208.00.12 Ark. Code R. § 004 - Regulation 15 - Extension of response time
Regulation No. 15
NOTICE OF CLAIMS
FILED AND BENEFITS CHARGED, EMPLOYER RESPONSE, AND NONCHARGE RIGHTS
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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.
Notes
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