Arkansas Administrative Code

9 CAR § 100-522. Revocation — Definition. As used in this section and 9 CAR § 100-523, “revocation” means the cancelling of a privilege or status that was previously granted by a local or state authority.

9 CAR § 100-523. Revocation — Policy. It is the policy of the Division of Youth Services that the division shall work in conjunction with the respective court systems and its community supervising partners in all cases where petition to pursue revocation of division juvenile rele…

9 CAR § 100-524. Telephone communications — Policy. (a) The Division of Youth Services requires every youth placed in division custody to be afforded the opportunity to communicate via telephonic methods with: (1) The youth’s parents or guardians; (2) The youth’s immediate family…

9 CAR § 100-525. Visitation and family participation — Policy. (a) The Division of Youth Services requires every youth placed in its custody to be afforded the opportunity to receive visits from: (1) The youth’s parents or guardians; (2) The youth’s immediate family members; and …

9 CAR § 100-526. Visitation and family participation — Visitor list. (a)(1) During the intake and assessment process, the youth’s approved visitor list shall be compiled by the Division of Youth Services Case Coordinator. (2) Any changes made to the approved visitors list shall b…

9 CAR § 100-527. Visitation and family participation — Visitation generally. (a) Normal visitation days are: (1) Each Saturday and Sunday; and (2) Major holidays. (b)(1) The facility or program shall provide two (2) eight-hour visitation days per week. (2) Visitation for youth is…

9 CAR § 100-528. Intake — Policy. (a) The Division of Youth Services shall establish and adhere to procedures regarding the intake, assessment, and placement of youth lawfully committed to its custody. (b)(1) Upon receipt of an order committing a youth to its custody, the divisio…

9 CAR § 100-529. Case planning and classification of youth — Case plans. (a) Youth committed to the custody of the Division of Youth Services shall receive comprehensive case plans individually tailored to address the issues that contribute to their delinquent and risky behavior.…

9 CAR § 100-530. Case planning and classification of youth — Risk category. (a) Within the first ten (10) days after commitment, each youth shall be classified into a risk category to determine the most appropriate placement. (b) Risk level shall be determined by: (1) A validated…

9 CAR § 100-531. Case planning and classification of youth — Case plan reviews. (a) Formal case plan reviews shall be conducted by the youth’s multidisciplinary team on a schedule determined by the team: (1) But no less frequently than every ninety (90) days; and (2) On an ad hoc…

9 CAR § 100-532. Case planning and classification of youth — Appeals. (a) Except as provided in subsection (b) of this section, case plans are not appealable through the Division of Youth Services grievance process. (b) Risk-level findings and placement determinations may be appe…

11 CAR § 1-101. Week of unemployment within a benefit year. A week shall be deemed to be within that benefit year which includes four (4) or more days of such week.

11 CAR § 1-102. Claim filing. (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 f…

11 CAR § 1-103. Registration and reporting. (a) An individual shall be ineligible to receive benefits, waiting period credit, or noncompensable week credit under Arkansas Code § 11-10-507 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., for any week i…

11 CAR § 1-104. Work search. (a)(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) In so advisi…

11 CAR § 1-105. Extended benefits. (a)(1) If a claimant who has been paid extended benefits for a week or weeks of unemployment is determined eligible for additional regular benefits for those same weeks of unemployment as a result of a redetermination or an appeal, the extended …

11 CAR § 1-106. Monetary determination notice. (a) Each monetary benefit determination issued to a claimant by the Division of Workforce Services shall include a notice of the claimant's right to: (1) Request a redetermination; or (2) Appeal the determination. (b) The notice shal…

11 CAR § 1-107. Payment of benefits to interstate claimants. (a) As used in this part, unless the context clearly requires otherwise: (1) "Agent state" means any state in which an individual files a claim for benefits from another state; (2)(A) "Interstate benefit payment plan" m…

11 CAR § 1-108. Cancellation and reissuance of benefit checks. (a)(1) Any check issued in payment of benefits returned "undelivered" to the Division of Workforce Services by the United States Postal Service shall be canceled immediately. (2) Upon receipt of the payee's correct ma…

11 CAR § 1-109. Destruction of Division of Workforce Services records. (a) The Director of the Division of Workforce Services is hereby authorized to: (1) Destroy or dispose of any files, records, or other papers, in accordance with applicable law, at any time after same have bee…

11 CAR § 1-110. Determination of General Educational Development and adult basic education courses as training in demand occupations. General Educational Development courses and adult basic education courses will be considered as training in occupations for which there is a subst…

11 CAR § 1-201. Cash value of certain remunerations. (a) The Director of the Division of Workforce Services shall determine or approve the cash value of any payment in kind considered as payment for service performed by an individual which is in addition to, or in lieu of, money …

11 CAR § 1-202. Exclusion of expense allowances and reimbursements from wages. Any allowances or reimbursements for traveling or other expenses made by an employer to any traveling salesperson or other individual shall constitute wages unless: (1) Allowances are identified as suc…

11 CAR § 1-203. Identification of covered workers. The Director of the Division of Workforce Services prescribes that: (1) Each employer shall secure the Social Security number of each worker employed by him or her in employment subject to the Division of Workforce Services Law, …

11 CAR § 1-204. Posting and providing notice to workers. (a) Every employing unit that is or becomes an employer under the provisions of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., shall do the following: (1) Post, on a continuing basis, a printed n…

11 CAR § 1-205. Contribution payments and reports, payments in lieu of contributions, advance payments, and wage reports. (a)(1)(A) Except as otherwise provided in this subsection, each employing unit that is or becomes an employer under the provisions of the Division of Workforc…

11 CAR § 1-206. Termination of coverage. (a) Except as otherwise provided in Arkansas Code § 11-10-403 of the Division of Workforce Services Law, Arkansas Code § 11-10-101 et seq., the following employing units shall cease to be employers subject to said law, either upon approval…

11 CAR § 1-207. Seasonal industries, employer reports, and benefits. (a) Definitions. As used in this section, unless the context clearly requires otherwise: (1)(A) “Industry” means all of that group of employers classified under the same four-digit Standard Industrial Classifica…

11 CAR § 1-208. Group accounts. (a) An application for a group account shall show: (1) Name, address, and established Division of Workforce Services account number of member employing units; (2) Name and address of the authorized group representative; (3) Signatures of each emplo…

11 CAR § 1-209. Contribution rates, voluntary payments, and election of annual payroll. (a)(1) Pending a redetermination of the rate of contribution payable by an employer where an application for a review and redetermination has been filed, the employer shall be liable for the p…

11 CAR § 1-210. Employing units — Keeping of records. (a) Each employing unit shall keep payroll records regarding any individual employed by it so that from an inspection thereof it shall be possible to determine with respect to each worker in its employ: (1) The pay period cove…

11 CAR § 1-211. Employing units — Provision of records to the Division of Workforce Services. (a) Information requested in report forms provided by the Division of Workforce Services shall be provided by the employing unit in accordance with instructions accompanying the forms. (…

11 CAR § 1-212. Notice of claims filed and benefits charged, employer response, and noncharge rights. (a)(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 h…

11 CAR § 1-213. Lessor employing units. (a)(1) Any lessor employing unit desiring to post a bond with the Division of Workforce Services in accordance with Arkansas Code § 11-10-717(e), shall: (A) Also execute a surety bond prepared or approved by the division; and (B) Provide th…

11 CAR § 1-214. Determination of employer when sickness or accident disability payments are made by a third party. (a)(1) Any third party making a payment on account of sickness or accident disability which payment is not excluded from the term "wages" under Arkansas Code § 11-10…

11 CAR § 1-215. Employer coverage hearings. (a)(1) The hearing officer in employer coverage matters shall be a person designated as such in writing by the Director of the Division of Workforce Services. (2) Such designation shall remain in effect until such time as it is revoked …

11 CAR § 1-301. Training Trust Fund Program. (a) The Division of Workforce Services Training Trust Fund Program is hereby established pursuant to Acts 2007, No. 551, as enacted by the Arkansas General Assembly. (b) Purpose. (1)(A) The purpose of the Division of Workforce Services…

11 CAR § 10-101. Statement of organization and operations. (a) The Department of Labor and Licensing is an agency of state government created by Acts 2019, No. 910, Arkansas Code § 25-43-1101 et seq. (b) The Labor Standards Section is a working unit within the Division of Labor o…

11 CAR § 10-102. Information for public guidance. (a) The mailing address and telephone number for the Labor Standards Section is: Labor Standards Section Division of Labor Arkansas Department of Labor and Licensing 900 West Capitol, Suite 400 Little Rock, AR 72201 (501) 682-4599…

11 CAR § 10-103. General organization. (a)(1) The Labor Standards Section is generally divided into an office staff and a field staff. (2) The field staff is composed of investigators. (b) All public meetings will be conducted pursuant to Robert’s Rules of Order and in conformity…

11 CAR § 10-104. Rulemaking. (a) Authority. (1) The Director of the Division of Labor has been authorized by the General Assembly to promulgate rules: (A) Arkansas Code § 11-4-209(a) (minimum wage and overtime); (B) Arkansas Code §§ 11-6-111(b)(2) and 11-12-105(1) (child labor); …

11 CAR § 10-105. Emergency rulemaking. (a) Request for emergency rulemaking. (1) The proponent of a rule may request the Division of Labor to adopt an emergency rule. (2) In addition to the text of the proposed rule or amendment to an existing rule and any other information requi…

11 CAR § 10-106. Declaratory orders. (a) Purpose and use of declaratory orders. (1) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Division of Labor h…

11 CAR § 10-107. Adjudicative hearings. (a) Scope of this rule. (1) This section applies in all administrative adjudications conducted by the Labor Standards Section of the Division of Labor. (2) This procedure is developed to provide a process by which the division formulates or…

11 CAR § 11-1001. Joint employment. (a)(1) A single individual may stand in the relation of an employee to two (2) or more employers at the same time since there is nothing in the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., which prevents an indiv…

11 CAR § 11-101. Minimum wage and overtime. (a) The Minimum Wage Act of the State of Arkansas is codified at Arkansas Code § 11-4-201 et seq. (b) The Director of the Division of Labor is authorized to promulgate administrative rules for the administration and enforcement of the l…

11 CAR § 11-102. Definitions. As used in this part: (1) “Act” means the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq.; (2)(A) “Agriculture” means farming in all its branches and, among other things, includes: (i) The cultivation and tillage of the so…