1. (a) All claims for benefits shall be filed either by telephone, electronically via the internet, by mail, or in person, except as may otherwise be provided herein, at a local employment office of the Division of Workforce Services on standard claim forms prescribed by the division.

2. (b)

   1. (1) All claims must be completed with the individual's Social Security number and all other items of information requested on the standard form prescribed by the division.

   2. (2)

      1. (A) In addition, each claim shall bear the individual's signed certification that the information entered on the form is:

3. (i) True;

   1. (ii) Complete; and

      1. (iii) Correct.
      2. (B) Provided however, when filing by telephone, internet, or other electronic means a claimant's assigned personal identification number or electronic signature satisfies the requirement for a signature.
   2. (3) The claimant must comply with the telephone, internet, and other electronic filing procedures determined by the division.
   3. (4) If an individual submits an incomplete claim form, the division may either require the individual to report to the local employment office to complete the claim form or may return the claim form to him or her by mail or electronic means for completion.
   4. (5) An individual shall report to, or complete and submit the claim form to, the local employment office, as directed, within ten (10) days following the date the division mails the notice to report or returns the incomplete claim form to the individual unless good cause for failing to do so is shown by the individual.

   5. (6) An individual may be required to present his or her Social Security card to verify his or her Social Security number.

      1. (c)
   6. (1) To establish a benefit year and to obtain a determination of his or her monetary entitlement to benefits, an individual shall file an initial claim either by telephone, electronically via the internet, in person, or by mail with a local employment office on the standard initial claim form prescribed by the division.

   7. (2) A new benefit year may not be established by the filing of an initial claim unless and until any current benefit year which an individual may have established has expired.

      1. (d) To reestablish his or her claim when intervening employment causes a break of one (1) week or more in an individual's claim series during an existing benefit year or other period of eligibility, he or she shall file, either by telephone, electronically via the internet, in person, or by mail, an additional claim for benefits with a local office of the division on the standard additional claim form prescribed by the division in order to reactivate his or her claim.

4. (e) To reestablish (reopen) his or her claim when a break of one (1) week or more in an individual's claim series occurs during an existing benefit year or other period of eligibility but not as a result of intervening employment, he or she shall:

   1. (1) Complete another standard initial claim form; and
   2. (2) File it either by telephone, electronically via the internet, in person, or by mail with a local office of the division.

5. (f)

   1. (1) To claim a waiting week, a compensable week, or a noncompensable week of unemployment, an individual who has established or has filed an initial claim to establish a current benefit year shall file either by telephone, electronically via the internet, in person, or by mail, a continued claim on the standard continued claim form prescribed by the division.
   2. (2) All continued claims shall be filed either by telephone, electronically via the internet, in person, or if filed by mail, postmarked not later than the seventh day following the last day of the calendar week for which benefits are claimed.
   3. (3) A valid noncompensable week of unemployment, when properly claimed, may be used by an individual in partial satisfaction of a disqualification.

6. (g)

   1. (1)

      1. (A) An initial, additional, reopened, or continued claim, if filed either by telephone, electronically via the internet, or in person, shall be considered to have been filed on the date it is received by the division.
      2. (B) If mailed, such claim shall be considered to have been filed on the date of its postmark.

   2. (2) Except that, if it is determined by the division that a delay in the filing of any claim was due to good cause, it may be considered to have been filed on a date no earlier than fourteen (14) days prior to the date the claim, if filed:

      1. (A) In person, by telephone, or electronically via the internet, was received by the division; or
      2. (B) By mail, was postmarked.

   3. (3)

      1. (A) Provided however, the Director of the Division of Workforce Services, at his or her discretion, may waive the restrictions in this subsection if he or she finds that extraordinary circumstances exist and equity and justice require such waiver.
      2. (B) All such waivers shall be reported to the Division of Workforce Services Advisory Council.
   4. (4) Provided further, upon determination by the division that a delay in the filing of a claim at a division local office which provides services to claimants only on a periodic or intermittent basis was due to good cause, such claim may be considered to have been filed on a date no earlier than seven (7) days from the date of the most previous regularly scheduled day such office was open for service.
   5. (5) If a claimant files an initial claim for unemployment compensation against another state and fails to establish a valid claim, is faced with an indefinite postponement of benefits, or withdraws from a wage combining arrangement, his or her subsequent Arkansas initial claim for benefits shall be considered to have been filed on the date his or her original initial claim was filed against the other state.

7. (h)

   1. (1) An initial or additional claim (except a shared work claim) for less than total unemployment, which is based on partial unemployment, shall be:

      1. (A) Filed either by telephone, electronically via the internet, in person, or by mail on the form prescribed by the division; and
      2. (B) Considered to have been filed on a date which will permit the claimant to claim a week of partial unemployment within fourteen (14) days of the date wages were paid for such partial unemployment.

   2. (2) An individual shall be considered partially unemployed when:

      1. (A) He or she is working less than full time; and

      2. (B) Wages payable to him or her are less than one hundred forty percent (140%) of his or her weekly benefit amount.

         1. (i) A continued claim for a week of partial unemployment as defined in the Arkansas Code § 11-10-214 may be considered to be timely if it is filed within fourteen (14) days of the date wages were paid for such week of partial unemployment.
8. (j) For the purpose of this section, an individual shall be considered to be working less than full time, or partially unemployed, if he or she is working fewer than forty (40) hours in a calendar week.
9. (k) Subject to the implementation of an interactive voice response (IVR) or telephone claims system, the requirements of this section are to be interpreted consistent with the division’s telephone claims taking procedure.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Rule No. 14(b)" "The following Rule is hereby promulgated and adopted by the Director, Arkansas Department of Workforce Services, pursuant to Arkansas Code 11-10-507 of the Arkansas Department of Workforce Services Law:" "This amended Rule shall take effect and be in full force on and after July 1, 2003."