Arkansas Administrative Code › Agency 010 - Department of Labor › Division 02 - Employment Security Division › Rule 010.02.05-001 - Regulation 15 - NOTICE OF CLAIMS FILED AND BENEFITS CHARGED, EMPLOYER RESPONSE, AND NONCHARGE RIGHTS

Current through Register Vol. 49, No. 6, June, 2024
REGULATION NO.
			 15
NOTICE OF CLAIMS FILED AND BENEFITS CHARGED,
				EMPLOYER RESPONSE, AND NONCHARGE RIGHTS
This regulation is hereby amended, promulgated and adopted by
				the Director of the Arkansas Employment Security Department, pursuant to
				Arkansas Code
				11-10-521,
				11-10-522,
				11-10-703,
				11-10-707,
				11-10-318,
				and
				11-10-313
				to read as follows:
(A) Notice of an
			 initial or additional claim filed shall be mailed or otherwise provided by the
			 Employment Security Department to the employing unit known to the claimant as
			 his last employer. This notice shall request that the employer immediately
			 furnish pertinent information to the Employment Security Department. The last
			 employer shall have seven (7) days from the date the notice was mailed or
			 otherwise provided by the Employment Security Department to file his response.
			 If mailed, a response shall be considered to have been filed as of the date of
			 the postmark on the envelope. Provided that if it is determined by the Director
			 of the Arkansas Employment Security Department that the response was not filed
			 within the seven day period as a result of circumstances beyond the last
			 employer's control, such response may be considered as having been timely
			 filed.
(B) Notice to base period
			 employer of an initial claim filed shall be mailed or otherwise provided to
			 each affected base period employer who is not also a last employer. This notice
			 shall request that the employer furnish the Employment Security Department
			 pertinent information. The requested information shall be filed with the Agency
			 immediately but no later than fifteen (15) days after the date the notice was
			 originally mailed or otherwise provided by the Employment Security Department.
			 If mailed, the response shall be considered to have been filed as of the date
			 of the postmark on the envelope. Provided that if it is determined by the
			 Director of the Arkansas Employment Security Department that the response was
			 not filed within the fifteen (15) day period as a result of circumstances
			 beyond the employer's control, such response may be considered as having been
			 timely filed.
(C) Upon commencement
			 of a labor dispute, the affected employer shall, upon request, promptly furnish
			 the nearest Employment Security Department office a list, in duplicate, showing
			 the names and Social Security numbers of the unemployed workers, and the last
			 day of employment for each worker, with the further information that the
			 unemployment is due to a labor dispute at the factory, establishment, or other
			 premises where the workers were last employed.
(D) An employer, upon request, shall furnish
			 to the Employment Security Department wage information for workers filing
			 claims in another state under an approved Interstate Wage-Combining Plan when
			 such wages are in the base period of the paying state but have not yet been
			 reported on a quarterly wage report. An employer shall furnish such information
			 within seven (7) days from the date the request is mailed. Whenever an employer
			 fails to provide wage information as requested for an Interstate Wage-Combining
			 claim within the required seven (7) days from the time the request is mailed,
			 the Employment Security Department will establish the claimant's wage credits
			 on the basis of the claimant's written statement of wages received for such
			 employment with said employer supplemented by such other evidence as may be
			 available and satisfactory to the Employment Security Department. Except, as
			 provided under Arkansas Code
			 11-10-106 of
			 the Arkansas Employment Security Law, if it is determined that the wage
			 information supplied by the claimant is erroneous, no penalty shall be imposed
			 on the claimant. A report of wages made on the basis of the claimant's written
			 statement shall be adjusted, if necessary, upon receipt of information from an
			 employer and such adjusted report will be delivered to the paying state for the
			 appropriate adjustment of further benefits, if any, payable to the claimant
			 under the approved Interstate Wage-Combining Plan on the basis of such wage
			 credits.
(E) Except as hereinafter
			 provided, a last employer shall not be eligible for the noncharge provisions
			 authorized in subsection
			 11-10-703
			 of the Arkansas Employment Security Law unless he has timely responded in
			 compliance with paragraph (A) of this regulation. It shall be assumed that any
			 last employer who fails to respond in compliance with paragraph (A) of this
			 regulation agrees that the reason for separation as given by the claimant is
			 correct; his failure to respond shall not affect his noncharge rights if the
			 reason for separation given by the claimant would have otherwise resulted in
			 the non-charging of benefits to the employer's account. His failure to timely
			 respond, however, shall constitute a waiver of any right he may have to protest
			 charges to his experience rating account of benefits paid as a result of such
			 nonmonetary determination.
(F) An
			 affected base period employer not also a last employer shall not be eligible
			 for the noncharge provisions authorized in Arkansas Code
			 11-10-703
			 of the Arkansas Employment Security Law unless he has timely responded in
			 accordance with paragraph (B) of this regulation. In addition, any employer
			 seeking to qualify for noncharging under the Part Time Proviso of Arkansas Code
			 11-10-703
			 of the Arkansas Employment Security Law shall provide such information on wages
			 and hours of work as the Director of the Arkansas Employment Security
			 Department shall request.
(G) For
			 purposes of this Regulation 15, Third Party (Agent) Representatives under
			 contract to respond to notices to last and/or base period employers are
			 required to observe the time periods for response and, in addition, must
			 provide factual information to the local office requesting such response. The
			 response must contain factual information sufficient to determine the basis of
			 the separation of the former employee from the employer. Without such factual
			 information, such response may be considered as untimely and the employer would
			 not be entitled to protest charges which may result.
This amended regulation shall take effect and be in full force
				on and after May 1, 2005.