1. (a)

   1. (1) The Division of Workforce Services shall advise each claimant who establishes a benefit year or who files an additional or reopened claim what he or she must do to meet the work search requirements of Arkansas Code § 11-10-507.

   2. (2) In so advising the claimant, the division shall take into consideration:

      1. (A) The claimant's:

2. (i) Knowledge;

   1. (ii) Skills; and

      1. (iii) Abilities;
      2. (B) His or her past work experience; and
      3. (C) The condition of the labor market in which the claimant is seeking employment.

   2. (3)

      1. (A) To each such claimant, the division shall provide the number of job search contacts (contacts with potential employers for the purpose of securing work) he or she must make during each week that he or she claims benefits in order to be considered to be doing those things which a reasonably prudent person would be expected to do to secure work.
      2. (B) At the claimant's request, or upon its own motion, the division may provide written and/or oral information and assistance to the claimant on how, when, where, and in what manner to look for and apply for work.

3. (b)

   1. (1) In order to meet the job search requirements of Arkansas Code § 11-10-507, claimants who live in a metropolitan statistical area, as the term is defined by the United States Bureau of the Census, shall be required to make at least three (3), but no more than five (5), job contacts during each week that he or she claims unemployment benefits.
   2. (2) Claimants residing in other labor market areas shall be required to make at least two (2), but no more than four (4), job contacts during each week for which they claim benefits in order to meet this job search requirement.

   3. (3) Provided that if, for good cause shown, a claimant fails to make the number of job contacts required by this subsection, he or she shall not be disqualified for that reason.

      1. (c)
   4. (1) Except as elsewhere provided in this section, each claimant who claims benefits for a week of unemployment must show that he or she has made, at least, the number of job contacts set forth for him or her by the division in order to fulfill the work search requirements of Arkansas Code § 11-10-507.

   5. (2)

      1. (A) In order for a job contact to be considered bona fide, beginning with the thirteenth compensable week of unemployment the claimant must submit in writing the:

         1. (i) Name of each employer contacted;
         2. (ii) Date of each contact;
         3. (iii) Kind of work sought or applied for;
         4. (iv) Method of his or her contact; and
         5. (v) Results of the contact.
      2. (B) The division shall provide a form for the claimant's use in providing such evidence.

   6. (3) Provided that if, for good cause shown, a claimant fails to obtain any item of information required by this subsection (c), he or she shall not be disqualified for that reason.

      1. (d)

   7. (1) The claimant must make at least one (1) of the required job contacts in person unless:

      1. (A) He or she normally gets his or her jobs by telephone or through correspondence; or
      2. (B) His or her job contacts were made to employers outside the labor market area of his or her place of residence.

   8. (2)

      1. (A) Other efforts to secure work shall count as a job contact if done for the purposes of securing employment.
      2. (B) Such efforts other than those enumerated in subsections (c) and (d) of this section shall count collectively for no more than one (1) bona fide job contact per week.

4. (e)

   1. (1) Notwithstanding the provisions of subsection (b) of this section, above, the division:

      1. (A) Shall periodically review the claimant's job search efforts; and

      2. (B) May change the minimum number of weekly job contacts required as:

         1. (i) The claimant's length of unemployment increases; or
         2. (ii) Labor market conditions change or warrant.

   2. (2)

      1. (A) An intrastate claimant shall not be required to submit written documentation of his or her job contacts until his or her nineteenth compensable week of unemployment if he or she is residing in a county or he or she last worked in a county which had an average unemployment rate, as computed by the division, equal to or greater than eight and one-half percent (8 1/2%) during the preceding six-month period of:

         1. (i) June through November for benefit years established during the six-month period beginning on January 1; and
         2. (ii) December through May for benefit years established during the six-month period beginning on July 1.
      2. (B) For purposes of applying this provision, the average unemployment rate for the appropriate six-month period for the Arkansas county in which the claim was filed or for the Arkansas county in which he or she last worked shall be used for out-of-state residents filing claims in a division office.
   3. (3) Interstate claimants shall not be required to provide written documentation of job search contacts until their nineteenth compensable week of unemployment when the Arkansas statewide average unemployment rate is equal to or greater than eight and one-half percent (8 1/2%) during the appropriate six-month period.
   4. (4) All claimants, however, must continue to do those things a reasonably prudent individual would be expected to do under the circumstances to secure work.

5. (f)

   1. (1) A union member claimant's authorized union hiring hall representative may make such claimant's job contacts for him or her as his or her agent.

   2. (2) In such instances, the claimant shall provide the division with the:

      1. (A) Name, address, and local number of the union of which he or she is a member and with evidence that:

         1. (i) He or she is a union member;
         2. (ii) His or her union dues are currently paid; and
         3. (iii) His or her union local maintains a full-time hiring hall;
      2. (B) Name and address of such hiring hall; and
      3. (C) Name and address of the union hiring hall official who will act as his or her agent.
   3. (3) The claimant shall remain responsible for the timely provision of evidence, as required by the division, of job contacts made by the union hiring hall official acting as his or her agent for such purpose.
   4. (4) The division shall provide the claimant with a form for use in providing such evidence of work search efforts.

6. (g)

   1. (1) For the purpose of fulfilling the job search requirements of Arkansas Code § 11-10-507 as prescribed in subsection (b) of this section, above, the following types of job contacts shall be treated in the manner specified for each:

      1. (A) Contacts with the division’s job placement service.

         1. (i) An initial registration for work or the renewal of a registration for work shall be counted one (1) time for each continuous period of unemployment.
         2. (ii) Each instance of reporting to the employment office in response to a call-in by the job service shall be counted as a job contact.
         3. (iii) Any and all other contacts with the job service during any month shall be counted but only as one (1) job contact during each calendar month;
      2. (B) Contacts with exclusive hiring agreement employers. Job contacts with employers whose names appear on a list, provided by the division to the individual claimant, of employers who hire exclusively through the division shall not be counted as a job contact; and

      3. (C) Contacts with private employment agencies.

         1. (i) Registration with a private employment agency shall be counted as one (1) job contact for each such agency but shall be counted only one (1) time in any one (1) continuous period of unemployment.
         2. (ii) Each job contact made as a result of a referral by a private employment agency shall be counted as a job contact for purposes of subdivision (c).

   2. (2) For the purpose of this subsection (g) of this section, a continuous period of unemployment shall:

      1. (A) Begin when an individual files an initial, additional, or reopened claim for benefits; and
      2. (B) Continue thereafter for as long as he or she files weekly claims for benefits on a continued week basis.

7. (h) A claimant:

   1. (1) Shall be presumed to be available for work as required by Arkansas Code § 11-10-507; and

   2. (2) Shall not be required to make any further search for work when any of the following circumstances prevail:

      1. (A) The claimant's hours of work have been reduced from full time to part time by his or her employer who has given the claimant an assurance that he or she will be returned to full-time employment within ten (10) weeks after his or her last week of full-time employment;
      2. (B) The claimant's hours of work have been reduced by his or her employer from full time to part time and he or she works at least eight (8) hours for that employer during the week for which he or she claims benefits; or

      3. (C) The claimant has a definite promise of employment to begin within ten (10) weeks after the date of receipt of such promise of employment, provided, at the time he or she files his or her claim for unemployment benefits, he or she provides a written statement from his or her prospective employer evidencing such promise of employment.

         1. (i) A claimant's work search efforts shall be subject to verification which may include, but not be limited to, obtaining relevant information from potential employers reported as having been contacted by the claimant.

8. (j) Notwithstanding the provisions of any other subsection of this section, the Director of the Division of Workforce Services may reduce or eliminate any of the requirements of said section if such change:

   1. (1) Would be warranted by labor market conditions; and
   2. (2) Would not be contrary to the work search provisions contained in Arkansas Code § 11-10-507.

9. (k) This section shall not be applicable with respect to individuals claiming extended benefits.

   1. (l)
   2. (1) Subject to 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.
   3. (2) The work search requirements for telephone claims are to report the number of job contacts as required by subsections (b), (c), and (e).
   4. (3) Documentation of such job contacts shall be maintained by a claimant for the appropriate weeks claimed (i.e., beginning the thirteenth or nineteenth week for possible eligibility or verification purposes).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Rule No. 14(d)" "The following Rule is hereby promulgated and adopted by the Director, Arkansas Department of Workforce Services, pursuant to Arkansas Code 11-10-507:" "This amended Rule shall take effect and be in full force on and after July 1, 1999."