Ark. Code Ann. § 11-9-404 — AR Code / Title 11 / Chapter 9 / Subchapter 4 / Section 11-9-404
Security for compensation
Status: in_force

(a) Every employer shall secure the payment of compensation under this chapter: (1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write workers' compensation insurance; (2) (A) By furnishing satisfactory proof to the Workers' Compensation Commission of the employer's financial ability to pay compensation and receiving an authorization from the commission to pay compensation directly. (B) The commission, as a condition to such authorization, may require the employer, except municipalities, counties, or the State of Arkansas or its political subdivisions, to deposit in a depository designated by the commission either an indemnity bond, irrevocable letter of credit, or securities of any kind and in an amount determined by the commission, subject to such reasonable conditions as the commission may prescribe. The conditions shall include authorization to the commission, in case of default, to sell any securities sufficient to pay compensation awards or to bring suit on the bonds or the letter of credit to procure prompt payment of compensation under this chapter. (C) Any employer securing compensation in accordance with the provisions of this subdivision (a)(2) shall be known as a self-insurer and shall be classed as a carrier of its own insurance. (D) A self-insurer may have the privilege of securing those portions of the payment of compensation under this chapter as the self-insurer shall elect by insuring the portions with a company approved by the commission. The liability of the company shall be limited to those features and liabilities of this chapter as are expressly stated, and none other; (3) (A) The commission, under such rules as it may prescribe, may permit two (2) or more employers engaged in the same type of business activity or pursuit to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as an homogeneous self-insurer. (B) (i) The commission, under such rules as it may prescribe, may permit two (2) or more employers who are members of the same trade or professional association to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as a common self-insurer. (ii) The trade or professional association shall have been in active existence for at least three (3) years; such associations shall have a constitution or bylaws; and all trustees shall be participants in the common self-insurer program, shall have members that support the association by regular payment of dues on an annual, semiannual, quarterly, or monthly basis, and shall be created in good faith for purposes other than that of creating workers' compensation common self-insurer pools. (iii) No two (2) trade or professional associations shall be allowed to combine or join each other and qualify as a common self-insurer. (C) In order to qualify as group self-insurers, these groups shall furnish to or satisfy the commission as to the following: (i) An application on a form prescribed by the commission by an elected board of trustees to establish a self-insurance fund to be administered under the direction of the trustees; (ii) The application shall be accompanied by: (a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and (b) An individual application by each member of the groups applying for coverage in the fund; (iii) A current, audited financial statement of each member of the groups showing a combined net worth of all members applying for coverage of not less than one million dollars ($1,000,000), a combined ratio of current assets to current liabilities of not less than one to one (1:1), and working capital of an amount establishing financial ability and liquidity sufficient to pay normal compensation claims promptly; (iv) (a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000). (b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; (v) That there exist ample facilities and competent personnel of good character within the groups, or through an approved service organization, for the groups to service their own programs with respect to underwriting matters, claims and adjusting, industrial safety engineering, accounting, and financial management; (vi) (a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission. (b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and (vii) (a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require. (b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges; (4) Each member of the groups shall file financial reports and statements at such times and in such manner as the commission may require to satisfy itself as to the continued financial stability of the member; and (5) In order to continue to qualify as a homogeneous self-insurer fund or common self-insurer fund, the groups shall continue to meet the minimum requirements as set forth in subdivision (a)(3) of this section or as prescribed by the commission. (b) (1) Except for the initial qualification of the groups, a certified audited financial statement shall not be required of any member of a group either for initial membership or as a condition for continued membership in the group. (2) However, each financial statement filed with the commission shall be duly certified by the president and treasurer of the member, in the case of a corporation, and by the owner and general partners, respectively, in the case of an individual proprietorship or partnership, to the effect that such financial statement is true and correct to the best of the knowledge and belief of the officer, individual owner, or partner and truly reflects the financial condition of the member. (c) Any person who knowingly files a false or fraudulent financial statement under the provisions of this chapter shall, upon conviction, be fined not more than ten thousand dollars ($10,000) or imprisoned not more than five (5) years, or both. (d) Jurisdiction for the enforcement of the provisions of this chapter or any appeal therefrom shall be in the Pulaski County Circuit Court. The underlying purpose of this chapter is to assure the payment of benefits due employees, and this chapter shall be liberally construed to that end. (e) (1) The commission may suspend or revoke any authorization to a self-insurer for a good cause shown after a hearing at which the self-insurer shall be entitled to be heard in person or by counsel and to present evidence. (2) No suspension or revocation shall affect the liability of any self-insurer already incurred. (f) Authorization to write compensation insurance under this chapter shall be given to a carrier only after the carrier has received a certificate of authority from the Insurance Commissioner to transact the business of workers' compensation insurance in Arkansas and the commission has been notified in writing of the issuance of the certificate of authority. Amended by Act 2019, No. 315,§ 784, eff. 7/24/2019. Init. Meas. 1948, No. 4, § 36, Acts 1949, p. 1420; Acts 1979, No. 994, § 1; 1981, No. 72, § 1; A.S.A. 1947, § 81-1336; Acts 1987, No. 806, §§ 1, 2; 1987, No. 980, § 1; 1989, No. 821, § 3; 1993, No. 683, § 1; 1995, No. 825, § 1; 2003, No. 468, § 1.

(a) Every employer shall secure the payment of compensation under this chapter: (1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write workers' compensation insurance; (2) (A) By furnishing satisfactory proof to the Workers' Compensation Commission of the employer's financial ability to pay compensation and receiving an authorization from the commission to pay compensation directly. (B) The commission, as a condition to such authorization, may require the employer, except municipalities, counties, or the State of Arkansas or its political subdivisions, to deposit in a depository designated by the commission either an indemnity bond, irrevocable letter of credit, or securities of any kind and in an amount determined by the commission, subject to such reasonable conditions as the commission may prescribe. The conditions shall include authorization to the commission, in case of default, to sell any securities sufficient to pay compensation awards or to bring suit on the bonds or the letter of credit to procure prompt payment of compensation under this chapter. (C) Any employer securing compensation in accordance with the provisions of this subdivision (a)(2) shall be known as a self-insurer and shall be classed as a carrier of its own insurance. (D) A self-insurer may have the privilege of securing those portions of the payment of compensation under this chapter as the self-insurer shall elect by insuring the portions with a company approved by the commission. The liability of the company shall be limited to those features and liabilities of this chapter as are expressly stated, and none other; (3) (A) The commission, under such rules as it may prescribe, may permit two (2) or more employers engaged in the same type of business activity or pursuit to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as an homogeneous self-insurer. (B) (i) The commission, under such rules as it may prescribe, may permit two (2) or more employers who are members of the same trade or professional association to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as a common self-insurer. (ii) The trade or professional association shall have been in active existence for at least three (3) years; such associations shall have a constitution or bylaws; and all trustees shall be participants in the common self-insurer program, shall have members that support the association by regular payment of dues on an annual, semiannual, quarterly, or monthly basis, and shall be created in good faith for purposes other than that of creating workers' compensation common self-insurer pools. (iii) No two (2) trade or professional associations shall be allowed to combine or join each other and qualify as a common self-insurer. (C) In order to qualify as group self-insurers, these groups shall furnish to or satisfy the commission as to the following: (i) An application on a form prescribed by the commission by an elected board of trustees to establish a self-insurance fund to be administered under the direction of the trustees; (ii) The application shall be accompanied by: (a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and (b) An individual application by each member of the groups applying for coverage in the fund; (iii) A current, audited financial statement of each member of the groups showing a combined net worth of all members applying for coverage of not less than one million dollars ($1,000,000), a combined ratio of current assets to current liabilities of not less than one to one (1:1), and working capital of an amount establishing financial ability and liquidity sufficient to pay normal compensation claims promptly; (iv) (a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000). (b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; (v) That there exist ample facilities and competent personnel of good character within the groups, or through an approved service organization, for the groups to service their own programs with respect to underwriting matters, claims and adjusting, industrial safety engineering, accounting, and financial management; (vi) (a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission. (b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and (vii) (a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require. (b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges; (4) Each member of the groups shall file financial reports and statements at such times and in such manner as the commission may require to satisfy itself as to the continued financial stability of the member; and (5) In order to continue to qualify as a homogeneous self-insurer fund or common self-insurer fund, the groups shall continue to meet the minimum requirements as set forth in subdivision (a)(3) of this section or as prescribed by the commission.

(1) By insuring and keeping insured the payment of the compensation with any carrier authorized to write workers' compensation insurance;

(2) (A) By furnishing satisfactory proof to the Workers' Compensation Commission of the employer's financial ability to pay compensation and receiving an authorization from the commission to pay compensation directly. (B) The commission, as a condition to such authorization, may require the employer, except municipalities, counties, or the State of Arkansas or its political subdivisions, to deposit in a depository designated by the commission either an indemnity bond, irrevocable letter of credit, or securities of any kind and in an amount determined by the commission, subject to such reasonable conditions as the commission may prescribe. The conditions shall include authorization to the commission, in case of default, to sell any securities sufficient to pay compensation awards or to bring suit on the bonds or the letter of credit to procure prompt payment of compensation under this chapter. (C) Any employer securing compensation in accordance with the provisions of this subdivision (a)(2) shall be known as a self-insurer and shall be classed as a carrier of its own insurance. (D) A self-insurer may have the privilege of securing those portions of the payment of compensation under this chapter as the self-insurer shall elect by insuring the portions with a company approved by the commission. The liability of the company shall be limited to those features and liabilities of this chapter as are expressly stated, and none other;

(A) By furnishing satisfactory proof to the Workers' Compensation Commission of the employer's financial ability to pay compensation and receiving an authorization from the commission to pay compensation directly.

(B) The commission, as a condition to such authorization, may require the employer, except municipalities, counties, or the State of Arkansas or its political subdivisions, to deposit in a depository designated by the commission either an indemnity bond, irrevocable letter of credit, or securities of any kind and in an amount determined by the commission, subject to such reasonable conditions as the commission may prescribe. The conditions shall include authorization to the commission, in case of default, to sell any securities sufficient to pay compensation awards or to bring suit on the bonds or the letter of credit to procure prompt payment of compensation under this chapter.

(C) Any employer securing compensation in accordance with the provisions of this subdivision (a)(2) shall be known as a self-insurer and shall be classed as a carrier of its own insurance.

(D) A self-insurer may have the privilege of securing those portions of the payment of compensation under this chapter as the self-insurer shall elect by insuring the portions with a company approved by the commission. The liability of the company shall be limited to those features and liabilities of this chapter as are expressly stated, and none other;

(3) (A) The commission, under such rules as it may prescribe, may permit two (2) or more employers engaged in the same type of business activity or pursuit to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as an homogeneous self-insurer. (B) (i) The commission, under such rules as it may prescribe, may permit two (2) or more employers who are members of the same trade or professional association to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as a common self-insurer. (ii) The trade or professional association shall have been in active existence for at least three (3) years; such associations shall have a constitution or bylaws; and all trustees shall be participants in the common self-insurer program, shall have members that support the association by regular payment of dues on an annual, semiannual, quarterly, or monthly basis, and shall be created in good faith for purposes other than that of creating workers' compensation common self-insurer pools. (iii) No two (2) trade or professional associations shall be allowed to combine or join each other and qualify as a common self-insurer. (C) In order to qualify as group self-insurers, these groups shall furnish to or satisfy the commission as to the following: (i) An application on a form prescribed by the commission by an elected board of trustees to establish a self-insurance fund to be administered under the direction of the trustees; (ii) The application shall be accompanied by: (a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and (b) An individual application by each member of the groups applying for coverage in the fund; (iii) A current, audited financial statement of each member of the groups showing a combined net worth of all members applying for coverage of not less than one million dollars ($1,000,000), a combined ratio of current assets to current liabilities of not less than one to one (1:1), and working capital of an amount establishing financial ability and liquidity sufficient to pay normal compensation claims promptly; (iv) (a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000). (b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; (v) That there exist ample facilities and competent personnel of good character within the groups, or through an approved service organization, for the groups to service their own programs with respect to underwriting matters, claims and adjusting, industrial safety engineering, accounting, and financial management; (vi) (a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission. (b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and (vii) (a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require. (b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges;

(A) The commission, under such rules as it may prescribe, may permit two (2) or more employers engaged in the same type of business activity or pursuit to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as an homogeneous self-insurer.

(B) (i) The commission, under such rules as it may prescribe, may permit two (2) or more employers who are members of the same trade or professional association to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as a common self-insurer. (ii) The trade or professional association shall have been in active existence for at least three (3) years; such associations shall have a constitution or bylaws; and all trustees shall be participants in the common self-insurer program, shall have members that support the association by regular payment of dues on an annual, semiannual, quarterly, or monthly basis, and shall be created in good faith for purposes other than that of creating workers' compensation common self-insurer pools. (iii) No two (2) trade or professional associations shall be allowed to combine or join each other and qualify as a common self-insurer.

(i) The commission, under such rules as it may prescribe, may permit two (2) or more employers who are members of the same trade or professional association to enter into agreements to pool their liabilities under this section for the purpose of qualifying as self-insurers, and each such approved group shall be classified as a common self-insurer.

(ii) The trade or professional association shall have been in active existence for at least three (3) years; such associations shall have a constitution or bylaws; and all trustees shall be participants in the common self-insurer program, shall have members that support the association by regular payment of dues on an annual, semiannual, quarterly, or monthly basis, and shall be created in good faith for purposes other than that of creating workers' compensation common self-insurer pools.

(iii) No two (2) trade or professional associations shall be allowed to combine or join each other and qualify as a common self-insurer.

(C) In order to qualify as group self-insurers, these groups shall furnish to or satisfy the commission as to the following: (i) An application on a form prescribed by the commission by an elected board of trustees to establish a self-insurance fund to be administered under the direction of the trustees; (ii) The application shall be accompanied by: (a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and (b) An individual application by each member of the groups applying for coverage in the fund; (iii) A current, audited financial statement of each member of the groups showing a combined net worth of all members applying for coverage of not less than one million dollars ($1,000,000), a combined ratio of current assets to current liabilities of not less than one to one (1:1), and working capital of an amount establishing financial ability and liquidity sufficient to pay normal compensation claims promptly; (iv) (a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000). (b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; (v) That there exist ample facilities and competent personnel of good character within the groups, or through an approved service organization, for the groups to service their own programs with respect to underwriting matters, claims and adjusting, industrial safety engineering, accounting, and financial management; (vi) (a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission. (b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and (vii) (a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require. (b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges;

(i) An application on a form prescribed by the commission by an elected board of trustees to establish a self-insurance fund to be administered under the direction of the trustees;

(ii) The application shall be accompanied by: (a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and (b) An individual application by each member of the groups applying for coverage in the fund;

(a) An indemnity agreement in a form satisfactory to the commission jointly and severally binding the groups and each member of the groups to comply with the provisions of the Workers' Compensation Law, § 11-9-101 et seq.; and

(b) An individual application by each member of the groups applying for coverage in the fund;

(iii) A current, audited financial statement of each member of the groups showing a combined net worth of all members applying for coverage of not less than one million dollars ($1,000,000), a combined ratio of current assets to current liabilities of not less than one to one (1:1), and working capital of an amount establishing financial ability and liquidity sufficient to pay normal compensation claims promptly;

(iv) (a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000). (b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions;

(a) That the groups deposit and maintain with the commission acceptable securities or have posted a surety bond issued by a corporate surety authorized to do business in the State of Arkansas, in an amount determined by the commission, but not less than two hundred thousand dollars ($200,000).

(b) However, this subdivision (a)(3)(C)(iv) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions;

(v) That there exist ample facilities and competent personnel of good character within the groups, or through an approved service organization, for the groups to service their own programs with respect to underwriting matters, claims and adjusting, industrial safety engineering, accounting, and financial management;

(vi) (a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission. (b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and

(a) That the groups maintain excess insurance with an insurance company authorized to do business in this state in an amount acceptable to the commission.

(b) However, this subdivision (a)(3)(C)(vi) shall not be applicable to municipalities, counties, or the State of Arkansas and its political subdivisions; and

(vii) (a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require. (b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges;

(a) That such financial statements, payroll records, accident experience, and compensation reports and such other reports and statements are filed at such time and in such manner as the commission shall require.

(b) However, any fund which fails or refuses to file the reports within the time limits prescribed by the commission shall be subject to a civil penalty in such amount as the commission may prescribe not to exceed one hundred dollars ($100) per infraction per day, and the failure or refusal may be considered good cause for revocation or suspension of self-insurance privileges;

(4) Each member of the groups shall file financial reports and statements at such times and in such manner as the commission may require to satisfy itself as to the continued financial stability of the member; and

(5) In order to continue to qualify as a homogeneous self-insurer fund or common self-insurer fund, the groups shall continue to meet the minimum requirements as set forth in subdivision (a)(3) of this section or as prescribed by the commission.

(b) (1) Except for the initial qualification of the groups, a certified audited financial statement shall not be required of any member of a group either for initial membership or as a condition for continued membership in the group. (2) However, each financial statement filed with the commission shall be duly certified by the president and treasurer of the member, in the case of a corporation, and by the owner and general partners, respectively, in the case of an individual proprietorship or partnership, to the effect that such financial statement is true and correct to the best of the knowledge and belief of the officer, individual owner, or partner and truly reflects the financial condition of the member.

(1) Except for the initial qualification of the groups, a certified audited financial statement shall not be required of any member of a group either for initial membership or as a condition for continued membership in the group.

(2) However, each financial statement filed with the commission shall be duly certified by the president and treasurer of the member, in the case of a corporation, and by the owner and general partners, respectively, in the case of an individual proprietorship or partnership, to the effect that such financial statement is true and correct to the best of the knowledge and belief of the officer, individual owner, or partner and truly reflects the financial condition of the member.

(c) Any person who knowingly files a false or fraudulent financial statement under the provisions of this chapter shall, upon conviction, be fined not more than ten thousand dollars ($10,000) or imprisoned not more than five (5) years, or both.

(d) Jurisdiction for the enforcement of the provisions of this chapter or any appeal therefrom shall be in the Pulaski County Circuit Court. The underlying purpose of this chapter is to assure the payment of benefits due employees, and this chapter shall be liberally construed to that end.

(e) (1) The commission may suspend or revoke any authorization to a self-insurer for a good cause shown after a hearing at which the self-insurer shall be entitled to be heard in person or by counsel and to present evidence. (2) No suspension or revocation shall affect the liability of any self-insurer already incurred.

(1) The commission may suspend or revoke any authorization to a self-insurer for a good cause shown after a hearing at which the self-insurer shall be entitled to be heard in person or by counsel and to present evidence.

(2) No suspension or revocation shall affect the liability of any self-insurer already incurred.

(f) Authorization to write compensation insurance under this chapter shall be given to a carrier only after the carrier has received a certificate of authority from the Insurance Commissioner to transact the business of workers' compensation insurance in Arkansas and the commission has been notified in writing of the issuance of the certificate of authority.

Amended by Act 2019, No. 315,§ 784, eff. 7/24/2019.

Init. Meas. 1948, No. 4, § 36, Acts 1949, p. 1420; Acts 1979, No. 994, § 1; 1981, No. 72, § 1; A.S.A. 1947, § 81-1336; Acts 1987, No. 806, §§ 1, 2; 1987, No. 980, § 1; 1989, No. 821, § 3; 1993, No. 683, § 1; 1995, No. 825, § 1; 2003, No. 468, § 1.
Ark. Code Ann. § 11-10-544 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-544
Reciprocal arrangements with state and federal agencies
Status: in_force

(a) The Director of the Division of Workforce Services is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby: (1) Services performed by an individual for a single employing unit for which services are customarily performed in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states: (A) In which any part of the individual's service is performed; (B) In which the individual has his or her residence; or (C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state; (2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund; (3) (A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable. (B) No arrangement shall be entered into unless it contains provisions for reimbursements to the fund for the benefits paid under this chapter upon the basis of the wages or services and provisions for reimbursements from the fund for such of the compensation paid under the other law upon the basis of wages for insured work as the director finds will be fair and reasonable as to all affected interests; and (4) Contributions due under this chapter with respect to wages for insured work shall, for the purposes of §§ 11-10-716 - 11-10-722 , be deemed to have been paid to the fund as of the date payment was made as contributions under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains such provisions for reimbursement to the fund of the contributions and the actual earnings thereon as the director finds will be fair and reasonable as to all affected interests. (b) (1) Reimbursements paid from the fund pursuant to subdivision (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 11-10-501 - 11-10-506 , 11-10-517 , and 11-10-801 - 11-10-804 . (2) The director is authorized to make to other state or federal agencies and to receive from other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to subsection (a) of this section. (c) (1) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and other states and the appropriate federal agencies in exchanging services and making available facilities and information. (2) (A) The director is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as he or she deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law. (B) In like manner, the director is authorized to accept and utilize information, services, and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law. (d) To the extent permissible under the laws and United States Constitution, the director is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under this chapter or under a similar law of the government. (e) The director is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or the federal government, or both, and to sign specific agreements to carry out the provisions of arrangements, and to enter into agreement with any federal agency to pay benefits as an agent of the United States Government under any law passed by the United States Congress for the purpose of paying benefits to employees of the United States or persons entitled to benefits by reason of service in the United States Armed Forces. (f) The director is authorized to make application for loans and grants with any governmental agency under any act of the United States Congress that authorizes the making of such loans and grants. Amended by Act 2019, No. 910,§ 274, eff. 7/1/2019. Acts 1941, No. 391, § 18; 1955, No. 395, § 28; A.S.A. 1947, § 81-1121.

(a) The Director of the Division of Workforce Services is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby: (1) Services performed by an individual for a single employing unit for which services are customarily performed in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states: (A) In which any part of the individual's service is performed; (B) In which the individual has his or her residence; or (C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state; (2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund; (3) (A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable. (B) No arrangement shall be entered into unless it contains provisions for reimbursements to the fund for the benefits paid under this chapter upon the basis of the wages or services and provisions for reimbursements from the fund for such of the compensation paid under the other law upon the basis of wages for insured work as the director finds will be fair and reasonable as to all affected interests; and (4) Contributions due under this chapter with respect to wages for insured work shall, for the purposes of §§ 11-10-716 - 11-10-722 , be deemed to have been paid to the fund as of the date payment was made as contributions under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains such provisions for reimbursement to the fund of the contributions and the actual earnings thereon as the director finds will be fair and reasonable as to all affected interests.

(1) Services performed by an individual for a single employing unit for which services are customarily performed in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states: (A) In which any part of the individual's service is performed; (B) In which the individual has his or her residence; or (C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state;

(A) In which any part of the individual's service is performed;

(B) In which the individual has his or her residence; or

(C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state;

(2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund;

(3) (A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable. (B) No arrangement shall be entered into unless it contains provisions for reimbursements to the fund for the benefits paid under this chapter upon the basis of the wages or services and provisions for reimbursements from the fund for such of the compensation paid under the other law upon the basis of wages for insured work as the director finds will be fair and reasonable as to all affected interests; and

(A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable.

(B) No arrangement shall be entered into unless it contains provisions for reimbursements to the fund for the benefits paid under this chapter upon the basis of the wages or services and provisions for reimbursements from the fund for such of the compensation paid under the other law upon the basis of wages for insured work as the director finds will be fair and reasonable as to all affected interests; and

(4) Contributions due under this chapter with respect to wages for insured work shall, for the purposes of §§ 11-10-716 - 11-10-722 , be deemed to have been paid to the fund as of the date payment was made as contributions under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains such provisions for reimbursement to the fund of the contributions and the actual earnings thereon as the director finds will be fair and reasonable as to all affected interests.

(b) (1) Reimbursements paid from the fund pursuant to subdivision (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 11-10-501 - 11-10-506 , 11-10-517 , and 11-10-801 - 11-10-804 . (2) The director is authorized to make to other state or federal agencies and to receive from other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to subsection (a) of this section.

(1) Reimbursements paid from the fund pursuant to subdivision (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 11-10-501 - 11-10-506 , 11-10-517 , and 11-10-801 - 11-10-804 .

(2) The director is authorized to make to other state or federal agencies and to receive from other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to subsection (a) of this section.

(c) (1) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and other states and the appropriate federal agencies in exchanging services and making available facilities and information. (2) (A) The director is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as he or she deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law. (B) In like manner, the director is authorized to accept and utilize information, services, and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law.

(1) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and other states and the appropriate federal agencies in exchanging services and making available facilities and information.

(2) (A) The director is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as he or she deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law. (B) In like manner, the director is authorized to accept and utilize information, services, and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law.

(A) The director is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as he or she deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law.

(B) In like manner, the director is authorized to accept and utilize information, services, and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law.

(d) To the extent permissible under the laws and United States Constitution, the director is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under this chapter or under a similar law of the government.

(e) The director is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or the federal government, or both, and to sign specific agreements to carry out the provisions of arrangements, and to enter into agreement with any federal agency to pay benefits as an agent of the United States Government under any law passed by the United States Congress for the purpose of paying benefits to employees of the United States or persons entitled to benefits by reason of service in the United States Armed Forces.

(f) The director is authorized to make application for loans and grants with any governmental agency under any act of the United States Congress that authorizes the making of such loans and grants.

Amended by Act 2019, No. 910,§ 274, eff. 7/1/2019.

Acts 1941, No. 391, § 18; 1955, No. 395, § 28; A.S.A. 1947, § 81-1121.
Ark. Code Ann. § 11-10-520 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-520
Claims - Posting of information by employer
Status: in_force

(a) Each employer shall post and maintain, in places readily accessible to individuals in the employer's employ, printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the Director of the Division of Workforce Services may by rule prescribe. (b) Each employer shall supply to those individuals copies of such printed statements or other materials relating to claims for benefits when, and as, the director may by rule prescribe. (c) The printed statements and other materials shall be supplied by the director to each employer without cost to the employer. Amended by Act 2019, No. 315,§ 821, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 249, eff. 7/1/2019. Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.

(a) Each employer shall post and maintain, in places readily accessible to individuals in the employer's employ, printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the Director of the Division of Workforce Services may by rule prescribe.

(b) Each employer shall supply to those individuals copies of such printed statements or other materials relating to claims for benefits when, and as, the director may by rule prescribe.

(c) The printed statements and other materials shall be supplied by the director to each employer without cost to the employer.

Amended by Act 2019, No. 315,§ 821, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 249, eff. 7/1/2019.

Acts 1941, No. 391, § 6; A.S.A. 1947, § 81-1107.
Ark. Code Ann. § 11-10-704 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-704
Future rates - Experience rates generally
Status: in_force

(a) The Director of the Division of Workforce Services shall, for each calendar year, classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to regular benefits charged against their accounts, with a view to fixing the contribution rates as will reflect their experience. (b) (1) Except as provided in subsection (c) of this section, the director shall determine the contribution rates of each employer in accordance with the requirements of this section and § 11-10-705 . (2) (A) Each employer's rate shall be two and nine-tenths percent (2.9%) except as otherwise provided in the other provisions of this subchapter. (B) (i) (a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date. (3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information which is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of base-period employers. (4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection. (5) Each employer's 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. (c) (1) The director shall determine the contribution rates of each employer according to the requirements of this section and § 11-10-705 . (2) (A) For any calendar year beginning on or after January 1, 2024, each employer's rate shall be one and nine-tenths percent (1.9%) except as otherwise provided in this subchapter. (B) (i) (a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) (a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year. (b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date. (3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information that is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of the base-period employer. (4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection. (5) Each employer's 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. Amended by Act 2023, No. 196,§ 3, eff. 3/6/2023. Amended by Act 2019, No. 910,§ 286, eff. 7/1/2019. Acts 1941, No. 391, § 7; 1943, No. 135, § 1; 1947, No. 398, § 6; 1955, No. 395, § 22; 1957, No. 133, § 1; 1963, No. 93, § 9; 1971, No. 35, § 11; 1973, No. 329, §§ 10, 11; 1973, No. 350, §§ 2, 3; 1975, No. 609, § 6; A.S.A. 1947, § 81-1108; Acts 2001, No. 1528, § 1; 2005, No. 902, § 8.

(a) The Director of the Division of Workforce Services shall, for each calendar year, classify employers in accordance with their actual experience in the payment of contributions on their own behalf and with respect to regular benefits charged against their accounts, with a view to fixing the contribution rates as will reflect their experience.

(b) (1) Except as provided in subsection (c) of this section, the director shall determine the contribution rates of each employer in accordance with the requirements of this section and § 11-10-705 . (2) (A) Each employer's rate shall be two and nine-tenths percent (2.9%) except as otherwise provided in the other provisions of this subchapter. (B) (i) (a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date. (3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information which is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of base-period employers. (4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection. (5) Each employer's 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.

(1) Except as provided in subsection (c) of this section, the director shall determine the contribution rates of each employer in accordance with the requirements of this section and § 11-10-705 .

(2) (A) Each employer's rate shall be two and nine-tenths percent (2.9%) except as otherwise provided in the other provisions of this subchapter. (B) (i) (a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date.

(A) Each employer's rate shall be two and nine-tenths percent (2.9%) except as otherwise provided in the other provisions of this subchapter.

(B) (i) (a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.

(i) (a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(a) No employer's rate shall be less than two and nine-tenths percent (2.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits if eligible.

(b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of two and nine-tenths percent (2.9%) or a contribution rate based on the rate schedule at § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits if eligible;

(2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and

(3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(ii) (a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made.

(a) The election authorized in subdivision (b)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability.

(b) A two-and-nine-tenths-percent rate will be assigned unless a timely election has been made.

(iii) If the election is made timely, the employer's account will receive the rate elected for the remainder of that rate year. The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.

(C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date.

(3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information which is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of base-period employers.

(A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information which is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount.

(B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of base-period employers.

(4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection.

(5) Each employer's 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.

(c) (1) The director shall determine the contribution rates of each employer according to the requirements of this section and § 11-10-705 . (2) (A) For any calendar year beginning on or after January 1, 2024, each employer's rate shall be one and nine-tenths percent (1.9%) except as otherwise provided in this subchapter. (B) (i) (a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) (a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year. (b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date. (3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information that is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of the base-period employer. (4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection. (5) Each employer's 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.

(1) The director shall determine the contribution rates of each employer according to the requirements of this section and § 11-10-705 .

(2) (A) For any calendar year beginning on or after January 1, 2024, each employer's rate shall be one and nine-tenths percent (1.9%) except as otherwise provided in this subchapter. (B) (i) (a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) (a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year. (b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date. (C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date.

(A) For any calendar year beginning on or after January 1, 2024, each employer's rate shall be one and nine-tenths percent (1.9%) except as otherwise provided in this subchapter.

(B) (i) (a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System. (ii) (a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made. (iii) (a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year. (b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.

(i) (a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible. (b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(a) An employer's rate shall not be less than one and nine-tenths percent (1.9%) unless and until there have been three (3) years immediately preceding the computation date throughout which an individual in the employer's employ could have received benefits, if eligible.

(b) Provided, however, an employer who, at the time of establishing an account, is in business in another state or states and who is not currently doing business in Arkansas may elect to receive a beginning contribution rate of one and nine-tenths percent (1.9%) or a contribution rate based on the rate schedule in § 11-10-705(b)(1) , whichever is lower, but in no event less than one percent (1%), provided: (1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible; (2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and (3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(1) The employer has been in operation in the other state or states for at least three (3) years immediately preceding the date of becoming a liable employer in Arkansas, throughout which an individual in the employer's employ could have received benefits, if eligible;

(2) The employer must provide the authenticated account history from information accumulated from operations in the other state or states to compute a current Arkansas rate; and

(3) The employer's business operations established in Arkansas are of the same nature as conducted in the other state or states, as defined by the North American Industry Classification System.

(ii) (a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability. (b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made.

(a) The election authorized in subdivision (c)(2)(B)(i) of this section must be made in writing within thirty (30) days after receiving notice of Arkansas liability.

(b) A one-and-nine-tenths-percent rate will be assigned unless a timely election has been made.

(iii) (a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year. (b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.

(a) If the election is timely made, the employer's account will receive the rate elected for the remainder of that rate year.

(b) The rate assigned for the next and subsequent years will be determined by the condition of the account on the computation date.

(C) However, any employer having no covered employment under this chapter for any calendar year shall have a rate equal to his or her most recently determined contribution rate until the employer has one (1) full year of benefit risk experience immediately preceding the computation date.

(3) (A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information that is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount. (B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of the base-period employer.

(A) Notwithstanding any other provisions of §§ 11-10-701 - 11-10-715 , if the director determines that an employer has willfully submitted false information that is material with respect to the employment or separation from employment of any claimant, employee, or former employee, for the purpose of preventing regular benefit charges to the employer's account, the employer shall be assessed a penalty equivalent to twice the amount of the claimant's maximum potential benefit amount.

(B) This penalty shall be charged against the employer's account for experience rating purposes, regardless of whether or not the employer is a base-period employer and irrespective of the identity or number of the base-period employer.

(4) An employer who changes from reimbursement to the contributory method of financing shall be considered a new or newly covered employer and can be entitled to an experience rate only when the new or newly covered employer has met the requirements of this subsection.

(5) Each employer's 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.

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

Amended by Act 2019, No. 910,§ 286, eff. 7/1/2019.

Acts 1941, No. 391, § 7; 1943, No. 135, § 1; 1947, No. 398, § 6; 1955, No. 395, § 22; 1957, No. 133, § 1; 1963, No. 93, § 9; 1971, No. 35, § 11; 1973, No. 329, §§ 10, 11; 1973, No. 350, §§ 2, 3; 1975, No. 609, § 6; A.S.A. 1947, § 81-1108; Acts 2001, No. 1528, § 1; 2005, No. 902, § 8.
Ark. Code Ann. § 11-10-1012 — AR Code / Title 11 / Chapter 10 / Subchapter 10 / Section 11-10-1012
Investment of proceeds
Status: in_force

(a) Proceeds from the sale of the bonds shall be deposited into trust funds or accounts established under the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture securing the bonds. (b) (1) The holder of the trust funds shall establish separate accounts for the bonds. (2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the Arkansas Development Finance Authority may determine to be necessary or desirable to accomplish the purposes of this subchapter. (c) All procedures and methods for application of proceeds of the bonds shall be developed in consultation with the Arkansas Development Finance Authority, set forth in the resolution or trust indenture authorizing or securing the bonds, and maintained as part of the records of the Arkansas Development Finance Authority. (d) The holder and administrator of funds, composed, in whole or in part, of proceeds of bonds or disbursement from funds established under this subchapter, shall be required by appropriate provision of the resolution or trust indenture authorizing or securing the bonds issued to assist the Arkansas Development Finance Authority in preparing any report related to the bonds that may be required by this subchapter or other applicable federal or state law. (e) Proceeds from the sale of the bonds and any money held in any funds created under or authorized by this subchapter may be invested and reinvested in accordance with the resolution or trust indenture authorizing or securing the bonds issued and shall be invested by or at the direction of the Arkansas Development Finance Authority to the fullest extent practicable pending disbursement for the purposes intended in any of the following: (1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury, or obligations the principal of and interest on which are unconditionally guaranteed by the United States; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States government agency if the obligations are backed by the full faith and credit of the United States; (3) Nonfull-faith and credit senior debt obligations issued or guaranteed by United States government agencies; (4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section; (5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial bank deposits that are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by the State of Arkansas, any municipality, county, or school district in the state or by any agency or instrumentality of the state; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest-rating categories of a nationally recognized rating agency; (9) (A) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. (B) Repurchase agreements shall satisfy the following criteria: (i) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (ii) The written repurchase agreement contract must include the following: (a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (b) The term of the repurchase agreement may not exceed thirty (30) calendar days; (c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and (10) Any other investment authorized by law. Acts 2011, No. 1125, § 1.

(a) Proceeds from the sale of the bonds shall be deposited into trust funds or accounts established under the resolution or trust indenture authorizing or securing the bonds to accomplish the purposes of this subchapter in amounts or portions as set forth in the resolution or trust indenture securing the bonds.

(b) (1) The holder of the trust funds shall establish separate accounts for the bonds. (2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the Arkansas Development Finance Authority may determine to be necessary or desirable to accomplish the purposes of this subchapter.

(1) The holder of the trust funds shall establish separate accounts for the bonds.

(2) In addition and under the resolution or trust indenture authorizing or securing the bonds, there may be created other funds, accounts, or subaccounts as the Arkansas Development Finance Authority may determine to be necessary or desirable to accomplish the purposes of this subchapter.

(c) All procedures and methods for application of proceeds of the bonds shall be developed in consultation with the Arkansas Development Finance Authority, set forth in the resolution or trust indenture authorizing or securing the bonds, and maintained as part of the records of the Arkansas Development Finance Authority.

(d) The holder and administrator of funds, composed, in whole or in part, of proceeds of bonds or disbursement from funds established under this subchapter, shall be required by appropriate provision of the resolution or trust indenture authorizing or securing the bonds issued to assist the Arkansas Development Finance Authority in preparing any report related to the bonds that may be required by this subchapter or other applicable federal or state law.

(e) Proceeds from the sale of the bonds and any money held in any funds created under or authorized by this subchapter may be invested and reinvested in accordance with the resolution or trust indenture authorizing or securing the bonds issued and shall be invested by or at the direction of the Arkansas Development Finance Authority to the fullest extent practicable pending disbursement for the purposes intended in any of the following: (1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury, or obligations the principal of and interest on which are unconditionally guaranteed by the United States; (2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States government agency if the obligations are backed by the full faith and credit of the United States; (3) Nonfull-faith and credit senior debt obligations issued or guaranteed by United States government agencies; (4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section; (5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial bank deposits that are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral; (6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation; (7) Bonds or notes issued by the State of Arkansas, any municipality, county, or school district in the state or by any agency or instrumentality of the state; (8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest-rating categories of a nationally recognized rating agency; (9) (A) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. (B) Repurchase agreements shall satisfy the following criteria: (i) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (ii) The written repurchase agreement contract must include the following: (a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (b) The term of the repurchase agreement may not exceed thirty (30) calendar days; (c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and (10) Any other investment authorized by law.

(1) Direct obligations of the United States, including obligations issued or held in book entry form on the books of the United States Department of the Treasury, or obligations the principal of and interest on which are unconditionally guaranteed by the United States;

(2) Bonds, debentures, notes, or other evidences of indebtedness issued or guaranteed by any United States government agency if the obligations are backed by the full faith and credit of the United States;

(3) Nonfull-faith and credit senior debt obligations issued or guaranteed by United States government agencies;

(4) Money market funds investing exclusively in the investments described in subdivisions (e)(1)-(3) of this section;

(5) (A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section. (B) The certificates must be issued by commercial bank deposits that are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party. (C) The holder of the trust funds must have a perfected first security interest in the collateral;

(A) Certificates of deposit providing for deposits secured at all times by collateral described in subdivisions (e)(1)-(3) of this section.

(B) The certificates must be issued by commercial bank deposits that are insured by the Federal Deposit Insurance Corporation and collateral of which must be held by a third party.

(C) The holder of the trust funds must have a perfected first security interest in the collateral;

(6) Certificates of deposit, savings accounts, deposit accounts, or money market deposits, all of which are fully insured by the Federal Deposit Insurance Corporation;

(7) Bonds or notes issued by the State of Arkansas, any municipality, county, or school district in the state or by any agency or instrumentality of the state;

(8) Investment agreements with financial institutions or insurance companies that are rated in one (1) of the two (2) highest-rating categories of a nationally recognized rating agency;

(9) (A) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date. (B) Repurchase agreements shall satisfy the following criteria: (i) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (ii) The written repurchase agreement contract must include the following: (a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (b) The term of the repurchase agreement may not exceed thirty (30) calendar days; (c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(A) Repurchase agreements providing for the transfer of securities from a dealer bank or securities firm to the holder of the trust funds and the transfer of cash from the holder of the trust funds to the dealer bank or securities firm with an agreement that the dealer bank or securities firm will repay the cash plus a yield to the holder of the trust funds in exchange for the securities at a specified date.

(B) Repurchase agreements shall satisfy the following criteria: (i) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and (ii) The written repurchase agreement contract must include the following: (a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (b) The term of the repurchase agreement may not exceed thirty (30) calendar days; (c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(i) Repurchase agreements must be between the holder of the trust funds and a dealer bank or securities firm described as follows: (a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or (b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(a) Dealers with at least one hundred million dollars ($100,000,000) in capital; or

(b) Banks whose deposits are insured by the Federal Deposit Insurance Corporation; and

(ii) The written repurchase agreement contract must include the following: (a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section; (b) The term of the repurchase agreement may not exceed thirty (30) calendar days; (c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and (d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(a) Securities that are acceptable for transfer are those listed in subdivisions (e)(1)-(3) of this section;

(b) The term of the repurchase agreement may not exceed thirty (30) calendar days;

(c) The collateral must be delivered to the holder of the trust funds, a trustee if a trustee is not supplying the collateral, or a third party acting as agent for the trustee if the trustee is supplying the collateral before or simultaneously with payment; and

(d) (1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest. (2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(1) The securities must be valued weekly, marked-to-market at current market price plus accrued interest.

(2) (A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest. (B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(A) The value of collateral must be equal to one hundred three percent (103%) of the amount of cash transferred by the holder of the trust funds to the dealer bank or security firm under the repurchase agreement plus accrued interest.

(B) If the value of securities held as collateral declines below one hundred three percent (103%) of the value of the cash transferred by the holder of the trust funds, then additional cash or acceptable securities, or both, must be transferred and held by the holder of the trust funds; and

(10) Any other investment authorized by law.

Acts 2011, No. 1125, § 1.
Ark. Code Ann. § 11-9-905 — AR Code / Title 11 / Chapter 9 / Subchapter 9 / Section 11-9-905
Report to board of directors on financial condition of self-insurer
Status: in_force

The Workers' Compensation Commission shall report to the board of directors of each corporation when the commission has reasonable cause to believe that the payment of potential claims by an Arkansas workers' compensation self-insurer is or may be jeopardized by the existing or potential financial condition of the self-insurer. The board of directors of the corporation which has the affected self-insurer as a member shall, based upon such information as is reasonably available, report to the commission upon all matters germane to the solvency, liquidation, rehabilitation, or conservation of any workers' compensation self-insurer, and such reports shall not be deemed public documents under the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other law. Acts 1991, No. 756, § 5; 1995, No. 825, § 5.

The Workers' Compensation Commission shall report to the board of directors of each corporation when the commission has reasonable cause to believe that the payment of potential claims by an Arkansas workers' compensation self-insurer is or may be jeopardized by the existing or potential financial condition of the self-insurer. The board of directors of the corporation which has the affected self-insurer as a member shall, based upon such information as is reasonably available, report to the commission upon all matters germane to the solvency, liquidation, rehabilitation, or conservation of any workers' compensation self-insurer, and such reports shall not be deemed public documents under the Freedom of Information Act of 1967, § 25-19-101 et seq., or any other law.

Acts 1991, No. 756, § 5; 1995, No. 825, § 5.
Ark. Code Ann. § 11-9-203 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-203
Members - Removal
Status: in_force

(a) The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the charges preferred and an opportunity of being publicly heard, in person or by counsel, upon not less than ten (10) days' notice. (b) A representative of the Attorney General's office shall attend the proceedings and upon the Governor's request shall advise or assist him or her therein. (c) Either party may procure the attendance of witnesses and their testimony as is now provided by the Civil Code in ordinary actions. (d) If a member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and his or her findings, together with a complete record of the proceedings had and a transcript of testimony. It shall constitute a public record of the state. Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.

(a) The Governor may, at any time, remove any member of the Workers' Compensation Commission for inefficiency, neglect of duty, or misconduct in office, giving him or her in advance a copy of the charges preferred and an opportunity of being publicly heard, in person or by counsel, upon not less than ten (10) days' notice.

(b) A representative of the Attorney General's office shall attend the proceedings and upon the Governor's request shall advise or assist him or her therein.

(c) Either party may procure the attendance of witnesses and their testimony as is now provided by the Civil Code in ordinary actions.

(d) If a member is removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against the member and his or her findings, together with a complete record of the proceedings had and a transcript of testimony. It shall constitute a public record of the state.

Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
Ark. Code Ann. § 11-10-513 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-513
Disqualification - Voluntarily leaving work - Definitions
Status: in_force

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work. (2) (A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so. (B) (i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e) . (C) "Temporary employee" means an employee assigned to work for the clients of a temporary help firm. (3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole, post-release supervision, or probation shall be deemed to have left work "voluntarily and without good cause connected with the work". (4) The disqualification 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. (b) No individual shall be disqualified under this section if after making reasonable efforts to preserve his or her job rights he or she left his or her last work: (1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; (2) (A) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(2)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; (3) (A) Due to domestic violence that causes the individual reasonably to believe that the individual's continued employment will jeopardize the safety of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(3)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; or (4) To accompany the individual's spouse because of a change in the location of the spouse's employment that makes it impractical to commute. (c) (1) No individual shall be disqualified under this section if he or she left his or her last work because he or she voluntarily participated in a permanent reduction in the employer's workforce after the employer announced a pending reduction in its workforce and asked for volunteers. (2) Such actions initiated by the employer shall be considered layoffs regardless of any incentives offered by the employer to induce its employees to volunteer. (3) Any incentives received shall be reported under § 11-10-517 . Amended by Act 2023, No. 659,§ 56, eff. 1/1/2024. Amended by Act 2019, No. 453,§ 4, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 241, eff. 7/1/2019. Acts 1941, No. 391, § 5; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 9, 10; 1963, No. 93, § 6; 1967, No. 248, § 1; 1977, No. 366, § 6; 1979, No. 492, § 7; 1979, No. 922, § 7; 1983, No. 482, § 16; A.S.A. 1947, § 81-1106; Acts 1997, No. 234, § 12; 2003, No. 1223, § 5; 2005, No. 902, § 2; 2007, No. 490, § 5; 2009, No. 802, § 4.

(a) (1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work. (2) (A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so. (B) (i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e) . (C) "Temporary employee" means an employee assigned to work for the clients of a temporary help firm. (3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole, post-release supervision, or probation shall be deemed to have left work "voluntarily and without good cause connected with the work". (4) The disqualification 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.

(1) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits if he or she voluntarily and without good cause connected with the work left his or her last work.

(2) (A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so. (B) (i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e) . (C) "Temporary employee" means an employee assigned to work for the clients of a temporary help firm.

(A) An individual working as a temporary employee will be deemed to have voluntarily quit employment and will be disqualified for benefits under this subsection if upon conclusion of his or her latest assignment, the temporary employee without good cause failed to contact the temporary help firm for reassignment, provided that the employer advised the temporary employee at the time of hire that he or she must report for reassignment upon conclusion of each assignment and that unemployment benefits may be denied for failure to do so.

(B) (i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects. (ii) The term does not include employee leasing companies regulated under § 11-10-717(e) .

(i) As used in this subsection, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situations such as employees' absences, temporary skill shortages, seasonal workloads, and special assignments and projects.

(ii) The term does not include employee leasing companies regulated under § 11-10-717(e) .

(C) "Temporary employee" means an employee assigned to work for the clients of a temporary help firm.

(3) Any person who leaves his or her last work to comply with the order of a correctional institution or to satisfy the terms of his or her parole, post-release supervision, or probation shall be deemed to have left work "voluntarily and without good cause connected with the work".

(4) The disqualification 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.

(b) No individual shall be disqualified under this section if after making reasonable efforts to preserve his or her job rights he or she left his or her last work: (1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification; (2) (A) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(2)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; (3) (A) Due to domestic violence that causes the individual reasonably to believe that the individual's continued employment will jeopardize the safety of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(3)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; or (4) To accompany the individual's spouse because of a change in the location of the spouse's employment that makes it impractical to commute.

(1) Due to a personal emergency of such nature and compelling urgency that it would be contrary to good conscience to impose a disqualification;

(2) (A) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(2)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual;

(A) Because of illness, injury, pregnancy, or disability of the individual or a member of the individual's immediate family.

(B) As used in subdivision (b)(2)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual;

(3) (A) Due to domestic violence that causes the individual reasonably to believe that the individual's continued employment will jeopardize the safety of the individual or a member of the individual's immediate family. (B) As used in subdivision (b)(3)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; or

(A) Due to domestic violence that causes the individual reasonably to believe that the individual's continued employment will jeopardize the safety of the individual or a member of the individual's immediate family.

(B) As used in subdivision (b)(3)(A) of this section, "immediate family member" means a spouse, child, parent, brother, sister, grandchild, or grandparent of the individual; or

(4) To accompany the individual's spouse because of a change in the location of the spouse's employment that makes it impractical to commute.

(c) (1) No individual shall be disqualified under this section if he or she left his or her last work because he or she voluntarily participated in a permanent reduction in the employer's workforce after the employer announced a pending reduction in its workforce and asked for volunteers. (2) Such actions initiated by the employer shall be considered layoffs regardless of any incentives offered by the employer to induce its employees to volunteer. (3) Any incentives received shall be reported under § 11-10-517 .

(1) No individual shall be disqualified under this section if he or she left his or her last work because he or she voluntarily participated in a permanent reduction in the employer's workforce after the employer announced a pending reduction in its workforce and asked for volunteers.

(2) Such actions initiated by the employer shall be considered layoffs regardless of any incentives offered by the employer to induce its employees to volunteer.

(3) Any incentives received shall be reported under § 11-10-517 .

Amended by Act 2023, No. 659,§ 56, eff. 1/1/2024.

Amended by Act 2019, No. 453,§ 4, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 241, eff. 7/1/2019.

Acts 1941, No. 391, § 5; 1947, No. 398, § 4; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, §§ 9, 10; 1963, No. 93, § 6; 1967, No. 248, § 1; 1977, No. 366, § 6; 1979, No. 492, § 7; 1979, No. 922, § 7; 1983, No. 482, § 16; A.S.A. 1947, § 81-1106; Acts 1997, No. 234, § 12; 2003, No. 1223, § 5; 2005, No. 902, § 2; 2007, No. 490, § 5; 2009, No. 802, § 4.
Ark. Code Ann. § 11-10-214 — AR Code / Title 11 / Chapter 10 / Subchapter 2 / Section 11-10-214
Unemployment
Status: in_force

(a) As used in this chapter, unless the context clearly requires otherwise, an individual shall be deemed "unemployed" with respect to any week during which: (1) He or she performs no services; (2) No wages are payable to him or her with respect to that week, or if wages are payable to him or her for any week of less than full-time work, the wages are less than one hundred forty percent (140%) of his or her weekly benefit amount; and (3) He or she is not on leave approved by an employer under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., as in effect January 1, 2003. (b) An individual's week of unemployment shall be deemed to commence the day on which he or she registers at a local employment office, except as the Director of the Division of Workforce Services may, by rule, otherwise prescribe. Amended by Act 2019, No. 315,§ 804, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 184, eff. 7/1/2019. Acts 1941, No. 391, § 2; 1949, No. 155, § 2; 1971, No. 35, § 4; 1977, No. 366, § 3; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 2; 1991, No. 48, § 1; 1991, No. 100, § 4; 2003, No. 1223, § 2.

(a) As used in this chapter, unless the context clearly requires otherwise, an individual shall be deemed "unemployed" with respect to any week during which: (1) He or she performs no services; (2) No wages are payable to him or her with respect to that week, or if wages are payable to him or her for any week of less than full-time work, the wages are less than one hundred forty percent (140%) of his or her weekly benefit amount; and (3) He or she is not on leave approved by an employer under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., as in effect January 1, 2003.

(1) He or she performs no services;

(2) No wages are payable to him or her with respect to that week, or if wages are payable to him or her for any week of less than full-time work, the wages are less than one hundred forty percent (140%) of his or her weekly benefit amount; and

(3) He or she is not on leave approved by an employer under the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., as in effect January 1, 2003.

(b) An individual's week of unemployment shall be deemed to commence the day on which he or she registers at a local employment office, except as the Director of the Division of Workforce Services may, by rule, otherwise prescribe.

Amended by Act 2019, No. 315,§ 804, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 184, eff. 7/1/2019.

Acts 1941, No. 391, § 2; 1949, No. 155, § 2; 1971, No. 35, § 4; 1977, No. 366, § 3; A.S.A. 1947, § 81-1103; Acts 1987, No. 753, § 2; 1991, No. 48, § 1; 1991, No. 100, § 4; 2003, No. 1223, § 2.
Ark. Code Ann. § 11-5-306 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-306
Use of alternative devices or methods
Status: in_force

Where specific devices or methods are mentioned in this subchapter, other devices or methods which will secure equally good results may be used, subject to the approval of the enforcing authority. Acts 1963, No. 148, § 3; A.S.A. 1947, § 81-1403; Acts 1989, No. 752, § 5.

Where specific devices or methods are mentioned in this subchapter, other devices or methods which will secure equally good results may be used, subject to the approval of the enforcing authority.

Acts 1963, No. 148, § 3; A.S.A. 1947, § 81-1403; Acts 1989, No. 752, § 5.
Ark. Code Ann. § 11-10-302 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-302
Criminal background checks
Status: in_force

(a) The Director of the Division of Workforce Services shall establish a criminal background investigation policy for the Division of Workforce Services. (b) (1) An employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the employee's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee. (2) The employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check to be performed at least one (1) time every ten (10) years; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the retention of an employee in a position in which access to federal tax information may be authorized; (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (b)(2)(D) of this section not to be released to any party other than the employee or his or her authorized representative; and (G) (i) An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest. (ii) Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest. (iii) Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate. (c) (1) An applicant for employment with the Division of Workforce Services or with a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the applicant's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee. (2) An applicant shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check required to be performed before the applicant is employed and granted access to federal tax information and continued employment conditioned upon favorable information received from the criminal background check; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the employment of an applicant in a position in which access to federal tax information may or will be authorized; and (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (c)(2)(D) of this section not to be released to any party other than the affected person or his or her authorized representative. Added by Act 2019, No. 373,§ 1, eff. 3/8/2019.

(a) The Director of the Division of Workforce Services shall establish a criminal background investigation policy for the Division of Workforce Services.

(b) (1) An employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the employee's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee. (2) The employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check to be performed at least one (1) time every ten (10) years; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the retention of an employee in a position in which access to federal tax information may be authorized; (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (b)(2)(D) of this section not to be released to any party other than the employee or his or her authorized representative; and (G) (i) An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest. (ii) Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest. (iii) Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate.

(1) An employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the employee's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee.

(A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and

(B) The release of the criminal background check results to the director or his or her designee.

(2) The employee of the Division of Workforce Services or of a contractor of the Division of Workforce Services shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check to be performed at least one (1) time every ten (10) years; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the retention of an employee in a position in which access to federal tax information may be authorized; (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (b)(2)(D) of this section not to be released to any party other than the employee or his or her authorized representative; and (G) (i) An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest. (ii) Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest. (iii) Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate.

(A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints;

(B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information;

(C) A criminal background check to be performed at least one (1) time every ten (10) years;

(D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check;

(E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the retention of an employee in a position in which access to federal tax information may be authorized;

(F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (b)(2)(D) of this section not to be released to any party other than the employee or his or her authorized representative; and

(G) (i) An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest. (ii) Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest. (iii) Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate.

(i) An employee who is employed by the Division of Workforce Services or by a contractor of the Division of Workforce Services required to notify the director or his or her designee of an arrest for a misdemeanor or felony offense within twenty-four (24) hours of the arrest.

(ii) Any information received under subdivision (b)(2)(G)(i) of this section shall be used only for the purpose of the director making a decision regarding retention of an employee following the arrest.

(iii) Failure to provide notice of a subsequent arrest under subdivision (b)(2)(G)(i) of this section is sufficient grounds for immediate termination of the employee's employment or other action as the director or his or her designee deems appropriate.

(c) (1) An applicant for employment with the Division of Workforce Services or with a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the applicant's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee. (2) An applicant shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check required to be performed before the applicant is employed and granted access to federal tax information and continued employment conditioned upon favorable information received from the criminal background check; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the employment of an applicant in a position in which access to federal tax information may or will be authorized; and (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (c)(2)(D) of this section not to be released to any party other than the affected person or his or her authorized representative.

(1) An applicant for employment with the Division of Workforce Services or with a contractor of the Division of Workforce Services who may be authorized by the director to access or view federal tax information as part of the applicant's job duties shall authorize: (A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and (B) The release of the criminal background check results to the director or his or her designee.

(A) The director or his or her designee to obtain a state and federal criminal background check at the expense of the Division of Workforce Services; and

(B) The release of the criminal background check results to the director or his or her designee.

(2) An applicant shall be subject to the policy established under subsection (a) of this section that shall include: (A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints; (B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information; (C) A criminal background check required to be performed before the applicant is employed and granted access to federal tax information and continued employment conditioned upon favorable information received from the criminal background check; (D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check; (E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the employment of an applicant in a position in which access to federal tax information may or will be authorized; and (F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (c)(2)(D) of this section not to be released to any party other than the affected person or his or her authorized representative.

(A) A criminal background check to be conducted by the Identification Bureau of the Division of Arkansas State Police and the Federal Bureau of Investigation that includes the taking of fingerprints;

(B) A criminal background check that satisfies the background investigation standards established by the Internal Revenue Service with regard to access to federal tax information;

(C) A criminal background check required to be performed before the applicant is employed and granted access to federal tax information and continued employment conditioned upon favorable information received from the criminal background check;

(D) The Identification Bureau of the Division of Arkansas State Police required to forward to the director or his or her designee all information obtained as a result of the criminal background check;

(E) Information received from a criminal background check to be used only for the purpose of making decisions regarding the employment of an applicant in a position in which access to federal tax information may or will be authorized; and

(F) Information received by the director or his or her designee from the Identification Bureau of the Division of Arkansas State Police under subdivision (c)(2)(D) of this section not to be released to any party other than the affected person or his or her authorized representative.

Added by Act 2019, No. 373,§ 1, eff. 3/8/2019.
Ark. Code Ann. § 11-3-303 — AR Code / Title 11 / Chapter 3 / Subchapter 3 / Section 11-3-303
Union affiliation or nonaffiliation not to be condition of employment
Status: in_force

No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a labor union, nor shall any person, unless he or she shall voluntarily consent in writing to do so, be compelled to pay dues or any other monetary consideration to any labor organization as a prerequisite to, condition of, or continuance of employment. Acts 1947, No. 101, § 2; A.S.A. 1947, § 81-202.

No person shall be denied employment because of membership in or affiliation with a labor union, nor shall any person be denied employment because of failure or refusal to join or affiliate with a labor union, nor shall any person, unless he or she shall voluntarily consent in writing to do so, be compelled to pay dues or any other monetary consideration to any labor organization as a prerequisite to, condition of, or continuance of employment.

Acts 1947, No. 101, § 2; A.S.A. 1947, § 81-202.
Ark. Code Ann. § 11-6-104 — AR Code / Title 11 / Chapter 6 / Section 11-6-104
Children under age 14 years prohibited from working - Exception
Status: in_force

No child under the age of fourteen (14) years shall be employed or permitted to work in any remunerative occupation in this state, except that during school vacation, children under fourteen (14) years may be employed by their parents or guardians in occupations owned or controlled by them. Init. Meas. 1914, No. 1, § 1, Acts 1915, p. 1505; C & M. Dig., § 7085; Pope's Dig., § 9067; A.S.A. 1947, § 81-701.

No child under the age of fourteen (14) years shall be employed or permitted to work in any remunerative occupation in this state, except that during school vacation, children under fourteen (14) years may be employed by their parents or guardians in occupations owned or controlled by them.

Init. Meas. 1914, No. 1, § 1, Acts 1915, p. 1505; C & M. Dig., § 7085; Pope's Dig., § 9067; A.S.A. 1947, § 81-701.
Ark. Code Ann. § 11-5-301 — AR Code / Title 11 / Chapter 5 / Subchapter 3 / Section 11-5-301
Purpose
Status: in_force

(a) This subchapter provides for the minimum precautions to be taken during any excavation, demolition, transportation of equipment, construction, repair, or operation in the proximity of energized overhead electrical lines. (b) (1) The purposes of this subchapter are to provide for the protection of persons engaged in work of any nature in the vicinity of energized overhead electrical lines, to define the conditions under which work may be carried on safely, the procedures and means by which these conditions may be created, to provide penalties, and to provide remedies to those affected by violations of this subchapter. (2) This subchapter shall not apply to the direct employees of the State Highway Commission or the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 13, eff. 8/1/2017. Acts 1963, No. 148, § 1; A.S.A. 1947, § 81-1401; Acts 1989, No. 752, § 1.

(a) This subchapter provides for the minimum precautions to be taken during any excavation, demolition, transportation of equipment, construction, repair, or operation in the proximity of energized overhead electrical lines.

(b) (1) The purposes of this subchapter are to provide for the protection of persons engaged in work of any nature in the vicinity of energized overhead electrical lines, to define the conditions under which work may be carried on safely, the procedures and means by which these conditions may be created, to provide penalties, and to provide remedies to those affected by violations of this subchapter. (2) This subchapter shall not apply to the direct employees of the State Highway Commission or the Arkansas Department of Transportation.

(1) The purposes of this subchapter are to provide for the protection of persons engaged in work of any nature in the vicinity of energized overhead electrical lines, to define the conditions under which work may be carried on safely, the procedures and means by which these conditions may be created, to provide penalties, and to provide remedies to those affected by violations of this subchapter.

(2) This subchapter shall not apply to the direct employees of the State Highway Commission or the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 13, eff. 8/1/2017.

Acts 1963, No. 148, § 1; A.S.A. 1947, § 81-1401; Acts 1989, No. 752, § 1.
Ark. Code Ann. § 11-9-204 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-204
Proceedings
Status: in_force

(a) Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas. (b) (1) A majority of the commission shall constitute a quorum for the transaction of business, and vacancies shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remains. (2) Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one (1) member of the commission, or referee acting for him or her, under authorization of the commission. (c) (1) The commission shall maintain and keep open, during reasonable business hours, an office in Little Rock, for the transaction of business, at which office its official records and papers shall be kept. (2) The commission or any member of the commission may hold sessions and conduct hearings at any place within the state. (d) The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words: "Workers' Compensation Commission, State of Arkansas". Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.

(a) Members of the Workers' Compensation Commission shall be considered as officers and shall take the oath prescribed by the Arkansas Constitution and the laws of Arkansas.

(b) (1) A majority of the commission shall constitute a quorum for the transaction of business, and vacancies shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remains. (2) Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one (1) member of the commission, or referee acting for him or her, under authorization of the commission.

(1) A majority of the commission shall constitute a quorum for the transaction of business, and vacancies shall not impair the right of the remaining members to exercise all the powers of the full commission, so long as a majority remains.

(2) Any investigation, inquiry, or hearing which the commission is authorized to hold or undertake may be held or undertaken by or before any one (1) member of the commission, or referee acting for him or her, under authorization of the commission.

(c) (1) The commission shall maintain and keep open, during reasonable business hours, an office in Little Rock, for the transaction of business, at which office its official records and papers shall be kept. (2) The commission or any member of the commission may hold sessions and conduct hearings at any place within the state.

(1) The commission shall maintain and keep open, during reasonable business hours, an office in Little Rock, for the transaction of business, at which office its official records and papers shall be kept.

(2) The commission or any member of the commission may hold sessions and conduct hearings at any place within the state.

(d) The commission shall have a seal for authentication of its orders, awards, and proceedings, upon which shall be inscribed the words: "Workers' Compensation Commission, State of Arkansas".

Init. Meas. 1948, No. 4, § 42, Acts 1949, p. 1420; A.S.A. 1947, § 81-1342.
Ark. Code Ann. § 11-7-406 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-406
Fire bosses, mine foremen, etc. - Revocation of certificate
Status: in_force

(a) All certificates issued pursuant to this subchapter may be revoked by the Director of the Division of Labor after a hearing upon due notice to the holder of the certificate and upon written charges preferred by the director or by some interested person for violation of this section and §§ 11-7-403 - 11-7-405 and 11-7-407 . (b) (1) A complaint may be filed against the holder of a certificate for intoxication, mental disabilities, neglect of duty, or other sufficient cause. (2) The holder of the certificate so cancelled shall have the right to appear before the director after the expiration of three (3) months and be reexamined if he or she shall first satisfy the director that the incapacity complained of has ceased to exist. Amended by Act 2019, No. 910,§ 5352, eff. 7/1/2019. Amended by Act 2017, No. 266,§ 5, eff. 8/1/2017. Acts 1919, No. 486, § 8; C. & M. Dig., § 7324; Pope's Dig., § 9380; A.S.A. 1947, § 52-508.

(a) All certificates issued pursuant to this subchapter may be revoked by the Director of the Division of Labor after a hearing upon due notice to the holder of the certificate and upon written charges preferred by the director or by some interested person for violation of this section and §§ 11-7-403 - 11-7-405 and 11-7-407 .

(b) (1) A complaint may be filed against the holder of a certificate for intoxication, mental disabilities, neglect of duty, or other sufficient cause. (2) The holder of the certificate so cancelled shall have the right to appear before the director after the expiration of three (3) months and be reexamined if he or she shall first satisfy the director that the incapacity complained of has ceased to exist.

(1) A complaint may be filed against the holder of a certificate for intoxication, mental disabilities, neglect of duty, or other sufficient cause.

(2) The holder of the certificate so cancelled shall have the right to appear before the director after the expiration of three (3) months and be reexamined if he or she shall first satisfy the director that the incapacity complained of has ceased to exist.

Amended by Act 2019, No. 910,§ 5352, eff. 7/1/2019.

Amended by Act 2017, No. 266,§ 5, eff. 8/1/2017.

Acts 1919, No. 486, § 8; C. & M. Dig., § 7324; Pope's Dig., § 9380; A.S.A. 1947, § 52-508.