1. (a)

   1. (1) Notice of an initial or additional claim filed shall be mailed or otherwise provided by the Division of Workforce Services to the employing unit known to the claimant as his or her last employer.
   2. (2) This notice shall request that the employer immediately furnish pertinent information to the division.

   3. (3)

      1. (A) The last employer shall have ten (10) days from the date the notice was mailed or otherwise provided by the division to file its response.
      2. (B) If mailed, a response shall be considered to have been filed as of the date of the postmark on the envelope.
   4. (4) Provided that if it is determined by the Director of the Division 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.

2. (b)

   1. (1) 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.
   2. (2) This notice shall request that the employer furnish the division pertinent information.

   3. (3)

      1. (A) The requested information shall be filed with the division immediately but no later than fifteen (15) days after the date the notice was originally mailed or otherwise provided by the division.
      2. (B) If mailed, the response shall be considered to have been filed as of the date of the postmark on the envelope.
   4. (4) Provided that if it is determined by the director 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.

3. (c)

   1. (1) Requests for separation information shall be mailed or otherwise provided by the division to the employing unit known to the claimant as his or her last employer.

   2. (2)

      1. (A) This request shall notify the last employer of the deadline for providing the requested information to the division.
      2. (B) If mailed, a response shall be considered to have been filed as of the date of the postmark on the envelope.
   3. (3) Provided that if it is determined by the director that the response was not filed within the specified time in the request for separation information as a result of circumstances beyond the last employer's control, such response may be considered as having been timely filed.
4. (d) Upon commencement of a labor dispute, the affected employer shall, upon request, promptly furnish the nearest division 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.

5. (e)

   1. (1)

      1. (A) An employer, upon request, shall furnish to the division wage information for workers filing claims in another state under an approved interstate combined-wage plan when such wages are in the base period of the paying state but have not yet been reported on a quarterly wage report.
      2. (B) An employer shall furnish such information within ten (10) days from the date the request is mailed.

   2. (2)

      1. (A) Whenever an employer fails to provide wage information as requested for an interstate combined-wage plan claim within the required ten (10) days from the time the request is mailed, the division 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 division.
      2. (B) Except, as provided under Arkansas Code § 11-10-106 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., if it is determined that the wage information supplied by the claimant is erroneous, no penalty shall be imposed on the claimant.
   3. (3) 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 combined-wage plan on the basis of such wage credits.

6. (f)

   1. (1) Except as hereinafter provided, a last employer shall not be eligible for the noncharge provisions authorized in Arkansas Code § 11-10-703 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., unless it has timely responded in compliance with subsection (a) of this section.

   2. (2)

      1. (A) It shall be assumed that any last employer that fails to respond in compliance with subsection (a) of this section agrees that the reason for separation as given by the claimant is correct.
      2. (B) Its failure to respond shall not affect its noncharge rights if the reason for separation given by the claimant would have otherwise resulted in the noncharging of benefits to the employer's account.
   3. (3) The employer’s failure to timely respond, however, shall constitute a waiver of any right it may have to protest charges to its experience rating account of benefits paid as a result of such nonmonetary determination.

7. (g)

   1. (1)

      1. (A) No employer’s account shall be relieved of charges arising from an overpayment of benefits as provided in Arkansas Code § 11-10-703 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., if:

8. (i) The overpayment of benefits is the result of the failure of the employer or the employer’s agent to respond timely or adequately to a request for information from the division; and

   1. (ii) The employer’s agent has established a pattern of failing to respond to such requests.

      1. (B) As used in this part:

         1. (i) “Adequately” means the employer or the employer’s agent substantially and accurately completed the division’s forms with sufficient factual information necessary to render an accurate determination of eligibility for unemployment insurance benefits;
         2. (ii)
9. (a) (a) “Pattern” means, in the preceding calendar quarter, the employer or the employer’s agent failed to timely or adequately respond to at least fifty-one percent (51%) of requests for information sent to it by the division related to the establishment of an unemployment insurance claim.

10. (b) (b) However, an employer that is party to five (5) or fewer potentially disqualifying determinations during the preceding calendar quarter shall not be deemed to have a pattern of failing to timely or adequately respond unless it has failed to respond to at least three (3) requests for information in the preceding calendar quarter; and

    1. (iii)
11. (a) (a) “Timely” means the employer or the employer’s agent responded to the division’s written requests for information as specified on the form.

12. (b) (b) Provided that if it is determined by the director that the response was not timely as a result of circumstances beyond the employer's control, such response may be considered as having been timely filed.

    1. (2)

       1. (A) At the end of each calendar quarter, or as soon thereafter as possible, the division shall notify an employer or its agent of the intent to place the employer on a list of employers that have been determined to have established a pattern of failing to timely or adequately respond to requests for information from the division.

       2. (B)

          1. (i) The notification shall become conclusive and binding upon the employer unless within fifteen (15) days after the mailing of the notice the employer requests an administrative review of the notice issued by the division.
          2. (ii) Provided that if it is determined by the director that the response was not filed within the fifteen-day period as a result of circumstances beyond the employer's control, such response may be considered as having been timely filed.
       3. (C) An employer that is determined to have established a pattern of failing to timely or adequately respond to requests for information shall continue to remain on the list of employers ineligible to be provided relief from charges pursuant to Arkansas Code § 11-10-703(a)(6) until the employer has responded timely or adequately to requests for information for two (2) consecutive calendar quarters.
    2. (3) Determinations by the division prohibiting the relief of charges pursuant to subsection (g) of this section shall be subject to protest or appeal as set forth in Arkansas Code § 11-10-707 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq.

13. (h)

    1. (1) 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 Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., unless it has timely responded in accordance with subsection (b) of this section.
    2. (2) In addition, any employer seeking to qualify for noncharging under the part-time provision of Arkansas Code § 11-10-703 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., shall provide such information on wages and hours of work as the director shall request.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "Rule No. 15" "This Rule is hereby amended, promulgated and adopted by the Director of the Arkansas Department of Workforce Services, pursuant to Arkansas Code 11-10-703 to read as follows:" "This amended Rule shall take effect and be in full force on and after March 1, 2014."