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11-10-526. Claims — Administrative appeal — Procedure.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-526. Claims — Administrative appeal — Procedure.
(a)(1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties.
(2) In like manner as provided at § 11-10-307(a) for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter.
(b) Hearings on appeals before an appeals tribunal or before the board shall not be held sooner than five (5) days from the date of the mailing of notice thereof to the parties to the appeal.
(c) When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one (1) individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each claim may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one (1) proceeding considered as introduced in the others, provided that in the judgment of the examiner or tribunal having jurisdiction of the proceeding, consolidation would not be prejudicial to any party.
(d) No person shall participate on behalf of the director or the board in any case in which he or she has a direct or indirect interest.
(e) A record shall be kept of all testimony and proceedings before special examiners or in connection with an appeal, but the testimony need not be transcrib
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-526
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:11-10-526
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 552df518ecbc2923334b655113efa0ea2273776c18048ee38ea3f8d6aeb79850
Source location: content.xml paragraph 12572
Stored source content
11-10-526. Claims — Administrative appeal — Procedure.
(a)(1) The Board of Review, appeal tribunal, and special examiners shall not be bound by common law or statutory rules of evidence or by technical rules of procedure, but any hearing or appeal before the tribunals shall be conducted in such manner as to ascertain the substantial rights of the parties.
(2) In like manner as provided at § 11-10-307(a) for the adopting, amending, or rescinding of general rules by the Director of the Division of Workforce Services, the board may adopt reasonable rules governing the manner of filing appeals, the conduct of hearings, and other appellate procedures, consistent with this chapter.
(b) Hearings on appeals before an appeals tribunal or before the board shall not be held sooner than five (5) days from the date of the mailing of notice thereof to the parties to the appeal.
(c) When the same or substantially similar evidence is relevant and material to the matters in issue in claims by more than one (1) individual or in claims by a single individual with respect to two (2) or more weeks of unemployment, the same time and place for considering each claim may be fixed, hearings jointly conducted, a single record of the proceedings made, and evidence introduced with respect to one (1) proceeding considered as introduced in the others, provided that in the judgment of the examiner or tribunal having jurisdiction of the proceeding, consolidation would not be prejudicial to any party.
(d) No person shall participate on behalf of the director or the board in any case in which he or she has a direct or indirect interest.
(e) A record shall be kept of all testimony and proceedings before special examiners or in connection with an appeal, but the testimony need not be transcribed unless further review is initiated.
(f) Witnesses subpoenaed pursuant to §§ 11-10-520 — 11-10-532 shall be allowed fees at a rate fixed by the director, and fees of witnesses subpoenaed on behalf of the director or any claimant shall be deemed part of the expense of administering this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-307. Director — Rules.
(a)(1) General and special rules may be adopted, amended, or rescinded by the Director of the Division of Workforce Services only after public hearing or opportunity to be heard thereon, on which proper notice has been given.
(2) General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one (1) or more newspapers of general circulation in this state.
(3) Special rules shall become effective ten (10) days after notification to or mailing to the last known address of the individuals or employing units affected thereby.
(b) Rules may be adopted, amended, or rescinded by the director and shall become effective in the manner and at the time prescribed by the director.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-307
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-307. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-520. Claims — Posting of information by employer.
(a) Each employer shall post and maintain, in places readily accessible to individuals in the employer's employ, printed statements concerning benefit rights, claims for benefits, and such other matters relating to the administration of this chapter as the Director of the Division of Workforce Services may by rule prescribe.
(b) Each employer shall supply to those individuals copies of such printed statements or other materials relating to claims for benefits when, and as, the director may by rule prescribe.
(c) The printed statements and other materials shall be supplied by the director to each employer without cost to the employer.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-520
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-520. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-532. Claims — Recovery.
(a)(1) If the Director of the Division of Workforce Services finds that a person knowingly has made a false statement or misrepresentation of a material fact or knowingly has failed to disclose a material fact and as a result of either action has received benefits under this chapter to which he or she was not entitled, then he or she is liable to repay the amount to the Unemployment Compensation Fund.
(2) Once the overpayment becomes final under § 11-10-527, the amount owed shall accrue interest at the rate of ten percent (10%) per annum beginning thirty (30) days after the date of the first billing statement.
(3)(A)(i) A penalty of fifty percent (50%) of the amount of the overpayment at the time the overpayment becomes final shall be assessed on all fraudulent overpayments.
(ii) An overpayment established under this subsection that is repaid within thirty (30) days of the mailing date of the determination shall be assessed a reduced penalty of fifteen percent (15%).
(B) An overpayment established under this subsection that is determined to have been as a result of benefits collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity, shall be repaid before the person receives benefits under this chapter.
(C) The portion of the penalty assessed under subdivision (a)(3)(A) of this section in excess of fifteen percent (15%) of the overpayment shall be deposited into a subaccount of the Division of Workforce Services Special Fund under § 19-5-984, to be entitled the “UI Integrity Fund” that shall be used exclusively for integrity-related activities arising under this chapter.
(b)(1) If the director finds that a person has received an amount as benefits under this chap
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-532
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 11-10-532. This identifies an authority to review, not proof of applicability.