11-10-707. Future rates — Definitions — Notifications.

11-10-707. Future rates — Definitions — Notifications. (a)(1) As used in §§ 11-10-701 — 11-10-715: (A) The term “annual payroll” means the total amount of taxable wages paid during a calendar year by an employer for employment and for the employer who has had three (3) or more years of benefit risk experience; and (B) The term “average annual payroll” means the average of the annual payrolls for the last three (3) or the five (5) preceding calendar years, whichever is the lesser. (2)(A) However, with respect to rate years beginning January 1, 1972, and thereafter, an employer who has been subject to three (3) or more years of benefit risk may voluntarily elect to be rated each year on the basis of total taxable wages paid during the preceding calendar year instead of the average of the annual payrolls for the last three (3) or last five (5) preceding calendar years, whichever is the lesser. (B) A voluntary election by an employer shall be made at the time and in the manner prescribed by rules of the Director of the Division of Workforce Services. (C) Any voluntary election so made shall be irrevocable, except with respect to an employer who acquires the experience of the electing employer under the provision of § 11-10-710. (b) The director shall for each rate year: (1)(A)(i) Periodically notify each employer of the regular benefits paid that are chargeable to the employer's account. (ii) The notification shall become conclusive and binding upon the employer unless within thirty (30) days after mailing of the notice the employer files an application for review and redetermination as provided in subdivision (c)(1) of this section. (B)(i) With the exception of charges that might be changed under § 11-10-703(a)(2)(A)(ii), an application for review and redetermination shall be made the first time that charges appear on the employer's account as reflected on the quarterly statement of paid benefits. (ii) Subsequent charges on the same claimant in the same benefit year may not be challenged; and (2) Notify each employer of the employer's rate of contribution as determined pursuant to §§ 11-10-701 — 11-10-715. (c)(1)(A) The notice shall contain the contribution rate, and if the employer is eligible for an experience rating, the factors used in determining the individual employer's experience rate, together with any other information the director may think necessary. (B)(i) The determination of the director, including all the figures shown on the notice or notices issued under this subdivision (c)(1), shall become conclusive and binding upon the employer unless within thirty (30) days after the mailing of the notice or notices thereof to the employer's last known post office address, the employer files an application for review and redetermination setting forth the employer's reasons therefor. (ii) The director may, if he or she finds the reasons set forth by the employer insufficient to change the benefit charges to the employer's account or the rate of contributions, deny the application; otherwise, it shall be granted and the charges adjusted and the rate redetermined. (C) The employer shall be promptly notified by mailing to the employer's last known address the denial of the employer's application or of the redetermination, both of which shall become final and conclusive at the date of mailing of notification thereof. (2) An employer may appeal from the determination of the director to the circuit court by filing a petition with the clerk of the circuit court in the county of the employer's residence or in the Pulaski County Circuit Court within thirty (30) days of the mailing to the employer of notice of the determination. (d) As used in §§ 11-10-703 — 11-10-708, an employer's “year of benefit risk” means a twelve-month period ending on June 30 throughout which any individual in the employer's employ could have received benefits chargeable to the employer's account.