Ark. Code Ann. § 11-9-106 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-106
Penalties for misrepresentation
Status: in_force

(a) (1) (A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who willfully and knowingly employs any device, scheme, or artifice for the purpose of obtaining any benefit or payment, defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium, or who aids and abets for any of said purposes, under this chapter shall be guilty of a Class D felony. (B) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (a)(1) or subdivision (a)(2) of this section shall be paid and allocated in accordance with applicable law to the Death and Permanent Total Disability Trust Fund administered by the Workers' Compensation Commission. (2) It is to be understood that any person or entity with whom any person identified in subdivision (a)(1) of this section has conspired to achieve the proscribed ends shall, by reason of such conspiracy, be guilty as a principal of a Class D felony. (b) A copy of subdivision (a)(1) of this section shall be placed on all forms prescribed by the Workers' Compensation Commission for the use of injured employees claiming benefits and for the use of employers in responding to such employees' claims under this chapter. (c) Where the Workers' Compensation Commission or the Insurance Commissioner finds that false statements or representations were made willfully and knowingly, that material information was willfully and knowingly omitted or concealed, or that any device, scheme, or artifice was willfully and knowingly employed for the purpose of obtaining benefits or payments, obtaining, wrongfully increasing, wrongfully decreasing, or defeating any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium under this chapter or that any other criminal violations related thereto were committed, the Chair of the Workers' Compensation Commission or the Insurance Commissioner shall refer the matter for appropriate action to the prosecuting attorney having criminal jurisdiction in the matter. (d) (1) (A) (i) There shall be established within the State Insurance Department a Workers' Compensation Fraud Investigation Unit, funded by the Workers' Compensation Commission, which will be headed and supervised by a director who may also serve as the director of any other designated insurance fraud investigation division within the department, in which event the director's compensation shall be paid solely from the funds of such insurance fraud investigation division. (ii) The unit is designated as a law enforcement agency. (B) (i) The unit herein designated will investigate workers' compensation fraud, additional criminal violations that may be related thereto, and any other insurance fraud matters as may be assigned at the discretion of the director. (ii) The Insurance Commissioner shall designate the personnel assigned to the unit, who shall conduct investigations under this subdivision (d)(1)(B). (iii) A person designated and employed as an investigator by the unit shall: (a) Be a certified law enforcement officer under § 12-9-101 et seq.; and (b) Have statewide law enforcement jurisdiction and authority. (iv) Personnel hired as law enforcement officers shall be state-certified law enforcement or the equivalent in national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training. (2) The Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall be vested with the power of enforcing this section and rendering more effective the disclosure and apprehension of persons or entities who abuse the workers' compensation system as established by the General Assembly by making false or misleading statements for the purpose of either obtaining, wrongfully increasing, wrongfully decreasing or defeating the payment of benefits, obtaining or avoiding workers' compensation coverage, or avoiding payment of the proper insurance premium. (3) It shall be the duty of the unit to assist the Insurance Commissioner and the department in the performance of their duties, and, further, to determine the identity of carriers, employers, or employees who within the State of Arkansas have violated subsection (a) of this section and report the violation to the Workers' Compensation Commission and to the Insurance Commissioner, who shall, in turn, be responsible for reporting the violation to the prosecuting attorney having criminal jurisdiction in the matter. (4) (A) With respect to the subject of any investigation being conducted by the unit, the Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall have the power of subpoena and may: (i) Subpoena witnesses; (ii) Administer oaths or affirmations and examine any individual under oath; and (iii) Require and compel the production of records, books, papers, contracts, and other documents. (B) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court. (C) (i) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, then upon application of the commissioner or fraud director, the Pulaski County Circuit Court or the circuit court of the county where the subpoena was served may issue an order requiring the individual to comply with the subpoena and to testify. (ii) Any failure to obey the order of the court may be punished by the court as a contempt thereof. (D) If any person has refused in connection with an investigation by the fraud director to be examined under oath concerning his or her affairs, then the fraud director is authorized to conduct and enforce by all appropriate and available means any examination under oath in any state or territory of the United States in which any officer, director, or manager may then presently be to the full extent permitted by the laws of the state or territory. (E) Any person testifying falsely under oath or affirmation in this state as to any matter material to any investigation or hearing conducted pursuant to this subdivision (d)(4), or any workers' compensation hearing, shall upon conviction be guilty of perjury and punished accordingly. (5) Fees and mileage of the officers serving the subpoenas and of the witnesses in answer to subpoenas shall be as provided by law. (6) (A) Every carrier or employer who has reason to suspect that a violation of subdivision (a)(1) of this section has occurred shall be required to report all pertinent matters relating thereto to the unit. (B) No such carrier shall be liable to any employer or employee for any such report, and no employer shall be liable to any employee for such a report unless it knowingly and intentionally includes false information. (C) (i) Any such carrier or employer who willfully and knowingly fails to report any such violation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed one (1) year or by both fine and imprisonment. (ii) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (d)(6)(C) shall be paid and allocated in accordance with applicable law to the fund administered by the commission. (D) Although not mandated to report suspected violations of subdivision (a)(1) of this section by an employer or employee, any employee who does make such a report shall not be liable to the employer or employee whose suspected violations he or she has reported. (E) In addition, any immunity from liability provisions of the Arkansas Insurance Code applicable to the reporting of suspected fraudulent insurance acts shall also be applicable to the reporting of information under this subdivision (d)(6). (e) (1) For the purpose of imposing criminal sanctions or a fine for violation of the duties of this chapter, the prosecuting attorney shall have the right and discretion to proceed against any person or organization responsible for such violations, both organizational and individual liability being intended by this chapter. (2) The prosecuting attorney of the district to whom a suspected violation of subsection (a) of this section, § 11-9-402(c) , § 11-9-406 , or any other criminal violations that may be related thereto, has been referred shall, for the purpose of assisting him or her in such prosecutions, have the authority to appoint as special deputy prosecuting attorneys licensed attorneys at law in the employment of the unit or any other designated insurance fraud investigation division within the department. Such special deputy prosecuting attorneys shall, for the purpose of the prosecutions to which they are assigned, be responsible to and report to the prosecuting attorney. (f) Notwithstanding any other provision of law, it is the specific intent of this section that active investigatory files as maintained by the department and by the unit be deemed confidential and privileged and not be made open to the public until the matter under investigation is closed by the fraud director with the consent of the Insurance Commissioner, except that such active investigatory files shall also be subject to any confidentiality provisions of the Arkansas Insurance Code, § 23-60-101 et seq., that are applicable to the investigation of fraudulent insurance acts. (g) The Insurance Commissioner, with the cooperation and assistance of the Workers' Compensation Commission, is authorized to establish rules as may be necessary to carry out the provisions of this section. (h) Nothing in this section shall be deemed to create a civil cause of action. Amended by Act 2019, No. 315,§ 775, eff. 7/24/2019. Amended by Act 2013, No. 984,§ 1, eff. 8/16/2013. Init. Meas. 1948, No. 4, § 35, Acts 1949, p. 1420; Init. Meas. 1968, No. 1, § 6; Acts 1975 (Extended Sess., 1976), No. 1227, § 17; 1979, No. 253, § 9; A.S.A. 1947, § 81-1335; reen. Acts 1987, No. 1015, § 17; Acts 1993, No. 796, § 5; 1997, No. 808, §§ 1-13; 1999, No. 881, § 1; 2001, No. 743, § 1.

(a) (1) (A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who willfully and knowingly employs any device, scheme, or artifice for the purpose of obtaining any benefit or payment, defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium, or who aids and abets for any of said purposes, under this chapter shall be guilty of a Class D felony. (B) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (a)(1) or subdivision (a)(2) of this section shall be paid and allocated in accordance with applicable law to the Death and Permanent Total Disability Trust Fund administered by the Workers' Compensation Commission. (2) It is to be understood that any person or entity with whom any person identified in subdivision (a)(1) of this section has conspired to achieve the proscribed ends shall, by reason of such conspiracy, be guilty as a principal of a Class D felony.

(1) (A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who willfully and knowingly employs any device, scheme, or artifice for the purpose of obtaining any benefit or payment, defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium, or who aids and abets for any of said purposes, under this chapter shall be guilty of a Class D felony. (B) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (a)(1) or subdivision (a)(2) of this section shall be paid and allocated in accordance with applicable law to the Death and Permanent Total Disability Trust Fund administered by the Workers' Compensation Commission.

(A) Any person or entity who willfully and knowingly makes any material false statement or representation, who willfully and knowingly omits or conceals any material information, or who willfully and knowingly employs any device, scheme, or artifice for the purpose of obtaining any benefit or payment, defeating or wrongfully increasing or wrongfully decreasing any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium, or who aids and abets for any of said purposes, under this chapter shall be guilty of a Class D felony.

(B) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (a)(1) or subdivision (a)(2) of this section shall be paid and allocated in accordance with applicable law to the Death and Permanent Total Disability Trust Fund administered by the Workers' Compensation Commission.

(2) It is to be understood that any person or entity with whom any person identified in subdivision (a)(1) of this section has conspired to achieve the proscribed ends shall, by reason of such conspiracy, be guilty as a principal of a Class D felony.

(b) A copy of subdivision (a)(1) of this section shall be placed on all forms prescribed by the Workers' Compensation Commission for the use of injured employees claiming benefits and for the use of employers in responding to such employees' claims under this chapter.

(c) Where the Workers' Compensation Commission or the Insurance Commissioner finds that false statements or representations were made willfully and knowingly, that material information was willfully and knowingly omitted or concealed, or that any device, scheme, or artifice was willfully and knowingly employed for the purpose of obtaining benefits or payments, obtaining, wrongfully increasing, wrongfully decreasing, or defeating any claim for benefit or payment, or obtaining or avoiding workers' compensation coverage or avoiding payment of the proper insurance premium under this chapter or that any other criminal violations related thereto were committed, the Chair of the Workers' Compensation Commission or the Insurance Commissioner shall refer the matter for appropriate action to the prosecuting attorney having criminal jurisdiction in the matter.

(d) (1) (A) (i) There shall be established within the State Insurance Department a Workers' Compensation Fraud Investigation Unit, funded by the Workers' Compensation Commission, which will be headed and supervised by a director who may also serve as the director of any other designated insurance fraud investigation division within the department, in which event the director's compensation shall be paid solely from the funds of such insurance fraud investigation division. (ii) The unit is designated as a law enforcement agency. (B) (i) The unit herein designated will investigate workers' compensation fraud, additional criminal violations that may be related thereto, and any other insurance fraud matters as may be assigned at the discretion of the director. (ii) The Insurance Commissioner shall designate the personnel assigned to the unit, who shall conduct investigations under this subdivision (d)(1)(B). (iii) A person designated and employed as an investigator by the unit shall: (a) Be a certified law enforcement officer under § 12-9-101 et seq.; and (b) Have statewide law enforcement jurisdiction and authority. (iv) Personnel hired as law enforcement officers shall be state-certified law enforcement or the equivalent in national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training. (2) The Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall be vested with the power of enforcing this section and rendering more effective the disclosure and apprehension of persons or entities who abuse the workers' compensation system as established by the General Assembly by making false or misleading statements for the purpose of either obtaining, wrongfully increasing, wrongfully decreasing or defeating the payment of benefits, obtaining or avoiding workers' compensation coverage, or avoiding payment of the proper insurance premium. (3) It shall be the duty of the unit to assist the Insurance Commissioner and the department in the performance of their duties, and, further, to determine the identity of carriers, employers, or employees who within the State of Arkansas have violated subsection (a) of this section and report the violation to the Workers' Compensation Commission and to the Insurance Commissioner, who shall, in turn, be responsible for reporting the violation to the prosecuting attorney having criminal jurisdiction in the matter. (4) (A) With respect to the subject of any investigation being conducted by the unit, the Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall have the power of subpoena and may: (i) Subpoena witnesses; (ii) Administer oaths or affirmations and examine any individual under oath; and (iii) Require and compel the production of records, books, papers, contracts, and other documents. (B) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court. (C) (i) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, then upon application of the commissioner or fraud director, the Pulaski County Circuit Court or the circuit court of the county where the subpoena was served may issue an order requiring the individual to comply with the subpoena and to testify. (ii) Any failure to obey the order of the court may be punished by the court as a contempt thereof. (D) If any person has refused in connection with an investigation by the fraud director to be examined under oath concerning his or her affairs, then the fraud director is authorized to conduct and enforce by all appropriate and available means any examination under oath in any state or territory of the United States in which any officer, director, or manager may then presently be to the full extent permitted by the laws of the state or territory. (E) Any person testifying falsely under oath or affirmation in this state as to any matter material to any investigation or hearing conducted pursuant to this subdivision (d)(4), or any workers' compensation hearing, shall upon conviction be guilty of perjury and punished accordingly. (5) Fees and mileage of the officers serving the subpoenas and of the witnesses in answer to subpoenas shall be as provided by law. (6) (A) Every carrier or employer who has reason to suspect that a violation of subdivision (a)(1) of this section has occurred shall be required to report all pertinent matters relating thereto to the unit. (B) No such carrier shall be liable to any employer or employee for any such report, and no employer shall be liable to any employee for such a report unless it knowingly and intentionally includes false information. (C) (i) Any such carrier or employer who willfully and knowingly fails to report any such violation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed one (1) year or by both fine and imprisonment. (ii) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (d)(6)(C) shall be paid and allocated in accordance with applicable law to the fund administered by the commission. (D) Although not mandated to report suspected violations of subdivision (a)(1) of this section by an employer or employee, any employee who does make such a report shall not be liable to the employer or employee whose suspected violations he or she has reported. (E) In addition, any immunity from liability provisions of the Arkansas Insurance Code applicable to the reporting of suspected fraudulent insurance acts shall also be applicable to the reporting of information under this subdivision (d)(6).

(1) (A) (i) There shall be established within the State Insurance Department a Workers' Compensation Fraud Investigation Unit, funded by the Workers' Compensation Commission, which will be headed and supervised by a director who may also serve as the director of any other designated insurance fraud investigation division within the department, in which event the director's compensation shall be paid solely from the funds of such insurance fraud investigation division. (ii) The unit is designated as a law enforcement agency. (B) (i) The unit herein designated will investigate workers' compensation fraud, additional criminal violations that may be related thereto, and any other insurance fraud matters as may be assigned at the discretion of the director. (ii) The Insurance Commissioner shall designate the personnel assigned to the unit, who shall conduct investigations under this subdivision (d)(1)(B). (iii) A person designated and employed as an investigator by the unit shall: (a) Be a certified law enforcement officer under § 12-9-101 et seq.; and (b) Have statewide law enforcement jurisdiction and authority. (iv) Personnel hired as law enforcement officers shall be state-certified law enforcement or the equivalent in national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training.

(A) (i) There shall be established within the State Insurance Department a Workers' Compensation Fraud Investigation Unit, funded by the Workers' Compensation Commission, which will be headed and supervised by a director who may also serve as the director of any other designated insurance fraud investigation division within the department, in which event the director's compensation shall be paid solely from the funds of such insurance fraud investigation division. (ii) The unit is designated as a law enforcement agency.

(i) There shall be established within the State Insurance Department a Workers' Compensation Fraud Investigation Unit, funded by the Workers' Compensation Commission, which will be headed and supervised by a director who may also serve as the director of any other designated insurance fraud investigation division within the department, in which event the director's compensation shall be paid solely from the funds of such insurance fraud investigation division.

(ii) The unit is designated as a law enforcement agency.

(B) (i) The unit herein designated will investigate workers' compensation fraud, additional criminal violations that may be related thereto, and any other insurance fraud matters as may be assigned at the discretion of the director. (ii) The Insurance Commissioner shall designate the personnel assigned to the unit, who shall conduct investigations under this subdivision (d)(1)(B). (iii) A person designated and employed as an investigator by the unit shall: (a) Be a certified law enforcement officer under § 12-9-101 et seq.; and (b) Have statewide law enforcement jurisdiction and authority. (iv) Personnel hired as law enforcement officers shall be state-certified law enforcement or the equivalent in national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training.

(i) The unit herein designated will investigate workers' compensation fraud, additional criminal violations that may be related thereto, and any other insurance fraud matters as may be assigned at the discretion of the director.

(ii) The Insurance Commissioner shall designate the personnel assigned to the unit, who shall conduct investigations under this subdivision (d)(1)(B).

(iii) A person designated and employed as an investigator by the unit shall: (a) Be a certified law enforcement officer under § 12-9-101 et seq.; and (b) Have statewide law enforcement jurisdiction and authority.

(a) Be a certified law enforcement officer under § 12-9-101 et seq.; and

(b) Have statewide law enforcement jurisdiction and authority.

(iv) Personnel hired as law enforcement officers shall be state-certified law enforcement or the equivalent in national or military law enforcement experience as approved by the Arkansas Commission on Law Enforcement Standards and Training.

(2) The Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall be vested with the power of enforcing this section and rendering more effective the disclosure and apprehension of persons or entities who abuse the workers' compensation system as established by the General Assembly by making false or misleading statements for the purpose of either obtaining, wrongfully increasing, wrongfully decreasing or defeating the payment of benefits, obtaining or avoiding workers' compensation coverage, or avoiding payment of the proper insurance premium.

(3) It shall be the duty of the unit to assist the Insurance Commissioner and the department in the performance of their duties, and, further, to determine the identity of carriers, employers, or employees who within the State of Arkansas have violated subsection (a) of this section and report the violation to the Workers' Compensation Commission and to the Insurance Commissioner, who shall, in turn, be responsible for reporting the violation to the prosecuting attorney having criminal jurisdiction in the matter.

(4) (A) With respect to the subject of any investigation being conducted by the unit, the Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall have the power of subpoena and may: (i) Subpoena witnesses; (ii) Administer oaths or affirmations and examine any individual under oath; and (iii) Require and compel the production of records, books, papers, contracts, and other documents. (B) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court. (C) (i) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, then upon application of the commissioner or fraud director, the Pulaski County Circuit Court or the circuit court of the county where the subpoena was served may issue an order requiring the individual to comply with the subpoena and to testify. (ii) Any failure to obey the order of the court may be punished by the court as a contempt thereof. (D) If any person has refused in connection with an investigation by the fraud director to be examined under oath concerning his or her affairs, then the fraud director is authorized to conduct and enforce by all appropriate and available means any examination under oath in any state or territory of the United States in which any officer, director, or manager may then presently be to the full extent permitted by the laws of the state or territory. (E) Any person testifying falsely under oath or affirmation in this state as to any matter material to any investigation or hearing conducted pursuant to this subdivision (d)(4), or any workers' compensation hearing, shall upon conviction be guilty of perjury and punished accordingly.

(A) With respect to the subject of any investigation being conducted by the unit, the Insurance Commissioner and his or her deputies and assistants and the fraud director and his or her deputies and assistants shall have the power of subpoena and may: (i) Subpoena witnesses; (ii) Administer oaths or affirmations and examine any individual under oath; and (iii) Require and compel the production of records, books, papers, contracts, and other documents.

(i) Subpoena witnesses;

(ii) Administer oaths or affirmations and examine any individual under oath; and

(iii) Require and compel the production of records, books, papers, contracts, and other documents.

(B) Subpoenas of witnesses shall be served in the same manner as if issued by a circuit court.

(C) (i) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, then upon application of the commissioner or fraud director, the Pulaski County Circuit Court or the circuit court of the county where the subpoena was served may issue an order requiring the individual to comply with the subpoena and to testify. (ii) Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(i) If any individual fails to obey a subpoena issued and served pursuant to this section with respect to any matter concerning which he or she may be lawfully interrogated, then upon application of the commissioner or fraud director, the Pulaski County Circuit Court or the circuit court of the county where the subpoena was served may issue an order requiring the individual to comply with the subpoena and to testify.

(ii) Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(D) If any person has refused in connection with an investigation by the fraud director to be examined under oath concerning his or her affairs, then the fraud director is authorized to conduct and enforce by all appropriate and available means any examination under oath in any state or territory of the United States in which any officer, director, or manager may then presently be to the full extent permitted by the laws of the state or territory.

(E) Any person testifying falsely under oath or affirmation in this state as to any matter material to any investigation or hearing conducted pursuant to this subdivision (d)(4), or any workers' compensation hearing, shall upon conviction be guilty of perjury and punished accordingly.

(5) Fees and mileage of the officers serving the subpoenas and of the witnesses in answer to subpoenas shall be as provided by law.

(6) (A) Every carrier or employer who has reason to suspect that a violation of subdivision (a)(1) of this section has occurred shall be required to report all pertinent matters relating thereto to the unit. (B) No such carrier shall be liable to any employer or employee for any such report, and no employer shall be liable to any employee for such a report unless it knowingly and intentionally includes false information. (C) (i) Any such carrier or employer who willfully and knowingly fails to report any such violation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed one (1) year or by both fine and imprisonment. (ii) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (d)(6)(C) shall be paid and allocated in accordance with applicable law to the fund administered by the commission. (D) Although not mandated to report suspected violations of subdivision (a)(1) of this section by an employer or employee, any employee who does make such a report shall not be liable to the employer or employee whose suspected violations he or she has reported. (E) In addition, any immunity from liability provisions of the Arkansas Insurance Code applicable to the reporting of suspected fraudulent insurance acts shall also be applicable to the reporting of information under this subdivision (d)(6).

(A) Every carrier or employer who has reason to suspect that a violation of subdivision (a)(1) of this section has occurred shall be required to report all pertinent matters relating thereto to the unit.

(B) No such carrier shall be liable to any employer or employee for any such report, and no employer shall be liable to any employee for such a report unless it knowingly and intentionally includes false information.

(C) (i) Any such carrier or employer who willfully and knowingly fails to report any such violation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed one (1) year or by both fine and imprisonment. (ii) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (d)(6)(C) shall be paid and allocated in accordance with applicable law to the fund administered by the commission.

(i) Any such carrier or employer who willfully and knowingly fails to report any such violation shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or by imprisonment for a period not to exceed one (1) year or by both fine and imprisonment.

(ii) Fifty percent (50%) of any criminal fine imposed and collected under this subdivision (d)(6)(C) shall be paid and allocated in accordance with applicable law to the fund administered by the commission.

(D) Although not mandated to report suspected violations of subdivision (a)(1) of this section by an employer or employee, any employee who does make such a report shall not be liable to the employer or employee whose suspected violations he or she has reported.

(E) In addition, any immunity from liability provisions of the Arkansas Insurance Code applicable to the reporting of suspected fraudulent insurance acts shall also be applicable to the reporting of information under this subdivision (d)(6).

(e) (1) For the purpose of imposing criminal sanctions or a fine for violation of the duties of this chapter, the prosecuting attorney shall have the right and discretion to proceed against any person or organization responsible for such violations, both organizational and individual liability being intended by this chapter. (2) The prosecuting attorney of the district to whom a suspected violation of subsection (a) of this section, § 11-9-402(c) , § 11-9-406 , or any other criminal violations that may be related thereto, has been referred shall, for the purpose of assisting him or her in such prosecutions, have the authority to appoint as special deputy prosecuting attorneys licensed attorneys at law in the employment of the unit or any other designated insurance fraud investigation division within the department. Such special deputy prosecuting attorneys shall, for the purpose of the prosecutions to which they are assigned, be responsible to and report to the prosecuting attorney.

(1) For the purpose of imposing criminal sanctions or a fine for violation of the duties of this chapter, the prosecuting attorney shall have the right and discretion to proceed against any person or organization responsible for such violations, both organizational and individual liability being intended by this chapter.

(2) The prosecuting attorney of the district to whom a suspected violation of subsection (a) of this section, § 11-9-402(c) , § 11-9-406 , or any other criminal violations that may be related thereto, has been referred shall, for the purpose of assisting him or her in such prosecutions, have the authority to appoint as special deputy prosecuting attorneys licensed attorneys at law in the employment of the unit or any other designated insurance fraud investigation division within the department. Such special deputy prosecuting attorneys shall, for the purpose of the prosecutions to which they are assigned, be responsible to and report to the prosecuting attorney.

(f) Notwithstanding any other provision of law, it is the specific intent of this section that active investigatory files as maintained by the department and by the unit be deemed confidential and privileged and not be made open to the public until the matter under investigation is closed by the fraud director with the consent of the Insurance Commissioner, except that such active investigatory files shall also be subject to any confidentiality provisions of the Arkansas Insurance Code, § 23-60-101 et seq., that are applicable to the investigation of fraudulent insurance acts.

(g) The Insurance Commissioner, with the cooperation and assistance of the Workers' Compensation Commission, is authorized to establish rules as may be necessary to carry out the provisions of this section.

(h) Nothing in this section shall be deemed to create a civil cause of action.

Amended by Act 2019, No. 315,§ 775, eff. 7/24/2019.

Amended by Act 2013, No. 984,§ 1, eff. 8/16/2013.

Init. Meas. 1948, No. 4, § 35, Acts 1949, p. 1420; Init. Meas. 1968, No. 1, § 6; Acts 1975 (Extended Sess., 1976), No. 1227, § 17; 1979, No. 253, § 9; A.S.A. 1947, § 81-1335; reen. Acts 1987, No. 1015, § 17; Acts 1993, No. 796, § 5; 1997, No. 808, §§ 1-13; 1999, No. 881, § 1; 2001, No. 743, § 1.
Ark. Code Ann. § 11-10-306 — AR Code / Title 11 / Chapter 10 / Subchapter 3 / Section 11-10-306
Director - Duties and powers generally
Status: in_force

(a) It shall be the duty of the Director of the Division of Workforce Services to administer this chapter. (b) (1) The director shall have power and authority to adopt, amend, or rescind such rules, employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end. (2) Beginning on and after January 1, 1995, he or she shall have power and authority to equitably resolve issues involving employers or claimants if the issues are found to be the result of, or due to, agency error. (c) Rules shall be effective upon publication in the manner, not inconsistent with the provisions of this chapter, which the director shall prescribe. (d) The director shall determine his or her own organization and methods of procedure in accordance with the provisions of this chapter and shall have an official seal which shall be judicially noticed. (e) Not later than June 30 of each year, the director shall submit to the Governor a report covering the administration and operation of this chapter during the preceding calendar year and shall make such recommendations for amendments to this chapter as he or she deems proper. (f) (1) The reports shall include a balance sheet of the moneys in the funds in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then-current contributions. This reserve shall be set up by the director in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. (2) Whenever the director believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly so inform the Governor and the General Assembly, and make recommendations with respect thereto. (g) (1) The director, in addition to other provisions of this chapter, is authorized to set up and maintain within the Division of Workforce Services a unit known as the "Enforcement Unit". (2) The unit may be maintained by a staff adequate to make investigations, hold hearings, and take testimony in connection with the enforcement of this chapter to the end that fraudulent claims on the part of claimants and the violation of this chapter on the part of employers may be curtailed to the minimum possible. (3) The employees of the unit shall have authority to make audits, investigate records and books of employers, hold hearings, administer oaths, and subpoena witnesses, papers, books, and records in connection with the investigations. (4) (A) The subpoena shall be effective in any part of this state, and any circuit court either in term time or vacation may by order require additional witnesses or the production of other relevant evidence subpoenaed by the director or any other person duly authorized by the director. (B) The court may compel obedience to its order by procedure of contempt. Amended by Act 2019, No. 315,§ 808, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 807, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 193, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 192, eff. 7/1/2019. Acts 1941, No. 391, § 11; 1953, No. 162, § 16; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 14; 1995, No. 519, § 2.

(a) It shall be the duty of the Director of the Division of Workforce Services to administer this chapter.

(b) (1) The director shall have power and authority to adopt, amend, or rescind such rules, employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end. (2) Beginning on and after January 1, 1995, he or she shall have power and authority to equitably resolve issues involving employers or claimants if the issues are found to be the result of, or due to, agency error.

(1) The director shall have power and authority to adopt, amend, or rescind such rules, employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end.

(2) Beginning on and after January 1, 1995, he or she shall have power and authority to equitably resolve issues involving employers or claimants if the issues are found to be the result of, or due to, agency error.

(c) Rules shall be effective upon publication in the manner, not inconsistent with the provisions of this chapter, which the director shall prescribe.

(d) The director shall determine his or her own organization and methods of procedure in accordance with the provisions of this chapter and shall have an official seal which shall be judicially noticed.

(e) Not later than June 30 of each year, the director shall submit to the Governor a report covering the administration and operation of this chapter during the preceding calendar year and shall make such recommendations for amendments to this chapter as he or she deems proper.

(f) (1) The reports shall include a balance sheet of the moneys in the funds in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then-current contributions. This reserve shall be set up by the director in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period. (2) Whenever the director believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly so inform the Governor and the General Assembly, and make recommendations with respect thereto.

(1) The reports shall include a balance sheet of the moneys in the funds in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then-current contributions. This reserve shall be set up by the director in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.

(2) Whenever the director believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly so inform the Governor and the General Assembly, and make recommendations with respect thereto.

(g) (1) The director, in addition to other provisions of this chapter, is authorized to set up and maintain within the Division of Workforce Services a unit known as the "Enforcement Unit". (2) The unit may be maintained by a staff adequate to make investigations, hold hearings, and take testimony in connection with the enforcement of this chapter to the end that fraudulent claims on the part of claimants and the violation of this chapter on the part of employers may be curtailed to the minimum possible. (3) The employees of the unit shall have authority to make audits, investigate records and books of employers, hold hearings, administer oaths, and subpoena witnesses, papers, books, and records in connection with the investigations. (4) (A) The subpoena shall be effective in any part of this state, and any circuit court either in term time or vacation may by order require additional witnesses or the production of other relevant evidence subpoenaed by the director or any other person duly authorized by the director. (B) The court may compel obedience to its order by procedure of contempt.

(1) The director, in addition to other provisions of this chapter, is authorized to set up and maintain within the Division of Workforce Services a unit known as the "Enforcement Unit".

(2) The unit may be maintained by a staff adequate to make investigations, hold hearings, and take testimony in connection with the enforcement of this chapter to the end that fraudulent claims on the part of claimants and the violation of this chapter on the part of employers may be curtailed to the minimum possible.

(3) The employees of the unit shall have authority to make audits, investigate records and books of employers, hold hearings, administer oaths, and subpoena witnesses, papers, books, and records in connection with the investigations.

(4) (A) The subpoena shall be effective in any part of this state, and any circuit court either in term time or vacation may by order require additional witnesses or the production of other relevant evidence subpoenaed by the director or any other person duly authorized by the director. (B) The court may compel obedience to its order by procedure of contempt.

(A) The subpoena shall be effective in any part of this state, and any circuit court either in term time or vacation may by order require additional witnesses or the production of other relevant evidence subpoenaed by the director or any other person duly authorized by the director.

(B) The court may compel obedience to its order by procedure of contempt.

Amended by Act 2019, No. 315,§ 808, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 807, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 193, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 192, eff. 7/1/2019.

Acts 1941, No. 391, § 11; 1953, No. 162, § 16; A.S.A. 1947, § 81-1114; Acts 1991, No. 100, § 14; 1995, No. 519, § 2.
Ark. Code Ann. § 11-10-509 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-509
Eligibility - Employees of educational institutions
Status: in_force

(a) With respect to service performed in an instructional, research, or principal administrative capacity as an employee of an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two (2) successive academic years or terms, during a similar period between two (2) regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract to any individual if: (1) The individual performs the services in the first of the academic years or terms; and (2) There is a contract or a reasonable assurance that the individual will perform services in any such capacity as an employee of any educational institution in the second of the academic years or terms. (b) (1) With respect to services performed in any other capacity as an employee of an educational institution, benefits shall not be paid on the basis of services to any individual for any week of unemployment that commences during a period between two (2) successive academic years or terms if: (A) The individual performs the services in the first of the academic years or terms; and (B) There is a reasonable assurance that the individual will perform the services in the second of the academic years or terms. (2) (A) If compensation is denied to an individual under subdivision (b)(1) of this section and the individual was not offered an opportunity to perform the services as an employee of the educational institution for the second of the academic years or terms, the individual, if otherwise eligible, is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(1) of this section. (B) The individual shall apply for the retroactive payment described in subdivision (b)(2)(A) of this section within two (2) weeks after receipt of notification from the educational institution that he or she will not have an opportunity to perform the services at that educational institution in the second academic year or term. (c) With respect to any services described in subsection (a) or (b) of this section, compensation payable on the basis of these services shall not be payable to any individual for any week of unemployment that commences during an established and customary vacation period or holiday recess if: (1) The individual performs these services in the period immediately before a vacation or holiday recess; and (2) There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess. (d) (1) With respect to any services described in subsections (a) and (b) of this section, compensation payable on the basis of services in any such capacity shall be denied as specified in subsections (a)-(c) of this section to any individual who performed the services in an educational institution while in the employ of an educational service agency. (2) For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one (1) or more educational institutions. Acts 1941, No. 391, § 4; 1977, No. 376, § 8; 1977, No. 589, § 1; 1977 (Ex. Sess.), No. 25, § 1; 1979, No. 492, § 5; 1979, No. 922, § 5; 1981, No. 43, §§ 6, 7; 1983, No. 482, § 15; 1985, No. 8, § 6; 1985, No. 9, § 6; A.S.A. 1947, § 81-1105; Acts 1987, No. 753, § 13; 1989, No. 420, § 7; 1997, No. 1360, §§ 101, 102; 1999, No. 1116, § 10; 1999, No. 1537, § 126; 2007, No. 490, § 4; 2009, No. 653, § 4; 2011, No. 1040, § 1.

(a) With respect to service performed in an instructional, research, or principal administrative capacity as an employee of an educational institution, benefits shall not be paid based on services for any week of unemployment commencing during the period between two (2) successive academic years or terms, during a similar period between two (2) regular but not successive terms, or during a period of paid sabbatical leave provided for in the individual's contract to any individual if: (1) The individual performs the services in the first of the academic years or terms; and (2) There is a contract or a reasonable assurance that the individual will perform services in any such capacity as an employee of any educational institution in the second of the academic years or terms.

(1) The individual performs the services in the first of the academic years or terms; and

(2) There is a contract or a reasonable assurance that the individual will perform services in any such capacity as an employee of any educational institution in the second of the academic years or terms.

(b) (1) With respect to services performed in any other capacity as an employee of an educational institution, benefits shall not be paid on the basis of services to any individual for any week of unemployment that commences during a period between two (2) successive academic years or terms if: (A) The individual performs the services in the first of the academic years or terms; and (B) There is a reasonable assurance that the individual will perform the services in the second of the academic years or terms. (2) (A) If compensation is denied to an individual under subdivision (b)(1) of this section and the individual was not offered an opportunity to perform the services as an employee of the educational institution for the second of the academic years or terms, the individual, if otherwise eligible, is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(1) of this section. (B) The individual shall apply for the retroactive payment described in subdivision (b)(2)(A) of this section within two (2) weeks after receipt of notification from the educational institution that he or she will not have an opportunity to perform the services at that educational institution in the second academic year or term.

(1) With respect to services performed in any other capacity as an employee of an educational institution, benefits shall not be paid on the basis of services to any individual for any week of unemployment that commences during a period between two (2) successive academic years or terms if: (A) The individual performs the services in the first of the academic years or terms; and (B) There is a reasonable assurance that the individual will perform the services in the second of the academic years or terms.

(A) The individual performs the services in the first of the academic years or terms; and

(B) There is a reasonable assurance that the individual will perform the services in the second of the academic years or terms.

(2) (A) If compensation is denied to an individual under subdivision (b)(1) of this section and the individual was not offered an opportunity to perform the services as an employee of the educational institution for the second of the academic years or terms, the individual, if otherwise eligible, is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(1) of this section. (B) The individual shall apply for the retroactive payment described in subdivision (b)(2)(A) of this section within two (2) weeks after receipt of notification from the educational institution that he or she will not have an opportunity to perform the services at that educational institution in the second academic year or term.

(A) If compensation is denied to an individual under subdivision (b)(1) of this section and the individual was not offered an opportunity to perform the services as an employee of the educational institution for the second of the academic years or terms, the individual, if otherwise eligible, is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(1) of this section.

(B) The individual shall apply for the retroactive payment described in subdivision (b)(2)(A) of this section within two (2) weeks after receipt of notification from the educational institution that he or she will not have an opportunity to perform the services at that educational institution in the second academic year or term.

(c) With respect to any services described in subsection (a) or (b) of this section, compensation payable on the basis of these services shall not be payable to any individual for any week of unemployment that commences during an established and customary vacation period or holiday recess if: (1) The individual performs these services in the period immediately before a vacation or holiday recess; and (2) There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

(1) The individual performs these services in the period immediately before a vacation or holiday recess; and

(2) There is a reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.

(d) (1) With respect to any services described in subsections (a) and (b) of this section, compensation payable on the basis of services in any such capacity shall be denied as specified in subsections (a)-(c) of this section to any individual who performed the services in an educational institution while in the employ of an educational service agency. (2) For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one (1) or more educational institutions.

(1) With respect to any services described in subsections (a) and (b) of this section, compensation payable on the basis of services in any such capacity shall be denied as specified in subsections (a)-(c) of this section to any individual who performed the services in an educational institution while in the employ of an educational service agency.

(2) For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one (1) or more educational institutions.

Acts 1941, No. 391, § 4; 1977, No. 376, § 8; 1977, No. 589, § 1; 1977 (Ex. Sess.), No. 25, § 1; 1979, No. 492, § 5; 1979, No. 922, § 5; 1981, No. 43, §§ 6, 7; 1983, No. 482, § 15; 1985, No. 8, § 6; 1985, No. 9, § 6; A.S.A. 1947, § 81-1105; Acts 1987, No. 753, § 13; 1989, No. 420, § 7; 1997, No. 1360, §§ 101, 102; 1999, No. 1116, § 10; 1999, No. 1537, § 126; 2007, No. 490, § 4; 2009, No. 653, § 4; 2011, No. 1040, § 1.
Ark. Code Ann. § 11-7-315 — AR Code / Title 11 / Chapter 7 / Subchapter 3 / Section 11-7-315
Daily inspection by fire boss
Status: in_force

(a) In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent fire boss. It shall be his or her duty to enter a report of existing conditions of the working places and worked-out places in a well-bound book to be kept by him or her for that purpose. (b) All dangerous places that are marked out shall be marked on a blackboard, furnished by the company, before any other employee enters the mine. Acts 1905, No. 225, § 10, p. 567; C. & M. Dig., § 7279; Pope's Dig., § 9335; A.S.A. 1947, § 52-609.

(a) In all mines where a fire boss is employed, all working places and worked-out places adjacent to working places shall be examined, when it can be done, at least once a day by a competent fire boss. It shall be his or her duty to enter a report of existing conditions of the working places and worked-out places in a well-bound book to be kept by him or her for that purpose.

(b) All dangerous places that are marked out shall be marked on a blackboard, furnished by the company, before any other employee enters the mine.

Acts 1905, No. 225, § 10, p. 567; C. & M. Dig., § 7279; Pope's Dig., § 9335; A.S.A. 1947, § 52-609.
Ark. Code Ann. § 11-10-523 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-523
Board of Review created - Administrative appeal - Claims
Status: in_force

(a) (1) There is created a Board of Review which shall consist of three (3) members. (2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor. (3) A member of the board may be removed by the Governor for cause after hearing. (4) Vacancies shall be filled by appointment by the Governor for the unexpired term. (b) (1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large. (2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed. (3) The chair shall have a four-year term beginning with the year 2003 appointment. (c) (1) (A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion. (B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner. (2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq. (d) The chair shall appoint some competent person as an examiner and reporter for the board. That person shall have authority under the direction of the chair of the board to: (1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under the direction of the chair, shall have the same authority as the chair or members of the board, except that he or she shall not have the authority to render any decision therein; (2) Take and transcribe all testimony taken either before the examiner, the chair, or the board; and (3) Act as secretary for the board. (e) (1) The members of the board shall be selected as follows: (A) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employers; (B) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employees; and (C) The chair shall be a licensed practicing attorney who, because of his or her vocation, occupation, or affiliation, is deemed not to be representative of employers or employees. (2) All members shall be selected without regard to § 11-10-310 . (3) The examiner and reporter shall be selected in accordance with the merit system provided for in § 11-10-310 . (f) The chair, the members, and the examiner and reporter, as provided for above, shall all receive their actual and necessary expenses incurred, in accordance with the rules of the Division of Workforce Services. (g) (1) (A) To hear and decide appeal claims, the board created by this section shall appoint one (1) or more impartial appeal tribunals. (B) Each tribunal shall consist of either a hearing officer selected in accordance with § 11-10-310 or a body consisting of three (3) members, one (1) of whom shall be a representative of employers and the other of whom shall be a representative of employees. (C) Each of the latter two (2) members may be selected without regard to § 11-10-310 , shall serve at the pleasure of the board, and may be paid a fee of not more than twenty-five dollars ($25.00) per day of active service on such tribunal plus necessary expenses and shall be paid from the Employment Security Administration Fund. (2) (A) The board shall designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. (B) The chair shall act alone in the absence or disqualification of any other member or his or her alternates. In no case shall the hearing proceed unless the chair of the appeal tribunal is present. (C) The Director of the Division of Workforce Services shall provide the board and appeal tribunals with proper facilities and assistance for the execution of their functions. (D) The appeal hearing officer, as such, shall have all power bestowed on him or her as chair of the appeals tribunal. Amended by Act 2019, No. 315,§ 823, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 254, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 253, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, § 3; 1943, No. 263, § 2; 1947, No. 398, § 5; 1953, No. 162, § 7; 1975, No. 609, § 4; 1985, No. 8, § 7; 1985, No. 9, § 7; A.S.A. 1947, § 81-1107; Acts 1991, No. 100, §§ 30, 31; 1995, No. 519, § 6; 1997, No. 234, § 15; 1997, No. 250, § 61; 2001, No. 1467, §§ 3-6.

(a) (1) There is created a Board of Review which shall consist of three (3) members. (2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor. (3) A member of the board may be removed by the Governor for cause after hearing. (4) Vacancies shall be filled by appointment by the Governor for the unexpired term.

(1) There is created a Board of Review which shall consist of three (3) members.

(2) The members of the board shall be appointed by the Governor for a term of office of four (4) years or until their successors are appointed and qualified. The four-year terms are to run concurrently with the term of the office of the Governor.

(3) A member of the board may be removed by the Governor for cause after hearing.

(4) Vacancies shall be filled by appointment by the Governor for the unexpired term.

(b) (1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large. (2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed. (3) The chair shall have a four-year term beginning with the year 2003 appointment.

(1) The Governor shall designate as Chair of the Board of Review the member selected to represent the public at large.

(2) The chair shall be paid a full-time salary and devote all of his or her time to his or her duties herein prescribed.

(3) The chair shall have a four-year term beginning with the year 2003 appointment.

(c) (1) (A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion. (B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner. (2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq.

(1) (A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion. (B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner.

(A) The other two (2) members of the board are to serve when requested to serve by the chair of the board at his or her own discretion.

(B) If any interested party requests in writing a review by the full board, then the chair shall direct board members to attend and review the matters as requested by the petitioner.

(2) The members of the board other than the chair may receive expense reimbursement and stipends to be paid from the Employment Security Administration Fund in accordance with § 25-16-901 et seq.

(d) The chair shall appoint some competent person as an examiner and reporter for the board. That person shall have authority under the direction of the chair of the board to: (1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under the direction of the chair, shall have the same authority as the chair or members of the board, except that he or she shall not have the authority to render any decision therein; (2) Take and transcribe all testimony taken either before the examiner, the chair, or the board; and (3) Act as secretary for the board.

(1) Hold hearings on appeals and take testimony and submit it to the chair with recommendations, which question shall be determined by the chair. The person, when holding hearings under the direction of the chair, shall have the same authority as the chair or members of the board, except that he or she shall not have the authority to render any decision therein;

(2) Take and transcribe all testimony taken either before the examiner, the chair, or the board; and

(3) Act as secretary for the board.

(e) (1) The members of the board shall be selected as follows: (A) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employers; (B) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employees; and (C) The chair shall be a licensed practicing attorney who, because of his or her vocation, occupation, or affiliation, is deemed not to be representative of employers or employees. (2) All members shall be selected without regard to § 11-10-310 . (3) The examiner and reporter shall be selected in accordance with the merit system provided for in § 11-10-310 .

(1) The members of the board shall be selected as follows: (A) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employers; (B) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employees; and (C) The chair shall be a licensed practicing attorney who, because of his or her vocation, occupation, or affiliation, is deemed not to be representative of employers or employees.

(A) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employers;

(B) One (1) member shall be, because of his or her vocation, occupation, or affiliation, deemed to be representative of employees; and

(C) The chair shall be a licensed practicing attorney who, because of his or her vocation, occupation, or affiliation, is deemed not to be representative of employers or employees.

(2) All members shall be selected without regard to § 11-10-310 .

(3) The examiner and reporter shall be selected in accordance with the merit system provided for in § 11-10-310 .

(f) The chair, the members, and the examiner and reporter, as provided for above, shall all receive their actual and necessary expenses incurred, in accordance with the rules of the Division of Workforce Services.

(g) (1) (A) To hear and decide appeal claims, the board created by this section shall appoint one (1) or more impartial appeal tribunals. (B) Each tribunal shall consist of either a hearing officer selected in accordance with § 11-10-310 or a body consisting of three (3) members, one (1) of whom shall be a representative of employers and the other of whom shall be a representative of employees. (C) Each of the latter two (2) members may be selected without regard to § 11-10-310 , shall serve at the pleasure of the board, and may be paid a fee of not more than twenty-five dollars ($25.00) per day of active service on such tribunal plus necessary expenses and shall be paid from the Employment Security Administration Fund. (2) (A) The board shall designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. (B) The chair shall act alone in the absence or disqualification of any other member or his or her alternates. In no case shall the hearing proceed unless the chair of the appeal tribunal is present. (C) The Director of the Division of Workforce Services shall provide the board and appeal tribunals with proper facilities and assistance for the execution of their functions. (D) The appeal hearing officer, as such, shall have all power bestowed on him or her as chair of the appeals tribunal.

(1) (A) To hear and decide appeal claims, the board created by this section shall appoint one (1) or more impartial appeal tribunals. (B) Each tribunal shall consist of either a hearing officer selected in accordance with § 11-10-310 or a body consisting of three (3) members, one (1) of whom shall be a representative of employers and the other of whom shall be a representative of employees. (C) Each of the latter two (2) members may be selected without regard to § 11-10-310 , shall serve at the pleasure of the board, and may be paid a fee of not more than twenty-five dollars ($25.00) per day of active service on such tribunal plus necessary expenses and shall be paid from the Employment Security Administration Fund.

(A) To hear and decide appeal claims, the board created by this section shall appoint one (1) or more impartial appeal tribunals.

(B) Each tribunal shall consist of either a hearing officer selected in accordance with § 11-10-310 or a body consisting of three (3) members, one (1) of whom shall be a representative of employers and the other of whom shall be a representative of employees.

(C) Each of the latter two (2) members may be selected without regard to § 11-10-310 , shall serve at the pleasure of the board, and may be paid a fee of not more than twenty-five dollars ($25.00) per day of active service on such tribunal plus necessary expenses and shall be paid from the Employment Security Administration Fund.

(2) (A) The board shall designate alternates to serve in the absence or disqualification of any member of an appeal tribunal. (B) The chair shall act alone in the absence or disqualification of any other member or his or her alternates. In no case shall the hearing proceed unless the chair of the appeal tribunal is present. (C) The Director of the Division of Workforce Services shall provide the board and appeal tribunals with proper facilities and assistance for the execution of their functions. (D) The appeal hearing officer, as such, shall have all power bestowed on him or her as chair of the appeals tribunal.

(A) The board shall designate alternates to serve in the absence or disqualification of any member of an appeal tribunal.

(B) The chair shall act alone in the absence or disqualification of any other member or his or her alternates. In no case shall the hearing proceed unless the chair of the appeal tribunal is present.

(C) The Director of the Division of Workforce Services shall provide the board and appeal tribunals with proper facilities and assistance for the execution of their functions.

(D) The appeal hearing officer, as such, shall have all power bestowed on him or her as chair of the appeals tribunal.

Amended by Act 2019, No. 315,§ 823, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 254, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 253, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, § 3; 1943, No. 263, § 2; 1947, No. 398, § 5; 1953, No. 162, § 7; 1975, No. 609, § 4; 1985, No. 8, § 7; 1985, No. 9, § 7; A.S.A. 1947, § 81-1107; Acts 1991, No. 100, §§ 30, 31; 1995, No. 519, § 6; 1997, No. 234, § 15; 1997, No. 250, § 61; 2001, No. 1467, §§ 3-6.
Ark. Code Ann. § 11-10-723 — AR Code / Title 11 / Chapter 10 / Subchapter 7 / Section 11-10-723
Special rules regarding transfers of experience and assignment of rates - Definitions
Status: in_force

(a) Notwithstanding any other provision of law, the following shall apply regarding assignment of rates and transfers of experience: (1) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is any common ownership, management, or control of the two (2) employers, then the unemployment experience attributable to the transferred trade or business, or portion thereof, shall be combined with the employer to whom the business is transferred. The combining of experience and recalculation of applicable employer tax rates shall be made effective the first day of the calendar quarter following the date of transfer of the trade or business, or portion thereof. The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of trade or business, or portion thereof; and (2) If following a transfer of experience under subdivision (a)(1) of this section or transfer of experience as otherwise provided in this chapter involving only a portion of a trade or business, the Director of the Division of Workforce Services determines that a substantial purpose of the transfer was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such an account effective the first day of the calendar quarter following the date of transfer. (b) Whenever a person is not an employer under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business shall not be transferred to that person if the director finds that that person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, that person shall be assigned the new employer rate under this chapter. In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the director shall use objective factors that may include the cost of acquiring the business, whether the person continued the business enterprise of the acquired business, how long that business enterprise was continued, or whether substantial numbers of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition. (c) (1) Knowing violations or attempted violations of subsection (a) or subsection (b) of this section or any other provision of this subchapter related to determining the assignment of a contribution rate shall result in an additional two-percent rate increase for the rate year during which the violation or attempted violation occurred and a two-percent additional rate increase in each of the following three (3) rate years. In addition to the rate increases, a penalty of ten percent (10%) of total taxes due shall also be assessed in each of these rate years. All penalty amounts shall be deposited and credited to the Division of Workforce Services Special Fund as set out in § 11-10-716 . The additional tax and penalty required by this subsection shall not be credited to the separate account of any employer, nor shall any employer whose contribution rate has been affected by this subsection be eligible to make a voluntary payment pursuant to § 11-10-705(c) . (2) If a person knowingly advises another person in a way that results in a violation of subsection (a) or subsection (b) of this section, the person shall be subject to a penalty of five thousand dollars ($5,000) plus ten percent (10%) of the total taxes due from the person violating subsection (a) or subsection (b) of this section for any rate year in which a violation occurred. All penalty amounts shall be deposited and credited to the fund as set out in § 11-10-716 . (3) The rate increases and penalties set forth in this subchapter along with any interest that may accrue as a result of these rate increases and penalties shall be in addition to any other rate increases, penalties, and interest provided in this chapter and shall be subject to collection as provided for in §§ 11-10-716 - 11-10-722 . (4) As used in this section, "knowing" and "knowingly" mean having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved. (5) As used in this section, "violations or attempted violations" and "violates or attempts to violate" include, but are not limited to, intent to evade, misrepresentation, or willful nondisclosure. (6) (A) In addition to the rate increases and penalties imposed by subdivision (c)(1) of this section, any person in violation of this section who knowingly evades or defeats or attempts to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony. (B) In addition to the penalties imposed by subdivision (c)(2) of this section, any person who knowingly assists a person in evading or defeating or attempting to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony. (d) The director shall establish procedures to identify the transfer or acquisition of a business for purposes of this section. (e) As used in this section: (1) "Person" has the meaning given that term by section 7701(a)(1) of the Internal Revenue Code of 1986; and (2) "Trade or business" shall include the employer's workforce. (f) This section shall be interpreted and applied in such a manner as to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor. (g) If this section and § 11-10-710 could both be applied to a transfer or attempted transfer of experience, this section shall take precedence and be applied to the transfer or attempted transfer. Amended by Act 2019, No. 910,§ 312, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 311, eff. 7/1/2019. Acts 2005, No. 902, § 14.

(a) Notwithstanding any other provision of law, the following shall apply regarding assignment of rates and transfers of experience: (1) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is any common ownership, management, or control of the two (2) employers, then the unemployment experience attributable to the transferred trade or business, or portion thereof, shall be combined with the employer to whom the business is transferred. The combining of experience and recalculation of applicable employer tax rates shall be made effective the first day of the calendar quarter following the date of transfer of the trade or business, or portion thereof. The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of trade or business, or portion thereof; and (2) If following a transfer of experience under subdivision (a)(1) of this section or transfer of experience as otherwise provided in this chapter involving only a portion of a trade or business, the Director of the Division of Workforce Services determines that a substantial purpose of the transfer was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such an account effective the first day of the calendar quarter following the date of transfer.

(1) If an employer transfers its trade or business, or a portion thereof, to another employer and, at the time of the transfer, there is any common ownership, management, or control of the two (2) employers, then the unemployment experience attributable to the transferred trade or business, or portion thereof, shall be combined with the employer to whom the business is transferred. The combining of experience and recalculation of applicable employer tax rates shall be made effective the first day of the calendar quarter following the date of transfer of the trade or business, or portion thereof. The transfer of some or all of an employer's workforce to another employer shall be considered a transfer of trade or business, or portion thereof; and

(2) If following a transfer of experience under subdivision (a)(1) of this section or transfer of experience as otherwise provided in this chapter involving only a portion of a trade or business, the Director of the Division of Workforce Services determines that a substantial purpose of the transfer was to obtain a reduced liability for contributions, then the experience rating accounts of the employers involved shall be combined into a single account and a single rate assigned to such an account effective the first day of the calendar quarter following the date of transfer.

(b) Whenever a person is not an employer under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business shall not be transferred to that person if the director finds that that person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, that person shall be assigned the new employer rate under this chapter. In determining whether the business was acquired solely or primarily for the purpose of obtaining a lower rate of contributions, the director shall use objective factors that may include the cost of acquiring the business, whether the person continued the business enterprise of the acquired business, how long that business enterprise was continued, or whether substantial numbers of new employees were hired for performance of duties unrelated to the business activity conducted prior to acquisition.

(c) (1) Knowing violations or attempted violations of subsection (a) or subsection (b) of this section or any other provision of this subchapter related to determining the assignment of a contribution rate shall result in an additional two-percent rate increase for the rate year during which the violation or attempted violation occurred and a two-percent additional rate increase in each of the following three (3) rate years. In addition to the rate increases, a penalty of ten percent (10%) of total taxes due shall also be assessed in each of these rate years. All penalty amounts shall be deposited and credited to the Division of Workforce Services Special Fund as set out in § 11-10-716 . The additional tax and penalty required by this subsection shall not be credited to the separate account of any employer, nor shall any employer whose contribution rate has been affected by this subsection be eligible to make a voluntary payment pursuant to § 11-10-705(c) . (2) If a person knowingly advises another person in a way that results in a violation of subsection (a) or subsection (b) of this section, the person shall be subject to a penalty of five thousand dollars ($5,000) plus ten percent (10%) of the total taxes due from the person violating subsection (a) or subsection (b) of this section for any rate year in which a violation occurred. All penalty amounts shall be deposited and credited to the fund as set out in § 11-10-716 . (3) The rate increases and penalties set forth in this subchapter along with any interest that may accrue as a result of these rate increases and penalties shall be in addition to any other rate increases, penalties, and interest provided in this chapter and shall be subject to collection as provided for in §§ 11-10-716 - 11-10-722 . (4) As used in this section, "knowing" and "knowingly" mean having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved. (5) As used in this section, "violations or attempted violations" and "violates or attempts to violate" include, but are not limited to, intent to evade, misrepresentation, or willful nondisclosure. (6) (A) In addition to the rate increases and penalties imposed by subdivision (c)(1) of this section, any person in violation of this section who knowingly evades or defeats or attempts to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony. (B) In addition to the penalties imposed by subdivision (c)(2) of this section, any person who knowingly assists a person in evading or defeating or attempting to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony.

(1) Knowing violations or attempted violations of subsection (a) or subsection (b) of this section or any other provision of this subchapter related to determining the assignment of a contribution rate shall result in an additional two-percent rate increase for the rate year during which the violation or attempted violation occurred and a two-percent additional rate increase in each of the following three (3) rate years. In addition to the rate increases, a penalty of ten percent (10%) of total taxes due shall also be assessed in each of these rate years. All penalty amounts shall be deposited and credited to the Division of Workforce Services Special Fund as set out in § 11-10-716 . The additional tax and penalty required by this subsection shall not be credited to the separate account of any employer, nor shall any employer whose contribution rate has been affected by this subsection be eligible to make a voluntary payment pursuant to § 11-10-705(c) .

(2) If a person knowingly advises another person in a way that results in a violation of subsection (a) or subsection (b) of this section, the person shall be subject to a penalty of five thousand dollars ($5,000) plus ten percent (10%) of the total taxes due from the person violating subsection (a) or subsection (b) of this section for any rate year in which a violation occurred. All penalty amounts shall be deposited and credited to the fund as set out in § 11-10-716 .

(3) The rate increases and penalties set forth in this subchapter along with any interest that may accrue as a result of these rate increases and penalties shall be in addition to any other rate increases, penalties, and interest provided in this chapter and shall be subject to collection as provided for in §§ 11-10-716 - 11-10-722 .

(4) As used in this section, "knowing" and "knowingly" mean having actual knowledge of or acting with deliberate ignorance or reckless disregard for the prohibition involved.

(5) As used in this section, "violations or attempted violations" and "violates or attempts to violate" include, but are not limited to, intent to evade, misrepresentation, or willful nondisclosure.

(6) (A) In addition to the rate increases and penalties imposed by subdivision (c)(1) of this section, any person in violation of this section who knowingly evades or defeats or attempts to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony. (B) In addition to the penalties imposed by subdivision (c)(2) of this section, any person who knowingly assists a person in evading or defeating or attempting to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony.

(A) In addition to the rate increases and penalties imposed by subdivision (c)(1) of this section, any person in violation of this section who knowingly evades or defeats or attempts to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony.

(B) In addition to the penalties imposed by subdivision (c)(2) of this section, any person who knowingly assists a person in evading or defeating or attempting to evade or defeat the payment of any unemployment insurance tax, penalty, or interest due under this subchapter shall be guilty of a Class C felony.

(d) The director shall establish procedures to identify the transfer or acquisition of a business for purposes of this section.

(e) As used in this section: (1) "Person" has the meaning given that term by section 7701(a)(1) of the Internal Revenue Code of 1986; and (2) "Trade or business" shall include the employer's workforce.

(1) "Person" has the meaning given that term by section 7701(a)(1) of the Internal Revenue Code of 1986; and

(2) "Trade or business" shall include the employer's workforce.

(f) This section shall be interpreted and applied in such a manner as to meet the minimum requirements contained in any guidance or regulations issued by the United States Department of Labor.

(g) If this section and § 11-10-710 could both be applied to a transfer or attempted transfer of experience, this section shall take precedence and be applied to the transfer or attempted transfer.

Amended by Act 2019, No. 910,§ 312, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 311, eff. 7/1/2019.

Acts 2005, No. 902, § 14.
Ark. Code Ann. § 11-10-522 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-522
Claims - Determination
Status: in_force

(a) In General. (1) (A) A monetary determination upon a claim filed pursuant to § 11-10-521(a) shall be made promptly by the Director of the Division of Workforce Services and shall include total wage credits as reported paid by each employer during the claimant's base period and the identity of each base-period employer. (B) (i) For a claimant who meets the wage requirements of § 11-10-507(a)(5) , this notice shall include the beginning date of his or her benefit year, his or her basic weekly benefit amount, and the maximum amount of benefits that may be paid to him or her during the benefit year. (ii) For a claimant who does not meet the wage requirements of § 11-10-507(a)(5) , the notice of monetary determination shall include the reason for such determination. (2) A nonmonetary determination of a claimant's right to waiting period credit or benefits shall be made under §§ 11-10-507 - 11-10-519 promptly upon his or her timely claiming such credit or benefits. (b) Combination of Claim. Whenever any claim involves the same issue for more than one (1) claimant, the cases will be combined for the purpose of a hearing if a request to do so is received. If the request is made by any interested party, the director shall refer those cases to a hearing examiner designated by the Board of Review. (c) Finality. The decision shall include the reason for any denial and shall be deemed to be final unless within twenty (20) days after the mailing of notice to an interested party's last known address, or in the absence of mailing, within twenty (20) days after the delivery of notice, an appeal is filed with the board or notice is entered by that body. (d) Notice of Determinations. (1) (A) Notice of any monetary determination upon an initial claim shall be promptly given to the claimant, by delivery or by mailing the notice to his or her last known address. (B) A notice of the filing of an initial claim, together with a request for pertinent information concerning claimant's status, shall be promptly mailed to each employer in the base period other than the employer known to the claimant as his or her last employer if the charges to the base-period employer could be affected by benefits paid. (2) (A) Notice of a nonmonetary determination made pursuant to subdivision (a)(2) of this section shall be promptly given to the claimant by delivery or by mailing the notice to his or her last known address. (B) Effective January 1, 1998, a notice of this nonmonetary determination shall be promptly mailed to the last employer. (e) MONETARY REDETERMINATIONS. (1) The director may reconsider a monetary determination when he or she finds that an error in computation or identity has occurred in connection therewith or that base-period wage credits for the claimant had not been used in the original monetary determination. (2) No reconsideration may be made after one (1) year from the date of the original monetary determination. (3) If the amount of benefits is increased upon the reconsideration, an appeal solely with respect to the matters involved in the increase may be filed in the manner and subject to the limitations provided in §§ 11-10-523 - 11-10-530 . (4) If the amount of benefits is decreased upon the reconsideration, the matters involved in the decrease shall be subject to review in connection with an appeal by claimant from any determination upon a subsequent claim for benefits that may be affected in amount or duration by the reconsideration. (5) In the event that an appeal involving an original monetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. (6) Written notice of a monetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(1) of this section. (f) NONMONETARY REDETERMINATIONS. (1) (A) Upon receipt of new evidence, the director may reconsider a nonmonetary determination within three (3) years from the date of the original monetary determination. (B) However, if benefits have been awarded or denied on the basis of a misrepresentation of a material fact, the director may reconsider the nonmonetary determination within one (1) year of the date that the misrepresentation became known to him or her. (2) In the event that an appeal involving an original nonmonetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. (3) Written notice of a nonmonetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(2) of this section. Amended by Act 2019, No. 910,§ 252, eff. 7/1/2019. Acts 1941, No. 391, § 6; 1943, No. 138, §§ 1, 2; 1949, No. 155, §§ 6, 7; 1953, No. 162, §§ 4-6; 1963, No. 93, § 7; 1971, No. 35, § 10; 1973, No. 329, § 9; 1975, No. 609, § 3; 1977, No. 366, § 8; 1983, No. 482, § 37; A.S.A. 1947, § 81-1107; Acts 1991, No. 100, § 29; 1997, No. 234, § 14; 2005, No. 902, § 6; 2007, No. 490, § 7; 2009, No. 653, § 5.

(a) In General. (1) (A) A monetary determination upon a claim filed pursuant to § 11-10-521(a) shall be made promptly by the Director of the Division of Workforce Services and shall include total wage credits as reported paid by each employer during the claimant's base period and the identity of each base-period employer. (B) (i) For a claimant who meets the wage requirements of § 11-10-507(a)(5) , this notice shall include the beginning date of his or her benefit year, his or her basic weekly benefit amount, and the maximum amount of benefits that may be paid to him or her during the benefit year. (ii) For a claimant who does not meet the wage requirements of § 11-10-507(a)(5) , the notice of monetary determination shall include the reason for such determination. (2) A nonmonetary determination of a claimant's right to waiting period credit or benefits shall be made under §§ 11-10-507 - 11-10-519 promptly upon his or her timely claiming such credit or benefits.

(1) (A) A monetary determination upon a claim filed pursuant to § 11-10-521(a) shall be made promptly by the Director of the Division of Workforce Services and shall include total wage credits as reported paid by each employer during the claimant's base period and the identity of each base-period employer. (B) (i) For a claimant who meets the wage requirements of § 11-10-507(a)(5) , this notice shall include the beginning date of his or her benefit year, his or her basic weekly benefit amount, and the maximum amount of benefits that may be paid to him or her during the benefit year. (ii) For a claimant who does not meet the wage requirements of § 11-10-507(a)(5) , the notice of monetary determination shall include the reason for such determination.

(A) A monetary determination upon a claim filed pursuant to § 11-10-521(a) shall be made promptly by the Director of the Division of Workforce Services and shall include total wage credits as reported paid by each employer during the claimant's base period and the identity of each base-period employer.

(B) (i) For a claimant who meets the wage requirements of § 11-10-507(a)(5) , this notice shall include the beginning date of his or her benefit year, his or her basic weekly benefit amount, and the maximum amount of benefits that may be paid to him or her during the benefit year. (ii) For a claimant who does not meet the wage requirements of § 11-10-507(a)(5) , the notice of monetary determination shall include the reason for such determination.

(i) For a claimant who meets the wage requirements of § 11-10-507(a)(5) , this notice shall include the beginning date of his or her benefit year, his or her basic weekly benefit amount, and the maximum amount of benefits that may be paid to him or her during the benefit year.

(ii) For a claimant who does not meet the wage requirements of § 11-10-507(a)(5) , the notice of monetary determination shall include the reason for such determination.

(2) A nonmonetary determination of a claimant's right to waiting period credit or benefits shall be made under §§ 11-10-507 - 11-10-519 promptly upon his or her timely claiming such credit or benefits.

(b) Combination of Claim. Whenever any claim involves the same issue for more than one (1) claimant, the cases will be combined for the purpose of a hearing if a request to do so is received. If the request is made by any interested party, the director shall refer those cases to a hearing examiner designated by the Board of Review.

(c) Finality. The decision shall include the reason for any denial and shall be deemed to be final unless within twenty (20) days after the mailing of notice to an interested party's last known address, or in the absence of mailing, within twenty (20) days after the delivery of notice, an appeal is filed with the board or notice is entered by that body.

(d) Notice of Determinations. (1) (A) Notice of any monetary determination upon an initial claim shall be promptly given to the claimant, by delivery or by mailing the notice to his or her last known address. (B) A notice of the filing of an initial claim, together with a request for pertinent information concerning claimant's status, shall be promptly mailed to each employer in the base period other than the employer known to the claimant as his or her last employer if the charges to the base-period employer could be affected by benefits paid. (2) (A) Notice of a nonmonetary determination made pursuant to subdivision (a)(2) of this section shall be promptly given to the claimant by delivery or by mailing the notice to his or her last known address. (B) Effective January 1, 1998, a notice of this nonmonetary determination shall be promptly mailed to the last employer.

(1) (A) Notice of any monetary determination upon an initial claim shall be promptly given to the claimant, by delivery or by mailing the notice to his or her last known address. (B) A notice of the filing of an initial claim, together with a request for pertinent information concerning claimant's status, shall be promptly mailed to each employer in the base period other than the employer known to the claimant as his or her last employer if the charges to the base-period employer could be affected by benefits paid.

(A) Notice of any monetary determination upon an initial claim shall be promptly given to the claimant, by delivery or by mailing the notice to his or her last known address.

(B) A notice of the filing of an initial claim, together with a request for pertinent information concerning claimant's status, shall be promptly mailed to each employer in the base period other than the employer known to the claimant as his or her last employer if the charges to the base-period employer could be affected by benefits paid.

(2) (A) Notice of a nonmonetary determination made pursuant to subdivision (a)(2) of this section shall be promptly given to the claimant by delivery or by mailing the notice to his or her last known address. (B) Effective January 1, 1998, a notice of this nonmonetary determination shall be promptly mailed to the last employer.

(A) Notice of a nonmonetary determination made pursuant to subdivision (a)(2) of this section shall be promptly given to the claimant by delivery or by mailing the notice to his or her last known address.

(B) Effective January 1, 1998, a notice of this nonmonetary determination shall be promptly mailed to the last employer.

(e) MONETARY REDETERMINATIONS. (1) The director may reconsider a monetary determination when he or she finds that an error in computation or identity has occurred in connection therewith or that base-period wage credits for the claimant had not been used in the original monetary determination. (2) No reconsideration may be made after one (1) year from the date of the original monetary determination. (3) If the amount of benefits is increased upon the reconsideration, an appeal solely with respect to the matters involved in the increase may be filed in the manner and subject to the limitations provided in §§ 11-10-523 - 11-10-530 . (4) If the amount of benefits is decreased upon the reconsideration, the matters involved in the decrease shall be subject to review in connection with an appeal by claimant from any determination upon a subsequent claim for benefits that may be affected in amount or duration by the reconsideration. (5) In the event that an appeal involving an original monetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. (6) Written notice of a monetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(1) of this section.

(1) The director may reconsider a monetary determination when he or she finds that an error in computation or identity has occurred in connection therewith or that base-period wage credits for the claimant had not been used in the original monetary determination.

(2) No reconsideration may be made after one (1) year from the date of the original monetary determination.

(3) If the amount of benefits is increased upon the reconsideration, an appeal solely with respect to the matters involved in the increase may be filed in the manner and subject to the limitations provided in §§ 11-10-523 - 11-10-530 .

(4) If the amount of benefits is decreased upon the reconsideration, the matters involved in the decrease shall be subject to review in connection with an appeal by claimant from any determination upon a subsequent claim for benefits that may be affected in amount or duration by the reconsideration.

(5) In the event that an appeal involving an original monetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination.

(6) Written notice of a monetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(1) of this section.

(f) NONMONETARY REDETERMINATIONS. (1) (A) Upon receipt of new evidence, the director may reconsider a nonmonetary determination within three (3) years from the date of the original monetary determination. (B) However, if benefits have been awarded or denied on the basis of a misrepresentation of a material fact, the director may reconsider the nonmonetary determination within one (1) year of the date that the misrepresentation became known to him or her. (2) In the event that an appeal involving an original nonmonetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination. (3) Written notice of a nonmonetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(2) of this section.

(1) (A) Upon receipt of new evidence, the director may reconsider a nonmonetary determination within three (3) years from the date of the original monetary determination. (B) However, if benefits have been awarded or denied on the basis of a misrepresentation of a material fact, the director may reconsider the nonmonetary determination within one (1) year of the date that the misrepresentation became known to him or her.

(A) Upon receipt of new evidence, the director may reconsider a nonmonetary determination within three (3) years from the date of the original monetary determination.

(B) However, if benefits have been awarded or denied on the basis of a misrepresentation of a material fact, the director may reconsider the nonmonetary determination within one (1) year of the date that the misrepresentation became known to him or her.

(2) In the event that an appeal involving an original nonmonetary determination is pending as of the date that a redetermination is issued, the appeal, unless withdrawn, shall be treated as an appeal from such redetermination.

(3) Written notice of a nonmonetary redetermination shall be given in the same manner and to the same parties as provided in subdivision (d)(2) of this section.

Amended by Act 2019, No. 910,§ 252, eff. 7/1/2019.

Acts 1941, No. 391, § 6; 1943, No. 138, §§ 1, 2; 1949, No. 155, §§ 6, 7; 1953, No. 162, §§ 4-6; 1963, No. 93, § 7; 1971, No. 35, § 10; 1973, No. 329, § 9; 1975, No. 609, § 3; 1977, No. 366, § 8; 1983, No. 482, § 37; A.S.A. 1947, § 81-1107; Acts 1991, No. 100, § 29; 1997, No. 234, § 14; 2005, No. 902, § 6; 2007, No. 490, § 7; 2009, No. 653, § 5.
Ark. Code Ann. § 11-8-105 — AR Code / Title 11 / Chapter 8 / Section 11-8-105
Assumption of risk no defense when safety statute violated
Status: in_force

In any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 to recover damages for injuries to, or the death of, any of its employees, the employee shall not be held to have assumed the risks of his or her employment in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee. Acts 1913, No. 175, § 3; C. & M. Dig., § 7146; Pope's Dig., § 9132; A.S.A. 1947, § 81-1203.

In any action brought against any corporation under or by virtue of any of the provisions of §§ 11-8-101 - 11-8-108 to recover damages for injuries to, or the death of, any of its employees, the employee shall not be held to have assumed the risks of his or her employment in any case where the violation by the corporation of any statute enacted for the safety of employees contributed to the injury or death of the employee.

Acts 1913, No. 175, § 3; C. & M. Dig., § 7146; Pope's Dig., § 9132; A.S.A. 1947, § 81-1203.
Ark. Code Ann. § 11-10-611 — AR Code / Title 11 / Chapter 10 / Subchapter 6 / Section 11-10-611
Entitlement to benefits under certain conditions
Status: in_force

(a) If an individual works in the same week for an employer other than the shared work employer, and his or her combined hours of work for both employers are greater than ninety percent (90%) of the normal hours of work with the shared work employer, he or she shall not be entitled to benefits under these shared work provisions or the unemployment compensation provisions. (b) (1) If an individual works in the same week for both the shared work employer and another employer and his or her combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, the benefit amount payable for that week shall be the weekly unemployment compensation amount reduced by the same percentage that the combined hours are of the usual hours of work. (2) A week for which benefits are paid under this subsection shall count as a week of shared work unemployment compensation. (c) If an individual, with the approval of the employer, did not work during any portion of the workweek, other than the reduced portion covered by the shared work plan, he or she shall not be disqualified for the absence or deemed ineligible for shared work unemployment benefits for that reason alone. (d) (1) An individual who performs no services during a week for the shared work employer and is otherwise eligible shall be paid the full weekly unemployment compensation amount. (2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received. (e) (1) An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, shall be paid benefits for that week under the partial unemployment compensation provisions of this chapter. (2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received. Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 11; 1995, No. 519, § 7.

(a) If an individual works in the same week for an employer other than the shared work employer, and his or her combined hours of work for both employers are greater than ninety percent (90%) of the normal hours of work with the shared work employer, he or she shall not be entitled to benefits under these shared work provisions or the unemployment compensation provisions.

(b) (1) If an individual works in the same week for both the shared work employer and another employer and his or her combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, the benefit amount payable for that week shall be the weekly unemployment compensation amount reduced by the same percentage that the combined hours are of the usual hours of work. (2) A week for which benefits are paid under this subsection shall count as a week of shared work unemployment compensation.

(1) If an individual works in the same week for both the shared work employer and another employer and his or her combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, the benefit amount payable for that week shall be the weekly unemployment compensation amount reduced by the same percentage that the combined hours are of the usual hours of work.

(2) A week for which benefits are paid under this subsection shall count as a week of shared work unemployment compensation.

(c) If an individual, with the approval of the employer, did not work during any portion of the workweek, other than the reduced portion covered by the shared work plan, he or she shall not be disqualified for the absence or deemed ineligible for shared work unemployment benefits for that reason alone.

(d) (1) An individual who performs no services during a week for the shared work employer and is otherwise eligible shall be paid the full weekly unemployment compensation amount. (2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received.

(1) An individual who performs no services during a week for the shared work employer and is otherwise eligible shall be paid the full weekly unemployment compensation amount.

(2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received.

(e) (1) An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, shall be paid benefits for that week under the partial unemployment compensation provisions of this chapter. (2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received.

(1) An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, shall be paid benefits for that week under the partial unemployment compensation provisions of this chapter.

(2) Such a week shall not be counted as a week with respect to which shared work unemployment compensation was received.

Acts 1985, No. 329, § 1; 1985, No. 813, § 1; A.S.A. 1947, § 81-1104n; Acts 1987, No. 753, § 11; 1995, No. 519, § 7.
Ark. Code Ann. § 11-10-512 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-512
Disqualification - Satisfaction
Status: in_force

(a) "Week of Unemployment" Defined. A "week of unemployment" as used in this section and § 11-10-519 means a week during which, except for a disqualification, an individual would be eligible for benefits. (b) "Week of Disqualification" Defined. A "week of disqualification" as used in this section and § 11-10-519(a)(2) shall be satisfied by a week of unemployment as defined in this section or by a week of employment during which the employee has earnings in an amount equal to his or her weekly benefit amount. Amended by Act 2019, No. 453,§ 3, eff. 10/1/2019. Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, § 20; 1971, No. 35, § 9; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 5.

(a) "Week of Unemployment" Defined. A "week of unemployment" as used in this section and § 11-10-519 means a week during which, except for a disqualification, an individual would be eligible for benefits.

(b) "Week of Disqualification" Defined. A "week of disqualification" as used in this section and § 11-10-519(a)(2) shall be satisfied by a week of unemployment as defined in this section or by a week of employment during which the employee has earnings in an amount equal to his or her weekly benefit amount.

Amended by Act 2019, No. 453,§ 3, eff. 10/1/2019.

Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1953, No. 162, § 3; 1955, No. 395, § 20; 1971, No. 35, § 9; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 5.
Ark. Code Ann. § 11-4-609 — AR Code / Title 11 / Chapter 4 / Subchapter 6 / Section 11-4-609
Administration of this section, sections 11-4-607 and 11-4-608, and 11-4-610 - 11-4-612
Status: in_force

The Director of the Division of Labor shall have the power and it shall be his or her duty to carry out and administer the provisions of this section, §§ 11-4-607 , 11-4-608 , and 11-4-610 - 11-4-612 . Amended by Act 2019, No. 910,§ 5327, eff. 7/1/2019. Acts 1955, No. 361, § 3; A.S.A. 1947, § 81-625.

The Director of the Division of Labor shall have the power and it shall be his or her duty to carry out and administer the provisions of this section, §§ 11-4-607 , 11-4-608 , and 11-4-610 - 11-4-612 .

Amended by Act 2019, No. 910,§ 5327, eff. 7/1/2019.

Acts 1955, No. 361, § 3; A.S.A. 1947, § 81-625.
Ark. Code Ann. § 11-10-511 — AR Code / Title 11 / Chapter 10 / Subchapter 5 / Section 11-10-511
Ineligibility - Aliens - Exception
Status: in_force

(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing those services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of § 212(d)(5) of the Immigration and Nationality Act. (b) (1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence. Acts 1941, No. 391, § 4; 1977, No. 376, § 10; 1979, No. 492, § 6; A.S.A. 1947, § 81-1105; Acts 1993, No. 6, § 6.

(a) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for purposes of performing those services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of § 212(d)(5) of the Immigration and Nationality Act.

(b) (1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. (2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.

(1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.

(2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.

Acts 1941, No. 391, § 4; 1977, No. 376, § 10; 1979, No. 492, § 6; A.S.A. 1947, § 81-1105; Acts 1993, No. 6, § 6.
Ark. Code Ann. § 11-9-717 — AR Code / Title 11 / Chapter 9 / Subchapter 7 / Section 11-9-717
Attorney's signature
Status: in_force

(a) (1) (A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated. (B) A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address. (2) The signature of an attorney or party constitutes a certificate by him or her that: (A) He or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper; (B) To the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (C) It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (3) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. (4) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is signed in violation of this rule, the Workers' Compensation Commission, including administrative law judges, upon motion or upon their own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, including a reasonable attorney's fee. (b) Appropriate sanctions, including the amount of reasonable expenses and attorney's fees, may also be imposed against a party or its attorney which, without good cause shown, fails to appear for a hearing, deposition, or any other matter scheduled by the commission or administrative law judge, or frivolously joins another party. Acts 1993, No. 796, § 36.

(a) (1) (A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated. (B) A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address. (2) The signature of an attorney or party constitutes a certificate by him or her that: (A) He or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper; (B) To the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (C) It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. (3) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant. (4) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is signed in violation of this rule, the Workers' Compensation Commission, including administrative law judges, upon motion or upon their own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, including a reasonable attorney's fee.

(1) (A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated. (B) A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address.

(A) Every claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, and other paper of a party represented by an attorney shall be signed by at least one (1) attorney of record in his or her individual name, whose address shall be stated.

(B) A party who is not represented by an attorney shall sign his or her claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, and state his or her address.

(2) The signature of an attorney or party constitutes a certificate by him or her that: (A) He or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper; (B) To the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and (C) It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(A) He or she has read the claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper;

(B) To the best of his or her knowledge, information, and belief formed after reasonable inquiry, it is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; and

(C) It is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.

(3) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is not signed, it shall be stricken unless it is signed promptly after the omission is called to the attention of the pleader or movant.

(4) If a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper is signed in violation of this rule, the Workers' Compensation Commission, including administrative law judges, upon motion or upon their own initiative, shall impose upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of reasonable expenses incurred because of the filing of a claim, request for benefits, request for additional benefits, controversion of benefits, request for a hearing, pleading, motion, or other paper, including a reasonable attorney's fee.

(b) Appropriate sanctions, including the amount of reasonable expenses and attorney's fees, may also be imposed against a party or its attorney which, without good cause shown, fails to appear for a hearing, deposition, or any other matter scheduled by the commission or administrative law judge, or frivolously joins another party.

Acts 1993, No. 796, § 36.
Ark. Code Ann. § 11-4-211 — AR Code / Title 11 / Chapter 4 / Subchapter 2 / Section 11-4-211
Overtime
Status: in_force

(a) Except as otherwise provided in this section and §§ 11-4-210 and 11-4-212 , no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half (1 ½) times the regular rate of pay at which he or she is employed. (b) The provisions regarding the payment of wages at one and one-half (1 ½) times the regular rate of pay for overtime services shall not be applicable with respect to agricultural employees. (c) Neither the provisions of this section nor the provisions of any other law of this state shall be construed to require the payment of compensation at a greater rate than the normal rate for services performed by agricultural employees in excess of forty (40) hours per week. (d) This section shall not apply to any employee exempt from the overtime requirements of the federal Fair Labor Standards Act pursuant to the provisions of 29 U.S.C. § 213(b)(1)-(24) and (b)(28)-(30) , as they existed on March 1, 2006. (e) No public agency shall be deemed to have violated this section with respect to the employment of any employee in fire protection activities or law enforcement activities, including security personnel in correctional institutions, provided that the public agency pays overtime pay in compliance with 29 U.S.C. § 207(k) , as it existed on March 1, 2006. (f) In lieu of overtime compensation, the State of Arkansas and any political subdivision of the state may award compensatory time off at a rate of not less than one and one-half (1 ½) hours for each hour of employment for which overtime compensation is required. The compensatory time off may be provided only: (1) (A) Pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other agreement between the public agency and representatives of such employees. (B) In the case of employees not covered by subdivision (f)(1)(A) of this section, an agreement or understanding arrived at between the employer and employee before the performance of the work; and (2) If the employee has not terminated employment and has not accrued compensatory time in excess of the following: (A) Four hundred eighty (480) hours for police, firefighters, emergency response personnel, and employees engaged in seasonal activities; or (B) Two hundred forty (240) hours for any public employee not otherwise exempt or covered by subdivision (f)(2)(A) of this section. (g) By rule, the Director of the Division of Labor may authorize employment in excess of the standard set by subsection (a) of this section or may authorize the calculation of overtime on a basis other than the regular rate of pay required by subsection (a) of this section for employment: (1) Necessitating irregular hours of work; (2) At a piece rate; (3) Paying on a commission basis in a retail or service establishment; (4) In a hospital or enterprise engaged in the care of the sick, the aged, or individuals with mental illness; (5) By an independently-owned-and-controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products; and (6) Under a collective bargaining agreement. Amended by Act 2019, No. 315,§ 761, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5312, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1977, No. 345, §§ 4, 5; 1983, No. 453, § 2; A.S.A. 1947, §§ 81-321, 81-321.1; Acts 1991, No. 544, § 2; 2006 (1st Ex. Sess.), No. 15, § 4; 2006 (1st Ex. Sess.), No. 16, § 4; 2007, No. 545, § 2.

(a) Except as otherwise provided in this section and §§ 11-4-210 and 11-4-212 , no employer shall employ any of his or her employees for a work week longer than forty (40) hours unless the employee receives compensation for his or her employment in excess of the hours above specified at a rate not less than one and one-half (1 ½) times the regular rate of pay at which he or she is employed.

(b) The provisions regarding the payment of wages at one and one-half (1 ½) times the regular rate of pay for overtime services shall not be applicable with respect to agricultural employees.

(c) Neither the provisions of this section nor the provisions of any other law of this state shall be construed to require the payment of compensation at a greater rate than the normal rate for services performed by agricultural employees in excess of forty (40) hours per week.

(d) This section shall not apply to any employee exempt from the overtime requirements of the federal Fair Labor Standards Act pursuant to the provisions of 29 U.S.C. § 213(b)(1)-(24) and (b)(28)-(30) , as they existed on March 1, 2006.

(e) No public agency shall be deemed to have violated this section with respect to the employment of any employee in fire protection activities or law enforcement activities, including security personnel in correctional institutions, provided that the public agency pays overtime pay in compliance with 29 U.S.C. § 207(k) , as it existed on March 1, 2006.

(f) In lieu of overtime compensation, the State of Arkansas and any political subdivision of the state may award compensatory time off at a rate of not less than one and one-half (1 ½) hours for each hour of employment for which overtime compensation is required. The compensatory time off may be provided only: (1) (A) Pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other agreement between the public agency and representatives of such employees. (B) In the case of employees not covered by subdivision (f)(1)(A) of this section, an agreement or understanding arrived at between the employer and employee before the performance of the work; and (2) If the employee has not terminated employment and has not accrued compensatory time in excess of the following: (A) Four hundred eighty (480) hours for police, firefighters, emergency response personnel, and employees engaged in seasonal activities; or (B) Two hundred forty (240) hours for any public employee not otherwise exempt or covered by subdivision (f)(2)(A) of this section.

(1) (A) Pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other agreement between the public agency and representatives of such employees. (B) In the case of employees not covered by subdivision (f)(1)(A) of this section, an agreement or understanding arrived at between the employer and employee before the performance of the work; and

(A) Pursuant to applicable provisions of a collective bargaining agreement, memorandum of understanding, or other agreement between the public agency and representatives of such employees.

(B) In the case of employees not covered by subdivision (f)(1)(A) of this section, an agreement or understanding arrived at between the employer and employee before the performance of the work; and

(2) If the employee has not terminated employment and has not accrued compensatory time in excess of the following: (A) Four hundred eighty (480) hours for police, firefighters, emergency response personnel, and employees engaged in seasonal activities; or (B) Two hundred forty (240) hours for any public employee not otherwise exempt or covered by subdivision (f)(2)(A) of this section.

(A) Four hundred eighty (480) hours for police, firefighters, emergency response personnel, and employees engaged in seasonal activities; or

(B) Two hundred forty (240) hours for any public employee not otherwise exempt or covered by subdivision (f)(2)(A) of this section.

(g) By rule, the Director of the Division of Labor may authorize employment in excess of the standard set by subsection (a) of this section or may authorize the calculation of overtime on a basis other than the regular rate of pay required by subsection (a) of this section for employment: (1) Necessitating irregular hours of work; (2) At a piece rate; (3) Paying on a commission basis in a retail or service establishment; (4) In a hospital or enterprise engaged in the care of the sick, the aged, or individuals with mental illness; (5) By an independently-owned-and-controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products; and (6) Under a collective bargaining agreement.

(1) Necessitating irregular hours of work;

(2) At a piece rate;

(3) Paying on a commission basis in a retail or service establishment;

(4) In a hospital or enterprise engaged in the care of the sick, the aged, or individuals with mental illness;

(5) By an independently-owned-and-controlled local enterprise engaged in the wholesale or bulk distribution of petroleum products; and

(6) Under a collective bargaining agreement.

Amended by Act 2019, No. 315,§ 761, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5312, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 25, § 3; 1977, No. 345, §§ 4, 5; 1983, No. 453, § 2; A.S.A. 1947, §§ 81-321, 81-321.1; Acts 1991, No. 544, § 2; 2006 (1st Ex. Sess.), No. 15, § 4; 2006 (1st Ex. Sess.), No. 16, § 4; 2007, No. 545, § 2.
Ark. Code Ann. § 11-7-411 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-411
Coal miners - Examination - Qualifications - Certificates
Status: in_force

(a) The Director of the Division of Labor shall hold sufficient examinations each year in places to be determined by the director, which, in his or her opinion, will be most convenient to applicants desiring to engage in the business of coal mining. (b) All examinations held by the director shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of each applicant. (c) The director shall: (1) Examine under oath all persons who apply for certificates, except those regularly employed in the State of Arkansas and exempted under § 11-7-409 , as to their previous experience as coal miners; and (2) (A) Grant certificates of competency and qualification to such applicants as the director finds to be qualified. (B) The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state. (d) (1) A certificate of competency and qualification shall not be issued or delivered to any person under this act, unless: (A) He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and (B) He or she is competent to mine coal in the coal mines of this state. (2) In no case shall the applicant be deemed competent or qualified under this act unless he or she appears in person before the director and orally answers correctly at least twelve (12) practical questions propounded to him or her by the director pertaining to requirements and qualifications of a practical coal miner. (e) The director shall keep an accurate record of proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with the questions asked and his or her answers, and the director shall keep the records open for the inspection of the parties in interest. (f) A miner's certificate granted under this act is not transferable, and any effort to transfer the certificate shall be deemed a violation of this act. (g) The certificate shall be issued and signed by the director. (h) (1) Each applicant for the certificate provided for under this section shall pay a fee of fifty cents (50¢) to the director at the time of making application and, if successful in the examination, shall pay an additional fee of fifty cents (50¢) for the certificate. (2) All fees collected from applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out. Amended by Act 2019, No. 910,§ 5354, eff. 7/1/2019. Amended by Act 2017, No. 266,§ 7, eff. 8/1/2017. Acts 1949, No. 268, §§ 12-14; A.S.A. 1947, §§ 52-512--52-514.

(a) The Director of the Division of Labor shall hold sufficient examinations each year in places to be determined by the director, which, in his or her opinion, will be most convenient to applicants desiring to engage in the business of coal mining.

(b) All examinations held by the director shall be conducted in the English language and shall be of a practical nature, so as to determine the competency and qualifications of each applicant.

(c) The director shall: (1) Examine under oath all persons who apply for certificates, except those regularly employed in the State of Arkansas and exempted under § 11-7-409 , as to their previous experience as coal miners; and (2) (A) Grant certificates of competency and qualification to such applicants as the director finds to be qualified. (B) The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state.

(1) Examine under oath all persons who apply for certificates, except those regularly employed in the State of Arkansas and exempted under § 11-7-409 , as to their previous experience as coal miners; and

(2) (A) Grant certificates of competency and qualification to such applicants as the director finds to be qualified. (B) The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state.

(A) Grant certificates of competency and qualification to such applicants as the director finds to be qualified.

(B) The certificate, when so issued, entitles the holder to be employed as, and to do the work of, a coal miner in this state.

(d) (1) A certificate of competency and qualification shall not be issued or delivered to any person under this act, unless: (A) He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and (B) He or she is competent to mine coal in the coal mines of this state. (2) In no case shall the applicant be deemed competent or qualified under this act unless he or she appears in person before the director and orally answers correctly at least twelve (12) practical questions propounded to him or her by the director pertaining to requirements and qualifications of a practical coal miner.

(1) A certificate of competency and qualification shall not be issued or delivered to any person under this act, unless: (A) He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and (B) He or she is competent to mine coal in the coal mines of this state.

(A) He or she first produces evidence of having had not less than two (2) years of practical experience working as a coal miner or working with a coal miner; and

(B) He or she is competent to mine coal in the coal mines of this state.

(2) In no case shall the applicant be deemed competent or qualified under this act unless he or she appears in person before the director and orally answers correctly at least twelve (12) practical questions propounded to him or her by the director pertaining to requirements and qualifications of a practical coal miner.

(e) The director shall keep an accurate record of proceedings and meetings and in the record shall show a correct detailed account of the examination of each applicant with the questions asked and his or her answers, and the director shall keep the records open for the inspection of the parties in interest.

(f) A miner's certificate granted under this act is not transferable, and any effort to transfer the certificate shall be deemed a violation of this act.

(g) The certificate shall be issued and signed by the director.

(h) (1) Each applicant for the certificate provided for under this section shall pay a fee of fifty cents (50¢) to the director at the time of making application and, if successful in the examination, shall pay an additional fee of fifty cents (50¢) for the certificate. (2) All fees collected from applicants shall be paid into the Coal Mine Examining Fund and paid out of the fund as other moneys are paid out.

(1) Each applicant for the certificate provided for under this section shall pay a fee of fifty cents (50¢) to the director at the time of making application and, if successful in the examination, shall pay an additional fee of fifty cents (50¢) for the certificate.

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

Amended by Act 2019, No. 910,§ 5354, eff. 7/1/2019.

Amended by Act 2017, No. 266,§ 7, eff. 8/1/2017.

Acts 1949, No. 268, §§ 12-14; A.S.A. 1947, §§ 52-512--52-514.
Ark. Code Ann. § 11-3-204 — AR Code / Title 11 / Chapter 3 / Subchapter 2 / Section 11-3-204
Providing references to prospective employers
Status: in_force

(a) (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee: (A) Date and duration of employment; (B) Current pay rate and wage history; (C) Job description and duties; (D) The last written performance evaluation prepared prior to the date of the request; (E) Attendance information; (F) Results of drug or alcohol tests administered within one (1) year prior to the request; (G) Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee; (H) Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and (I) Whether the employee is eligible for rehire. (2) A school district or an officer, an agent, a servant, or an employee of a school district may disclose the information under subdivision (a)(1)(A)-(I) of this section and any additional information that may have some bearing upon the hiring of a current or former employee by a school district with or without the written consent of the current or former employee. (3) The current or former employer disclosing the information is presumed to be acting in good faith and is immune from civil liability for the disclosure or any consequences of the disclosure unless the presumption of good faith is rebutted upon a showing by a preponderance of the evidence that the information disclosed by the current or former employer was false, and the current or former employer had knowledge of its falsity or acted with malice or reckless disregard for the truth. (4) The current or former employer disclosing the information may present the information in a format convenient to the current or former employer, including any electronic format. (b) (1) (A) The consent required in subsection (a) of this section shall be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form. (B) The consent form shall state, at a minimum, language similar to the following: "I, (applicant) , hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer) ." (2) The consent shall be signed and dated by the applicant. (3) (A) The consent shall be valid only for the length of time that the application is considered active by the prospective employer. (B) If the applicant is hired and remains with the new employer for longer than six (6) months, the consent shall be valid for no longer than six (6) months. (C) If the applicant is hired and remains with the new employer for less than six (6) months, the consent shall be valid for six (6) months after the termination of employment. (c) The provisions of this section shall also apply to any current or former employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with the provisions of this section. (d) (1) This section does not require any prospective employer to request employment history on a prospective employee and does not require any current or former employer to disclose employment history to any prospective employer. (2) Except as specifically amended herein, the common law of this state remains unchanged as it relates to providing employment information on present and former employees. (3) This section shall apply only to causes of action accruing on and after July 30, 1999. (e) The immunity conferred by this section shall not apply when an employer or prospective employer discriminates or retaliates against an employee because the employee or the prospective employee has exercised or is believed to have exercised any federal or state statutory right or undertaken any action encouraged by the public policy of this state. Amended by Act 2015, No. 949,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1039,§ 1, eff. 8/16/2013. Acts 1999, No. 1474, §§ 1-5.

(a) (1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee: (A) Date and duration of employment; (B) Current pay rate and wage history; (C) Job description and duties; (D) The last written performance evaluation prepared prior to the date of the request; (E) Attendance information; (F) Results of drug or alcohol tests administered within one (1) year prior to the request; (G) Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee; (H) Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and (I) Whether the employee is eligible for rehire. (2) A school district or an officer, an agent, a servant, or an employee of a school district may disclose the information under subdivision (a)(1)(A)-(I) of this section and any additional information that may have some bearing upon the hiring of a current or former employee by a school district with or without the written consent of the current or former employee. (3) The current or former employer disclosing the information is presumed to be acting in good faith and is immune from civil liability for the disclosure or any consequences of the disclosure unless the presumption of good faith is rebutted upon a showing by a preponderance of the evidence that the information disclosed by the current or former employer was false, and the current or former employer had knowledge of its falsity or acted with malice or reckless disregard for the truth. (4) The current or former employer disclosing the information may present the information in a format convenient to the current or former employer, including any electronic format.

(1) A current or former employer may disclose the following information about a current or former employee's employment history to a prospective employer of the current or former employee upon receipt of written consent from the current or former employee: (A) Date and duration of employment; (B) Current pay rate and wage history; (C) Job description and duties; (D) The last written performance evaluation prepared prior to the date of the request; (E) Attendance information; (F) Results of drug or alcohol tests administered within one (1) year prior to the request; (G) Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee; (H) Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and (I) Whether the employee is eligible for rehire.

(A) Date and duration of employment;

(B) Current pay rate and wage history;

(C) Job description and duties;

(D) The last written performance evaluation prepared prior to the date of the request;

(E) Attendance information;

(F) Results of drug or alcohol tests administered within one (1) year prior to the request;

(G) Threats of violence, harassing acts, or threatening behavior related to the workplace or directed at another employee;

(H) Whether the employee was voluntarily or involuntarily separated from employment and the reasons for the separation; and

(I) Whether the employee is eligible for rehire.

(2) A school district or an officer, an agent, a servant, or an employee of a school district may disclose the information under subdivision (a)(1)(A)-(I) of this section and any additional information that may have some bearing upon the hiring of a current or former employee by a school district with or without the written consent of the current or former employee.

(3) The current or former employer disclosing the information is presumed to be acting in good faith and is immune from civil liability for the disclosure or any consequences of the disclosure unless the presumption of good faith is rebutted upon a showing by a preponderance of the evidence that the information disclosed by the current or former employer was false, and the current or former employer had knowledge of its falsity or acted with malice or reckless disregard for the truth.

(4) The current or former employer disclosing the information may present the information in a format convenient to the current or former employer, including any electronic format.

(b) (1) (A) The consent required in subsection (a) of this section shall be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form. (B) The consent form shall state, at a minimum, language similar to the following: "I, (applicant) , hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer) ." (2) The consent shall be signed and dated by the applicant. (3) (A) The consent shall be valid only for the length of time that the application is considered active by the prospective employer. (B) If the applicant is hired and remains with the new employer for longer than six (6) months, the consent shall be valid for no longer than six (6) months. (C) If the applicant is hired and remains with the new employer for less than six (6) months, the consent shall be valid for six (6) months after the termination of employment.

(1) (A) The consent required in subsection (a) of this section shall be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form. (B) The consent form shall state, at a minimum, language similar to the following: "I, (applicant) , hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer) ."

(A) The consent required in subsection (a) of this section shall be on a separate form from the application form or, if included in the application form, shall be in bold letters and in larger typeface than the largest typeface in the text of the application form.

(B) The consent form shall state, at a minimum, language similar to the following: "I, (applicant) , hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer) ."

"I, (applicant) , hereby give consent to any and all prior employers of mine to provide information with regard to my employment with prior employers to (prospective employer) ."

(2) The consent shall be signed and dated by the applicant.

(3) (A) The consent shall be valid only for the length of time that the application is considered active by the prospective employer. (B) If the applicant is hired and remains with the new employer for longer than six (6) months, the consent shall be valid for no longer than six (6) months. (C) If the applicant is hired and remains with the new employer for less than six (6) months, the consent shall be valid for six (6) months after the termination of employment.

(A) The consent shall be valid only for the length of time that the application is considered active by the prospective employer.

(B) If the applicant is hired and remains with the new employer for longer than six (6) months, the consent shall be valid for no longer than six (6) months.

(C) If the applicant is hired and remains with the new employer for less than six (6) months, the consent shall be valid for six (6) months after the termination of employment.

(c) The provisions of this section shall also apply to any current or former employee, agent, or other representative of the current or former employer who is authorized to provide and who provides information in accordance with the provisions of this section.

(d) (1) This section does not require any prospective employer to request employment history on a prospective employee and does not require any current or former employer to disclose employment history to any prospective employer. (2) Except as specifically amended herein, the common law of this state remains unchanged as it relates to providing employment information on present and former employees. (3) This section shall apply only to causes of action accruing on and after July 30, 1999.

(1) This section does not require any prospective employer to request employment history on a prospective employee and does not require any current or former employer to disclose employment history to any prospective employer.

(2) Except as specifically amended herein, the common law of this state remains unchanged as it relates to providing employment information on present and former employees.

(3) This section shall apply only to causes of action accruing on and after July 30, 1999.

(e) The immunity conferred by this section shall not apply when an employer or prospective employer discriminates or retaliates against an employee because the employee or the prospective employee has exercised or is believed to have exercised any federal or state statutory right or undertaken any action encouraged by the public policy of this state.

Amended by Act 2015, No. 949,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1039,§ 1, eff. 8/16/2013.

Acts 1999, No. 1474, §§ 1-5.
Ark. Code Ann. § 11-7-404 — AR Code / Title 11 / Chapter 7 / Subchapter 4 / Section 11-7-404
Fire bosses, mine foremen, etc. - Certificate - Grades
Status: in_force

(a) (1) The Director of the Division of Labor shall grant certificates after examination by the Division of Labor or a determination by the division that the testing requirements have been satisfied in another jurisdiction. (2) The certificates shall be granted to all applicants who through these testing procedures have shown themselves to be familiar with the duties of the position for which they desire certificates and are capable of performing the duties. (3) Certificates of the first grade shall be granted only to applicants who by oral or written examinations in the presence of and relating to explosive gas have shown themselves competent to act as mine foremen in mines which generate explosive and noxious gases, and the certificate shall so state. (4) Certificates for mine inspector and assistant mine inspector shall be granted only to applicants who have shown themselves duly qualified, as provided by the law creating the office, and no appointments shall be made to these offices unless the appointee shall hold a certificate. (b) (1) Anyone holding a first grade foreman's certificate may serve as a foreman in any mine and may serve as fire boss. (2) Anyone holding a second grade mine foreman's certificate may serve as any of the above, except as fire boss and foreman in mines which generate explosive or noxious gases. (3) (A) In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss. (B) If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked. Amended by Act 2019, No. 910,§ 5350, eff. 7/1/2019. Amended by Act 2017, No. 266,§ 3, eff. 8/1/2017. Acts 1919, No. 486, §§ 4, 5; C. & M. Dig., §§ 7320, 7321; Pope's Dig., §§ 9376, 9377; Acts 1949, No. 268, § 9; A.S.A. 1947, §§ 52-504, 52-505; Acts 2003, No. 358, § 2.

(a) (1) The Director of the Division of Labor shall grant certificates after examination by the Division of Labor or a determination by the division that the testing requirements have been satisfied in another jurisdiction. (2) The certificates shall be granted to all applicants who through these testing procedures have shown themselves to be familiar with the duties of the position for which they desire certificates and are capable of performing the duties. (3) Certificates of the first grade shall be granted only to applicants who by oral or written examinations in the presence of and relating to explosive gas have shown themselves competent to act as mine foremen in mines which generate explosive and noxious gases, and the certificate shall so state. (4) Certificates for mine inspector and assistant mine inspector shall be granted only to applicants who have shown themselves duly qualified, as provided by the law creating the office, and no appointments shall be made to these offices unless the appointee shall hold a certificate.

(1) The Director of the Division of Labor shall grant certificates after examination by the Division of Labor or a determination by the division that the testing requirements have been satisfied in another jurisdiction.

(2) The certificates shall be granted to all applicants who through these testing procedures have shown themselves to be familiar with the duties of the position for which they desire certificates and are capable of performing the duties.

(3) Certificates of the first grade shall be granted only to applicants who by oral or written examinations in the presence of and relating to explosive gas have shown themselves competent to act as mine foremen in mines which generate explosive and noxious gases, and the certificate shall so state.

(4) Certificates for mine inspector and assistant mine inspector shall be granted only to applicants who have shown themselves duly qualified, as provided by the law creating the office, and no appointments shall be made to these offices unless the appointee shall hold a certificate.

(b) (1) Anyone holding a first grade foreman's certificate may serve as a foreman in any mine and may serve as fire boss. (2) Anyone holding a second grade mine foreman's certificate may serve as any of the above, except as fire boss and foreman in mines which generate explosive or noxious gases. (3) (A) In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss. (B) If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked.

(1) Anyone holding a first grade foreman's certificate may serve as a foreman in any mine and may serve as fire boss.

(2) Anyone holding a second grade mine foreman's certificate may serve as any of the above, except as fire boss and foreman in mines which generate explosive or noxious gases.

(3) (A) In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss. (B) If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked.

(A) In case of emergency, a mine owner, with consent of the director, may employ a trustworthy or experienced man or woman who does not possess a certificate, for a period of not more than thirty (30) days as mine foreman or fire boss.

(B) If the holder of a permit fails to qualify after thirty (30) days, his or her permit shall be revoked.

Amended by Act 2019, No. 910,§ 5350, eff. 7/1/2019.

Amended by Act 2017, No. 266,§ 3, eff. 8/1/2017.

Acts 1919, No. 486, §§ 4, 5; C. & M. Dig., §§ 7320, 7321; Pope's Dig., §§ 9376, 9377; Acts 1949, No. 268, § 9; A.S.A. 1947, §§ 52-504, 52-505; Acts 2003, No. 358, § 2.
Ark. Code Ann. § 11-9-118 — AR Code / Title 11 / Chapter 9 / Subchapter 1 / Section 11-9-118
Provider payments while claims are pending
Status: in_force

(a) No hospital, physician, or other healthcare provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make the payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or healthcare provider has received actual notice given in writing by the employee or the employee's representative. Actual notice shall be deemed received by the hospital, physician, or healthcare provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or healthcare provider. (b) The notice shall include: (1) The name of the employer; (2) The name of the insurer, if known; (3) The name of the employee receiving the services; (4) The general nature of the injury, if known; and (5) Where a claim has been filed, the claim number, if known. (c) When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other healthcare provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other healthcare provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers' Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed. (d) This section shall not avoid, modify, or amend any other section or subsection of this chapter, including, but not limited to, the prohibition against balance billing contained in § 11-9-508(d)(3) and any rules adopted thereunder. (e) An order by the commission pursuant to this section shall stay all proceedings for collection. Amended by Act 2019, No. 315,§ 776, eff. 7/24/2019. Acts 2001, No. 1281, § 3.

(a) No hospital, physician, or other healthcare provider shall bill or attempt to collect any fee or any portion of a fee for services rendered to an employee due to a work-related injury or report to any credit reporting agency any failure of the employee to make the payment, when a claim for compensation has been filed under this chapter and the hospital, physician, or healthcare provider has received actual notice given in writing by the employee or the employee's representative. Actual notice shall be deemed received by the hospital, physician, or healthcare provider five (5) days after mailing by certified mail by the employee or his or her representative to the hospital, physician, or healthcare provider.

(b) The notice shall include: (1) The name of the employer; (2) The name of the insurer, if known; (3) The name of the employee receiving the services; (4) The general nature of the injury, if known; and (5) Where a claim has been filed, the claim number, if known.

(1) The name of the employer;

(2) The name of the insurer, if known;

(3) The name of the employee receiving the services;

(4) The general nature of the injury, if known; and

(5) Where a claim has been filed, the claim number, if known.

(c) When an injury or bill is found to be noncompensable under this chapter, the hospital, physician, or other healthcare provider shall be entitled to pursue the employee for any unpaid portion of the fee or other charges for authorized services provided to the employee. Any applicable statute of limitations for an action for the fees or other charges shall be tolled from the time notice is given to the hospital, physician, or other healthcare provider until a determination of noncompensability in regard to the injury which is the basis of the services is made, or in the event that there is an appeal to the Workers' Compensation Commission, the Court of Appeals, or the Supreme Court, until a final determination of noncompensability is rendered and all appeal deadlines have passed.

(d) This section shall not avoid, modify, or amend any other section or subsection of this chapter, including, but not limited to, the prohibition against balance billing contained in § 11-9-508(d)(3) and any rules adopted thereunder.

(e) An order by the commission pursuant to this section shall stay all proceedings for collection.

Amended by Act 2019, No. 315,§ 776, eff. 7/24/2019.

Acts 2001, No. 1281, § 3.
Ark. Code Ann. § 11-9-205 — AR Code / Title 11 / Chapter 9 / Subchapter 2 / Section 11-9-205
Administration of chapter - Staff and expenditures
Status: in_force

(a) (1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized: (A) To make such rules as may be found necessary; (B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of clerical assistants and other officers and employees; and (C) To make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary. (2) (A) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) days' notice of its intended action. (B) The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon. (C) The notice shall be mailed to any person specified by law or who shall have requested advance notice of rulemaking proceedings. (3) The commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the commission in its discretion shall so direct, oral testimony or argument. (4) Each rule or form adopted by the commission shall be effective twenty (20) days after adoption unless a later date is specified by law or in the rule itself. (5) All expenditures of the commission in the administration of this chapter shall be allowed and paid from the Workers' Compensation Fund upon the presentation of itemized vouchers approved by the commission. (b) (1) The commission may appoint as many persons as may be necessary to be administrative law judges and in addition may appoint such examiners, rate experts, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this chapter, provided that the appointment of all rate experts shall be made by the Secretary of the Department of Labor and Licensing, whose duty it is to approve the rates charged. (2) Rate experts shall be considered employees of the commission and the Department of Labor and Licensing and shall be paid from the Workers' Compensation Fund. (3) Employees appointed pursuant to this subsection shall receive an annual salary to be fixed by the commission within the appropriation made therefor. (c) It shall be the duty of an administrative law judge, under the rules adopted by the commission, to hear and determine claims for compensation and to conduct hearings and investigations and to make such orders, decisions, and determinations as may be required by any rule or order of the commission. Amended by Act 2019, No. 315,§ 779, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 778, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 777, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5357, eff. 7/1/2019. Init. Meas. 1948, No. 4, §§ 42, 44, Acts 1949, p. 1420; 1975, No. 655, § 1; 1986 (2nd Ex. Sess.), No. 10, § 13; A.S.A. 1947, §§ 81-1342, 81-1344.

(a) (1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized: (A) To make such rules as may be found necessary; (B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of clerical assistants and other officers and employees; and (C) To make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary. (2) (A) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) days' notice of its intended action. (B) The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon. (C) The notice shall be mailed to any person specified by law or who shall have requested advance notice of rulemaking proceedings. (3) The commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the commission in its discretion shall so direct, oral testimony or argument. (4) Each rule or form adopted by the commission shall be effective twenty (20) days after adoption unless a later date is specified by law or in the rule itself. (5) All expenditures of the commission in the administration of this chapter shall be allowed and paid from the Workers' Compensation Fund upon the presentation of itemized vouchers approved by the commission.

(1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized: (A) To make such rules as may be found necessary; (B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of clerical assistants and other officers and employees; and (C) To make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary.

(A) To make such rules as may be found necessary;

(B) To appoint and fix the compensation of temporary technical assistants and medical and legal advisers and to appoint and to fix the compensation of clerical assistants and other officers and employees; and

(C) To make such expenditures, including those for personal service, rent, books, periodicals, office equipment, and supplies, and for printing and binding as may be necessary.

(2) (A) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) days' notice of its intended action. (B) The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon. (C) The notice shall be mailed to any person specified by law or who shall have requested advance notice of rulemaking proceedings.

(A) Prior to the adoption, prescription, amendment, modification, or repeal of any rule or form, the commission shall give at least forty-five (45) days' notice of its intended action.

(B) The notice shall include a statement of the terms or substance of the intended action or description of the subjects and issues involved, and the time, place, and manner in which interested persons may present their views thereon.

(C) The notice shall be mailed to any person specified by law or who shall have requested advance notice of rulemaking proceedings.

(3) The commission shall afford all interested persons a reasonable opportunity to submit written data, views, or arguments, and, if the commission in its discretion shall so direct, oral testimony or argument.

(4) Each rule or form adopted by the commission shall be effective twenty (20) days after adoption unless a later date is specified by law or in the rule itself.

(5) All expenditures of the commission in the administration of this chapter shall be allowed and paid from the Workers' Compensation Fund upon the presentation of itemized vouchers approved by the commission.

(b) (1) The commission may appoint as many persons as may be necessary to be administrative law judges and in addition may appoint such examiners, rate experts, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this chapter, provided that the appointment of all rate experts shall be made by the Secretary of the Department of Labor and Licensing, whose duty it is to approve the rates charged. (2) Rate experts shall be considered employees of the commission and the Department of Labor and Licensing and shall be paid from the Workers' Compensation Fund. (3) Employees appointed pursuant to this subsection shall receive an annual salary to be fixed by the commission within the appropriation made therefor.

(1) The commission may appoint as many persons as may be necessary to be administrative law judges and in addition may appoint such examiners, rate experts, investigators, medical examiners, clerks, and other employees as it deems necessary to effectuate the provisions of this chapter, provided that the appointment of all rate experts shall be made by the Secretary of the Department of Labor and Licensing, whose duty it is to approve the rates charged.

(2) Rate experts shall be considered employees of the commission and the Department of Labor and Licensing and shall be paid from the Workers' Compensation Fund.

(3) Employees appointed pursuant to this subsection shall receive an annual salary to be fixed by the commission within the appropriation made therefor.

(c) It shall be the duty of an administrative law judge, under the rules adopted by the commission, to hear and determine claims for compensation and to conduct hearings and investigations and to make such orders, decisions, and determinations as may be required by any rule or order of the commission.

Amended by Act 2019, No. 315,§ 779, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 778, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 777, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5357, eff. 7/1/2019.

Init. Meas. 1948, No. 4, §§ 42, 44, Acts 1949, p. 1420; 1975, No. 655, § 1; 1986 (2nd Ex. Sess.), No. 10, § 13; A.S.A. 1947, §§ 81-1342, 81-1344.
Ark. Code Ann. § 11-9-501 — AR Code / Title 11 / Chapter 9 / Subchapter 5 / Section 11-9-501
Limitations on compensation - Death and disability
Status: in_force

(a) (1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury. (2) If a disability extends beyond that period, compensation shall commence with the ninth day of disability. (3) If a disability extends for a period of two (2) weeks, compensation shall be allowed beginning the first day of disability, excluding the day of injury. (b) Compensation payable to an injured employee for disability, other than permanent partial disability as specified in subsection (d) of this section, and compensation payable to surviving dependents of a deceased employee, the total disability rate shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage with a twenty dollar ($20.00) per week minimum, subject to the following maximums: (1) For disability or death due to an injury occurring on and after July 1, 1987, through December 31, 1988, the maximum weekly benefits payable shall be one hundred eighty-nine dollars ($189); (2) For disability or death due to an injury occurring on and after January 1, 1989, through December 31, 1989, the maximum weekly benefits payable shall be sixty-six and two-thirds percent (662/3%) of the state average weekly wage; (3) For a disability or death which results from an injury occurring on and after January 1, 1990, the maximum weekly benefit payable shall be seventy percent (70%) of the state average weekly wage; (4) For a disability or death which results from an injury occurring during a calendar year beginning on or after January 1, 1996, the maximum weekly benefit payable shall be eighty-five percent (85%) of the state average weekly wage if, and only if, the Insurance Commissioner certifies to the Workers' Compensation Commission during December 1995, that the overall workers' compensation insurance rates for Arkansas have decreased by at least ten percent (10%) subsequent to July 1, 1993; (5) After January 1, 1994, the weekly benefit rate shall be rounded to the nearest whole dollar, i.e., if the actual rate be a dollar amount plus forty-nine cents (49¢) or less, the rate for compensation purposes shall be the next lower whole dollar amount, and, if the actual rate be a dollar amount plus fifty cents (50¢) or more, then the rate for compensation purposes shall be the next higher whole dollar amount. (c) (1) Upon request of the respondent or carrier, the commission shall review the claim and determine the necessity for additional temporary total benefits after forty (40) weeks or after any thirteen-week interval thereafter and may, if warranted by the preponderance of the evidence on the basis of the record as a whole, extend the period of payment for temporary total disability. (2) Any weekly benefit payments made after the commission has terminated temporary total benefits shall be classified as warranted by the facts in the case and as otherwise provided for in this chapter. (d) (1) The permanent partial disability rate for compensation payable to an employee for permanent partial disability which results from an injury occurring on or after July 1, 1986, shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage, with a twenty-dollar-per-week minimum, subject to a maximum of one hundred fifty-four dollars ($154). However, if the employee's total disability rate for the injury would be two hundred five dollars and thirty-five cents ($205.35) per week or greater, then the maximum permanent partial disability rate shall be seventy-five percent (75%) of the employee's total disability rate. (2) (A) The permanent partial disability rate provided herein shall also apply to scheduled permanent injuries except those resulting in amputation or permanent total loss of use of a member. (B) The permanent partial disability rate for amputation or permanent total loss of use of a member shall be the same as the employee's total disability rate as specified in subsection (b) of this section, subject to the maximum as set forth in subdivision (b)(4) of this section. (3) The provisions of this subsection shall apply only to those injuries which occur on or after January 1, 1996. (e) Compensation payable to the dependents of a deceased employee shall be in addition to the funeral allowance and those benefits which were paid or to which the injured employee was entitled in his or her lifetime under §§ 11-9-508 - 11-9-517 and §§ 11-9-519 - 11-9-526 . Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1973, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1227, § 4; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 4; Acts 1993, No. 796, § 15; Acts 1995, No. 129, § 1; 1995, No. 1144, §§ 1, 2.

(a) (1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury. (2) If a disability extends beyond that period, compensation shall commence with the ninth day of disability. (3) If a disability extends for a period of two (2) weeks, compensation shall be allowed beginning the first day of disability, excluding the day of injury.

(1) Compensation to the injured employee shall not be allowed for the first seven (7) days' disability resulting from injury, excluding the day of injury.

(2) If a disability extends beyond that period, compensation shall commence with the ninth day of disability.

(3) If a disability extends for a period of two (2) weeks, compensation shall be allowed beginning the first day of disability, excluding the day of injury.

(b) Compensation payable to an injured employee for disability, other than permanent partial disability as specified in subsection (d) of this section, and compensation payable to surviving dependents of a deceased employee, the total disability rate shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage with a twenty dollar ($20.00) per week minimum, subject to the following maximums: (1) For disability or death due to an injury occurring on and after July 1, 1987, through December 31, 1988, the maximum weekly benefits payable shall be one hundred eighty-nine dollars ($189); (2) For disability or death due to an injury occurring on and after January 1, 1989, through December 31, 1989, the maximum weekly benefits payable shall be sixty-six and two-thirds percent (662/3%) of the state average weekly wage; (3) For a disability or death which results from an injury occurring on and after January 1, 1990, the maximum weekly benefit payable shall be seventy percent (70%) of the state average weekly wage; (4) For a disability or death which results from an injury occurring during a calendar year beginning on or after January 1, 1996, the maximum weekly benefit payable shall be eighty-five percent (85%) of the state average weekly wage if, and only if, the Insurance Commissioner certifies to the Workers' Compensation Commission during December 1995, that the overall workers' compensation insurance rates for Arkansas have decreased by at least ten percent (10%) subsequent to July 1, 1993; (5) After January 1, 1994, the weekly benefit rate shall be rounded to the nearest whole dollar, i.e., if the actual rate be a dollar amount plus forty-nine cents (49¢) or less, the rate for compensation purposes shall be the next lower whole dollar amount, and, if the actual rate be a dollar amount plus fifty cents (50¢) or more, then the rate for compensation purposes shall be the next higher whole dollar amount.

(1) For disability or death due to an injury occurring on and after July 1, 1987, through December 31, 1988, the maximum weekly benefits payable shall be one hundred eighty-nine dollars ($189);

(2) For disability or death due to an injury occurring on and after January 1, 1989, through December 31, 1989, the maximum weekly benefits payable shall be sixty-six and two-thirds percent (662/3%) of the state average weekly wage;

(3) For a disability or death which results from an injury occurring on and after January 1, 1990, the maximum weekly benefit payable shall be seventy percent (70%) of the state average weekly wage;

(4) For a disability or death which results from an injury occurring during a calendar year beginning on or after January 1, 1996, the maximum weekly benefit payable shall be eighty-five percent (85%) of the state average weekly wage if, and only if, the Insurance Commissioner certifies to the Workers' Compensation Commission during December 1995, that the overall workers' compensation insurance rates for Arkansas have decreased by at least ten percent (10%) subsequent to July 1, 1993;

(5) After January 1, 1994, the weekly benefit rate shall be rounded to the nearest whole dollar, i.e., if the actual rate be a dollar amount plus forty-nine cents (49¢) or less, the rate for compensation purposes shall be the next lower whole dollar amount, and, if the actual rate be a dollar amount plus fifty cents (50¢) or more, then the rate for compensation purposes shall be the next higher whole dollar amount.

(c) (1) Upon request of the respondent or carrier, the commission shall review the claim and determine the necessity for additional temporary total benefits after forty (40) weeks or after any thirteen-week interval thereafter and may, if warranted by the preponderance of the evidence on the basis of the record as a whole, extend the period of payment for temporary total disability. (2) Any weekly benefit payments made after the commission has terminated temporary total benefits shall be classified as warranted by the facts in the case and as otherwise provided for in this chapter.

(1) Upon request of the respondent or carrier, the commission shall review the claim and determine the necessity for additional temporary total benefits after forty (40) weeks or after any thirteen-week interval thereafter and may, if warranted by the preponderance of the evidence on the basis of the record as a whole, extend the period of payment for temporary total disability.

(2) Any weekly benefit payments made after the commission has terminated temporary total benefits shall be classified as warranted by the facts in the case and as otherwise provided for in this chapter.

(d) (1) The permanent partial disability rate for compensation payable to an employee for permanent partial disability which results from an injury occurring on or after July 1, 1986, shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage, with a twenty-dollar-per-week minimum, subject to a maximum of one hundred fifty-four dollars ($154). However, if the employee's total disability rate for the injury would be two hundred five dollars and thirty-five cents ($205.35) per week or greater, then the maximum permanent partial disability rate shall be seventy-five percent (75%) of the employee's total disability rate. (2) (A) The permanent partial disability rate provided herein shall also apply to scheduled permanent injuries except those resulting in amputation or permanent total loss of use of a member. (B) The permanent partial disability rate for amputation or permanent total loss of use of a member shall be the same as the employee's total disability rate as specified in subsection (b) of this section, subject to the maximum as set forth in subdivision (b)(4) of this section. (3) The provisions of this subsection shall apply only to those injuries which occur on or after January 1, 1996.

(1) The permanent partial disability rate for compensation payable to an employee for permanent partial disability which results from an injury occurring on or after July 1, 1986, shall not exceed sixty-six and two-thirds percent (662/3%) of the employee's average weekly wage, with a twenty-dollar-per-week minimum, subject to a maximum of one hundred fifty-four dollars ($154). However, if the employee's total disability rate for the injury would be two hundred five dollars and thirty-five cents ($205.35) per week or greater, then the maximum permanent partial disability rate shall be seventy-five percent (75%) of the employee's total disability rate.

(2) (A) The permanent partial disability rate provided herein shall also apply to scheduled permanent injuries except those resulting in amputation or permanent total loss of use of a member. (B) The permanent partial disability rate for amputation or permanent total loss of use of a member shall be the same as the employee's total disability rate as specified in subsection (b) of this section, subject to the maximum as set forth in subdivision (b)(4) of this section.

(A) The permanent partial disability rate provided herein shall also apply to scheduled permanent injuries except those resulting in amputation or permanent total loss of use of a member.

(B) The permanent partial disability rate for amputation or permanent total loss of use of a member shall be the same as the employee's total disability rate as specified in subsection (b) of this section, subject to the maximum as set forth in subdivision (b)(4) of this section.

(3) The provisions of this subsection shall apply only to those injuries which occur on or after January 1, 1996.

(e) Compensation payable to the dependents of a deceased employee shall be in addition to the funeral allowance and those benefits which were paid or to which the injured employee was entitled in his or her lifetime under §§ 11-9-508 - 11-9-517 and §§ 11-9-519 - 11-9-526 .

Init. Meas. 1948, No. 4, § 10, Acts 1949, p. 1420; Init. Meas. 1956, No. 1, § 1, Acts 1957; Init. Meas. 1968, No. 1, § 1, Acts 1969; Acts 1973, No. 221, § 1; 1975 (Extended Sess., 1976), No. 1227, § 4; 1979, No. 253, § 2; 1981, No. 290, § 2; 1986 (2nd Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 81-1310; reen. Acts 1987, No. 1015, § 4; Acts 1993, No. 796, § 15; Acts 1995, No. 129, § 1; 1995, No. 1144, §§ 1, 2.