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

   1. (1)

      1. (A) “Industry” means all of that group of employers classified under the same four-digit Standard Industrial Classification code of the Social Security Administration, except that when the Director of the Division of Workforce Services finds that any such industry includes one (1) or more groups of employers who are distinct in nature from the remainder of employers in such industry, and that these groups are sufficiently large and homogenous, the director may set up appropriate subclassifications within such industry and treat such subclassifications as a separate industry.
      2. (B) The director shall notify the Division of Workforce Services Advisory Council quarterly of any request for change in subclassification status;
   2. (2) “Nonseasonal benefits” means unemployment insurance benefits based on nonseasonal earnings as defined in this section;
   3. (3) “Nonseasonal earnings” means wages paid in nonseasonal employment as defined in this section;

   4. (4) “Nonseasonal employment” means employment:

      1. (A) By an employer in an industry which had not previously been determined by the director to be a seasonal industry; or
      2. (B) Outside the normal seasonal period of operations of an industry subsequent to that industry's having been determined by the director to be a seasonal industry;
   5. (5) “Seasonal benefits” means unemployment insurance benefits based on seasonal earnings as defined in this section;
   6. (6) “Seasonal earnings” means wages paid in seasonal employment as defined in this section; and
   7. (7) “Seasonal employment” means employment by an employer within the normal seasonal period of operation of an industry subsequent to that industry having been determined by the director to be a seasonal industry.

2. (b) Determinations of seasonal industry.

   1. (1)

      1. (A) A determination on a seasonal industry and its normal seasonal period of operations shall apply to each employer in the industry.
      2. (B) Each employer shall be promptly notified of any determination affecting its industry.
      3. (C) Each employer in an industry determined seasonal shall keep posted conspicuously a notice provided by the Division of Workforce Services notifying employees of the determination and informing them that their benefit rights are subject to the restrictions imposed by the determination and by this section.

   2. (2)

      1. (A) Upon the initiation of a study to determine whether an industry should continue to be classified as seasonal, the director shall notify all active employers within that industry of the study.
      2. (B) The director shall:

3. (i) As part of the study, schedule a hearing to consider the continuation of the seasonal classification; and

   1. (ii) Notify all of the active employers in the industry of the time and place for such hearing, thereby affording the opportunity to attend and participate in the hearing.

      1. (C) Such hearing notification shall be posted by the employer with other notices provided by the division as stated in subdivision (b)(1) of this section, above.

         1. (c) Seasonal employer reports. Each employer in a seasonal industry shall:
   2. (1) Keep separate account of wages paid to employees within and without the normal seasonal period of operations; and

   3. (2) Report these wages on a special seasonal quarterly report form provided by the division.

      1. (d) Payment of benefits to seasonal workers.

   4. (1)

      1. (A) The weekly benefit amount and the maximum benefit amount of any claimant who is a seasonal worker shall be calculated in the usual manner as prescribed by the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., but seasonal benefit rights shall be used in the payment of such worker's benefits only when the benefits accrue during weeks of unemployment within the normal seasonal operating period of the industry.
      2. (B) A week of unemployment shall be deemed to be “in”, “within”, or “during” the normal seasonal period if four (4) or more days of the week are included therein.

   5. (2)

      1. (A) In calculating any benefit determination for a seasonal worker as provided in subdivision (d)(1) of this section, there shall be stated, in addition to the weekly and maximum benefit amounts, the amount of:

         1. (i) Seasonal benefits which may be payable only for unemployment occurring within the normal seasonal period of a seasonal industry; and
         2. (ii) Nonseasonal benefits, if any.
      2. (B) Seasonal benefits and nonseasonal benefits may be payable to a seasonal worker in an aggregate amount equal to his or her maximum benefit amount for weeks of unemployment occurring during the normal seasonal operating period of the industry, provided that nonseasonal benefits shall be payable to such worker for unemployment in such period only if his or her seasonal benefits have previously been exhausted.

      3. (C) Nonseasonal benefits shall be payable to a seasonal worker for weeks of unemployment occurring outside such period but shall:

         1. (i) Be based only on wages paid in nonseasonal employment; and
         2. (ii) Not be payable in an aggregate amount greater than the seasonal worker's maximum benefit amount determined according to Arkansas Code §§ 11-10-501 – 11-10-505, less the amounts of any benefits which have previously been paid to such worker during the same benefit year.

   6. (3) Benefits paid to a seasonal worker shall be charged to an employer's experience rating account in the following manner:

      1. (A) Seasonal benefits paid shall be prorated only on the basis of seasonal base period wages and charged in the manner prescribed in Arkansas Code § 11-10-703, to the separate account or accounts of the base period employer or employers that paid the seasonal wages; and
      2. (B) Nonseasonal benefits paid shall be prorated only on the basis of nonseasonal, base period wages and charged in the manner prescribed in Arkansas Code § 11-10-703, to the separate account or accounts of the base period employer or employers that paid the nonseasonal wages.
   7. (4) No wages shall be deemed seasonal if earned prior to the effective date of the determination of such industry as seasonal by the director.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Rule No. 9" "This Rule is hereby amended, promulgated and adopted by the Director, Arkansas Department of Workforce Services, pursuant to Arkansas Code 11-10-506, to read as follows:" "This amended Rule shall take effect and be in full force on and, after July 1, 1989."