1. (a) As used in this part, unless the context clearly requires otherwise:

   1. (1) "Agent state" means any state in which an individual files a claim for benefits from another state;

   2. (2)

      1. (A) "Interstate benefit payment plan" means the plan approved by the National Association of State Workforce Agencies under which benefits shall be payable to unemployed individuals absent from the state (or states) in which benefit credits have been accumulated.
      2. (B) An interstate claim shall be serviced in accordance with the law of the paying state;
   3. (3) "Interstate benefits" means the compensation payable to an individual with respect to his or her unemployment under the unemployment insurance law of any state;

   4. (4)

      1. (A) "Interstate claimant" means an individual who claims benefits under the unemployment insurance law of one (1) or more liable states through the facilities of an agent state.
      2. (B) The term "interstate claimant" shall not include any individual who customarily commutes from a residence in an agent state to work in a liable state unless the liable state finds that this exclusion would create undue hardship on such claimants in specified areas;
   5. (5) "Liable state" means any state against which an individual files, through another state, a claim for benefits;

   6. (6) "Paying state" means either:

      1. (A) The state in which a claimant files a claim after qualifying in that state on the basis of combined employment and wages; or
      2. (B) If a claimant files a claim in a state that is not the paying state under the criterion set forth in subdivision (a)(6)(A) of this section or files a claim in Canada, then the paying state shall be that state in which the combined-wage claimant was last employed in covered employment among the states in which the claimant qualifies for unemployment benefits on the basis of combined employment and wages;

   7. (7) "State" includes, in addition to the states of the United States of America:

      1. (A) Puerto Rico;
      2. (B) The District of Columbia; and
      3. (C) The Virgin Islands; and
   8. (8) "Week of unemployment" includes any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.

2. (b)

   1. (1)

      1. (A) Each interstate claimant shall be registered for work through any public employment office in the agent state when and as required by the law, rules, and procedures of the agent state.
      2. (B) Such registration shall be accepted as meeting the registration requirements of the liable state.
   2. (2) Each agent state shall duly report to the liable state in question whether each interstate claimant meets the registration requirements of the agent state.

3. (c)

   1. (1)

      1. (A) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state.
      2. (B) Thereafter, the claimant may file claims against any other state in which there are available benefit credits.

   2. (2) For the purpose of this part, benefit credits shall be deemed to be unavailable whenever benefits:

      1. (A) Have been exhausted, terminated, or postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or
      2. (B) Are affected by the application of a seasonal restriction.

4. (d)

   1. (1)

      1. (A) Claims for benefits or waiting period credit shall be filed by interstate claimants on uniform interstate claim forms, electronically via the internet or by telephone and in accordance with uniform procedures developed pursuant to the interstate benefit payment plan.
      2. (B) Claims shall be filed in accordance with the type of week in use in the agent state.
      3. (C) Any adjustments required to fit the type of week used by the liable state shall be made by the liable state on the basis of consecutive claims filed.

   2. (2)

      1. (A) Claims shall be filed in accordance with agent state rules for interstate claims:

5. (i) In local employment offices;

   1. (ii) Electronically via the internet;

      1. (iii) By telephone, or at an itinerant point; or

         1. (iv) By mail.

      2. (B)

         1. (i) With respect to claims for weeks of unemployment in which an individual was not working for his or her regular employer, the liable state shall, under circumstances which it considers good cause, accept a continued claim filed up to one (1) week or one (1) reporting period late.
         2. (ii) If a claimant files more than one (1) reporting period late:
6. (a) (a) An initial claim must be used to begin a claim series; and

7. (b) (b) No continued claim for a past period shall be accepted.

   1. (C) With respect to weeks of unemployment during which an individual is attached to his or her regular employer, the liable state shall accept any claim which is filed within the time limit applicable to such claims under the law of the agent state.

8. (e)

   1. (1) The agent state shall, in connection with each claim filed by an interstate claimant, ascertain and report to the liable state in question such facts relating to the claimant's availability for work and eligibility for benefits as are readily determinable in and by the agent state.

   2. (2)

      1. (A) The agent state's responsibility and authority in connection with the determination of interstate claims shall be limited to investigation and reporting of relevant facts.
      2. (B) The agent state shall not refuse to take an interstate claim.

9. (f)

   1. (1) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims.
   2. (2) With respect to the time limits imposed by the law of a liable state upon the filing of an appeal in connection with a disputed benefit claim, an appeal made by an interstate claimant shall be deemed to have been made and communicated to the liable state on the date when it is received by any qualified officer of the agent state.
10. (g) This part shall apply in all its provisions to claims taken in and for Canada.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Rule No. 18" "This Rule is hereby amended, promulgated and adopted by the Director, Arkansas Department of Workforce Services, pursuant to Arkansas Code 11-10-313 to read as follows:" "This amended Rule shall take effect and be in full force on and after July 1, 2001."