Arkansas Administrative Code › Agency 208 - Department of Workforce Services › Rule 208.00.12-004 - Regulation 15 - Extension of response time

Current through Register Vol. 49, No. 6, June, 2024
Regulation No. 15
NOTICE OF CLAIMS
		  FILED AND BENEFITS CHARGED, EMPLOYER RESPONSE, AND NONCHARGE RIGHTS
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			 Regulation
This regulation is hereby amended, promulgated and adopted by the
			 Director of the Arkansas Department of Workforce Services, 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
		  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 the 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 Arkansas 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 Arkansas 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) 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.
(D) 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) 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 Arkansas 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.
(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 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 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 Department of Workforce Services 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 Department of Workforce Services Law shall provide such
		  information on wages and hours of work as the Director of the Arkansas
		  Department of Workforce Services 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 December 15.2012.