reglab/housing_qa huggingface dataset:
AR Code § 11-9-205 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-205. Administration of chapter — Staff and expenditures

 (a)  (1) For the purpose of administering the provisions of this chapter, the Workers' Compensation Commission is authorized:  (A) To make such rules 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.
AR Code § 11-9-206 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-206. Traveling expenses for members and employees

 Any member or employee of the Workers' Compensation Commission shall be entitled to receive his or her necessary traveling expenses actually incurred and for subsistence while traveling on official business and away from his or her designated station. The expenses shall be certified by the person who incurred them and shall be allowed and paid upon presentation of vouchers approved by the commission.
AR Code § 11-9-207 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-207. Powers and duties

 (a) In addition to its other duties and powers, the Workers' Compensation Commission is given and granted full power and authority:  (1) To hear and determine all claims for compensation, including claims based upon injuries which occurred outside the State of Arkansas for which compensation is payable under this chapter;  (2) To require and order medical services for and examinations of injured employees and to employ special medical examiners and advisors who shall be paid not to exceed twenty-five dollars ($25.00) per day and reasonable traveling expenses;  (3) To approve claims for medical services and attorney's fees;  (4) To excuse failure to give notice either of injury or death of any employee;  (5) To approve agreements, make, modify, or rescind awards, and make and enter findings of fact and rulings of law;  (6) To enter orders in appealed cases;  (7) To determine the time for the payment of compensation and order the reimbursement of employers for amounts advanced;  (8) To assess penalties;  (9) To prescribe rules governing the representation of employees, employers, and carriers in respect to claims before the commission;  (10) To issue subpoenas, administer oaths, and take testimony, by deposition or otherwise;  (11) To make surveys and to determine the existence and prevalence of occupational disease hazards within this state, to determine the measures necessary to eliminate or reduce these hazards, and to add to the schedule of occupational diseases subject to appropriate conditions and after public hearing;  (12) To make available all records in connection with all cases of personal injury to the Secretary of the Department of Labor and Licensing. The secretary may propose rules for the prevention of injuries and transmit the rules to the commission. The commission may recommend proposed rules for prevention of injuries to the secretary;  (13) To have and exercise all other powers and duties conferred or imposed by this chapter; and  (14) To transfer the excess of income over expenses from the commission's annual educational conference to Kids' Chance of Arkansas, Inc., a nonprofit charitable organization designed to provide scholarships to children of workers who have been killed or become permanently and totally disabled from a compensable injury, including any accumulation from prior years' conferences.    (b)  (1) In addition to the other powers and duties granted to the commission in this section and otherwise provided by law, the commission is authorized to establish and impose reasonable fees to recover the cost of preparation of various informative materials distributed by the commission.  (2) The fees shall be established by rule of the commission.  (3) Funds derived from fees shall be deposited into the Workers' Compensation Fund to be used to defray expenses incurred in preparation and distribution of materials.
AR Code § 11-9-208 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-208. Biennial report

 On or before the first day of the regular session of the General Assembly, the Workers' Compensation Commission under the authority of at least two (2) of its members shall make to the Governor and to the General Assembly a report of the administration of this chapter for the preceding biennial period, together with such recommendations as the commission may deem advisable.
AR Code § 11-9-209 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-209. Statistical data collection

 (a) The Workers' Compensation Commission shall publish annually, on an aggregate basis, information pertaining to the distribution of workers' compensation insurance premiums, losses, expenses, and net income to be compiled from reports required to be filed with the Secretary of the Department of Labor and Licensing pursuant to § 23-63-216, as amended, or any similar information required to be filed by the secretary regarding workers' compensation insurance.  (b) The commission shall also publish in that same annual report information regarding aggregate workers' compensation benefit distribution to claimants, medical providers, and attorneys if that specific information or similar information becomes available from revised or additional reporting requirements that may be required by the secretary.
AR Code § 11-9-210 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 2 - Workers' Compensation Commission|§ 11-9-210. Purchase of annuity contracts — Funding of Death and Permanent Total Disability Trust Fund obligations

 (a)  (1) The Workers' Compensation Commission is hereby authorized to fund financial obligations of the Death and Permanent Total Disability Trust Fund through the purchase of structured annuity contracts. Provided, the commission shall purchase such annuity contracts only when the commission determines that it is financially advantageous to the trust fund involved.  (2) Structured annuity contracts shall be purchased only from insurance companies:  (A) Licensed to do business in Arkansas and authorized to write annuities as regulated by the State Insurance Department;  (B) Experienced in the business of writing and administering structured annuities;  (C) Determined to be financially sound and having an A.M. Best rating of A+ and category size VIII or greater, or equivalent independent industry rating; and  (D) Be rated AA+ or better by Standard and Poor's, Moody's, or an equivalent rating by an equivalent rating service.    (3) Structured annuity contracts purchased by the commission shall:  (A) Include a separate contract for each claimant or beneficiary covered;  (B) Require that the payments to the claimant or beneficiary be sent to the commission so that it can maintain administrative control over the payments, and the commission will distribute the payments in full to the claimants or beneficiaries; and  (C) Provide for return of principal to the appropriate fund in the event that the obligations of the Death and Permanent Total Disability Trust Fund to any claimant or beneficiary cease prior to the end of the period certain guarantee in the contract.      (b) The commission shall adopt such appropriate rules consistent with the provisions of this section, § 23-96-104(16) and (25), and § 23-96-114(f) and (g) as it deems necessary to enable it to efficiently and effectively administer the provisions of this section, § 23-96-104(16) and (25), and § 23-96-114(f) and (g) and any structured annuity arrangement it may enter into pursuant to the authority granted herein.
AR Code § 11-9-301 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-301. Funds established

 (a) There are established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State, three (3) separate funds:  (1) The “Workers' Compensation Fund”;  (2) The “Second Injury Trust Fund”; and  (3) The “Death and Permanent Total Disability Trust Fund”.    (b) Except for funds transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, no money shall be appropriated from these funds for any purpose except for the use and benefit, or at the direction of, the Workers' Compensation Commission.  (c) All funds established pursuant to this section shall be administered, disbursed, and invested under the direction of the commission.  (d) All incomes derived through investment of the Workers' Compensation Fund, the Second Injury Trust Fund, and the Death and Permanent Total Disability Trust Fund shall be credited, as investment income, to the fund that participated in the investment. For the purpose of investment, Workers' Compensation Fund moneys shall be invested in accordance with the State Treasury Management Law, § 19-3-501 et seq.  (e) Except for moneys transferred into the General Revenue Fund Account specified in § 11-9-303(c) or other sections of this subchapter, all moneys deposited to the aforementioned funds shall not be subject to any deduction, tax, levy, or any other type of assessment.  (f) If, on or after July 1, 1983, the balance in the Second Injury Trust Fund becomes insufficient to fully compensate those employees to whom it is obligated, payment shall be suspended until such time as the Second Injury Trust Fund is capable of meeting its obligations, paying all arrearages, and restoring normal benefit payments. In no event shall there be any reverter of responsibility to the employer or carrier on or after July 1, 1983.  (g)  (1) Upon the effective maturity dates of each investment, the investment shall be transferred to the Treasurer of State for deposit into the Death and Permanent Total Disability Trust Fund created in this section.  (2) The free balances of the Death and Permanent Total Disability Bank Fund shall be transferred to the Death and Permanent Total Disability Trust Fund.
AR Code § 11-9-302 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-302. Qualifying fees for carriers, third-party administrators, and self-insurers

 (a) Each carrier writing compensation insurance in this state shall pay to the Insurance Commissioner, in addition to the premium taxes and fees now required under existing laws, at the time of securing the first license to transact business in the state the sum of five hundred dollars ($500) for the privilege of qualifying with the Workers' Compensation Commission for the writing of compensation insurance.  (b) At the time of qualifying, each self-insurer or third-party administrator shall pay to the commission the sum of one hundred dollars ($100) for the privilege of qualifying as a self-insurer or third-party administrator.  (c) All carriers, self-insurers, or third-party administrators qualifying under the provisions of this chapter shall be required to pay this initial assessment before they shall be qualified.  (d) These fees shall be deposited into the Workers' Compensation Fund created in § 11-9-301.  (e) The commission may assess a third-party administrator an annual fee of one hundred dollars ($100).
AR Code § 11-9-303 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-303. Payment of tax by carrier — Definition

 (a)  (1) In addition to the premium taxes collected from carriers, the carriers shall pay annually to the Workers' Compensation Commission a tax, at the rate to be determined as provided in § 11-9-306 but not to exceed three percent (3%), on all written manual premiums resulting from the writing of workers' compensation insurance on risks within the state.  (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).    (b) “Written manual premium” means premium produced in a given year by the manual rates in effect during the experience period and shall exclude the premium produced by the expense constant. Furthermore, “written manual premium”, for the purpose of this chapter, means premium before any allowable deviated discounts, any experience rating modification, any premium discount, any reinsurance or deductible arrangement as common with fronting carriers, any dividend consideration, or other trade discount.  (c)  (1) This tax shall be collected by the commission from the carriers at the same time and in the same manner as insurance premium taxes under § 26-57-601 et seq. and deposited into the funds created in § 11-9-301.  (2) This transfer from the funds created in § 11-9-301 shall be in the same proportions that deposits were made into the three (3) funds as set forth in § 11-9-306(a)-(c).    (d)  (1) Assessments upon which premium taxes are based shall be made on forms prescribed by the commission and shall be paid to the commission.  (2) Absent a waiver obtained from the commission for good cause, the failure of the licensed carrier to pay the assessment when due shall be referred to the Insurance Commissioner for appropriate administrative action against the Arkansas certificate of authority of the delinquent insurer.    (e) Premium tax payments shall be made by check payable to the commission.
AR Code § 11-9-304 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-304. Payment of tax by self-insurer

 (a)  (1) The Workers' Compensation Commission shall collect a tax from every self-insured employer at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which would have to be paid under § 11-9-303 by a carrier if the self-insured employer were insured by a carrier.  (2) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund pursuant to § 11-9-502, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).    (b) If the tax provided for under this section is not paid within thirty (30) days of the date provided in § 11-9-306, there shall be assessed a penalty for each thirty (30) days the amount so assessed remains unpaid which is equal to ten percent (10%) of the unpaid amounts and which shall be collected at the same time as a part of the tax assessed.
AR Code § 11-9-305 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-305. Payment of tax by public employer

 (a)  (1)  (A) The Workers' Compensation Commission shall collect a tax from every public employer providing workers' compensation coverage to its employees at a rate to be determined as provided by § 11-9-306 but not to exceed three percent (3%) of the written manual premium which an insurance carrier would have to pay under § 11-9-303 if the public employer were insured by a carrier.  (B) Upon the final payment of the liabilities of the Death and Permanent Total Disability Trust Fund under § 11-9-502, the tax rate under this section shall not exceed one and five-tenths percent (1.5%).    (2)  (A) The commission shall tabulate and collect the tax to be collected from entities whose workers' compensation claims are administered by the Public Employee Claims Division.  (B) In tabulating the manual premium, a public employer whose workers' compensation claims are administered by the division shall use the average compensation rate for this state as promulgated by the National Council on Compensation Insurance, Inc. for the tax year in question.    (3) The tax collected shall be deposited in and paid to the commission from the Workers' Compensation Revolving Fund and miscellaneous revolving funds.    (b)  (1) In the event that any public employer whose workers' compensation claims are administered by the division fails to cooperate in furnishing information upon which the tax will be computed or fails to pay the tax within thirty (30) days of the date provided in § 11-9-306, the commission shall notify the Director of the Public Employee Claims Division of the failure, and the commission shall decertify the public employer from participation in the state's workers' compensation program.  (2) In the event of decertification, the public employer shall obtain its employer's workers' compensation liability coverage from the private market and shall not be entitled to participate in the state's workers' compensation program for a period of one (1) year thereafter.    (c) The procedure for decertification shall be the same as for the revocation or termination of the self-insurer privilege.
AR Code § 11-9-307 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 3 - Funds — Taxes and Fees|§ 11-9-307. Certification of cost of administering Public Employee Claims Division

 (a) During the biennial period beginning July 1, 1989, and thereafter, the State Insurance Department shall certify to the Chief Fiscal Officer of the State the cost of administering the Public Employee Claims Division.  (b) The certification shall be made the month following each quarter of the fiscal year and shall include a report of the expenditures of the division for workers' compensation claims paid on behalf of the cities, the counties, and the public schools, each of the three (3) reported as a class of employers, and each state agency supported from treasury funds or fund accounts.  (c) After the certification has been received and approved by the Chief Fiscal Officer of the State, the Chief Fiscal Officer of the State shall transfer funds from the Public School Fund, the Municipal Aid Fund, the County Aid Fund, and from the various treasury funds of state agencies to the Miscellaneous Agencies Fund Account.  (d) The transfers shall be made in the same proportion that payments were made in behalf of that entity for workers' compensation claims in the prior quarter as certified by the department.  (e) The amount transferred shall be the proportional cost associated with the fund as certified to and approved by the Chief Fiscal Officer of the State.  (f) Should a state agency be supported from more than one (1) treasury fund, the fund transfers from that agency shall be in the same proportion that appropriations were made to that agency for regular salaries from the respective funds.
AR Code § 11-9-401 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 4 - Employer Liability — Insurance|§ 11-9-401. Employer's liability for compensation

 (a)  (1) Every employer should secure compensation to its employees and pay or provide compensation for their disability or death from compensable injury arising out of and in the course of employment without regard to fault as a cause of the injury.  (2) There shall be no liability for compensation under this chapter where the injury or death was substantially occasioned by the willful intention of the injured employee to bring about such compensable injury or death.    (b) The primary obligation to pay compensation is upon the employer, and the procurement of a policy of insurance by an employer to cover the obligation in respect to this chapter shall not relieve the employer of the obligation.
AR Code § 11-9-403 (2020)
2020 Arkansas Code|Title 11 - Labor and Industrial Relations|Chapter 9 - Workers' Compensation|Subchapter 4 - Employer Liability — Insurance|§ 11-9-403. Waiver of exclusion or exemption

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