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11-10-544. Reciprocal arrangements with state and federal agencies.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-544. Reciprocal arrangements with state and federal agencies.
(a) The Director of the Division of Workforce Services is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:
(1) Services performed by an individual for a single employing unit for which services are customarily performed in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states:
(A) In which any part of the individual's service is performed;
(B) In which the individual has his or her residence; or
(C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state;
(2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund;
(3)(A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may b
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-544
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:11-10-544
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 73cb7677b80a419f7b645597ca4cc01b9bbe5be38276c2ebb0b09015aedb52c9
Source location: content.xml paragraph 12982
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11-10-544. Reciprocal arrangements with state and federal agencies.
(a) The Director of the Division of Workforce Services is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:
(1) Services performed by an individual for a single employing unit for which services are customarily performed in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states:
(A) In which any part of the individual's service is performed;
(B) In which the individual has his or her residence; or
(C) In which the employing unit maintains a place of business, provided there is in effect, as to the services, an election, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which all the services performed by the individual for the employing unit are deemed to be performed entirely within the state;
(2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms that the director finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund;
(3)(A) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his or her rights to benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the law of another state or of the federal government is payable.
(B) No arrangement shall be entered into unless it contains provisions for reimbursements to the fund for the benefits paid under this chapter upon the basis of the wages or services and provisions for reimbursements from the fund for such of the compensation paid under the other law upon the basis of wages for insured work as the director finds will be fair and reasonable as to all affected interests; and
(4) Contributions due under this chapter with respect to wages for insured work shall, for the purposes of §§ 11-10-716 — 11-10-722, be deemed to have been paid to the fund as of the date payment was made as contributions under another state or federal unemployment compensation law, but no such arrangement shall be entered into unless it contains such provisions for reimbursement to the fund of the contributions and the actual earnings thereon as the director finds will be fair and reasonable as to all affected interests.
(b)(1) Reimbursements paid from the fund pursuant to subdivision (a)(3) of this section shall be deemed to be benefits for the purpose of §§ 11-10-501 — 11-10-506, 11-10-517, and 11-10-801 — 11-10-804.
(2) The director is authorized to make to other state or federal agencies and to receive from other state or federal agencies reimbursements from or to the fund in accordance with arrangements entered into pursuant to subsection (a) of this section.
(c)(1) The administration of this chapter and of other state and federal unemployment compensation and public employment service laws will be promoted by cooperation between this state and other states and the appropriate federal agencies in exchanging services and making available facilities and information.
(2)(A) The director is authorized to make such investigations, secure and transmit such information, make available such services and facilities, and exercise such of the other powers provided herein with respect to the administration of this chapter as he or she deems necessary or appropriate to facilitate the administration of any unemployment compensation or public employment service law.
(B) In like manner, the director is authorized to accept and utilize information, services, and facilities made available to this state by the agency charged with the administration of any other unemployment compensation or public employment service law.
(d) To the extent permissible under the laws and United States Constitution, the director is authorized to enter into or cooperate in arrangements whereby facilities and services provided under this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under this chapter or under a similar law of the government.
(e) The director is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or the federal government, or both, and to sign specific agreements to carry out the provisions of arrangements, and to enter into agreement with any federal agency to pay benefits as an agent of the United States Government under any law passed by the United States Congress for the purpose of paying benefits to employees of the United States or persons entitled to benefits by reason of service in the United States Armed Forces.
(f) The director is authorized to make application for loans and grants with any governmental agency under any act of the United States Congress that authorizes the making of such loans and grants.
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Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-501. Payment.
(a) All benefits provided in this chapter shall be payable from the Unemployment Compensation Fund.
(b) All benefits shall be paid through Division of Workforce Services offices, in accordance with such rules as the Director of the Division of Workforce Services may prescribe.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-501
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 11-10-501. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-506. Seasonal employment and benefit rights — Definitions.
(a)(1) As used in this section, the term “seasonal industry” means an industry in which, because of the seasonal nature thereof, it is customary to lay off forty percent (40%) or more of the average monthly number of workers for at least four (4) consecutive months during a regularly recurring period of each year and in which industry it is highly impracticable or impossible to continue seasonal operations throughout a period or periods of one (1) year in length. However, the total cessation of operations is not a prerequisite to classification as a seasonal industry.
(2) After a study of previous employment records, and after investigation and hearing, the Director of the Division of Workforce Services shall determine the normal seasonal period or periods during which workers are ordinarily employed for the purpose of carrying on seasonal operations in each seasonal industry. Until the determination by the director, no industry shall be deemed to be seasonal. The director may initiate a study of an industry upon his or her own motion or upon a request filed with the director by any employing unit or person that would be affected by any determination made as a result of such a study. If a study is made, it shall be mandatory for the director to make his or her determination and report thereon within ninety (90) days after written application for the determination has been filed. If the director initiates the study of an industry upon his or her own motion and finds that the industry meets the seasonal requirements set forth in this section, he or she shall make his or her determination and report within ninety (90) days after the study is initiated. In either event, the industry shall be classified as
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-506
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 11-10-506. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-716. Collection — Interest on past due contributions.
(a)(1) If contributions are not paid on the date on which they are due and payable as prescribed by the Director of the Division of Workforce Services, the whole or part thereafter remaining unpaid shall bear interest at the rate of one and one-half percent (1.5%) per month from and after the due date until payment is received by the director.
(2) In computing interest for any period less than a full month, the rate shall be five-hundredths of a percent (0.05%) for each day or fraction thereof.
(3) The date as of which payment of contributions, if mailed, is deemed to have been received may be determined by such rules as the director may prescribe.
(b)(1)(A) At the end of each month, deposits in the Unemployment Compensation Fund Clearing Account which have been established as interest and penalty payments collected pursuant to §§ 11-10-716 — 11-10-723 shall be paid over to the Treasurer of State and credited by him or her to the Division of Workforce Services Special Fund, § 19-5-984, created and established in the State Treasury.
(B) All withdrawals shall be upon voucher warrants issued, or caused to be issued, by the director for any one (1) or more of the following purposes as authorized by legislative appropriation:
(i) Refunds of the interest and penalties erroneously paid;
(ii) Replacements of money lost or erroneously expended, as provided by § 11-10-322; and
(iii) Such other and additional purposes necessary to the proper administration of this chapter as specifically provided in the appropriation for the Division of Workforce Services.
(2) Funds received as a result of the application of funds withdrawn from the fund pursuant to and in accordance with the withdrawal purposes and prov
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-716
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 11-10-716. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-10-722. Collection — Impoundment.
(a) The Director of the Division of Workforce Services or his or her designated representative may give notice of impoundment of any deposits in any bank or savings and loan institution payable to the order of any employer owing any delinquent contributions, interest, and penalties to which a lien has attached under this chapter. Notice of impoundment shall be served by the director or his or her designated representative by certified mail to the bank or savings and loan institution or by written notice served personally upon its president, vice president, cashier, or assistant cashier.
(b) Any bank or savings and loan institution served with notice of impoundment shall be required to recognize the Division of Workforce Services' lien on any deposit subject thereto by withholding payment of any deposit in an amount not to exceed the amount of the delinquent contributions, interest, and penalty to the depositor or to his or her order for a period not to exceed sixty (60) days.
(c) Any bank or savings and loan institution failing to comply shall be held liable for the amount covered by the notice of impoundment up to the amount on deposit to the employer's credit with the bank or savings and loan institution.
(d)(1) Impoundment of the funds shall be revoked when the lien or judgment has been satisfied and may be revoked at any time at the discretion of the director or his or her designated representative.
(2) Revocation of impoundment shall be served in the same manner as the notice of impoundment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-10-722
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 11-10-722. This identifies an authority to review, not proof of applicability.