Ark. Code Ann. § 11-11-229 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-229
Records required
Status: in_force

(a) It shall be the duty of every employment agency to keep a complete record of all orders for employees that are received from prospective employers. This record shall contain the date when the order was received, the name and address of the employer seeking the services of an employee, the name of the individual placing the order, the duties of the position to be filled, the qualifications required of the employee, the salary or wages to be paid, and the probable duration of the job. (b) It shall be the duty of every employment agency to keep a complete record of each applicant who is referred by the agency to an employer for a job interview. This record shall contain the date when the applicant was referred to a prospective employer for a job or interview, the name of the applicant, and the name of the firm to whom the applicant is referred. (c) (1) It shall be the duty of every employment agency to keep a complete register called a "business transaction record", which shall consist of the name of the individual placed, the date of the placement, the name of the employer, the starting date of the position, the starting salary, the amount of the fee charged, and the remarks column. (2) The remarks column will state the amount of any adjustment or refund made. (d) (1) Prior to referral of any person to a job or interview or prior to placement of any job advertisement, an employment agency must have a current bona fide job order. (2) It shall be the duty of every employment agency to maintain a copy of any job advertisement and the job order pertaining to any advertisement in a readily available record. (e) All of the records listed in this section shall be kept in the employment agency office and shall be open during office hours to inspection by the Division of Labor and its duly authorized agents. (f) No employment agent or his or her employee shall knowingly make any false entry or omission in the records. Amended by Act 2019, No. 910,§ 5397, eff. 7/1/2019. Acts 1975, No. 493, § 11; A.S.A. 1947, § 81-1023.

(a) It shall be the duty of every employment agency to keep a complete record of all orders for employees that are received from prospective employers. This record shall contain the date when the order was received, the name and address of the employer seeking the services of an employee, the name of the individual placing the order, the duties of the position to be filled, the qualifications required of the employee, the salary or wages to be paid, and the probable duration of the job.

(b) It shall be the duty of every employment agency to keep a complete record of each applicant who is referred by the agency to an employer for a job interview. This record shall contain the date when the applicant was referred to a prospective employer for a job or interview, the name of the applicant, and the name of the firm to whom the applicant is referred.

(c) (1) It shall be the duty of every employment agency to keep a complete register called a "business transaction record", which shall consist of the name of the individual placed, the date of the placement, the name of the employer, the starting date of the position, the starting salary, the amount of the fee charged, and the remarks column. (2) The remarks column will state the amount of any adjustment or refund made.

(1) It shall be the duty of every employment agency to keep a complete register called a "business transaction record", which shall consist of the name of the individual placed, the date of the placement, the name of the employer, the starting date of the position, the starting salary, the amount of the fee charged, and the remarks column.

(2) The remarks column will state the amount of any adjustment or refund made.

(d) (1) Prior to referral of any person to a job or interview or prior to placement of any job advertisement, an employment agency must have a current bona fide job order. (2) It shall be the duty of every employment agency to maintain a copy of any job advertisement and the job order pertaining to any advertisement in a readily available record.

(1) Prior to referral of any person to a job or interview or prior to placement of any job advertisement, an employment agency must have a current bona fide job order.

(2) It shall be the duty of every employment agency to maintain a copy of any job advertisement and the job order pertaining to any advertisement in a readily available record.

(e) All of the records listed in this section shall be kept in the employment agency office and shall be open during office hours to inspection by the Division of Labor and its duly authorized agents.

(f) No employment agent or his or her employee shall knowingly make any false entry or omission in the records.

Amended by Act 2019, No. 910,§ 5397, eff. 7/1/2019.

Acts 1975, No. 493, § 11; A.S.A. 1947, § 81-1023.
Ark. Code Ann. § 11-10-309 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-309
Director - Publication of rules, reports, etc
Status: in_force

The Director of the Division of Workforce Services shall make available for distribution to the public the text of this chapter, his or her general and special rules, his or her annual report to the Governor, and any other material he or she deems relevant and suitable and shall furnish the materials to any person upon application therefor. Amended by Act 2019, No. 315,§ 810, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 196, eff. 7/1/2019. Acts 1941, No. 391, § 11; 1985, No. 8, § 15; 1985, No. 9, § 15; A.S.A. 1947, § 81-1114.

The Director of the Division of Workforce Services shall make available for distribution to the public the text of this chapter, his or her general and special rules, his or her annual report to the Governor, and any other material he or she deems relevant and suitable and shall furnish the materials to any person upon application therefor.

Amended by Act 2019, No. 315,§ 810, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 196, eff. 7/1/2019.

Acts 1941, No. 391, § 11; 1985, No. 8, § 15; 1985, No. 9, § 15; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-5-202 — AR Code / Title 11 / Chapter 5 / Subchapter 2 / Section 11-5-202
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019. Acts 1947, No. 350, § 1; A.S.A. 1947, § 81-414.

Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019.

Acts 1947, No. 350, § 1; A.S.A. 1947, § 81-414.
Ark. Code Ann. § 11-9-517 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-517
Medical services and supplies - Rules
Status: in_force

The Workers' Compensation Commission is authorized to establish rules, including schedules of maximum allowable fees for specified medical services rendered with respect to compensable injuries, for the purpose of controlling the cost of medical and hospital services and supplies provided pursuant to §§ 11-9-508 - 11-9-516 . Amended by Act 2019, No. 315,§ 794, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1986 (2nd Ex. Sess.), No. 10, § 4; A.S.A. 1947, § 81-1311.

The Workers' Compensation Commission is authorized to establish rules, including schedules of maximum allowable fees for specified medical services rendered with respect to compensable injuries, for the purpose of controlling the cost of medical and hospital services and supplies provided pursuant to §§ 11-9-508 - 11-9-516 .

Amended by Act 2019, No. 315,§ 794, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1986 (2nd Ex. Sess.), No. 10, § 4; A.S.A. 1947, § 81-1311.
Ark. Code Ann. § 11-11-216 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-216
Examination for licenses
Status: in_force

(a) (1) (A) Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent's, permanent agency manager's, or permanent counselor's license, the applicant shall be required to successfully complete a written examination prepared by the director. (B) The examination shall establish the competency of the applicant to: (i) Operate and conduct an employment agency; or (ii) Perform service as an agency manager or counselor for the agency. (2) No examination shall be required for renewal of any license issued pursuant to this subchapter unless the license has been suspended, revoked, or submitted late, causing the application to be treated as a new application. (b) The Division of Labor shall hold examinations at such times and places as it shall reasonably determine, except that examinations shall be given to license applicants at least once every sixty (60) days. (c) (1) An examination fee of five dollars ($5.00) shall be paid by each applicant in addition to the license fee. (2) The examination fee shall be retained by the division, whether or not the applicant successfully completes the examination. (3) The examination fee shall be forfeited if the applicant does not take the examination within three (3) months of the application date. Amended by Act 2019, No. 910,§ 5384, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5383, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5382, eff. 7/1/2019. Acts 1975, No. 493, § 10; A.S.A. 1947, § 81-1022; Acts 2007, No. 827, § 128.

(a) (1) (A) Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent's, permanent agency manager's, or permanent counselor's license, the applicant shall be required to successfully complete a written examination prepared by the director. (B) The examination shall establish the competency of the applicant to: (i) Operate and conduct an employment agency; or (ii) Perform service as an agency manager or counselor for the agency. (2) No examination shall be required for renewal of any license issued pursuant to this subchapter unless the license has been suspended, revoked, or submitted late, causing the application to be treated as a new application.

(1) (A) Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent's, permanent agency manager's, or permanent counselor's license, the applicant shall be required to successfully complete a written examination prepared by the director. (B) The examination shall establish the competency of the applicant to: (i) Operate and conduct an employment agency; or (ii) Perform service as an agency manager or counselor for the agency.

(A) Before the Director of the Division of Labor issues a license to an applicant for a permanent employment agent's, permanent agency manager's, or permanent counselor's license, the applicant shall be required to successfully complete a written examination prepared by the director.

(B) The examination shall establish the competency of the applicant to: (i) Operate and conduct an employment agency; or (ii) Perform service as an agency manager or counselor for the agency.

(i) Operate and conduct an employment agency; or

(ii) Perform service as an agency manager or counselor for the agency.

(2) No examination shall be required for renewal of any license issued pursuant to this subchapter unless the license has been suspended, revoked, or submitted late, causing the application to be treated as a new application.

(b) The Division of Labor shall hold examinations at such times and places as it shall reasonably determine, except that examinations shall be given to license applicants at least once every sixty (60) days.

(c) (1) An examination fee of five dollars ($5.00) shall be paid by each applicant in addition to the license fee. (2) The examination fee shall be retained by the division, whether or not the applicant successfully completes the examination. (3) The examination fee shall be forfeited if the applicant does not take the examination within three (3) months of the application date.

(1) An examination fee of five dollars ($5.00) shall be paid by each applicant in addition to the license fee.

(2) The examination fee shall be retained by the division, whether or not the applicant successfully completes the examination.

(3) The examination fee shall be forfeited if the applicant does not take the examination within three (3) months of the application date.

Amended by Act 2019, No. 910,§ 5384, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5383, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5382, eff. 7/1/2019.

Acts 1975, No. 493, § 10; A.S.A. 1947, § 81-1022; Acts 2007, No. 827, § 128.
Ark. Code Ann. § 11-2-203 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-203
Definition
Status: in_force

For the purpose of this subchapter, unless the context otherwise requires, the term "person" means one (1) or more individuals, joint ventures, partnerships, associations, corporations, states, municipalities, business trusts, legal representatives, or any organized group of employees. Amended by Act 2019, No. 910,§ 5301, eff. 7/1/2019. Acts 1979, No. 750, § 3; A.S.A. 1947, § 81-127.

For the purpose of this subchapter, unless the context otherwise requires, the term "person" means one (1) or more individuals, joint ventures, partnerships, associations, corporations, states, municipalities, business trusts, legal representatives, or any organized group of employees.

Amended by Act 2019, No. 910,§ 5301, eff. 7/1/2019.

Acts 1979, No. 750, § 3; A.S.A. 1947, § 81-127.
Ark. Code Ann. § 11-2-204 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-204
Records and information confidential
Status: in_force

(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any other information, whether written or not, obtained in the course of any employee's official duties, relating to or acquired in its or their official activities under the labor laws of the state or the rules lawfully promulgated by the Director of the Division of Labor, are confidential. (b) No confidential records or information shall be disclosed to any unauthorized person or be taken or withdrawn, copied, or removed from the custody of the service or its employees or former employees by any person or by any agent or representative of the person without the prior written consent of the representatives of both parties to the dispute involved. (c) All information and material prepared or received by officers or employees shall be held in strictest confidence. (d) Papers, reports, and copies thereof pertaining to or a part of dispute case files are not personal property but are the property of the state. (e) Officers or employees terminating their connection with the service shall not be allowed to either keep or obtain copies of dispute case material or other official papers. Furthermore, all information, whether written or not, obtained in the course of their official duties must, after termination of their connection with the service, be treated by former employees with the same confidentiality as if they were still connected with the service. Amended by Act 2019, No. 315,§ 754, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5302, eff. 7/1/2019. Acts 1979, No. 750, §§ 4, 7; A.S.A. 1947, §§ 81-128, 81-131.

(a) All files, reports, letters, memoranda, minutes, documents, or other papers in the official custody of the Arkansas Mediation and Conciliation Service or any of its employees, or any other information, whether written or not, obtained in the course of any employee's official duties, relating to or acquired in its or their official activities under the labor laws of the state or the rules lawfully promulgated by the Director of the Division of Labor, are confidential.

(b) No confidential records or information shall be disclosed to any unauthorized person or be taken or withdrawn, copied, or removed from the custody of the service or its employees or former employees by any person or by any agent or representative of the person without the prior written consent of the representatives of both parties to the dispute involved.

(c) All information and material prepared or received by officers or employees shall be held in strictest confidence.

(d) Papers, reports, and copies thereof pertaining to or a part of dispute case files are not personal property but are the property of the state.

(e) Officers or employees terminating their connection with the service shall not be allowed to either keep or obtain copies of dispute case material or other official papers. Furthermore, all information, whether written or not, obtained in the course of their official duties must, after termination of their connection with the service, be treated by former employees with the same confidentiality as if they were still connected with the service.

Amended by Act 2019, No. 315,§ 754, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5302, eff. 7/1/2019.

Acts 1979, No. 750, §§ 4, 7; A.S.A. 1947, §§ 81-128, 81-131.
Ark. Code Ann. § 11-10-530 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-530
Claims - Administrative appeal - Representation
Status: in_force

(a) The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review. (b) In any proceeding for judicial review pursuant to § 11-10-529 , the director may be represented by any qualified attorney employed by the director and designated by him or her for that purpose, or at the director's request by the Attorney General. Amended by Act 2019, No. 910,§ 260, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 9; 1953, No. 162, §§ 4-10; A.S.A. 1947, § 81-1107.

(a) The Director of the Division of Workforce Services shall be a party entitled to notice in any proceeding involving a claim for benefits before a special examiner, an appeal tribunal, or the Board of Review.

(b) In any proceeding for judicial review pursuant to § 11-10-529 , the director may be represented by any qualified attorney employed by the director and designated by him or her for that purpose, or at the director's request by the Attorney General.

Amended by Act 2019, No. 910,§ 260, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, § 9; 1953, No. 162, §§ 4-10; A.S.A. 1947, § 81-1107.
Ark. Code Ann. § 11-3-202 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-202
False statements or blacklists to prevent employment prohibited
Status: in_force

(a) (1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing, with or without a name signed thereto, sign with a fictitious name, or with any letter, mark, or other designation, or publish or cause to be published any false statement for the purpose of preventing another person from obtaining employment in this state or elsewhere shall, upon conviction, be adjudged guilty of a misdemeanor. (2) Every person who shall blacklist any person by writing, printing, or publishing, or causing any of these things to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any false statement concerning the person so named, or shall publish that anyone is a member of any secret organization, for the purpose of preventing that other person from securing employment, shall upon conviction be adjudged guilty of a misdemeanor. (3) Any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, or individual shall upon conviction be adjudged guilty of a misdemeanor. (b) A person convicted shall be fined in the sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned in the county jail for twelve (12) months, or both fined and imprisoned. Acts 1905, No. 214, § 1, p. 545; C. & M. Dig., § 7135; Pope's Dig., § 9121; A.S.A. 1947, § 81-211.

(a) (1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing, with or without a name signed thereto, sign with a fictitious name, or with any letter, mark, or other designation, or publish or cause to be published any false statement for the purpose of preventing another person from obtaining employment in this state or elsewhere shall, upon conviction, be adjudged guilty of a misdemeanor. (2) Every person who shall blacklist any person by writing, printing, or publishing, or causing any of these things to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any false statement concerning the person so named, or shall publish that anyone is a member of any secret organization, for the purpose of preventing that other person from securing employment, shall upon conviction be adjudged guilty of a misdemeanor. (3) Any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, or individual shall upon conviction be adjudged guilty of a misdemeanor.

(1) In this state, every person who shall send or deliver, make or cause to be made for the purpose of being delivered or sent, part with the possession of any paper, letter, or writing, with or without a name signed thereto, sign with a fictitious name, or with any letter, mark, or other designation, or publish or cause to be published any false statement for the purpose of preventing another person from obtaining employment in this state or elsewhere shall, upon conviction, be adjudged guilty of a misdemeanor.

(2) Every person who shall blacklist any person by writing, printing, or publishing, or causing any of these things to be done, the name or any mark or designation representing the name of any person in any paper, pamphlet, circular, or book, together with any false statement concerning the person so named, or shall publish that anyone is a member of any secret organization, for the purpose of preventing that other person from securing employment, shall upon conviction be adjudged guilty of a misdemeanor.

(3) Any person who shall do any of the things mentioned in this section for the purpose of causing the discharge of any person employed by any railroad or other company, corporation, or individual shall upon conviction be adjudged guilty of a misdemeanor.

(b) A person convicted shall be fined in the sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) or imprisoned in the county jail for twelve (12) months, or both fined and imprisoned.

Acts 1905, No. 214, § 1, p. 545; C. & M. Dig., § 7135; Pope's Dig., § 9121; A.S.A. 1947, § 81-211.
Ark. Code Ann. § 11-10-606 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-606
Effective date and duration of plan
Status: in_force

(a) A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Director of the Division of Workforce Services but no earlier than the date of approval of the plan by the director. (b) (1) It shall expire at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, provided that the plan is not previously revoked by the director. (2) If a plan is revoked by the director, it shall terminate on the date specified in the director's written order of revocation. Amended by Act 2019, No. 910,§ 278, eff. 7/1/2019. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 9; 1991, No. 100, § 38.

(a) A plan shall be effective on the date specified in the plan or on a date mutually agreed upon by the employer and the Director of the Division of Workforce Services but no earlier than the date of approval of the plan by the director.

(b) (1) It shall expire at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, provided that the plan is not previously revoked by the director. (2) If a plan is revoked by the director, it shall terminate on the date specified in the director's written order of revocation.

(1) It shall expire at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, provided that the plan is not previously revoked by the director.

(2) If a plan is revoked by the director, it shall terminate on the date specified in the director's written order of revocation.

Amended by Act 2019, No. 910,§ 278, eff. 7/1/2019.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 9; 1991, No. 100, § 38.
Ark. Code Ann. § 11-9-212 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-212
Workers' Compensation Commission - Fund transfers
Status: in_force

After receiving approval from the Chief Fiscal Officer of the State, the Chief Executive Officer of the Workers' Compensation Commission, after receiving approval of the Workers' Compensation Commission, may transfer funds from the Second Injury Trust Fund to the Death and Permanent Total Disability Trust Fund or the Workers' Compensation Fund, or both. Added by Act 2023, No. 341,§ 10, eff. 7/1/2023.

After receiving approval from the Chief Fiscal Officer of the State, the Chief Executive Officer of the Workers' Compensation Commission, after receiving approval of the Workers' Compensation Commission, may transfer funds from the Second Injury Trust Fund to the Death and Permanent Total Disability Trust Fund or the Workers' Compensation Fund, or both.

Added by Act 2023, No. 341,§ 10, eff. 7/1/2023.
Ark. Code Ann. § 11-9-401 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-401
Employer's liability for compensation
Status: in_force

(a) (1) Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury. (2) There shall be no liability for compensation under this chapter where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death. (b) The primary obligation to pay compensation is upon the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this chapter shall not relieve the employer of the obligation. Init. Meas. 1948, No. 4, § 5, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 3; A.S.A. 1947, § 81-1305; reen. Acts 1987, No. 1015, § 3; Acts 1993, No. 796, § 9.

(a) (1) Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury. (2) There shall be no liability for compensation under this chapter where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.

(1) Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury.

(2) There shall be no liability for compensation under this chapter where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.

(b) The primary obligation to pay compensation is upon the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this chapter shall not relieve the employer of the obligation.

Init. Meas. 1948, No. 4, § 5, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 3; A.S.A. 1947, § 81-1305; reen. Acts 1987, No. 1015, § 3; Acts 1993, No. 796, § 9.
Ark. Code Ann. § 11-11-222 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-222
Refusal, suspension, or revocation of license - Notice and hearing
Status: in_force

(a) (1) The Director of the Division of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard on the charges. (2) At the time that written charges are furnished to an employment agency, the director shall make available to the agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which charges have been filed by the director. (3) The agency shall be given at least twenty (20) days' written notice of the date and time of the hearing. The notice shall conform to the standards for notices set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) The notice shall be sent by certified mail, return receipt requested, to the address of the person as shown on his or her application for license, or it may be served in the manner in which a summons is served in civil cases commenced in the circuit courts of this state. (b) (1) At the time and place fixed for the hearing, the director shall hold the hearing and thereafter make his or her order either dismissing the charges or refusing, suspending, or revoking the license. (2) (A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her. (B) (i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed. (ii) The subpoenas shall be issued by the director. (c) (1) A stenographic record of all proceedings shall be made, and a transcript of the proceedings shall be made if desired by the Division of Labor or by the accused. (2) The transcript shall be paid for by the party ordering it. Amended by Act 2019, No. 910,§ 5390, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5389, eff. 7/1/2019. Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.

(a) (1) The Director of the Division of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard on the charges. (2) At the time that written charges are furnished to an employment agency, the director shall make available to the agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which charges have been filed by the director. (3) The agency shall be given at least twenty (20) days' written notice of the date and time of the hearing. The notice shall conform to the standards for notices set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (4) The notice shall be sent by certified mail, return receipt requested, to the address of the person as shown on his or her application for license, or it may be served in the manner in which a summons is served in civil cases commenced in the circuit courts of this state.

(1) The Director of the Division of Labor may not refuse to issue a license or suspend or revoke a license unless it furnishes the person, employment agent, agency manager, or employment counselor with a written statement of the charges against him or her and affords him or her an opportunity to be heard on the charges.

(2) At the time that written charges are furnished to an employment agency, the director shall make available to the agency a signed written statement by any individual having filed a complaint with the director relative to the matter for which charges have been filed by the director.

(3) The agency shall be given at least twenty (20) days' written notice of the date and time of the hearing. The notice shall conform to the standards for notices set forth in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(4) The notice shall be sent by certified mail, return receipt requested, to the address of the person as shown on his or her application for license, or it may be served in the manner in which a summons is served in civil cases commenced in the circuit courts of this state.

(b) (1) At the time and place fixed for the hearing, the director shall hold the hearing and thereafter make his or her order either dismissing the charges or refusing, suspending, or revoking the license. (2) (A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her. (B) (i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed. (ii) The subpoenas shall be issued by the director.

(1) At the time and place fixed for the hearing, the director shall hold the hearing and thereafter make his or her order either dismissing the charges or refusing, suspending, or revoking the license.

(2) (A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her. (B) (i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed. (ii) The subpoenas shall be issued by the director.

(A) At the hearing, the accused shall have the right to appear personally and by counsel and to cross-examine witnesses against him or her.

(B) (i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed. (ii) The subpoenas shall be issued by the director.

(i) He or she shall be allowed to produce evidence and witnesses in his or her defense and shall have the right to have witnesses subpoenaed.

(ii) The subpoenas shall be issued by the director.

(c) (1) A stenographic record of all proceedings shall be made, and a transcript of the proceedings shall be made if desired by the Division of Labor or by the accused. (2) The transcript shall be paid for by the party ordering it.

(1) A stenographic record of all proceedings shall be made, and a transcript of the proceedings shall be made if desired by the Division of Labor or by the accused.

(2) The transcript shall be paid for by the party ordering it.

Amended by Act 2019, No. 910,§ 5390, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5389, eff. 7/1/2019.

Acts 1975, No. 493, § 13; A.S.A. 1947, § 81-1025.
Ark. Code Ann. § 11-5-305 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-305
Penalty for violations
Status: in_force

(a) Every person, firm, corporation, or association who violates any of the provisions of this subchapter shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and in addition thereof, if the violation results in physical or electrical contact with any energized overhead electrical line or conductor, and the violation is a proximate cause of any damage or injury to person or property, then the person, firm, corporation, or association violating the provisions of this subchapter shall be liable to the owner or operator of the electrical line or conductor for all damage to the facilities and for all loss, cost, and damages, including attorney's fees, incurred by way of property damage or personal injury by the owner or operator as a result of any such accidental contact. (b) The provisions of this section shall not apply to public utilities engaged in business in the State of Arkansas, nor their direct employees, nor to persons owning, leasing, or otherwise possessing a legal interest in the land upon which the energized overhead electrical line is located. Acts 1963, No. 148, § 10; A.S.A. 1947, § 81-1410; Acts 1989, No. 752, § 10.

(a) Every person, firm, corporation, or association who violates any of the provisions of this subchapter shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000); and in addition thereof, if the violation results in physical or electrical contact with any energized overhead electrical line or conductor, and the violation is a proximate cause of any damage or injury to person or property, then the person, firm, corporation, or association violating the provisions of this subchapter shall be liable to the owner or operator of the electrical line or conductor for all damage to the facilities and for all loss, cost, and damages, including attorney's fees, incurred by way of property damage or personal injury by the owner or operator as a result of any such accidental contact.

(b) The provisions of this section shall not apply to public utilities engaged in business in the State of Arkansas, nor their direct employees, nor to persons owning, leasing, or otherwise possessing a legal interest in the land upon which the energized overhead electrical line is located.

Acts 1963, No. 148, § 10; A.S.A. 1947, § 81-1410; Acts 1989, No. 752, § 10.
Ark. Code Ann. § 11-13-109 — AR Code / Title 11 / Chapter 13 / Section 11-13-109
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1151,§ 3, eff. 8/16/2013. Acts 1993, No. 1232, § 10.

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

Acts 1993, No. 1232, § 10.
Ark. Code Ann. § 11-10-707 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-707
Future rates - Definitions - Notifications
Status: in_force

(a) (1) As used in §§ 11-10-701 - 11-10-715 : (A) The term "annual payroll" means the total amount of taxable wages paid during a calendar year by an employer for employment and for the employer who has had three (3) or more years of benefit risk experience; and (B) The term "average annual payroll" means the average of the annual payrolls for the last three (3) or the five (5) preceding calendar years, whichever is the lesser. (2) (A) However, with respect to rate years beginning January 1, 1972, and thereafter, an employer who has been subject to three (3) or more years of benefit risk may voluntarily elect to be rated each year on the basis of total taxable wages paid during the preceding calendar year instead of the average of the annual payrolls for the last three (3) or last five (5) preceding calendar years, whichever is the lesser. (B) A voluntary election by an employer shall be made at the time and in the manner prescribed by rules of the Director of the Division of Workforce Services. (C) Any voluntary election so made shall be irrevocable, except with respect to an employer who acquires the experience of the electing employer under the provision of § 11-10-710 . (b) The director shall for each rate year: (1) (A) (i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account. (ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section. (B) (i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii) , an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits. (ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and (2) Notify each employer of the employer's rate of contribution as determined pursuant to §§ 11-10-701 - 11-10-715 . (c) (1) (A) The notice shall contain the contribution rate, and if the employer is eligible for an experience rating, the factors used in determining the individual employer's experience rate, together with any other information the director may think necessary. (B) (i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor. (ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined. (C) The employer shall be promptly notified by mailing to the employer's last known address the denial of the employer's application or of the redetermination, both of which shall become final and conclusive at the date of mailing of notification thereof. (2) An employer may appeal from the determination of the director to the circuit court by filing a petition with the clerk of the circuit court in the county of the employer's residence or in the Pulaski County Circuit Court within thirty (30) days of the mailing to the employer of notice of the determination. (d) As used in §§ 11-10-703 - 11-10-708 , an employer's "year of benefit risk" means a twelve-month period ending on June 30 throughout which any individual in the employer's employ could have received benefits chargeable to the employer's account. Amended by Act 2019, No. 315,§ 829, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 289, eff. 7/1/2019. Acts 1941, No. 391, § 7; 1943, No. 138, § 13; 1947, No. 398, § 6; 1949, No. 155, § 10; 1953, No. 162, § 13; 1955, No. 395, § 24; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1985, No. 8, § 9; 1985, No. 9, § 9; A.S.A. 1947, § 81-1108; Acts 1989, No. 420, § 11; 1993, No. 6, § 15; 2001, No. 1367, § 10; 2007, No. 490, §§ 12, 13.

(a) (1) As used in §§ 11-10-701 - 11-10-715 : (A) The term "annual payroll" means the total amount of taxable wages paid during a calendar year by an employer for employment and for the employer who has had three (3) or more years of benefit risk experience; and (B) The term "average annual payroll" means the average of the annual payrolls for the last three (3) or the five (5) preceding calendar years, whichever is the lesser. (2) (A) However, with respect to rate years beginning January 1, 1972, and thereafter, an employer who has been subject to three (3) or more years of benefit risk may voluntarily elect to be rated each year on the basis of total taxable wages paid during the preceding calendar year instead of the average of the annual payrolls for the last three (3) or last five (5) preceding calendar years, whichever is the lesser. (B) A voluntary election by an employer shall be made at the time and in the manner prescribed by rules of the Director of the Division of Workforce Services. (C) Any voluntary election so made shall be irrevocable, except with respect to an employer who acquires the experience of the electing employer under the provision of § 11-10-710 .

(1) As used in §§ 11-10-701 - 11-10-715 : (A) The term "annual payroll" means the total amount of taxable wages paid during a calendar year by an employer for employment and for the employer who has had three (3) or more years of benefit risk experience; and (B) The term "average annual payroll" means the average of the annual payrolls for the last three (3) or the five (5) preceding calendar years, whichever is the lesser.

(A) The term "annual payroll" means the total amount of taxable wages paid during a calendar year by an employer for employment and for the employer who has had three (3) or more years of benefit risk experience; and

(B) The term "average annual payroll" means the average of the annual payrolls for the last three (3) or the five (5) preceding calendar years, whichever is the lesser.

(2) (A) However, with respect to rate years beginning January 1, 1972, and thereafter, an employer who has been subject to three (3) or more years of benefit risk may voluntarily elect to be rated each year on the basis of total taxable wages paid during the preceding calendar year instead of the average of the annual payrolls for the last three (3) or last five (5) preceding calendar years, whichever is the lesser. (B) A voluntary election by an employer shall be made at the time and in the manner prescribed by rules of the Director of the Division of Workforce Services. (C) Any voluntary election so made shall be irrevocable, except with respect to an employer who acquires the experience of the electing employer under the provision of § 11-10-710 .

(A) However, with respect to rate years beginning January 1, 1972, and thereafter, an employer who has been subject to three (3) or more years of benefit risk may voluntarily elect to be rated each year on the basis of total taxable wages paid during the preceding calendar year instead of the average of the annual payrolls for the last three (3) or last five (5) preceding calendar years, whichever is the lesser.

(B) A voluntary election by an employer shall be made at the time and in the manner prescribed by rules of the Director of the Division of Workforce Services.

(C) Any voluntary election so made shall be irrevocable, except with respect to an employer who acquires the experience of the electing employer under the provision of § 11-10-710 .

(b) The director shall for each rate year: (1) (A) (i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account. (ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section. (B) (i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii) , an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits. (ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and (2) Notify each employer of the employer's rate of contribution as determined pursuant to §§ 11-10-701 - 11-10-715 .

(1) (A) (i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account. (ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section. (B) (i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii) , an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits. (ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and

(A) (i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account. (ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section.

(i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account.

(ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section.

(B) (i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii) , an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits. (ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and

(i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii) , an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits.

(ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and

(2) Notify each employer of the employer's rate of contribution as determined pursuant to §§ 11-10-701 - 11-10-715 .

(c) (1) (A) The notice shall contain the contribution rate, and if the employer is eligible for an experience rating, the factors used in determining the individual employer's experience rate, together with any other information the director may think necessary. (B) (i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor. (ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined. (C) The employer shall be promptly notified by mailing to the employer's last known address the denial of the employer's application or of the redetermination, both of which shall become final and conclusive at the date of mailing of notification thereof. (2) An employer may appeal from the determination of the director to the circuit court by filing a petition with the clerk of the circuit court in the county of the employer's residence or in the Pulaski County Circuit Court within thirty (30) days of the mailing to the employer of notice of the determination.

(1) (A) The notice shall contain the contribution rate, and if the employer is eligible for an experience rating, the factors used in determining the individual employer's experience rate, together with any other information the director may think necessary. (B) (i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor. (ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined. (C) The employer shall be promptly notified by mailing to the employer's last known address the denial of the employer's application or of the redetermination, both of which shall become final and conclusive at the date of mailing of notification thereof.

(A) The notice shall contain the contribution rate, and if the employer is eligible for an experience rating, the factors used in determining the individual employer's experience rate, together with any other information the director may think necessary.

(B) (i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor. (ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined.

(i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor.

(ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined.

(C) The employer shall be promptly notified by mailing to the employer's last known address the denial of the employer's application or of the redetermination, both of which shall become final and conclusive at the date of mailing of notification thereof.

(2) An employer may appeal from the determination of the director to the circuit court by filing a petition with the clerk of the circuit court in the county of the employer's residence or in the Pulaski County Circuit Court within thirty (30) days of the mailing to the employer of notice of the determination.

(d) As used in §§ 11-10-703 - 11-10-708 , an employer's "year of benefit risk" means a twelve-month period ending on June 30 throughout which any individual in the employer's employ could have received benefits chargeable to the employer's account.

Amended by Act 2019, No. 315,§ 829, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 289, eff. 7/1/2019.

Acts 1941, No. 391, § 7; 1943, No. 138, § 13; 1947, No. 398, § 6; 1949, No. 155, § 10; 1953, No. 162, § 13; 1955, No. 395, § 24; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1985, No. 8, § 9; 1985, No. 9, § 9; A.S.A. 1947, § 81-1108; Acts 1989, No. 420, § 11; 1993, No. 6, § 15; 2001, No. 1367, § 10; 2007, No. 490, §§ 12, 13.
Ark. Code Ann. § 11-9-603 — AR Code / Title 11 / Chapter 9 / Subchapter 6 / Section 11-9-603
Practice and procedure
Status: in_force

(a) (1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death. (2) (A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof. (B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter. (b) An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or undue influence or of change of condition, and then only upon application by a party in interest made not later than one (1) year after the denial of award or, where compensation has been awarded, after the award or the date when the last payment was made under the award, except in cases of silicosis or asbestosis, where the time limit shall be two (2) years. Init. Meas. 1948, No. 4, § 14, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 11; A.S.A. 1947, § 81-1314; reen. Acts 1987, No. 1015, § 11.

(a) (1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death. (2) (A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof. (B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter.

(1) Except as otherwise provided in this subchapter, procedure with respect to notice of disability or death and as to the filing of claims and determination of claims shall be the same as in cases of accidental injury or death.

(2) (A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof. (B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter.

(A) Written notice shall be given to the employer of an occupational disease by the employee, or someone in his or her behalf, within ninety (90) days after the first distinct manifestation thereof.

(B) In the case of death from an occupational disease, written notice of death shall also be given to the employer within ninety (90) days thereafter.

(b) An award or denial of award of compensation for an occupational disease may be reviewed and compensation increased, reduced, or terminated where previously awarded, or awarded where previously denied, only upon proof of fraud or undue influence or of change of condition, and then only upon application by a party in interest made not later than one (1) year after the denial of award or, where compensation has been awarded, after the award or the date when the last payment was made under the award, except in cases of silicosis or asbestosis, where the time limit shall be two (2) years.

Init. Meas. 1948, No. 4, § 14, Acts 1949, p. 1420; Acts 1975 (Extended Sess., 1976), No. 1227, § 11; A.S.A. 1947, § 81-1314; reen. Acts 1987, No. 1015, § 11.
Ark. Code Ann. § 11-7-203 — AR Code / Title 11 / Chapter 7 / Subchapter 2 / Section 11-7-203
Prosecution of violations
Status: in_force

It shall be and is made the duty of the prosecuting attorney in the district wherein the State Mine Inspector shall arrest or cause to be arrested any person violating the provisions of the mining laws of the state to at once take charge of and prosecute the person with reasonable diligence. Acts 1917, No. 130, § 7, p. 683; C. & M. Dig., § 7257; Pope's Dig., § 9313; A.S.A. 1947, § 52-411.

It shall be and is made the duty of the prosecuting attorney in the district wherein the State Mine Inspector shall arrest or cause to be arrested any person violating the provisions of the mining laws of the state to at once take charge of and prosecute the person with reasonable diligence.

Acts 1917, No. 130, § 7, p. 683; C. & M. Dig., § 7257; Pope's Dig., § 9313; A.S.A. 1947, § 52-411.
Ark. Code Ann. § 11-10-322 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-322
Employment Security Administration Fund - Reimbursement of the fund
Status: in_force

(a) If any money in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act or the Wagner-Peyser Act, is found by the United States Secretary of Labor, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States Secretary of Labor for the proper administration of the employment security program, it is the policy of this state that the money shall be replaced by money appropriated for that purpose by the state to the fund for expenditure as provided in this chapter. (b) Upon receipt of such a finding by the United States Secretary of Labor, the Director of the Division of Workforce Services shall promptly report the amount required for the replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly a request for the appropriation of that amount. Amended by Act 2019, No. 910,§ 228, eff. 7/1/2019. Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 24; 1985, No. 9, § 24; A.S.A. 1947, § 81-1116; Acts 1991, No. 100, § 23.

(a) If any money in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act or the Wagner-Peyser Act, is found by the United States Secretary of Labor, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States Secretary of Labor for the proper administration of the employment security program, it is the policy of this state that the money shall be replaced by money appropriated for that purpose by the state to the fund for expenditure as provided in this chapter.

(b) Upon receipt of such a finding by the United States Secretary of Labor, the Director of the Division of Workforce Services shall promptly report the amount required for the replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly a request for the appropriation of that amount.

Amended by Act 2019, No. 910,§ 228, eff. 7/1/2019.

Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 24; 1985, No. 9, § 24; A.S.A. 1947, § 81-1116; Acts 1991, No. 100, § 23.
Ark. Code Ann. § 11-3-301 — AR Code / Title 11 / Chapter 3 / Subchapter 3 / Section 11-3-301
Policy
Status: in_force

Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34. Acts 1947, No. 101, § 1; A.S.A. 1947, § 81-201.

Freedom of organized labor to bargain collectively and freedom of unorganized labor to bargain individually is declared to be the public policy of the state under Arkansas Constitution, Amendment 34.

Acts 1947, No. 101, § 1; A.S.A. 1947, § 81-201.
Ark. Code Ann. § 11-10-318 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-318
Employing unit to keep and report work records
Status: in_force

(a) (1) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Director of the Division of Workforce Services may prescribe. (2) The records shall be open to inspection and be subject to being copied by the director or his or her authorized representatives at any reasonable time and as often as may be necessary. (b) The director, the Board of Review, and the chair of any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or she or the board deems necessary for the effective administration of this chapter. Amended by Act 2019, No. 910,§ 224, eff. 7/1/2019. Acts 1941, No. 391, § 11; 1943, No. 138, § 15; A.S.A. 1947, § 81-1114.

(a) (1) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Director of the Division of Workforce Services may prescribe. (2) The records shall be open to inspection and be subject to being copied by the director or his or her authorized representatives at any reasonable time and as often as may be necessary.

(1) Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Director of the Division of Workforce Services may prescribe.

(2) The records shall be open to inspection and be subject to being copied by the director or his or her authorized representatives at any reasonable time and as often as may be necessary.

(b) The director, the Board of Review, and the chair of any appeal tribunal may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which he or she or the board deems necessary for the effective administration of this chapter.

Amended by Act 2019, No. 910,§ 224, eff. 7/1/2019.

Acts 1941, No. 391, § 11; 1943, No. 138, § 15; A.S.A. 1947, § 81-1114.
Ark. Code Ann. § 11-10-515 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-515
Disqualification - Failure or refusal to apply for or accept suitable work
Status: in_force

(a) (1) (A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause: (i) To apply for available suitable work when so directed by a Division of Workforce Services office; (ii) To accept available suitable work when offered within five (5) business days of the offer of a job; or (iii) (a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview. (b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance. (c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section. (B) The disqualification under subdivision (a)(1)(A) of this section shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States. (2) (A) An individual who applies for benefits is disqualified for benefits if he or she was rejected for offered employment as the direct result of a failure: (i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or (ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work. (B) The disqualification under subdivision (a)(2)(A) of this section shall continue until subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount. (b) (1) No individual shall be disqualified from the receipt of benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of provisions in subsection (a) of this section. (2) For the purpose of this subsection, the approval of the director shall be based on the following considerations: (A) The claimant's skills must be either obsolete or the demands for his or her skills in his or her labor market must be such as to make employment opportunities for him or her in that labor market minimal and not likely to improve; (B) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (C) The training must be for an occupation for which there is a substantial and recurring demand; and (D) The claimant must produce evidence of continued attendance and satisfactory progress. (c) (1) In determining whether or not any work is suitable for an individual and in determining the existence of good cause for voluntarily leaving his or her work under § 11-10-513 , there shall be considered, among other factors and in addition to those enumerated in subsection (d) of this section, the degree of risk involved to his or her health, safety, and morals, his or her physical fitness and prior training, his or her experience and prior earnings, the length of his or her unemployment, his or her prospects for obtaining work in his or her customary occupation, the distance of available work from his or her residence, and prospects for obtaining local work. (2) Work offered to an individual by a base-period or last employer at earnings equal to or greater than the individual earned from the base-period or last employer shall be deemed to be suitable work unless any of the factors above are applicable and it would be contrary to good conscience to deem the work suitable. (d) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due to a strike, lockout, or other labor dispute; (2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or (3) If as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization. Amended by Act 2023, No. 106,§ 2, eff. 1/1/2024. Amended by Act 2019, No. 453,§ 6, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 243, eff. 7/1/2019. Amended by Act 2015, No. 690,§ 2, eff. 7/1/2015. Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1949, No. 155, § 5; 1955, No. 395, § 13; 1971, No. 35, § 9; A.S.A. 1947, § 81-1106; Acts 1991, No. 100, § 28; 1997, No. 234, § 13; 2001, No. 755, § 1; 2007, No. 454, § 2; 2011, No. 861, § 5.

(a) (1) (A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause: (i) To apply for available suitable work when so directed by a Division of Workforce Services office; (ii) To accept available suitable work when offered within five (5) business days of the offer of a job; or (iii) (a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview. (b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance. (c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section. (B) The disqualification under subdivision (a)(1)(A) of this section shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States. (2) (A) An individual who applies for benefits is disqualified for benefits if he or she was rejected for offered employment as the direct result of a failure: (i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or (ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work. (B) The disqualification under subdivision (a)(2)(A) of this section shall continue until subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.

(1) (A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause: (i) To apply for available suitable work when so directed by a Division of Workforce Services office; (ii) To accept available suitable work when offered within five (5) business days of the offer of a job; or (iii) (a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview. (b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance. (c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section. (B) The disqualification under subdivision (a)(1)(A) of this section shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.

(A) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she has failed without good cause: (i) To apply for available suitable work when so directed by a Division of Workforce Services office; (ii) To accept available suitable work when offered within five (5) business days of the offer of a job; or (iii) (a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview. (b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance. (c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section.

(i) To apply for available suitable work when so directed by a Division of Workforce Services office;

(ii) To accept available suitable work when offered within five (5) business days of the offer of a job; or

(iii) (a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview. (b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance. (c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section.

(a) To appear for a previously scheduled job interview on at least two (2) occasions without notifying the prospective employer of the need to cancel or reschedule the job interview.

(b) A prospective employer may notify the division of the individual's failure to appear for a scheduled job interview through an online portal established by the division or through an email or telephone number designated for reporting noncompliance.

(c) Before the director disqualifies an individual from a week of unemployment compensation benefits for noncompliance under this subdivision (a)(1)(A)(iii), the director shall verify the information submitted by the employer under subdivision (a)(1)(A)(iii) (b) of this section.

(B) The disqualification under subdivision (a)(1)(A) of this section shall continue until, subsequent to the effective date of the disqualification, he or she has had at least thirty (30) days of employment covered by an unemployment compensation law of this state, another state, or the United States.

(2) (A) An individual who applies for benefits is disqualified for benefits if he or she was rejected for offered employment as the direct result of a failure: (i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or (ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work. (B) The disqualification under subdivision (a)(2)(A) of this section shall continue until subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.

(A) An individual who applies for benefits is disqualified for benefits if he or she was rejected for offered employment as the direct result of a failure: (i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or (ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work.

(i) To appear for a United States Department of Transportation-qualified drug screen after having received a bona fide job offer of suitable work subject to passage of the drug screen; or

(ii) To pass a United States Department of Transportation-qualified drug screen by testing positive for an illegal drug after having received a bona fide job offer of suitable work.

(B) The disqualification under subdivision (a)(2)(A) of this section shall continue until subsequent to the date of the disqualification, the claimant has been paid wages in two (2) quarters for insured work totaling not less than thirty-five (35) times his or her weekly benefit amount.

(b) (1) No individual shall be disqualified from the receipt of benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of provisions in subsection (a) of this section. (2) For the purpose of this subsection, the approval of the director shall be based on the following considerations: (A) The claimant's skills must be either obsolete or the demands for his or her skills in his or her labor market must be such as to make employment opportunities for him or her in that labor market minimal and not likely to improve; (B) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (C) The training must be for an occupation for which there is a substantial and recurring demand; and (D) The claimant must produce evidence of continued attendance and satisfactory progress.

(1) No individual shall be disqualified from the receipt of benefits with respect to any week in which he or she is in training with the approval of the director by reason of the application of provisions in subsection (a) of this section.

(2) For the purpose of this subsection, the approval of the director shall be based on the following considerations: (A) The claimant's skills must be either obsolete or the demands for his or her skills in his or her labor market must be such as to make employment opportunities for him or her in that labor market minimal and not likely to improve; (B) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining; (C) The training must be for an occupation for which there is a substantial and recurring demand; and (D) The claimant must produce evidence of continued attendance and satisfactory progress.

(A) The claimant's skills must be either obsolete or the demands for his or her skills in his or her labor market must be such as to make employment opportunities for him or her in that labor market minimal and not likely to improve;

(B) The claimant must possess aptitudes or skills which can be usefully supplemented within a short time by retraining;

(C) The training must be for an occupation for which there is a substantial and recurring demand; and

(D) The claimant must produce evidence of continued attendance and satisfactory progress.

(c) (1) In determining whether or not any work is suitable for an individual and in determining the existence of good cause for voluntarily leaving his or her work under § 11-10-513 , there shall be considered, among other factors and in addition to those enumerated in subsection (d) of this section, the degree of risk involved to his or her health, safety, and morals, his or her physical fitness and prior training, his or her experience and prior earnings, the length of his or her unemployment, his or her prospects for obtaining work in his or her customary occupation, the distance of available work from his or her residence, and prospects for obtaining local work. (2) Work offered to an individual by a base-period or last employer at earnings equal to or greater than the individual earned from the base-period or last employer shall be deemed to be suitable work unless any of the factors above are applicable and it would be contrary to good conscience to deem the work suitable.

(1) In determining whether or not any work is suitable for an individual and in determining the existence of good cause for voluntarily leaving his or her work under § 11-10-513 , there shall be considered, among other factors and in addition to those enumerated in subsection (d) of this section, the degree of risk involved to his or her health, safety, and morals, his or her physical fitness and prior training, his or her experience and prior earnings, the length of his or her unemployment, his or her prospects for obtaining work in his or her customary occupation, the distance of available work from his or her residence, and prospects for obtaining local work.

(2) Work offered to an individual by a base-period or last employer at earnings equal to or greater than the individual earned from the base-period or last employer shall be deemed to be suitable work unless any of the factors above are applicable and it would be contrary to good conscience to deem the work suitable.

(d) Notwithstanding any other provisions of this chapter, no work shall be deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions: (1) If the position offered is vacant due to a strike, lockout, or other labor dispute; (2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or (3) If as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

(1) If the position offered is vacant due to a strike, lockout, or other labor dispute;

(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or

(3) If as a condition of being employed, the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

Amended by Act 2023, No. 106,§ 2, eff. 1/1/2024.

Amended by Act 2019, No. 453,§ 6, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 243, eff. 7/1/2019.

Amended by Act 2015, No. 690,§ 2, eff. 7/1/2015.

Acts 1941, No. 391, § 5; 1943, No. 138, § 30; 1949, No. 155, § 5; 1955, No. 395, § 13; 1971, No. 35, § 9; A.S.A. 1947, § 81-1106; Acts 1991, No. 100, § 28; 1997, No. 234, § 13; 2001, No. 755, § 1; 2007, No. 454, § 2; 2011, No. 861, § 5.
Ark. Code Ann. § 11-10-705 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-705
Future rates - Computation of contribution rates
Status: in_force

(a) (1) Each employer's contribution rate beginning January 1 for each twelve-month period shall be determined on the basis of the employer's record through June 30 of the previous calendar year. (2) The record of an employer shall include, for the purpose of computing an employer's contribution rate, any payment, except a payment that represents an administrative assessment payment or a payment that represents an extended benefit tax payment, made by the employer on or before July 31 on wages paid by the employer on or before June 30 of the calendar year. (b) (1) (A) The contribution rate of an employer who has had three (3) or more years of benefit risk as defined at § 11-10-707 shall be that shown on the corresponding line that reflects the employer's reserve ratio in the contribution rate schedule which follows. (B) The reserve ratio in the following schedule is determined by dividing the difference in contributions paid and regular benefits charged by the annual taxable payroll: CONTRIBUTION RATE RESERVE RATIO 0.1% 9.95% or more 0.3% 9.35% but less than 9.95% 0.5% 8.85% but less than 9.35% 0.8% 8.65% but less than 8.85% 1.2% 8.35% but less than 8.65% 1.6% 7.95% but less than 8.35% 2.0% 7.35% but less than 7.95% 2.4% 6.75% but less than 7.35% 2.8% 5.45% but less than 6.75% 3.2% 2.45% but less than 5.45% 4.0% 1.35% but less than 2.45% 5.0% Less than 1.35% with a positive reserve balance 6.0% Less than 0.00% (2) [Repealed.] (3) (A) Notwithstanding any other provision of this chapter, for any calendar year beginning on and after January 1, 2024, an employer that has been assigned a contribution rate of six percent (6%) under this chapter and that has had such a rate for the four (4) preceding calendar years will be assigned an additional contribution assessment of two percent (2%). (B) After four (4) consecutive years of being assessed an additional contribution of two percent (2%) under subdivision (b)(3)(A) of this section, this additional contribution assessment shall increase to four percent (4%). (c) (1) (A) Notwithstanding any other provisions of this chapter and unless prohibited by § 11-10-723(c)(1) , an employer that has been assigned a contribution rate pursuant to this chapter may make a voluntary payment to the Unemployment Compensation Trust Fund Account, in addition to the contributions required pursuant to this chapter, to be credited to the employer's account. (B) The Director of the Division of Workforce Services shall provide to each eligible employer an annual notice of voluntary payment amounts that may be submitted to reduce the employer's contribution rate. (2) (A) (i) Voluntary payments to the fund account under subdivision (c)(1) of this section shall be made no later than March 31 of the calendar year for which the new contribution rate is effective. (ii) Upon receipt of a timely voluntary payment, the director shall compute a new contribution rate for the employer and provide notice to the employer of the new contribution rate. (B) Any adjustments made under §§ 11-10-703 - 11-10-708 shall be used only in the form of credit against accrued or future contributions. (C) No refund shall ever be made to any employer of any voluntary payment so made. Amended by Act 2023, No. 196,§ 6, eff. 3/6/2023. Amended by Act 2023, No. 196,§ 5, eff. 3/6/2023. Amended by Act 2023, No. 196,§ 4, eff. 3/6/2023. Amended by Act 2019, No. 910,§ 287, eff. 7/1/2019. Amended by Act 2015, No. 1153,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1191,§ 1, eff. 8/16/2013. Acts 1941, No. 391, § 7; 1947, No. 398, § 6; 1949, No. 155, § 10; 1953, No. 162, § 12; 1955, No. 395, § 23; 1959, No. 142, § 1A; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1981, No. 43, § 12; 1983, No. 482, § 27; A.S.A. 1947, § 81-1108; Acts 1989, No. 420, §§ 8, 9; 1991, No. 48, § 7; 1997, No. 234, § 23; 1999, No. 1055, § 1; 2001, No. 964, § 1; 2001, No. 1367, § 9; 2005, No. 902, § 9; 2007, No. 490, § 11.

(a) (1) Each employer's contribution rate beginning January 1 for each twelve-month period shall be determined on the basis of the employer's record through June 30 of the previous calendar year. (2) The record of an employer shall include, for the purpose of computing an employer's contribution rate, any payment, except a payment that represents an administrative assessment payment or a payment that represents an extended benefit tax payment, made by the employer on or before July 31 on wages paid by the employer on or before June 30 of the calendar year.

(1) Each employer's contribution rate beginning January 1 for each twelve-month period shall be determined on the basis of the employer's record through June 30 of the previous calendar year.

(2) The record of an employer shall include, for the purpose of computing an employer's contribution rate, any payment, except a payment that represents an administrative assessment payment or a payment that represents an extended benefit tax payment, made by the employer on or before July 31 on wages paid by the employer on or before June 30 of the calendar year.

(b) (1) (A) The contribution rate of an employer who has had three (3) or more years of benefit risk as defined at § 11-10-707 shall be that shown on the corresponding line that reflects the employer's reserve ratio in the contribution rate schedule which follows. (B) The reserve ratio in the following schedule is determined by dividing the difference in contributions paid and regular benefits charged by the annual taxable payroll: CONTRIBUTION RATE RESERVE RATIO 0.1% 9.95% or more 0.3% 9.35% but less than 9.95% 0.5% 8.85% but less than 9.35% 0.8% 8.65% but less than 8.85% 1.2% 8.35% but less than 8.65% 1.6% 7.95% but less than 8.35% 2.0% 7.35% but less than 7.95% 2.4% 6.75% but less than 7.35% 2.8% 5.45% but less than 6.75% 3.2% 2.45% but less than 5.45% 4.0% 1.35% but less than 2.45% 5.0% Less than 1.35% with a positive reserve balance 6.0% Less than 0.00% (2) [Repealed.] (3) (A) Notwithstanding any other provision of this chapter, for any calendar year beginning on and after January 1, 2024, an employer that has been assigned a contribution rate of six percent (6%) under this chapter and that has had such a rate for the four (4) preceding calendar years will be assigned an additional contribution assessment of two percent (2%). (B) After four (4) consecutive years of being assessed an additional contribution of two percent (2%) under subdivision (b)(3)(A) of this section, this additional contribution assessment shall increase to four percent (4%).

(1) (A) The contribution rate of an employer who has had three (3) or more years of benefit risk as defined at § 11-10-707 shall be that shown on the corresponding line that reflects the employer's reserve ratio in the contribution rate schedule which follows. (B) The reserve ratio in the following schedule is determined by dividing the difference in contributions paid and regular benefits charged by the annual taxable payroll: CONTRIBUTION RATE RESERVE RATIO 0.1% 9.95% or more 0.3% 9.35% but less than 9.95% 0.5% 8.85% but less than 9.35% 0.8% 8.65% but less than 8.85% 1.2% 8.35% but less than 8.65% 1.6% 7.95% but less than 8.35% 2.0% 7.35% but less than 7.95% 2.4% 6.75% but less than 7.35% 2.8% 5.45% but less than 6.75% 3.2% 2.45% but less than 5.45% 4.0% 1.35% but less than 2.45% 5.0% Less than 1.35% with a positive reserve balance 6.0% Less than 0.00%

(A) The contribution rate of an employer who has had three (3) or more years of benefit risk as defined at § 11-10-707 shall be that shown on the corresponding line that reflects the employer's reserve ratio in the contribution rate schedule which follows.

(B) The reserve ratio in the following schedule is determined by dividing the difference in contributions paid and regular benefits charged by the annual taxable payroll: CONTRIBUTION RATE RESERVE RATIO 0.1% 9.95% or more 0.3% 9.35% but less than 9.95% 0.5% 8.85% but less than 9.35% 0.8% 8.65% but less than 8.85% 1.2% 8.35% but less than 8.65% 1.6% 7.95% but less than 8.35% 2.0% 7.35% but less than 7.95% 2.4% 6.75% but less than 7.35% 2.8% 5.45% but less than 6.75% 3.2% 2.45% but less than 5.45% 4.0% 1.35% but less than 2.45% 5.0% Less than 1.35% with a positive reserve balance 6.0% Less than 0.00%

CONTRIBUTION RATE RESERVE RATIO 0.1% 9.95% or more 0.3% 9.35% but less than 9.95% 0.5% 8.85% but less than 9.35% 0.8% 8.65% but less than 8.85% 1.2% 8.35% but less than 8.65% 1.6% 7.95% but less than 8.35% 2.0% 7.35% but less than 7.95% 2.4% 6.75% but less than 7.35% 2.8% 5.45% but less than 6.75% 3.2% 2.45% but less than 5.45% 4.0% 1.35% but less than 2.45% 5.0% Less than 1.35% with a positive reserve balance 6.0% Less than 0.00%

CONTRIBUTION RATE

RESERVE RATIO

0.1%

9.95% or more

0.3%

9.35% but less than 9.95%

0.5%

8.85% but less than 9.35%

0.8%

8.65% but less than 8.85%

1.2%

8.35% but less than 8.65%

1.6%

7.95% but less than 8.35%

2.0%

7.35% but less than 7.95%

2.4%

6.75% but less than 7.35%

2.8%

5.45% but less than 6.75%

3.2%

2.45% but less than 5.45%

4.0%

1.35% but less than 2.45%

5.0%

Less than 1.35% with a positive reserve balance

6.0%

Less than 0.00%

(2) [Repealed.]

(3) (A) Notwithstanding any other provision of this chapter, for any calendar year beginning on and after January 1, 2024, an employer that has been assigned a contribution rate of six percent (6%) under this chapter and that has had such a rate for the four (4) preceding calendar years will be assigned an additional contribution assessment of two percent (2%). (B) After four (4) consecutive years of being assessed an additional contribution of two percent (2%) under subdivision (b)(3)(A) of this section, this additional contribution assessment shall increase to four percent (4%).

(A) Notwithstanding any other provision of this chapter, for any calendar year beginning on and after January 1, 2024, an employer that has been assigned a contribution rate of six percent (6%) under this chapter and that has had such a rate for the four (4) preceding calendar years will be assigned an additional contribution assessment of two percent (2%).

(B) After four (4) consecutive years of being assessed an additional contribution of two percent (2%) under subdivision (b)(3)(A) of this section, this additional contribution assessment shall increase to four percent (4%).

(c) (1) (A) Notwithstanding any other provisions of this chapter and unless prohibited by § 11-10-723(c)(1) , an employer that has been assigned a contribution rate pursuant to this chapter may make a voluntary payment to the Unemployment Compensation Trust Fund Account, in addition to the contributions required pursuant to this chapter, to be credited to the employer's account. (B) The Director of the Division of Workforce Services shall provide to each eligible employer an annual notice of voluntary payment amounts that may be submitted to reduce the employer's contribution rate. (2) (A) (i) Voluntary payments to the fund account under subdivision (c)(1) of this section shall be made no later than March 31 of the calendar year for which the new contribution rate is effective. (ii) Upon receipt of a timely voluntary payment, the director shall compute a new contribution rate for the employer and provide notice to the employer of the new contribution rate. (B) Any adjustments made under §§ 11-10-703 - 11-10-708 shall be used only in the form of credit against accrued or future contributions. (C) No refund shall ever be made to any employer of any voluntary payment so made.

(1) (A) Notwithstanding any other provisions of this chapter and unless prohibited by § 11-10-723(c)(1) , an employer that has been assigned a contribution rate pursuant to this chapter may make a voluntary payment to the Unemployment Compensation Trust Fund Account, in addition to the contributions required pursuant to this chapter, to be credited to the employer's account. (B) The Director of the Division of Workforce Services shall provide to each eligible employer an annual notice of voluntary payment amounts that may be submitted to reduce the employer's contribution rate.

(A) Notwithstanding any other provisions of this chapter and unless prohibited by § 11-10-723(c)(1) , an employer that has been assigned a contribution rate pursuant to this chapter may make a voluntary payment to the Unemployment Compensation Trust Fund Account, in addition to the contributions required pursuant to this chapter, to be credited to the employer's account.

(B) The Director of the Division of Workforce Services shall provide to each eligible employer an annual notice of voluntary payment amounts that may be submitted to reduce the employer's contribution rate.

(2) (A) (i) Voluntary payments to the fund account under subdivision (c)(1) of this section shall be made no later than March 31 of the calendar year for which the new contribution rate is effective. (ii) Upon receipt of a timely voluntary payment, the director shall compute a new contribution rate for the employer and provide notice to the employer of the new contribution rate. (B) Any adjustments made under §§ 11-10-703 - 11-10-708 shall be used only in the form of credit against accrued or future contributions. (C) No refund shall ever be made to any employer of any voluntary payment so made.

(A) (i) Voluntary payments to the fund account under subdivision (c)(1) of this section shall be made no later than March 31 of the calendar year for which the new contribution rate is effective. (ii) Upon receipt of a timely voluntary payment, the director shall compute a new contribution rate for the employer and provide notice to the employer of the new contribution rate.

(i) Voluntary payments to the fund account under subdivision (c)(1) of this section shall be made no later than March 31 of the calendar year for which the new contribution rate is effective.

(ii) Upon receipt of a timely voluntary payment, the director shall compute a new contribution rate for the employer and provide notice to the employer of the new contribution rate.

(B) Any adjustments made under §§ 11-10-703 - 11-10-708 shall be used only in the form of credit against accrued or future contributions.

(C) No refund shall ever be made to any employer of any voluntary payment so made.

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

Amended by Act 2023, No. 196,§ 5, eff. 3/6/2023.

Amended by Act 2023, No. 196,§ 4, eff. 3/6/2023.

Amended by Act 2019, No. 910,§ 287, eff. 7/1/2019.

Amended by Act 2015, No. 1153,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1191,§ 1, eff. 8/16/2013.

Acts 1941, No. 391, § 7; 1947, No. 398, § 6; 1949, No. 155, § 10; 1953, No. 162, § 12; 1955, No. 395, § 23; 1959, No. 142, § 1A; 1963, No. 93, § 9; 1971, No. 35, §§ 11-13; 1981, No. 43, § 12; 1983, No. 482, § 27; A.S.A. 1947, § 81-1108; Acts 1989, No. 420, §§ 8, 9; 1991, No. 48, § 7; 1997, No. 234, § 23; 1999, No. 1055, § 1; 2001, No. 964, § 1; 2001, No. 1367, § 9; 2005, No. 902, § 9; 2007, No. 490, § 11.
Ark. Code Ann. § 11-10-521 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-521
Claims - Filing - Notice to last employer
Status: in_force

(a) Claims for benefits shall be made in accordance with rules the Director of the Division of Workforce Services prescribes. (b) (1) (A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer. (B) An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both. (2) (A) If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond. (B) If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant. (c) On or before January 1, 2012, the director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section. Amended by Act 2019, No. 315,§ 822, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 251, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 250, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1953, No. 162, § 4; A.S.A. 1947, § 81-1107; Acts 2011, No. 1229, § 2.

(a) Claims for benefits shall be made in accordance with rules the Director of the Division of Workforce Services prescribes.

(b) (1) (A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer. (B) An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both. (2) (A) If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond. (B) If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant.

(1) (A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer. (B) An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both.

(A) A notice of the filing of an initial claim shall be immediately mailed or posted online under subsection (c) of this section, or both, to the employing unit known to the claimant as his or her last employer.

(B) An employer notified under subdivision (b)(1)(A) of this section may choose to receive and respond to notice under this section through the mail or through the online program under subsection (c) of this section, or both.

(2) (A) If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond. (B) If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant.

(A) If a last employer fails to respond within ten (10) calendar days to a notice under this section, the last employer shall be deemed to have waived the right to respond.

(B) If a last employer's right to respond has been deemed waived under subdivision (b)(2)(A) of this section, the director may accept the statement given by the claimant as his or her reason for separation from the last employer and may base his or her determination on the statement given by the claimant.

(c) On or before January 1, 2012, the director shall make available on the website of the Division of Workforce Services a program that will allow employers the option to receive and respond to notice under this section.

Amended by Act 2019, No. 315,§ 822, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 251, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 250, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1953, No. 162, § 4; A.S.A. 1947, § 81-1107; Acts 2011, No. 1229, § 2.
Ark. Code Ann. § 11-8-101 — AR Code / Title 11 / Chapter 8 / Section 11-8-101
Definition
Status: in_force

The word "corporation" as used in §§ 11-8-102 - 11-8-108 , unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation of the business of the corporation. Acts 1913, No. 175, § 6; C. & M. Dig., § 7149; Pope's Dig., § 9135; A.S.A. 1947, § 81-1206.

The word "corporation" as used in §§ 11-8-102 - 11-8-108 , unless the context otherwise requires, shall include the receiver or other persons charged with the duty of the management and operation of the business of the corporation.

Acts 1913, No. 175, § 6; C. & M. Dig., § 7149; Pope's Dig., § 9135; A.S.A. 1947, § 81-1206.
Ark. Code Ann. § 11-11-220 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-220
Cessation of business by licensee
Status: in_force

(a) (1) If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Division of Labor and shall deliver or forward by mail the agent's license to the division. Failure to give notice, or failure to deliver such employment agent's license, shall be a violation of § 11-11-208 . (2) (A) When one (1) or more individuals, on the basis of whose qualifications an agency license has been obtained, ceases to be connected with the licensed business for any reason whatsoever, the agency business may be carried on for a temporary period not to exceed thirty (30) days, under such terms and conditions as the Director of the Division of Labor shall provide by rule for the orderly closing of the business or the replacement and qualification of a new member, partner, or corporate officer, director, or shareholder. (B) The agency's authorization to continue to do business under this subchapter beyond the thirty-day period provided in this subdivision (a)(2) shall be contingent upon approval by the Director of the Division of Labor of any new member, principal, partner, officer, director, or shareholder. (b) (1) If an agency manager terminates his or her employment with an employment agency by which he or she is employed, the agency shall notify the division, as soon as is reasonably possible, to enable the division to know at all times the identity of the person charged with the general management of each of the agency's office locations. (2) The employment agency shall also deliver or forward by mail the agency manager's license, together with the reasons why the agency manager has terminated his or her position with the employment agency. (c) If an employment counselor terminates his or her employment with the employment agency by which he or she is employed, the agency shall, as soon as is reasonably possible, notify the division and deliver or forward by mail the employment counselor's license to the division, together with the reasons for his or her termination. Amended by Act 2019, No. 315,§ 839, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5387, eff. 7/1/2019. Acts 1975, No. 493, §§ 5, 8; A.S.A. 1947, §§ 81-1017, 81-1020.

(a) (1) If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Division of Labor and shall deliver or forward by mail the agent's license to the division. Failure to give notice, or failure to deliver such employment agent's license, shall be a violation of § 11-11-208 . (2) (A) When one (1) or more individuals, on the basis of whose qualifications an agency license has been obtained, ceases to be connected with the licensed business for any reason whatsoever, the agency business may be carried on for a temporary period not to exceed thirty (30) days, under such terms and conditions as the Director of the Division of Labor shall provide by rule for the orderly closing of the business or the replacement and qualification of a new member, partner, or corporate officer, director, or shareholder. (B) The agency's authorization to continue to do business under this subchapter beyond the thirty-day period provided in this subdivision (a)(2) shall be contingent upon approval by the Director of the Division of Labor of any new member, principal, partner, officer, director, or shareholder.

(1) If an employment agent ceases business operations, the agent shall, as soon as reasonably possible, notify the Division of Labor and shall deliver or forward by mail the agent's license to the division. Failure to give notice, or failure to deliver such employment agent's license, shall be a violation of § 11-11-208 .

(2) (A) When one (1) or more individuals, on the basis of whose qualifications an agency license has been obtained, ceases to be connected with the licensed business for any reason whatsoever, the agency business may be carried on for a temporary period not to exceed thirty (30) days, under such terms and conditions as the Director of the Division of Labor shall provide by rule for the orderly closing of the business or the replacement and qualification of a new member, partner, or corporate officer, director, or shareholder. (B) The agency's authorization to continue to do business under this subchapter beyond the thirty-day period provided in this subdivision (a)(2) shall be contingent upon approval by the Director of the Division of Labor of any new member, principal, partner, officer, director, or shareholder.

(A) When one (1) or more individuals, on the basis of whose qualifications an agency license has been obtained, ceases to be connected with the licensed business for any reason whatsoever, the agency business may be carried on for a temporary period not to exceed thirty (30) days, under such terms and conditions as the Director of the Division of Labor shall provide by rule for the orderly closing of the business or the replacement and qualification of a new member, partner, or corporate officer, director, or shareholder.

(B) The agency's authorization to continue to do business under this subchapter beyond the thirty-day period provided in this subdivision (a)(2) shall be contingent upon approval by the Director of the Division of Labor of any new member, principal, partner, officer, director, or shareholder.

(b) (1) If an agency manager terminates his or her employment with an employment agency by which he or she is employed, the agency shall notify the division, as soon as is reasonably possible, to enable the division to know at all times the identity of the person charged with the general management of each of the agency's office locations. (2) The employment agency shall also deliver or forward by mail the agency manager's license, together with the reasons why the agency manager has terminated his or her position with the employment agency.

(1) If an agency manager terminates his or her employment with an employment agency by which he or she is employed, the agency shall notify the division, as soon as is reasonably possible, to enable the division to know at all times the identity of the person charged with the general management of each of the agency's office locations.

(2) The employment agency shall also deliver or forward by mail the agency manager's license, together with the reasons why the agency manager has terminated his or her position with the employment agency.

(c) If an employment counselor terminates his or her employment with the employment agency by which he or she is employed, the agency shall, as soon as is reasonably possible, notify the division and deliver or forward by mail the employment counselor's license to the division, together with the reasons for his or her termination.

Amended by Act 2019, No. 315,§ 839, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5387, eff. 7/1/2019.

Acts 1975, No. 493, §§ 5, 8; A.S.A. 1947, §§ 81-1017, 81-1020.
Ark. Code Ann. § 11-4-610 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-610
Wage discrimination between sexes prohibited
Status: in_force

(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work. (b) Nothing in §§ 11-4-607 - 11-4-612 shall prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of the day worked, or any other reasonable differentiation except difference in sex. Acts 1955, No. 361, § 2; A.S.A. 1947, § 81-624.

(a) No employer shall discriminate in the payment of wages as between the sexes or shall pay any female in his or her employ salary or wage rates less than the rates paid to male employees for comparable work.

(b) Nothing in §§ 11-4-607 - 11-4-612 shall prohibit a variation in rates of pay based upon a difference in seniority, experience, training, skill, ability, differences in duties and services performed, differences in the shift or time of the day worked, or any other reasonable differentiation except difference in sex.

Acts 1955, No. 361, § 2; A.S.A. 1947, § 81-624.
Ark. Code Ann. § 11-10-714 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-714
Exception - Reimbursable payments
Status: in_force

Notwithstanding any provisions in § 11-10-713 , any nonprofit organization, state hospital, state institution of higher education, or group of such employers that, prior to January 1, 1969, paid contributions required by § 11-10-701 , and, pursuant to § 11-10-713 , elected by March 5, 1971, to make payments in lieu of contributions, shall not be required to make any payment on account of any regular or extended benefits paid, on the basis of wages paid by such nonprofit organization, state hospital, state institution of higher education, or group of such employers to individuals for weeks of unemployment that begin on or after the effective date of the election until the total amount of the benefits equals the amount of the positive balance in the experience rating account of the nonprofit organization, state hospital, state institution of higher education, or group of such employers. Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 15; A.S.A. 1947, § 81-1108.

Notwithstanding any provisions in § 11-10-713 , any nonprofit organization, state hospital, state institution of higher education, or group of such employers that, prior to January 1, 1969, paid contributions required by § 11-10-701 , and, pursuant to § 11-10-713 , elected by March 5, 1971, to make payments in lieu of contributions, shall not be required to make any payment on account of any regular or extended benefits paid, on the basis of wages paid by such nonprofit organization, state hospital, state institution of higher education, or group of such employers to individuals for weeks of unemployment that begin on or after the effective date of the election until the total amount of the benefits equals the amount of the positive balance in the experience rating account of the nonprofit organization, state hospital, state institution of higher education, or group of such employers.

Acts 1941, No. 391, § 7; 1963, No. 93, § 9; 1971, No. 35, § 15; A.S.A. 1947, § 81-1108.
Ark. Code Ann. § 11-10-104 — AR Code / Title 11 / Chapter 10 / Subchapter 1 / Section 11-10-104
Construction
Status: in_force

This chapter shall be construed to accomplish its purpose to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and by providing through accumulation of reserves for the payment of compensation to individuals who are involuntarily unemployed. Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.

This chapter shall be construed to accomplish its purpose to promote employment security by increasing opportunities for placement through the maintenance of a system of public employment offices and by providing through accumulation of reserves for the payment of compensation to individuals who are involuntarily unemployed.

Acts 1941, No. 391, § 1; 1949, No. 155, § 1; A.S.A. 1947, § 81-1102.
Ark. Code Ann. § 11-2-205 — AR Code / Title 11 / Chapter 2 / Subchapter 2 / Section 11-2-205
Compliance with subpoenas
Status: in_force

(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present any confidential records of the service or testify in behalf of any party to any cause pending in any arbitration or other proceedings or court or before any board, commission, committee, tribunal, investigatory body, or administrative agency of the United States or of any state, territory, the District of Columbia, or the state or any municipality or political subdivision thereof with respect to facts or other matters coming to his or her knowledge in his or her official capacity, whether in answer to an order, subpoena duces tecum, or otherwise, without the prior written consent of the representatives of both parties to the dispute. (b) (1) Whenever any subpoena or subpoena duces tecum calling for confidential records or testimony as described in subsection (a) of this section has been served upon any officer, employee, or other person, he or she will appear in answer thereto and, unless otherwise expressly agreed to by the representatives of both parties to the dispute, respectfully decline, by reason of this section, to produce or present the confidential records or to give testimony. (2) Immediately upon receipt of the subpoena, the mediator or former mediator or employee should contact the Director of the Division of Labor, who shall immediately notify the staff attorneys of the Department of Labor and Licensing of the state to ensure that the procedures set forth in this subchapter will be followed. The director then shall instruct the staff attorneys to appear in behalf of the mediator and protect the service from any disclosure that violates the provisions contained in this subchapter. (c) In the event that the court insists that the mediator testify or produce documents, the staff attorneys of the department shall be further instructed to take immediate steps to procure the release of the mediator pending an appeal from the court's decision. Amended by Act 2019, No. 910,§ 5303, eff. 7/1/2019. Acts 1979, No. 750, § 5; A.S.A. 1947, § 81-129.

(a) No officer, employee, former employee, or other person officially connected or formerly officially connected to the Arkansas Mediation and Conciliation Service shall produce or present any confidential records of the service or testify in behalf of any party to any cause pending in any arbitration or other proceedings or court or before any board, commission, committee, tribunal, investigatory body, or administrative agency of the United States or of any state, territory, the District of Columbia, or the state or any municipality or political subdivision thereof with respect to facts or other matters coming to his or her knowledge in his or her official capacity, whether in answer to an order, subpoena duces tecum, or otherwise, without the prior written consent of the representatives of both parties to the dispute.

(b) (1) Whenever any subpoena or subpoena duces tecum calling for confidential records or testimony as described in subsection (a) of this section has been served upon any officer, employee, or other person, he or she will appear in answer thereto and, unless otherwise expressly agreed to by the representatives of both parties to the dispute, respectfully decline, by reason of this section, to produce or present the confidential records or to give testimony. (2) Immediately upon receipt of the subpoena, the mediator or former mediator or employee should contact the Director of the Division of Labor, who shall immediately notify the staff attorneys of the Department of Labor and Licensing of the state to ensure that the procedures set forth in this subchapter will be followed. The director then shall instruct the staff attorneys to appear in behalf of the mediator and protect the service from any disclosure that violates the provisions contained in this subchapter.

(1) Whenever any subpoena or subpoena duces tecum calling for confidential records or testimony as described in subsection (a) of this section has been served upon any officer, employee, or other person, he or she will appear in answer thereto and, unless otherwise expressly agreed to by the representatives of both parties to the dispute, respectfully decline, by reason of this section, to produce or present the confidential records or to give testimony.

(2) Immediately upon receipt of the subpoena, the mediator or former mediator or employee should contact the Director of the Division of Labor, who shall immediately notify the staff attorneys of the Department of Labor and Licensing of the state to ensure that the procedures set forth in this subchapter will be followed. The director then shall instruct the staff attorneys to appear in behalf of the mediator and protect the service from any disclosure that violates the provisions contained in this subchapter.

(c) In the event that the court insists that the mediator testify or produce documents, the staff attorneys of the department shall be further instructed to take immediate steps to procure the release of the mediator pending an appeal from the court's decision.

Amended by Act 2019, No. 910,§ 5303, eff. 7/1/2019.

Acts 1979, No. 750, § 5; A.S.A. 1947, § 81-129.
Ark. Code Ann. § 11-11-213 — AR Code / Title 11 / Chapter 11 / Subchapter 2 / Section 11-11-213
Employment agency license - Bond required - Action on the bond
Status: in_force

(a) (1) Every application for issuance or renewal of an employment agency's license shall be accompanied by a bond in the sum of five thousand dollars ($5,000) with a duly licensed surety company or companies authorized to do business in this state. (2) The terms and conditions of the bond shall be approved by the Director of the Division of Labor. (3) The bond shall be conditioned that the employment agency and each member, employee, shareholder, director, or officer of a person, firm, partnership, corporation, or association operating as the employment agency will not violate the provisions of this subchapter or violate rules or orders lawfully promulgated by the director or violate the terms of any contract made by the employment agent in the conduct of its business. (b) (1) If any person shall be aggrieved by the misconduct of any licensee, that person may maintain an action in his or her own name upon the bond of the employment agency in any court of competent jurisdiction or in the Pulaski County Circuit Court. (2) (A) All claims shall be assignable, and the assignee shall be entitled to the same remedies upon the bond of the licensee as the person aggrieved would have been entitled to if the claim had not been assigned. (B) Any claim so assigned may be enforced in the name of the assignee. (3) Any remedies given by this section shall not be exclusive of any other remedy that would otherwise exist. (c) Action on the bond required by this section may be maintained by the director in the name of the state in any court of competent jurisdiction or in the Pulaski County Circuit Court, for the benefit of any person or persons aggrieved by the misconduct of the licensee. (d) (1) If any licensee fails to file a new bond with the Division of Labor within thirty (30) days after notice of cancellation by the surety of the bond required by this section, the license issued to the principal under the bond is suspended until such time as a new surety bond is filed with and approved by the director. (2) A person whose license is suspended pursuant to this subsection shall not carry on the business of an employment agency during the period of the suspension. Amended by Act 2019, No. 315,§ 838, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5378, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5377, eff. 7/1/2019. Acts 1975, No. 493, § 6; A.S.A. 1947, § 81-1018.

(a) (1) Every application for issuance or renewal of an employment agency's license shall be accompanied by a bond in the sum of five thousand dollars ($5,000) with a duly licensed surety company or companies authorized to do business in this state. (2) The terms and conditions of the bond shall be approved by the Director of the Division of Labor. (3) The bond shall be conditioned that the employment agency and each member, employee, shareholder, director, or officer of a person, firm, partnership, corporation, or association operating as the employment agency will not violate the provisions of this subchapter or violate rules or orders lawfully promulgated by the director or violate the terms of any contract made by the employment agent in the conduct of its business.

(1) Every application for issuance or renewal of an employment agency's license shall be accompanied by a bond in the sum of five thousand dollars ($5,000) with a duly licensed surety company or companies authorized to do business in this state.

(2) The terms and conditions of the bond shall be approved by the Director of the Division of Labor.

(3) The bond shall be conditioned that the employment agency and each member, employee, shareholder, director, or officer of a person, firm, partnership, corporation, or association operating as the employment agency will not violate the provisions of this subchapter or violate rules or orders lawfully promulgated by the director or violate the terms of any contract made by the employment agent in the conduct of its business.

(b) (1) If any person shall be aggrieved by the misconduct of any licensee, that person may maintain an action in his or her own name upon the bond of the employment agency in any court of competent jurisdiction or in the Pulaski County Circuit Court. (2) (A) All claims shall be assignable, and the assignee shall be entitled to the same remedies upon the bond of the licensee as the person aggrieved would have been entitled to if the claim had not been assigned. (B) Any claim so assigned may be enforced in the name of the assignee. (3) Any remedies given by this section shall not be exclusive of any other remedy that would otherwise exist.

(1) If any person shall be aggrieved by the misconduct of any licensee, that person may maintain an action in his or her own name upon the bond of the employment agency in any court of competent jurisdiction or in the Pulaski County Circuit Court.

(2) (A) All claims shall be assignable, and the assignee shall be entitled to the same remedies upon the bond of the licensee as the person aggrieved would have been entitled to if the claim had not been assigned. (B) Any claim so assigned may be enforced in the name of the assignee.

(A) All claims shall be assignable, and the assignee shall be entitled to the same remedies upon the bond of the licensee as the person aggrieved would have been entitled to if the claim had not been assigned.

(B) Any claim so assigned may be enforced in the name of the assignee.

(3) Any remedies given by this section shall not be exclusive of any other remedy that would otherwise exist.

(c) Action on the bond required by this section may be maintained by the director in the name of the state in any court of competent jurisdiction or in the Pulaski County Circuit Court, for the benefit of any person or persons aggrieved by the misconduct of the licensee.

(d) (1) If any licensee fails to file a new bond with the Division of Labor within thirty (30) days after notice of cancellation by the surety of the bond required by this section, the license issued to the principal under the bond is suspended until such time as a new surety bond is filed with and approved by the director. (2) A person whose license is suspended pursuant to this subsection shall not carry on the business of an employment agency during the period of the suspension.

(1) If any licensee fails to file a new bond with the Division of Labor within thirty (30) days after notice of cancellation by the surety of the bond required by this section, the license issued to the principal under the bond is suspended until such time as a new surety bond is filed with and approved by the director.

(2) A person whose license is suspended pursuant to this subsection shall not carry on the business of an employment agency during the period of the suspension.

Amended by Act 2019, No. 315,§ 838, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5378, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5377, eff. 7/1/2019.

Acts 1975, No. 493, § 6; A.S.A. 1947, § 81-1018.
Ark. Code Ann. § 11-10-218 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-218
Rate year
Status: in_force

As used in this chapter, unless the context clearly requires otherwise, "rate year" means a twelve-month period beginning on January 1 and ending on December 31. Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.

As used in this chapter, unless the context clearly requires otherwise, "rate year" means a twelve-month period beginning on January 1 and ending on December 31.

Acts 1941, No. 391, § 2; 1963, No. 93, § 3; A.S.A. 1947, § 81-1103.
Ark. Code Ann. § 11-5-404 — AR Code / Title 11 / Chapter 5 / Subchapter 4 / Section 11-5-404
Penalty for violation of section 11-5-403
Status: in_force

Any employer who violates the prohibitions of § 11-5-403 shall be guilty of a misdemeanor and may be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment. Acts 2001, No. 1407, § 1.

Any employer who violates the prohibitions of § 11-5-403 shall be guilty of a misdemeanor and may be punished by a fine of not more than twenty-five thousand dollars ($25,000) or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment.

Acts 2001, No. 1407, § 1.
Ark. Code Ann. § 11-5-208 — AR Code / Title 11 / Chapter 5 / Subchapter 2 / Section 11-5-208
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019. Acts 1947, No. 350, § 6; A.S.A. 1947, § 81-419.

Repealed by Act 2019, No. 910,§ 4854, eff. 7/1/2019.

Acts 1947, No. 350, § 6; A.S.A. 1947, § 81-419.
Ark. Code Ann. § 11-2-118 — AR Code / Title 11 / Chapter 2 / Subchapter 1 / Section 11-2-118
Oaths, certifications, subpoenas, etc. - Enforcement by contempt
Status: in_force

(a) The Director of the Division of Labor and any officer of the Division of Labor designated by the director, in the performance of any duty or the execution of any power prescribed by law, shall have the power to administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, and testimony. (b) In case of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any court of competent jurisdiction or the judge thereof, upon application of the director or any officer or agent of the division, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued for the court or a refusal to testify therein. Amended by Act 2019, No. 910,§ 5295, eff. 7/1/2019. Acts 1937, No. 161, § 17; Pope's Dig., § 8513; A.S.A. 1947, § 81-116; 2003, No. 1473, § 21.

(a) The Director of the Division of Labor and any officer of the Division of Labor designated by the director, in the performance of any duty or the execution of any power prescribed by law, shall have the power to administer oaths, certify to official acts, take and cause to be taken depositions of witnesses, issue subpoenas, and compel the attendance of witnesses and the production of papers, books, accounts, payrolls, documents, records, and testimony.

(b) In case of failure of any person to comply with any subpoena lawfully issued or on the refusal of any witness to produce evidence or to testify to any matter regarding which he or she may be lawfully interrogated, it shall be the duty of any court of competent jurisdiction or the judge thereof, upon application of the director or any officer or agent of the division, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued for the court or a refusal to testify therein.

Amended by Act 2019, No. 910,§ 5295, eff. 7/1/2019.

Acts 1937, No. 161, § 17; Pope's Dig., § 8513; A.S.A. 1947, § 81-116; 2003, No. 1473, § 21.
Ark. Code Ann. § 11-9-708 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-708
Depositions
Status: in_force

The Workers' Compensation Commission may cause depositions of witnesses to be taken in such manner as it may direct. Init. Meas. 1948, No. 4, § 28, Acts 1949, p. 1420; A.S.A. 1947, § 81-1328.

The Workers' Compensation Commission may cause depositions of witnesses to be taken in such manner as it may direct.

Init. Meas. 1948, No. 4, § 28, Acts 1949, p. 1420; A.S.A. 1947, § 81-1328.
Ark. Code Ann. § 11-9-522 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-522
Compensation for disability - Unscheduled permanent partial disability
Status: in_force

(a) A permanent partial disability not scheduled in § 11-9-521 shall be apportioned to the body as a whole, which shall have a value of four hundred fifty (450) weeks, and there shall be paid compensation to the injured employee for the proportionate loss of use of the body as a whole resulting from the injury. (b) (1) In considering claims for permanent partial disability benefits in excess of the employee's percentage of permanent physical impairment, the Workers' Compensation Commission may take into account, in addition to the percentage of permanent physical impairment, such factors as the employee's age, education, work experience, and other matters reasonably expected to affect his or her future earning capacity. (2) However, so long as an employee, subsequent to his or her injury, has returned to work, has obtained other employment, or has a bona fide and reasonably obtainable offer to be employed at wages equal to or greater than his or her average weekly wage at the time of the accident, he or she shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by a preponderance of the medical testimony and evidence. (c) (1) The employer or his or her workers' compensation insurance carrier shall have the burden of proving the employee's employment, or the employee's receipt of a bona fide offer to be employed, at wages equal to or greater than his or her average weekly wage at the time of the accident. (2) Included in the stated intent of this section is to enable an employer to reduce or diminish payments of benefits for a functional disability, disability in excess of permanent physical impairment, which, in fact, no longer exists, or exists because of discharge for misconduct in connection with the work, or because the employee left his or her work voluntarily and without good cause connected with the work. (d) In accordance with this section, the commission may reconsider the question of functional disability and change a previously awarded disability rating based on facts occurring since the original disability determination if any party makes application for reconsideration within one (1) year after the occurrence of the facts. (e) In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine. (f) (1) Permanent total disability benefits shall be paid during the period of permanent total disability until the employee reaches the age of sixty-five (65); provided, with respect to permanent total disabilities resulting from injuries which occur after age sixty (60), regardless of the age of the employee, permanent total disability benefits are payable for a period of two hundred sixty (260) weeks. (2) The purpose and intent of this subsection is to prohibit workers' compensation from becoming a retirement supplement. (g) (1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1986 (2nd Ex. Sess.), No. 10, § 5; A.S.A. 1947, § 81-1313; Acts 1993, No. 796, § 24; 1997, No. 251, § 3; 1997, No. 260, § 3; 1999, No. 1168, § 1.

(a) A permanent partial disability not scheduled in § 11-9-521 shall be apportioned to the body as a whole, which shall have a value of four hundred fifty (450) weeks, and there shall be paid compensation to the injured employee for the proportionate loss of use of the body as a whole resulting from the injury.

(b) (1) In considering claims for permanent partial disability benefits in excess of the employee's percentage of permanent physical impairment, the Workers' Compensation Commission may take into account, in addition to the percentage of permanent physical impairment, such factors as the employee's age, education, work experience, and other matters reasonably expected to affect his or her future earning capacity. (2) However, so long as an employee, subsequent to his or her injury, has returned to work, has obtained other employment, or has a bona fide and reasonably obtainable offer to be employed at wages equal to or greater than his or her average weekly wage at the time of the accident, he or she shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by a preponderance of the medical testimony and evidence.

(1) In considering claims for permanent partial disability benefits in excess of the employee's percentage of permanent physical impairment, the Workers' Compensation Commission may take into account, in addition to the percentage of permanent physical impairment, such factors as the employee's age, education, work experience, and other matters reasonably expected to affect his or her future earning capacity.

(2) However, so long as an employee, subsequent to his or her injury, has returned to work, has obtained other employment, or has a bona fide and reasonably obtainable offer to be employed at wages equal to or greater than his or her average weekly wage at the time of the accident, he or she shall not be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by a preponderance of the medical testimony and evidence.

(c) (1) The employer or his or her workers' compensation insurance carrier shall have the burden of proving the employee's employment, or the employee's receipt of a bona fide offer to be employed, at wages equal to or greater than his or her average weekly wage at the time of the accident. (2) Included in the stated intent of this section is to enable an employer to reduce or diminish payments of benefits for a functional disability, disability in excess of permanent physical impairment, which, in fact, no longer exists, or exists because of discharge for misconduct in connection with the work, or because the employee left his or her work voluntarily and without good cause connected with the work.

(1) The employer or his or her workers' compensation insurance carrier shall have the burden of proving the employee's employment, or the employee's receipt of a bona fide offer to be employed, at wages equal to or greater than his or her average weekly wage at the time of the accident.

(2) Included in the stated intent of this section is to enable an employer to reduce or diminish payments of benefits for a functional disability, disability in excess of permanent physical impairment, which, in fact, no longer exists, or exists because of discharge for misconduct in connection with the work, or because the employee left his or her work voluntarily and without good cause connected with the work.

(d) In accordance with this section, the commission may reconsider the question of functional disability and change a previously awarded disability rating based on facts occurring since the original disability determination if any party makes application for reconsideration within one (1) year after the occurrence of the facts.

(e) In considering a claim for permanent disability, the commission and the courts shall not consider the odd-lot doctrine.

(f) (1) Permanent total disability benefits shall be paid during the period of permanent total disability until the employee reaches the age of sixty-five (65); provided, with respect to permanent total disabilities resulting from injuries which occur after age sixty (60), regardless of the age of the employee, permanent total disability benefits are payable for a period of two hundred sixty (260) weeks. (2) The purpose and intent of this subsection is to prohibit workers' compensation from becoming a retirement supplement.

(1) Permanent total disability benefits shall be paid during the period of permanent total disability until the employee reaches the age of sixty-five (65); provided, with respect to permanent total disabilities resulting from injuries which occur after age sixty (60), regardless of the age of the employee, permanent total disability benefits are payable for a period of two hundred sixty (260) weeks.

(2) The purpose and intent of this subsection is to prohibit workers' compensation from becoming a retirement supplement.

(g) (1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment. (2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

(1) (A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment. (B) The guide shall not include pain as a basis for impairment.

(A) The commission, after a public hearing, shall adopt an impairment rating guide to be used in the assessment of anatomical impairment.

(B) The guide shall not include pain as a basis for impairment.

(2) The impairment rating guide adopted by the commission shall be subject to review by the General Assembly before April 1 of every odd-numbered year beginning with the regular session of 1999.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Acts 1986 (2nd Ex. Sess.), No. 10, § 5; A.S.A. 1947, § 81-1313; Acts 1993, No. 796, § 24; 1997, No. 251, § 3; 1997, No. 260, § 3; 1999, No. 1168, § 1.
Ark. Code Ann. § 11-10-801 — AR Code / Title 11 / Chapter 10 / Subchapter 8 / Section 11-10-801
Establishment and control
Status: in_force

(a) There is established as a special fund, separate and apart from all public moneys or funds of this state, the "Unemployment Compensation Fund", which shall be administered by the Director of the Division of Workforce Services exclusively for the purposes of this chapter. (b) The Unemployment Compensation Fund shall consist of: (1) All the contributions collected under this chapter; (2) All interest earned upon any money in the Unemployment Compensation Fund; (3) All property or securities acquired in lieu of contributions or other liabilities to the Unemployment Compensation Fund; (4) All earnings of property or securities acquired in lieu of contributions or other liabilities; (5) All moneys recovered on losses sustained by the Unemployment Compensation Fund; (6) All moneys received from the federal Unemployment Account in the federal Unemployment Trust Fund in accordance with Title XII of the Social Security Act; (7) All moneys credited to this state's account in the federal Unemployment Trust Fund pursuant to section 903 of the Social Security Act; (8) All moneys received for the Unemployment Compensation Fund from any other source; (9) All moneys received from the United States Government as reimbursements pursuant to section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, Pub. L. No. 91-373; (10) All moneys received from the administrative assessment under § 11-10-706(c)(4) ; and (11) Fifteen percent (15%) of the penalty assessed on all fraudulent overpayments under § 11-10-532(a)(3) , the remainder of which shall be credited to the Division of Workforce Services Special Fund. (c) All moneys in the Unemployment Compensation Fund shall be commingled and undivided. Amended by Act 2023, No. 196,§ 8, eff. 3/6/2023. Amended by Act 2019, No. 910,§ 313, eff. 7/1/2019. Amended by Act 2019, No. 375,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 956,§ 7, eff. 7/1/2013. Acts 1941, No. 391, § 9; 1947, No. 398, § 9; 1959, No. 142, § 1; 1965, No. 33, § 1; 1973, No. 350, § 4; A.S.A. 1947, § 81-1112; Acts 1997, No. 234, § 27.

(a) There is established as a special fund, separate and apart from all public moneys or funds of this state, the "Unemployment Compensation Fund", which shall be administered by the Director of the Division of Workforce Services exclusively for the purposes of this chapter.

(b) The Unemployment Compensation Fund shall consist of: (1) All the contributions collected under this chapter; (2) All interest earned upon any money in the Unemployment Compensation Fund; (3) All property or securities acquired in lieu of contributions or other liabilities to the Unemployment Compensation Fund; (4) All earnings of property or securities acquired in lieu of contributions or other liabilities; (5) All moneys recovered on losses sustained by the Unemployment Compensation Fund; (6) All moneys received from the federal Unemployment Account in the federal Unemployment Trust Fund in accordance with Title XII of the Social Security Act; (7) All moneys credited to this state's account in the federal Unemployment Trust Fund pursuant to section 903 of the Social Security Act; (8) All moneys received for the Unemployment Compensation Fund from any other source; (9) All moneys received from the United States Government as reimbursements pursuant to section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, Pub. L. No. 91-373; (10) All moneys received from the administrative assessment under § 11-10-706(c)(4) ; and (11) Fifteen percent (15%) of the penalty assessed on all fraudulent overpayments under § 11-10-532(a)(3) , the remainder of which shall be credited to the Division of Workforce Services Special Fund.

(1) All the contributions collected under this chapter;

(2) All interest earned upon any money in the Unemployment Compensation Fund;

(3) All property or securities acquired in lieu of contributions or other liabilities to the Unemployment Compensation Fund;

(4) All earnings of property or securities acquired in lieu of contributions or other liabilities;

(5) All moneys recovered on losses sustained by the Unemployment Compensation Fund;

(6) All moneys received from the federal Unemployment Account in the federal Unemployment Trust Fund in accordance with Title XII of the Social Security Act;

(7) All moneys credited to this state's account in the federal Unemployment Trust Fund pursuant to section 903 of the Social Security Act;

(8) All moneys received for the Unemployment Compensation Fund from any other source;

(9) All moneys received from the United States Government as reimbursements pursuant to section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, Pub. L. No. 91-373;

(10) All moneys received from the administrative assessment under § 11-10-706(c)(4) ; and

(11) Fifteen percent (15%) of the penalty assessed on all fraudulent overpayments under § 11-10-532(a)(3) , the remainder of which shall be credited to the Division of Workforce Services Special Fund.

(c) All moneys in the Unemployment Compensation Fund shall be commingled and undivided.

Amended by Act 2023, No. 196,§ 8, eff. 3/6/2023.

Amended by Act 2019, No. 910,§ 313, eff. 7/1/2019.

Amended by Act 2019, No. 375,§ 1, eff. 7/24/2019.

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

Acts 1941, No. 391, § 9; 1947, No. 398, § 9; 1959, No. 142, § 1; 1965, No. 33, § 1; 1973, No. 350, § 4; A.S.A. 1947, § 81-1112; Acts 1997, No. 234, § 27.
Ark. Code Ann. § 11-10-1014 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1014
Liability
Status: in_force

Officers, officials, employees, and members of the Board of Directors of the Arkansas Development Finance Authority are not liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she acts with corrupt intent. Acts 2011, No. 1125, § 1.

Officers, officials, employees, and members of the Board of Directors of the Arkansas Development Finance Authority are not liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she acts with corrupt intent.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-4-302 — AR Code / Title 11 / Chapter 4 / Subchapter 3 / Section 11-4-302
Act cumulative
Status: in_force

This subchapter is a substitute for Acts 1923, No. 380, but apart from that act is cumulative in its effect and shall not be so construed as to nullify or repeal the laws now existing with regard to liens. Acts 1937, No. 86, § 6; Pope's Dig., § 8541; A.S.A. 1947, § 81-315.

This subchapter is a substitute for Acts 1923, No. 380, but apart from that act is cumulative in its effect and shall not be so construed as to nullify or repeal the laws now existing with regard to liens.

Acts 1937, No. 86, § 6; Pope's Dig., § 8541; A.S.A. 1947, § 81-315.
Ark. Code Ann. § 11-9-525 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-525
Compensation for disability - Second injuries
Status: in_force

(a) (1) The Second Injury Trust Fund established in this chapter is a special fund designed to ensure that an employer employing a worker with a disability will not, in the event that the worker suffers an injury on the job, be held liable for a greater disability or impairment than actually occurred while the worker was in his or her employment. (2) The employee is to be fully protected in that the fund pays the worker the difference between the employer's liability and the balance of his or her disability or impairment that results from all disabilities or impairments combined. (3) It is intended that latent conditions that are not known to the employee or employer not be considered previous disabilities or impairments which would give rise to a claim against the fund. (b) (1) Commencing January 1, 1981, all cases of permanent disability or impairment in which there has been previous disability or impairment shall be compensated as provided in this section. (2) Compensation shall be computed on the basis of the average earnings at the time of the last injury. (3) If any employee who has a permanent partial disability or impairment, whether from compensable injury or otherwise, receives a subsequent compensable injury resulting in additional permanent partial disability or impairment so that the degree or percentage of disability or impairment caused by the combined disabilities or impairments is greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of combined disabilities or impairments, then the employer at the time of the last injury shall be liable only for the degree or percentage of disability or impairment that would have resulted from the last injury had there been no preexisting disability or impairment. (4) After the compensation liability of the employer for the last injury, considered alone, which shall be no greater than the actual anatomical impairment resulting from the last injury, has been determined by an administrative law judge or the Workers' Compensation Commission, the degree or percentage of employee's disability that is attributable to all injuries or conditions existing at the time the last injury was sustained shall then be determined by the administrative law judge or the commission, and the degree or percentage of disability or impairment that existed prior to the last injury plus the disability or impairment resulting from the combined disability shall be determined, and compensation for that balance, if any, shall be paid out of the fund provided for in § 11-9-301 . (5) If the previous disability or impairment, whether from compensable injury or otherwise, and the last injury together result in permanent total disability, the employer at the time of the last injury shall be liable only for the actual anatomical impairment resulting from the last injury considered alone and of itself. However, if the compensation for which the employer at the time of the last injury is liable is less than the compensation provided in §§ 11-9-501 - 11-9-506 for permanent total disability, then, in addition to the compensation for which the employer is liable and after the completion of payment of compensation by the employer, the employee shall be paid the remainder of the compensation that would be due for permanent total disability under §§ 11-9-501 - 11-9-506 out of the fund. (6) The Treasurer of State shall be the custodian of the fund, and any interest accruing shall be added thereto. (7) The commission shall direct the distribution of the funds from the fund. (c) (1) In all cases in which a recovery against the fund is sought for permanent partial disability or for permanent total disability, the Treasurer of State as custodian shall be named as a party and shall be entitled to defend against the claim. (2) The Treasurer of State, with the advice and consent of the Attorney General, may enter into settlements as contemplated by §§ 11-9-804 and 11-9-805 . (3) All awards for permanent partial disability or for permanent total disability affecting the fund shall be subject to the provisions of the Workers' Compensation Law, § 11-9-101 et seq., governing review and appeal. (d) (1) If more than one (1) injury in the same employment causes concurrent temporary disabilities, weekly benefits shall be payable only for the longest and largest paying disability. (2) If more than one (1) injury in the same employment causes concurrent and consecutive permanent partial disability, weekly benefits for each subsequent disability shall not begin until the end of the compensation period for the prior disability. (e) (1) No claims under this section shall be made on or after January 1, 2008. (2) For all claims for permanent partial disability or permanent total disability made on or after January 1, 2008, the employer at the time of the employee's compensable injury is liable for such benefits subject to this chapter, excluding subsections (a)-(d) of this section. (f) (1) A claimant who has been deemed permanently totally disabled and is currently receiving benefits from the Second Injury Trust Fund as of December 31, 2009, shall receive those benefits from the Death and Permanent Total Disability Trust Fund commencing January 1, 2010. (2) For all claims pending against the Second Injury Trust Fund on and after January 1, 2010, if a claimant becomes eligible to receive benefits for permanent total disability from the Second Injury Trust Fund, then upon completion of payment by the employer of its obligation under subdivision (b)(5) of this section, the claimant shall be paid the remainder of the compensation that would be due for permanent total disability from the Death and Permanent Total Disability Trust Fund. Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; Acts 1973, No. 221, § 2; 1979, No. 253, § 4; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313; Acts 2007, No. 1415, § 1; 2009, No. 327, §§ 2, 3.

(a) (1) The Second Injury Trust Fund established in this chapter is a special fund designed to ensure that an employer employing a worker with a disability will not, in the event that the worker suffers an injury on the job, be held liable for a greater disability or impairment than actually occurred while the worker was in his or her employment. (2) The employee is to be fully protected in that the fund pays the worker the difference between the employer's liability and the balance of his or her disability or impairment that results from all disabilities or impairments combined. (3) It is intended that latent conditions that are not known to the employee or employer not be considered previous disabilities or impairments which would give rise to a claim against the fund.

(1) The Second Injury Trust Fund established in this chapter is a special fund designed to ensure that an employer employing a worker with a disability will not, in the event that the worker suffers an injury on the job, be held liable for a greater disability or impairment than actually occurred while the worker was in his or her employment.

(2) The employee is to be fully protected in that the fund pays the worker the difference between the employer's liability and the balance of his or her disability or impairment that results from all disabilities or impairments combined.

(3) It is intended that latent conditions that are not known to the employee or employer not be considered previous disabilities or impairments which would give rise to a claim against the fund.

(b) (1) Commencing January 1, 1981, all cases of permanent disability or impairment in which there has been previous disability or impairment shall be compensated as provided in this section. (2) Compensation shall be computed on the basis of the average earnings at the time of the last injury. (3) If any employee who has a permanent partial disability or impairment, whether from compensable injury or otherwise, receives a subsequent compensable injury resulting in additional permanent partial disability or impairment so that the degree or percentage of disability or impairment caused by the combined disabilities or impairments is greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of combined disabilities or impairments, then the employer at the time of the last injury shall be liable only for the degree or percentage of disability or impairment that would have resulted from the last injury had there been no preexisting disability or impairment. (4) After the compensation liability of the employer for the last injury, considered alone, which shall be no greater than the actual anatomical impairment resulting from the last injury, has been determined by an administrative law judge or the Workers' Compensation Commission, the degree or percentage of employee's disability that is attributable to all injuries or conditions existing at the time the last injury was sustained shall then be determined by the administrative law judge or the commission, and the degree or percentage of disability or impairment that existed prior to the last injury plus the disability or impairment resulting from the combined disability shall be determined, and compensation for that balance, if any, shall be paid out of the fund provided for in § 11-9-301 . (5) If the previous disability or impairment, whether from compensable injury or otherwise, and the last injury together result in permanent total disability, the employer at the time of the last injury shall be liable only for the actual anatomical impairment resulting from the last injury considered alone and of itself. However, if the compensation for which the employer at the time of the last injury is liable is less than the compensation provided in §§ 11-9-501 - 11-9-506 for permanent total disability, then, in addition to the compensation for which the employer is liable and after the completion of payment of compensation by the employer, the employee shall be paid the remainder of the compensation that would be due for permanent total disability under §§ 11-9-501 - 11-9-506 out of the fund. (6) The Treasurer of State shall be the custodian of the fund, and any interest accruing shall be added thereto. (7) The commission shall direct the distribution of the funds from the fund.

(1) Commencing January 1, 1981, all cases of permanent disability or impairment in which there has been previous disability or impairment shall be compensated as provided in this section.

(2) Compensation shall be computed on the basis of the average earnings at the time of the last injury.

(3) If any employee who has a permanent partial disability or impairment, whether from compensable injury or otherwise, receives a subsequent compensable injury resulting in additional permanent partial disability or impairment so that the degree or percentage of disability or impairment caused by the combined disabilities or impairments is greater than that which would have resulted from the last injury, considered alone and of itself, and if the employee is entitled to receive compensation on the basis of combined disabilities or impairments, then the employer at the time of the last injury shall be liable only for the degree or percentage of disability or impairment that would have resulted from the last injury had there been no preexisting disability or impairment.

(4) After the compensation liability of the employer for the last injury, considered alone, which shall be no greater than the actual anatomical impairment resulting from the last injury, has been determined by an administrative law judge or the Workers' Compensation Commission, the degree or percentage of employee's disability that is attributable to all injuries or conditions existing at the time the last injury was sustained shall then be determined by the administrative law judge or the commission, and the degree or percentage of disability or impairment that existed prior to the last injury plus the disability or impairment resulting from the combined disability shall be determined, and compensation for that balance, if any, shall be paid out of the fund provided for in § 11-9-301 .

(5) If the previous disability or impairment, whether from compensable injury or otherwise, and the last injury together result in permanent total disability, the employer at the time of the last injury shall be liable only for the actual anatomical impairment resulting from the last injury considered alone and of itself. However, if the compensation for which the employer at the time of the last injury is liable is less than the compensation provided in §§ 11-9-501 - 11-9-506 for permanent total disability, then, in addition to the compensation for which the employer is liable and after the completion of payment of compensation by the employer, the employee shall be paid the remainder of the compensation that would be due for permanent total disability under §§ 11-9-501 - 11-9-506 out of the fund.

(6) The Treasurer of State shall be the custodian of the fund, and any interest accruing shall be added thereto.

(7) The commission shall direct the distribution of the funds from the fund.

(c) (1) In all cases in which a recovery against the fund is sought for permanent partial disability or for permanent total disability, the Treasurer of State as custodian shall be named as a party and shall be entitled to defend against the claim. (2) The Treasurer of State, with the advice and consent of the Attorney General, may enter into settlements as contemplated by §§ 11-9-804 and 11-9-805 . (3) All awards for permanent partial disability or for permanent total disability affecting the fund shall be subject to the provisions of the Workers' Compensation Law, § 11-9-101 et seq., governing review and appeal.

(1) In all cases in which a recovery against the fund is sought for permanent partial disability or for permanent total disability, the Treasurer of State as custodian shall be named as a party and shall be entitled to defend against the claim.

(2) The Treasurer of State, with the advice and consent of the Attorney General, may enter into settlements as contemplated by §§ 11-9-804 and 11-9-805 .

(3) All awards for permanent partial disability or for permanent total disability affecting the fund shall be subject to the provisions of the Workers' Compensation Law, § 11-9-101 et seq., governing review and appeal.

(d) (1) If more than one (1) injury in the same employment causes concurrent temporary disabilities, weekly benefits shall be payable only for the longest and largest paying disability. (2) If more than one (1) injury in the same employment causes concurrent and consecutive permanent partial disability, weekly benefits for each subsequent disability shall not begin until the end of the compensation period for the prior disability.

(1) If more than one (1) injury in the same employment causes concurrent temporary disabilities, weekly benefits shall be payable only for the longest and largest paying disability.

(2) If more than one (1) injury in the same employment causes concurrent and consecutive permanent partial disability, weekly benefits for each subsequent disability shall not begin until the end of the compensation period for the prior disability.

(e) (1) No claims under this section shall be made on or after January 1, 2008. (2) For all claims for permanent partial disability or permanent total disability made on or after January 1, 2008, the employer at the time of the employee's compensable injury is liable for such benefits subject to this chapter, excluding subsections (a)-(d) of this section.

(1) No claims under this section shall be made on or after January 1, 2008.

(2) For all claims for permanent partial disability or permanent total disability made on or after January 1, 2008, the employer at the time of the employee's compensable injury is liable for such benefits subject to this chapter, excluding subsections (a)-(d) of this section.

(f) (1) A claimant who has been deemed permanently totally disabled and is currently receiving benefits from the Second Injury Trust Fund as of December 31, 2009, shall receive those benefits from the Death and Permanent Total Disability Trust Fund commencing January 1, 2010. (2) For all claims pending against the Second Injury Trust Fund on and after January 1, 2010, if a claimant becomes eligible to receive benefits for permanent total disability from the Second Injury Trust Fund, then upon completion of payment by the employer of its obligation under subdivision (b)(5) of this section, the claimant shall be paid the remainder of the compensation that would be due for permanent total disability from the Death and Permanent Total Disability Trust Fund.

(1) A claimant who has been deemed permanently totally disabled and is currently receiving benefits from the Second Injury Trust Fund as of December 31, 2009, shall receive those benefits from the Death and Permanent Total Disability Trust Fund commencing January 1, 2010.

(2) For all claims pending against the Second Injury Trust Fund on and after January 1, 2010, if a claimant becomes eligible to receive benefits for permanent total disability from the Second Injury Trust Fund, then upon completion of payment by the employer of its obligation under subdivision (b)(5) of this section, the claimant shall be paid the remainder of the compensation that would be due for permanent total disability from the Death and Permanent Total Disability Trust Fund.

Init. Meas. 1948, No. 4, § 13, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 2, Acts 1957; Init. Meas. 1968, No. 1, §§ 2, 3, Acts 1969; Acts 1973, No. 221, § 2; 1979, No. 253, § 4; 1981, No. 290, § 4; A.S.A. 1947, § 81-1313; Acts 2007, No. 1415, § 1; 2009, No. 327, §§ 2, 3.
Ark. Code Ann. § 11-9-811 — AR Code / Title 11 / Chapter 9 / Subchapter 8 / Section 11-9-811
Investigations
Status: in_force

Upon its own initiative at any time where compensation payments are being made without an award, the Workers' Compensation Commission may and in any case where the right to compensation has been controverted or where payments of compensation have been suspended, or where an employer seeks to suspend payments made under an award, or on application of an interested party, the commission shall make such investigation, cause such medical examination to be made, hold such hearings, and take such further action as the commission deems proper for the protection of the rights of all parties. Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1953, No. 167, § 1; A.S.A. 1947, § 81-1319.

Upon its own initiative at any time where compensation payments are being made without an award, the Workers' Compensation Commission may and in any case where the right to compensation has been controverted or where payments of compensation have been suspended, or where an employer seeks to suspend payments made under an award, or on application of an interested party, the commission shall make such investigation, cause such medical examination to be made, hold such hearings, and take such further action as the commission deems proper for the protection of the rights of all parties.

Init. Meas. 1948, No. 4, § 19, Acts 1949, p. 1420; Acts 1953, No. 167, § 1; A.S.A. 1947, § 81-1319.
Ark. Code Ann. § 11-9-512 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-512
Medical services and supplies - Refusal to submit to operation
Status: in_force

Except in cases of hernia, which are specifically covered by § 11-9-523 , where an injured person unreasonably refuses to submit to a surgical operation which has been advised by at least two (2) qualified physicians and where the recommended operation does not involve unreasonable risk of life or additional serious physical impairment, the Workers' Compensation Commission, in fixing the amount of compensation, may take into consideration such refusal to submit to the advised operation. Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.

Except in cases of hernia, which are specifically covered by § 11-9-523 , where an injured person unreasonably refuses to submit to a surgical operation which has been advised by at least two (2) qualified physicians and where the recommended operation does not involve unreasonable risk of life or additional serious physical impairment, the Workers' Compensation Commission, in fixing the amount of compensation, may take into consideration such refusal to submit to the advised operation.

Init. Meas. 1948, No. 4, § 11, Acts 1949, p. 1420; Acts 1975, No. 330, § 1; 1979, No. 253, § 3; 1981, No. 290, § 3; 1983, No. 444, § 2; A.S.A. 1947, § 81-1311.
Ark. Code Ann. § 11-9-412 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-412
Motor carrier drivers - Definitions
Status: in_force

(a) As used in this section: (1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property; (2) "Driver" means a person, including but not limited to a member of a team, who operates a commercial motor vehicle; (3) "Motor carrier" means a person, partnership, corporation, or limited liability company that provides truck transportation; and (4) "Owner-operator" means a person, partnership, corporation, or limited liability company that owns or holds under a bona fide lease a commercial motor vehicle that is provided to a motor carrier. (b) (1) Notwithstanding any other law, an owner-operator that provides a commercial motor vehicle and the services of one (1) or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier. (2) The motor carrier shall not be liable for any compensation required by this chapter to the owner-operator, its employees, or subcontractors. (3) An owner-operator that is under exclusive contract to the motor carrier may elect to secure coverage for the owner-operator and for one (1) or more drivers of the owner-operator through a workers' compensation insurance policy or authorized self-insurance plan that insures the motor carrier if: (A) The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and (B) The owner-operator pays the premiums as requested by the motor carrier. (4) An owner-operator's election, whether or not under subdivision (b)(3) of this section, to be covered and to have one (1) or more of its drivers covered under a workers' compensation insurance policy or authorized self-insurance plan shall not terminate or otherwise affect the independent-contractor status of the owner-operator or of any of its drivers. Added by Act 2013, No. 1166,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property; (2) "Driver" means a person, including but not limited to a member of a team, who operates a commercial motor vehicle; (3) "Motor carrier" means a person, partnership, corporation, or limited liability company that provides truck transportation; and (4) "Owner-operator" means a person, partnership, corporation, or limited liability company that owns or holds under a bona fide lease a commercial motor vehicle that is provided to a motor carrier.

(1) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property;

(2) "Driver" means a person, including but not limited to a member of a team, who operates a commercial motor vehicle;

(3) "Motor carrier" means a person, partnership, corporation, or limited liability company that provides truck transportation; and

(4) "Owner-operator" means a person, partnership, corporation, or limited liability company that owns or holds under a bona fide lease a commercial motor vehicle that is provided to a motor carrier.

(b) (1) Notwithstanding any other law, an owner-operator that provides a commercial motor vehicle and the services of one (1) or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier. (2) The motor carrier shall not be liable for any compensation required by this chapter to the owner-operator, its employees, or subcontractors. (3) An owner-operator that is under exclusive contract to the motor carrier may elect to secure coverage for the owner-operator and for one (1) or more drivers of the owner-operator through a workers' compensation insurance policy or authorized self-insurance plan that insures the motor carrier if: (A) The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and (B) The owner-operator pays the premiums as requested by the motor carrier. (4) An owner-operator's election, whether or not under subdivision (b)(3) of this section, to be covered and to have one (1) or more of its drivers covered under a workers' compensation insurance policy or authorized self-insurance plan shall not terminate or otherwise affect the independent-contractor status of the owner-operator or of any of its drivers.

(1) Notwithstanding any other law, an owner-operator that provides a commercial motor vehicle and the services of one (1) or more drivers to a motor carrier under a written contract, and each driver so provided, is not an employee of the motor carrier but is an independent contractor of the motor carrier.

(2) The motor carrier shall not be liable for any compensation required by this chapter to the owner-operator, its employees, or subcontractors.

(3) An owner-operator that is under exclusive contract to the motor carrier may elect to secure coverage for the owner-operator and for one (1) or more drivers of the owner-operator through a workers' compensation insurance policy or authorized self-insurance plan that insures the motor carrier if: (A) The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and (B) The owner-operator pays the premiums as requested by the motor carrier.

(A) The election by the owner-operator is made in writing as part of a written contract between the owner-operator and the motor carrier; and

(B) The owner-operator pays the premiums as requested by the motor carrier.

(4) An owner-operator's election, whether or not under subdivision (b)(3) of this section, to be covered and to have one (1) or more of its drivers covered under a workers' compensation insurance policy or authorized self-insurance plan shall not terminate or otherwise affect the independent-contractor status of the owner-operator or of any of its drivers.

Added by Act 2013, No. 1166,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 11-5-114 — AR Code / Title 11 / Chapter 5 / Subchapter 1 / Section 11-5-114
Requiring use of out-of-state mail-order pharmacy
Status: in_force

(a) It shall be unlawful for any employer providing pharmacy services, including prescription drugs, to employees as a part of a health care program to require the employee to obtain drugs from an out-of-state mail-order pharmacy as a condition of obtaining the employer's payment for the prescription drugs or to impose upon an employee not utilizing an out-of-state mail-order pharmacy designated by the employer a copayment fee or other condition not imposed upon employees utilizing the designated out-of-state mail-order pharmacy. (b) (1) This section shall not apply to any employer who: (A) Offers, as a part of a health care program, health insurance coverage to employees that provides for payment of an equal portion of the cost to the employee for prescription drugs regardless of the supplier if the health insurance plan allows the employee freedom of choice in determining where the drugs are purchased; or (B) Had in force effective January 1, 1987, a mail-order prescription drug plan for employees. (2) The provisions of this section shall not be applicable to health care programs in existence on March 30, 1987. (c) (1) Any person or entity violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) Each violation shall constitute a separate offense. Acts 1987, No. 489, §§ 1-4.

(a) It shall be unlawful for any employer providing pharmacy services, including prescription drugs, to employees as a part of a health care program to require the employee to obtain drugs from an out-of-state mail-order pharmacy as a condition of obtaining the employer's payment for the prescription drugs or to impose upon an employee not utilizing an out-of-state mail-order pharmacy designated by the employer a copayment fee or other condition not imposed upon employees utilizing the designated out-of-state mail-order pharmacy.

(b) (1) This section shall not apply to any employer who: (A) Offers, as a part of a health care program, health insurance coverage to employees that provides for payment of an equal portion of the cost to the employee for prescription drugs regardless of the supplier if the health insurance plan allows the employee freedom of choice in determining where the drugs are purchased; or (B) Had in force effective January 1, 1987, a mail-order prescription drug plan for employees. (2) The provisions of this section shall not be applicable to health care programs in existence on March 30, 1987.

(1) This section shall not apply to any employer who: (A) Offers, as a part of a health care program, health insurance coverage to employees that provides for payment of an equal portion of the cost to the employee for prescription drugs regardless of the supplier if the health insurance plan allows the employee freedom of choice in determining where the drugs are purchased; or (B) Had in force effective January 1, 1987, a mail-order prescription drug plan for employees.

(A) Offers, as a part of a health care program, health insurance coverage to employees that provides for payment of an equal portion of the cost to the employee for prescription drugs regardless of the supplier if the health insurance plan allows the employee freedom of choice in determining where the drugs are purchased; or

(B) Had in force effective January 1, 1987, a mail-order prescription drug plan for employees.

(2) The provisions of this section shall not be applicable to health care programs in existence on March 30, 1987.

(c) (1) Any person or entity violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) Each violation shall constitute a separate offense.

(1) Any person or entity violating the provisions of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(2) Each violation shall constitute a separate offense.

Acts 1987, No. 489, §§ 1-4.
Ark. Code Ann. § 11-9-505 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-505
Additional compensation - Rehabilitation
Status: in_force

(a) (1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee's physical and mental limitations, upon order of the Workers' Compensation Commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of the refusal, for a period not exceeding one (1) year. (2) In determining the availability of employment, the continuance in business of the employer shall be considered, and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall control. (b) (1) In addition to benefits otherwise provided for by this chapter, an employee who is entitled to receive compensation benefits for permanent disability and who has not been offered an opportunity to return to work or reemployment assistance shall be paid reasonable expenses of travel and maintenance and other necessary costs of a program of vocational rehabilitation if the commission finds that the program is reasonable in relation to the disability sustained by the employee. (2) The employer's responsibility for additional payments shall not exceed seventy-two (72) weeks, regardless of the length of the program requested. (3) The employee shall not be required to enter any program of vocational rehabilitation against his or her consent; however, no employee who waives rehabilitation or refuses to participate in or cooperate for reasonable cause with either an offered program of rehabilitation or job placement assistance shall be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by objective physical findings. (4) A request for the program, if elected by the claimant, must be filed with the commission prior to a determination of the amount of permanent disability benefits payable to the employee. (c) This section shall not be construed as creating an exception to the common law regarding employment at will. (d) The purpose and intent of this section is to place an emphasis on returning the injured worker to work, while still allowing and providing for vocational rehabilitation programs when determined appropriate by the commission. Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1975 (Extended Sess., 1976), No. 1227, § 7; 1979, No. 253, § 2; 1981, No. 290, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 7; Acts 1993, No. 796, § 17.

(a) (1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee's physical and mental limitations, upon order of the Workers' Compensation Commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of the refusal, for a period not exceeding one (1) year. (2) In determining the availability of employment, the continuance in business of the employer shall be considered, and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall control.

(1) Any employer who without reasonable cause refuses to return an employee who is injured in the course of employment to work, where suitable employment is available within the employee's physical and mental limitations, upon order of the Workers' Compensation Commission, and in addition to other benefits, shall be liable to pay to the employee the difference between benefits received and the average weekly wages lost during the period of the refusal, for a period not exceeding one (1) year.

(2) In determining the availability of employment, the continuance in business of the employer shall be considered, and any written rules promulgated by the employer with respect to seniority or the provisions of any collective bargaining agreement with respect to seniority shall control.

(b) (1) In addition to benefits otherwise provided for by this chapter, an employee who is entitled to receive compensation benefits for permanent disability and who has not been offered an opportunity to return to work or reemployment assistance shall be paid reasonable expenses of travel and maintenance and other necessary costs of a program of vocational rehabilitation if the commission finds that the program is reasonable in relation to the disability sustained by the employee. (2) The employer's responsibility for additional payments shall not exceed seventy-two (72) weeks, regardless of the length of the program requested. (3) The employee shall not be required to enter any program of vocational rehabilitation against his or her consent; however, no employee who waives rehabilitation or refuses to participate in or cooperate for reasonable cause with either an offered program of rehabilitation or job placement assistance shall be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by objective physical findings. (4) A request for the program, if elected by the claimant, must be filed with the commission prior to a determination of the amount of permanent disability benefits payable to the employee.

(1) In addition to benefits otherwise provided for by this chapter, an employee who is entitled to receive compensation benefits for permanent disability and who has not been offered an opportunity to return to work or reemployment assistance shall be paid reasonable expenses of travel and maintenance and other necessary costs of a program of vocational rehabilitation if the commission finds that the program is reasonable in relation to the disability sustained by the employee.

(2) The employer's responsibility for additional payments shall not exceed seventy-two (72) weeks, regardless of the length of the program requested.

(3) The employee shall not be required to enter any program of vocational rehabilitation against his or her consent; however, no employee who waives rehabilitation or refuses to participate in or cooperate for reasonable cause with either an offered program of rehabilitation or job placement assistance shall be entitled to permanent partial disability benefits in excess of the percentage of permanent physical impairment established by objective physical findings.

(4) A request for the program, if elected by the claimant, must be filed with the commission prior to a determination of the amount of permanent disability benefits payable to the employee.

(c) This section shall not be construed as creating an exception to the common law regarding employment at will.

(d) The purpose and intent of this section is to place an emphasis on returning the injured worker to work, while still allowing and providing for vocational rehabilitation programs when determined appropriate by the commission.

Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1975 (Extended Sess., 1976), No. 1227, § 7; 1979, No. 253, § 2; 1981, No. 290, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 7; Acts 1993, No. 796, § 17.
Ark. Code Ann. § 11-10-304 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-304
Arkansas State Employment Service - Creation
Status: in_force

(a) The Arkansas State Employment Service is established within the Division of Workforce Services. (b) The Director of the Division of Workforce Services, in the conduct of the service, shall establish and maintain free public employment offices in such numbers and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such functions as are within the purview of the Act of the United States Congress of June 6, 1933, hereinafter referred to as the "Wagner-Peyser Act". (c) The provisions of that act of the United States Congress are accepted by this state, and the division is designated and constituted the agency of this state for the purposes of that act. (d) All moneys received by this state under that act of the United States Congress shall be paid into the Employment Security Administration Fund, § 11-10-320 , and shall be expended solely for the maintenance of the state system of public employment offices. (e) (1) For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the director is authorized to enter into agreements with the United States Railroad Retirement Board, or any other agency of the United States or of this or any other state, charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter. (2) As a part of such agreements, the director may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. (3) All moneys received for these purposes shall be paid into the Employment Security Administration Fund. (f) In addition to the services and activities otherwise authorized by this chapter, the division may perform, or contract for the performance of, such other services and activities as shall be specified in contracts for payment or reimbursement of the costs thereof made with the United States Secretary of Labor, with any federal, state, or local public agency, or administrative entity, or with any employer or private for-profit or nonprofit organization under, in accordance with, and in furtherance of the purposes of the Job Training Partnership Act, Pub. L. No. 97-300 [repealed]. Amended by Act 2019, No. 910,§ 191, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 190, eff. 7/1/2019. Acts 1941, No. 391, § 12; 1947, No. 398, § 11; 1949, No. 369, § 8; 1985, No. 8, § 22; 1985, No. 9, § 22; A.S.A. 1947, § 81-1115; Acts 1991, No. 100, §§ 10-12.

(a) The Arkansas State Employment Service is established within the Division of Workforce Services.

(b) The Director of the Division of Workforce Services, in the conduct of the service, shall establish and maintain free public employment offices in such numbers and in such places as may be necessary for the proper administration of this chapter and for the purpose of performing such functions as are within the purview of the Act of the United States Congress of June 6, 1933, hereinafter referred to as the "Wagner-Peyser Act".

(c) The provisions of that act of the United States Congress are accepted by this state, and the division is designated and constituted the agency of this state for the purposes of that act.

(d) All moneys received by this state under that act of the United States Congress shall be paid into the Employment Security Administration Fund, § 11-10-320 , and shall be expended solely for the maintenance of the state system of public employment offices.

(e) (1) For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the director is authorized to enter into agreements with the United States Railroad Retirement Board, or any other agency of the United States or of this or any other state, charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter. (2) As a part of such agreements, the director may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed. (3) All moneys received for these purposes shall be paid into the Employment Security Administration Fund.

(1) For the purpose of establishing and maintaining free public employment offices and promoting the use of their facilities, the director is authorized to enter into agreements with the United States Railroad Retirement Board, or any other agency of the United States or of this or any other state, charged with the administration of any law whose purposes are reasonably related to the purposes of this chapter.

(2) As a part of such agreements, the director may accept moneys, services, or quarters as a contribution to the maintenance of the state system of public employment offices or as reimbursement for services performed.

(3) All moneys received for these purposes shall be paid into the Employment Security Administration Fund.

(f) In addition to the services and activities otherwise authorized by this chapter, the division may perform, or contract for the performance of, such other services and activities as shall be specified in contracts for payment or reimbursement of the costs thereof made with the United States Secretary of Labor, with any federal, state, or local public agency, or administrative entity, or with any employer or private for-profit or nonprofit organization under, in accordance with, and in furtherance of the purposes of the Job Training Partnership Act, Pub. L. No. 97-300 [repealed].

Amended by Act 2019, No. 910,§ 191, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 190, eff. 7/1/2019.

Acts 1941, No. 391, § 12; 1947, No. 398, § 11; 1949, No. 369, § 8; 1985, No. 8, § 22; 1985, No. 9, § 22; A.S.A. 1947, § 81-1115; Acts 1991, No. 100, §§ 10-12.