Class C felony.

(j) An employer that willfully engages in any of the following actions is in violation of this subchapter and subject to a civil penalty of not less than one hundred dollars ($100) and not more than five thousand dollars ($5,000) for each violation: (1) Hinders or delays the director or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter; and (2) Falsifies records related to child labor.

(1) Hinders or delays the director or his or her authorized representative in the performance of his or her duties in the enforcement of this subchapter; and

(2) Falsifies records related to child labor.

(k) As used in this section, "employer" means every person, firm, corporation, partnership, stock association, agent, manager, representative, foreman, or other person having control or custody of any employment, place of employment, or of any employee.

Amended by Act 2023, No. 687,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 687,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 687,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 771, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 770, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5338, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5337, eff. 7/1/2019.

Init. Meas. 1914, No. 1, § 13, Acts 1915, p. 1505; C. & M. Dig., § 7099; Pope's Dig., § 9081; A.S.A. 1947, § 81-714; Acts 1991, No. 509, § 1; 2001, No. 577, § 7.
Ark. Code Ann. § 11-9-705 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-705
Nature of proceedings generally
Status: in_force

(a) Conduct of Hearing or Inquiry. (1) In making an investigation or inquiry or conducting a hearing, the Workers' Compensation Commission shall not be bound by technical or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct the hearing, in a manner as will best ascertain the rights of the parties. (2) Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made, or the hearing conducted, may be received in evidence and may, if corroborated by other evidence, be sufficient to establish the injury. (3) When deciding any issue, administrative law judges and the commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of evidence. (b) Hearings to be Public - Records. (1) (A) Hearings before the commission shall be open to the public and shall be stenographically reported, and the commission is authorized to contract for the reporting of the hearings. (B) The commission shall by rule provide for the preparation of a record of all hearings and other proceedings before it. (2) However, the commission shall not be required to stenographically report or prepare a record of joint petition hearings. Instead, the administrative law judge or legal advisor shall tape the hearing at no cost to the parties. (c) Introduction of Evidence. (1) (A) All oral evidence or documentary evidence shall be presented to the designated representative of the commission at the initial hearing on a controverted claim, which evidence shall be stenographically reported. (B) Each party shall present all evidence at the initial hearing. (C) (i) Further hearings for the purpose of introducing additional evidence will be granted only at the discretion of the hearing officer or commission. (ii) A request for a hearing for the introduction of additional evidence must show the substance of the evidence desired to be presented. (2) (A) Any party proposing to introduce medical reports or testimony of physicians at the hearing of a controverted claim shall, as a condition precedent to the right to do so, furnish to the opposing party and to the commission copies of the written reports of the physicians of their findings and opinions at least seven (7) days prior to the date of the hearing. However, if no written reports are available to a party, then the party shall, in lieu of furnishing the report, notify in writing the opposing party and the commission of the name and address of the physicians proposed to be used as witnesses at least seven (7) days prior to the hearing and the substance of their anticipated testimony. (B) If the opposing party desires to cross-examine the physician, he or she should notify the party who submits a medical report to him or her as soon as practicable, in order that he or she may make every effort to have the physician present for the hearing. (3) A party failing to observe the requirements of this subsection may not be allowed to introduce medical reports or testimony of physicians at a hearing, except in the discretion of the hearing officer or the commission. (4) The time periods may be waived by the consent of the parties. (d) Expert testimony shall not be allowed unless it satisfies the requirements of Federal Rule of Evidence 702 with annotations and amendments, that is, Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999). Amended by Act 2019, No. 315,§ 797, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 27, Acts 1949, p. 1420; Acts 1981, No. 290, § 11; A.S.A. 1947, § 81-1327; Acts 1993, No. 796, § 30; 2001, No. 1281, § 4.

(a) Conduct of Hearing or Inquiry. (1) In making an investigation or inquiry or conducting a hearing, the Workers' Compensation Commission shall not be bound by technical or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct the hearing, in a manner as will best ascertain the rights of the parties. (2) Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made, or the hearing conducted, may be received in evidence and may, if corroborated by other evidence, be sufficient to establish the injury. (3) When deciding any issue, administrative law judges and the commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of evidence.

(1) In making an investigation or inquiry or conducting a hearing, the Workers' Compensation Commission shall not be bound by technical or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter, but may make such investigation or inquiry, or conduct the hearing, in a manner as will best ascertain the rights of the parties.

(2) Declarations of a deceased employee concerning the injury in respect of which the investigation or inquiry is being made, or the hearing conducted, may be received in evidence and may, if corroborated by other evidence, be sufficient to establish the injury.

(3) When deciding any issue, administrative law judges and the commission shall determine, on the basis of the record as a whole, whether the party having the burden of proof on the issue has established it by a preponderance of evidence.

(b) Hearings to be Public - Records. (1) (A) Hearings before the commission shall be open to the public and shall be stenographically reported, and the commission is authorized to contract for the reporting of the hearings. (B) The commission shall by rule provide for the preparation of a record of all hearings and other proceedings before it. (2) However, the commission shall not be required to stenographically report or prepare a record of joint petition hearings. Instead, the administrative law judge or legal advisor shall tape the hearing at no cost to the parties.

(1) (A) Hearings before the commission shall be open to the public and shall be stenographically reported, and the commission is authorized to contract for the reporting of the hearings. (B) The commission shall by rule provide for the preparation of a record of all hearings and other proceedings before it.

(A) Hearings before the commission shall be open to the public and shall be stenographically reported, and the commission is authorized to contract for the reporting of the hearings.

(B) The commission shall by rule provide for the preparation of a record of all hearings and other proceedings before it.

(2) However, the commission shall not be required to stenographically report or prepare a record of joint petition hearings. Instead, the administrative law judge or legal advisor shall tape the hearing at no cost to the parties.

(c) Introduction of Evidence. (1) (A) All oral evidence or documentary evidence shall be presented to the designated representative of the commission at the initial hearing on a controverted claim, which evidence shall be stenographically reported. (B) Each party shall present all evidence at the initial hearing. (C) (i) Further hearings for the purpose of introducing additional evidence will be granted only at the discretion of the hearing officer or commission. (ii) A request for a hearing for the introduction of additional evidence must show the substance of the evidence desired to be presented. (2) (A) Any party proposing to introduce medical reports or testimony of physicians at the hearing of a controverted claim shall, as a condition precedent to the right to do so, furnish to the opposing party and to the commission copies of the written reports of the physicians of their findings and opinions at least seven (7) days prior to the date of the hearing. However, if no written reports are available to a party, then the party shall, in lieu of furnishing the report, notify in writing the opposing party and the commission of the name and address of the physicians proposed to be used as witnesses at least seven (7) days prior to the hearing and the substance of their anticipated testimony. (B) If the opposing party desires to cross-examine the physician, he or she should notify the party who submits a medical report to him or her as soon as practicable, in order that he or she may make every effort to have the physician present for the hearing. (3) A party failing to observe the requirements of this subsection may not be allowed to introduce medical reports or testimony of physicians at a hearing, except in the discretion of the hearing officer or the commission. (4) The time periods may be waived by the consent of the parties.

(1) (A) All oral evidence or documentary evidence shall be presented to the designated representative of the commission at the initial hearing on a controverted claim, which evidence shall be stenographically reported. (B) Each party shall present all evidence at the initial hearing. (C) (i) Further hearings for the purpose of introducing additional evidence will be granted only at the discretion of the hearing officer or commission. (ii) A request for a hearing for the introduction of additional evidence must show the substance of the evidence desired to be presented.

(A) All oral evidence or documentary evidence shall be presented to the designated representative of the commission at the initial hearing on a controverted claim, which evidence shall be stenographically reported.

(B) Each party shall present all evidence at the initial hearing.

(C) (i) Further hearings for the purpose of introducing additional evidence will be granted only at the discretion of the hearing officer or commission. (ii) A request for a hearing for the introduction of additional evidence must show the substance of the evidence desired to be presented.

(i) Further hearings for the purpose of introducing additional evidence will be granted only at the discretion of the hearing officer or commission.

(ii) A request for a hearing for the introduction of additional evidence must show the substance of the evidence desired to be presented.

(2) (A) Any party proposing to introduce medical reports or testimony of physicians at the hearing of a controverted claim shall, as a condition precedent to the right to do so, furnish to the opposing party and to the commission copies of the written reports of the physicians of their findings and opinions at least seven (7) days prior to the date of the hearing. However, if no written reports are available to a party, then the party shall, in lieu of furnishing the report, notify in writing the opposing party and the commission of the name and address of the physicians proposed to be used as witnesses at least seven (7) days prior to the hearing and the substance of their anticipated testimony. (B) If the opposing party desires to cross-examine the physician, he or she should notify the party who submits a medical report to him or her as soon as practicable, in order that he or she may make every effort to have the physician present for the hearing.

(A) Any party proposing to introduce medical reports or testimony of physicians at the hearing of a controverted claim shall, as a condition precedent to the right to do so, furnish to the opposing party and to the commission copies of the written reports of the physicians of their findings and opinions at least seven (7) days prior to the date of the hearing. However, if no written reports are available to a party, then the party shall, in lieu of furnishing the report, notify in writing the opposing party and the commission of the name and address of the physicians proposed to be used as witnesses at least seven (7) days prior to the hearing and the substance of their anticipated testimony.

(B) If the opposing party desires to cross-examine the physician, he or she should notify the party who submits a medical report to him or her as soon as practicable, in order that he or she may make every effort to have the physician present for the hearing.

(3) A party failing to observe the requirements of this subsection may not be allowed to introduce medical reports or testimony of physicians at a hearing, except in the discretion of the hearing officer or the commission.

(4) The time periods may be waived by the consent of the parties.

(d) Expert testimony shall not be allowed unless it satisfies the requirements of Federal Rule of Evidence 702 with annotations and amendments, that is, Daubert v. Merrell-Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999).

Amended by Act 2019, No. 315,§ 797, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 27, Acts 1949, p. 1420; Acts 1981, No. 290, § 11; A.S.A. 1947, § 81-1327; Acts 1993, No. 796, § 30; 2001, No. 1281, § 4.
Ark. Code Ann. § 11-7-208 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-208
Inspection of mines
Status: in_force

(a) The State Mine Inspector shall devote his or her entire time to the duties of the office. (b) (1) It shall be the duty of the mine inspector to examine all mines as often as necessary and not less often than once every three (3) months. (2) The employees of any mine, as contemplated by the mining laws of this state, shall have authority to call the mine inspector at any time in cases of emergency for the enforcement of the mining laws of this state. (c) Inspections shall be made, and the mine inspector shall keep a record of inspections, which shall be included in his annual report to the Governor, of: (1) The works and machinery used or operated by any mine; (2) The state and condition of the mines as to ventilation, circulation, and condition of the air, drainage, and the number of accidents, injuries, or deaths occurring in or about the mine, the number of persons employed, and the extent to which the laws relating to mines and mining are observed; and (3) The progress made in improvements for the safety and health sought to be obtained by the provisions of the mining laws of this state, together with all other such facts and information of public interest concerning the conditions of mine development and progress in this state as may be deemed useful and proper. (d) (1) Should the mine inspector find any violations of the mining laws of this state by any owner, lessee, or agent in charge of any mine, notice shall immediately be given to the owner, lessee, or agent in charge of the mine of the neglect or violation thereof, and, unless it is rectified within a reasonable time, the mine inspector shall institute a prosecution under the laws of the state. (2) If the mine inspector finds any matter, thing, or practice in or connected with a mine to be dangerous or defective, which makes it unsafe for persons employed therein, notice in writing to the owner, lessee, or agent of the dangerous or unsafe condition shall be given, and the condition shall be remedied by the owner, lessee, or agent without unnecessary delay. (e) (1) For the purpose of making the inspection and examination as contemplated by this section, the mine inspector shall have the right to enter any mine at any reasonable time, by day or night, but in such manner as shall not necessarily obstruct the workings of the mine. (2) The owner, lessee, or agent is required to furnish the means necessary for the entry and inspection. (3) The inspection and examination, as contemplated by this section, shall extend to all coal mines where the mines are operated by shaft, slope, or drift. Acts 1917, No. 130, § 4, p. 683; C. & M. Dig., § 7252; Pope's Dig., § 9308; A.S.A. 1947, § 52-405.

(a) The State Mine Inspector shall devote his or her entire time to the duties of the office.

(b) (1) It shall be the duty of the mine inspector to examine all mines as often as necessary and not less often than once every three (3) months. (2) The employees of any mine, as contemplated by the mining laws of this state, shall have authority to call the mine inspector at any time in cases of emergency for the enforcement of the mining laws of this state.

(1) It shall be the duty of the mine inspector to examine all mines as often as necessary and not less often than once every three (3) months.

(2) The employees of any mine, as contemplated by the mining laws of this state, shall have authority to call the mine inspector at any time in cases of emergency for the enforcement of the mining laws of this state.

(c) Inspections shall be made, and the mine inspector shall keep a record of inspections, which shall be included in his annual report to the Governor, of: (1) The works and machinery used or operated by any mine; (2) The state and condition of the mines as to ventilation, circulation, and condition of the air, drainage, and the number of accidents, injuries, or deaths occurring in or about the mine, the number of persons employed, and the extent to which the laws relating to mines and mining are observed; and (3) The progress made in improvements for the safety and health sought to be obtained by the provisions of the mining laws of this state, together with all other such facts and information of public interest concerning the conditions of mine development and progress in this state as may be deemed useful and proper.

(1) The works and machinery used or operated by any mine;

(2) The state and condition of the mines as to ventilation, circulation, and condition of the air, drainage, and the number of accidents, injuries, or deaths occurring in or about the mine, the number of persons employed, and the extent to which the laws relating to mines and mining are observed; and

(3) The progress made in improvements for the safety and health sought to be obtained by the provisions of the mining laws of this state, together with all other such facts and information of public interest concerning the conditions of mine development and progress in this state as may be deemed useful and proper.

(d) (1) Should the mine inspector find any violations of the mining laws of this state by any owner, lessee, or agent in charge of any mine, notice shall immediately be given to the owner, lessee, or agent in charge of the mine of the neglect or violation thereof, and, unless it is rectified within a reasonable time, the mine inspector shall institute a prosecution under the laws of the state. (2) If the mine inspector finds any matter, thing, or practice in or connected with a mine to be dangerous or defective, which makes it unsafe for persons employed therein, notice in writing to the owner, lessee, or agent of the dangerous or unsafe condition shall be given, and the condition shall be remedied by the owner, lessee, or agent without unnecessary delay.

(1) Should the mine inspector find any violations of the mining laws of this state by any owner, lessee, or agent in charge of any mine, notice shall immediately be given to the owner, lessee, or agent in charge of the mine of the neglect or violation thereof, and, unless it is rectified within a reasonable time, the mine inspector shall institute a prosecution under the laws of the state.

(2) If the mine inspector finds any matter, thing, or practice in or connected with a mine to be dangerous or defective, which makes it unsafe for persons employed therein, notice in writing to the owner, lessee, or agent of the dangerous or unsafe condition shall be given, and the condition shall be remedied by the owner, lessee, or agent without unnecessary delay.

(e) (1) For the purpose of making the inspection and examination as contemplated by this section, the mine inspector shall have the right to enter any mine at any reasonable time, by day or night, but in such manner as shall not necessarily obstruct the workings of the mine. (2) The owner, lessee, or agent is required to furnish the means necessary for the entry and inspection. (3) The inspection and examination, as contemplated by this section, shall extend to all coal mines where the mines are operated by shaft, slope, or drift.

(1) For the purpose of making the inspection and examination as contemplated by this section, the mine inspector shall have the right to enter any mine at any reasonable time, by day or night, but in such manner as shall not necessarily obstruct the workings of the mine.

(2) The owner, lessee, or agent is required to furnish the means necessary for the entry and inspection.

(3) The inspection and examination, as contemplated by this section, shall extend to all coal mines where the mines are operated by shaft, slope, or drift.

Acts 1917, No. 130, § 4, p. 683; C. & M. Dig., § 7252; Pope's Dig., § 9308; A.S.A. 1947, § 52-405.
Ark. Code Ann. § 11-9-716 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-716
Lump-sum attorney's fees
Status: in_force

(a) The Workers' Compensation Commission is authorized to approve lump-sum attorney's fees for legal services rendered in respect of a claim before the commission. (b) The lump-sum attorney's fees are allowable notwithstanding that the award of compensation to the injured employee is to be paid on an installment basis. (c) Lump-sum attorney's fees, if approved by the commission, shall be discounted at the rate provided in § 11-9-804 , as that provision may be amended from time to time. Acts 1979, No. 215, § 1; 1981, No. 631, § 4; A.S.A. 1947, § 81-1332.1.

(a) The Workers' Compensation Commission is authorized to approve lump-sum attorney's fees for legal services rendered in respect of a claim before the commission.

(b) The lump-sum attorney's fees are allowable notwithstanding that the award of compensation to the injured employee is to be paid on an installment basis.

(c) Lump-sum attorney's fees, if approved by the commission, shall be discounted at the rate provided in § 11-9-804 , as that provision may be amended from time to time.

Acts 1979, No. 215, § 1; 1981, No. 631, § 4; A.S.A. 1947, § 81-1332.1.
Ark. Code Ann. § 11-7-312 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-312
Medical and emergency supplies
Status: in_force

(a) There shall be kept in the engine room or at some nearby and convenient place at each mine a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher for the use of and to be used by persons who may receive injuries in or at the mines. (b) The agent, owner, lessee, or operator shall also provide and maintain at some convenient place a conveyance in which to take from the mines to their place of abode persons who may be injured. Acts 1905, No. 225, § 12, p. 567; C. & M. Dig., § 7281; Pope's Dig., § 9337; A.S.A. 1947, § 52-615.

(a) There shall be kept in the engine room or at some nearby and convenient place at each mine a supply of oils, bandages, blankets or covers for wraps, and a cot or stretcher for the use of and to be used by persons who may receive injuries in or at the mines.

(b) The agent, owner, lessee, or operator shall also provide and maintain at some convenient place a conveyance in which to take from the mines to their place of abode persons who may be injured.

Acts 1905, No. 225, § 12, p. 567; C. & M. Dig., § 7281; Pope's Dig., § 9337; A.S.A. 1947, § 52-615.