Arkansas Administrative Code › Agency 208 - Department of Workforce Services › Rule 208.00.13-003 - Amendment of 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
(A) Notice of an initial or additional claim
		  filed shall be mailed or otherwise provided by the Department of Workforce
		  Services 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 Department of Workforce services, The last employer shall
		  have ten (10) days from the date notice was mailed or otherwise provided by the
		  Department of Workforce Services 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 Department
		  of Workforce Services that the response was not filed within the ten-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 Department of Workforce Services 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 Department of Workforce
		  Services. 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 Department of Workforce Services 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) Requests for separation
		  information shall be mailed or otherwise provided by the Department of
		  Workforce Services to the employing unit known to the claimant as his last
		  employer. This request shall notify the last employer of the deadline for
		  providing the requested information to the Department of Workforce Services. 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 of Director
		  of the Department of Workforce Services that the response was not filed within;
		  the specified time in the request for separation information as a result of
		  circumstances beyond the last employer's control, such response may be
		  considered as having been timely filed.
(D) Upon commencement of a labor dispute, the
		  affected employer shall, upon request, promptly furnish the nearest Department
		  of Workforce Services 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.
(E) An
		  employer, upon request, shall furnish to the Department of Workforce Services
		  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 ten (10) 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 ten (10)
		  days from the time the request is mailed, the Department of Workforce Services
		  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
		  Department of Workforce Services. Except, as provided under Arkansas Code
		  11-10-106 of
		  the Department of Workforce Services 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.
(F) Except as hereinafter
		  provided, a last employer shall not be eligible for the noncharge provisions
		  authorized in subsection
		  11 -10-703 of the Department of
		  Workforce Services Law unless he has timely responded in compliance with
		  paragraph (A) of this regulation. It shall be assumed that any last employer
		  that 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.
(G)
(1) No employer's account shall be relieved
		  of charges arising from an overpayment of benefits as provided in subsection
		  11-10-703
		  of the Department of Workforce Services Law if the overpayment of benefits is
		  the result of the failure of the employer or the employer's agent to respond
		  timely or adequately to a request for information from the Department of
		  Workforce Services and the employer's agent has established a pattern of
		  failing to respond to such requests. As used in this regulation:
(i.) "Timely" means the employer or the
		  employer's agent responded to the Department of Workforce Services written
		  requests for information as specified on the form. Provided that if it is
		  determined by the Director of the Department of Workforce Services that the
		  response was not timely as a result of circumstances beyond the employer's
		  control, such response may be considered as having been timely filed.
(ii.) "Adequately" means the employer or the
		  employer's agent substantially and accurately completed the Department of
		  Workforce Services forms with sufficient factual information necessary to
		  render an accurate determination of eligibility for unemployment insurance
		  benefits.
(iii.) "Pattern" means,
		  in the preceding calendar quarter, the employer or the employer's agent failed
		  to timely or adequately respond to at least 51% of requests for information
		  sent to it by the Department of Workforce Services related to the establishment
		  of an unemployment insurance claim. However, an employer that is party to five
		  or fewer potentially disqualifying determinations during the preceding calendar
		  quarter shall not be deemed to have a pattern of failing to timely or
		  adequately respond unless it has failed to respond to at least three requests
		  for information in the preceding calendar quarter.