Arkansas Administrative Code

11 CAR § 12-404. Insurance. (a) An entertainment work permit will not be issued unless provision is made by the employer to provide workers compensation coverage or insurance for injury or death caused by an accident when the accident hazard arises while the child is on the busin…

11 CAR § 12-405. Safety and supervision. (a)(1) The parent or guardian of a child must be present at all times the child is at the place of employment, and will accompany the child to wardrobe, makeup, hairdressing, and dressing room facilities. (2) The parent or guardian may des…

11 CAR § 12-406. Schooling. An entertainment work permit does not authorize a child to be absent from school in violation of the requirements of state law or administrative rules or policies of the: (1) State Board of Education; (2) Department of Education; or (3) Local school bo…

11 CAR § 12-501. Children under sixteen (16) years of age. No child under the age of sixteen (16) years shall be employed, permitted, or suffered to work: (1) More than six (6) days in any week; (2) More than forty-eight (48) hours in any week; (3) More than eight (8) hours in an…

11 CAR § 12-502. Children sixteen (16) years of age. (a) No child sixteen (16) years of age shall be employed, permitted, or suffered to work: (1) More than six (6) days in any week; (2) More than fifty-four (54) hours in any week; (3) More than ten (10) consecutive hours in any …

11 CAR § 12-601. Records to be maintained. (a) Every employer of a child under seventeen (17) years of age, whether partially or fully exempted from the Minimum Wage Act of the State of Arkansas, Arkansas Code § 11-4-201 et seq., shall maintain complete and accurate records which…

11 CAR § 12-602. Record accessibility. (a) All records required by 11 CAR § 12-601 shall be open for inspection or transcription by the Director of the Division of Labor or his or her authorized representative during normal business hours at the place of employment. (b) Any enter…

11 CAR § 12-603. Record retention. (a) All records required by 11 CAR § 12-601 shall be retained by employers for a period of three (3) years. (b) Any entertainment work permit issued pursuant to 11 CAR § 12-402 must be retained by employers for a period of three (3) years follow…

11 CAR § 12-701. Civil penalties. (a)(1) Any person, firm, corporation, partnership, association, parent, guardian, or custodian who violates Arkansas Code § 11-6-101 et seq., or Arkansas Code § 11-12-101 et seq., or any rules issued thereunder, shall be subject to a civil penalt…

11 CAR § 12-702. Civil penalty assessment. (a) If upon inspection or investigation, the Labor Standards Section of the Division of Labor finds that a person, firm, partnership, or association has violated any of the provisions of Arkansas Code § 11-6-101 et seq., or Arkansas Code…

11 CAR § 12-703. Contesting a civil penalty. (a)(1) An individual or entity may contest the imposition of a civil penalty by filing a written request for a hearing with: Director of the Division of Labor 900 West Capitol, Suite 400 Little Rock, Arkansas 72201 (2) The written requ…

11 CAR § 12-801. Criminal referrals, prosecutions, and investigations. (a) Any individual or entity that violates Arkansas Code § 11-6-101 et seq. is subject to criminal penalties under Arkansas Code § 11-6-103. (b) The Labor Standards Section of the Division of Labor may refer a…

11 CAR § 13-101. Purpose. (a)(1) The purpose of this rule is to provide for the enforcement and administration of Arkansas Code § 11-3-203. (2) In general, the statute provides that it is unlawful for any person, partnership, association, or corporation, either for himself or her…

11 CAR § 13-102. Definitions. As used in this part and Arkansas Code § 11-3-203: (1)(A) "Illegal drug" means any controlled substance which is unlawful for a particular employee or applicant to possess or use. (B) This includes prescription medication for which an employee or app…

11 CAR § 13-103. General requirements. (a)(1) The employer shall provide the Division of Labor upon request a copy of any written agreement which would require an employee to bear the cost of future drug tests or screens following a positive test. (2) Such an agreement shall be m…

11 CAR § 13-104. Enforcement. (a)(1) Notice of assessment or claim. (2) In the event the Labor Standards Section determines that there has been a violation of Arkansas Code § 11-3-203, or this part, following an investigation of the matter, notice to the employer shall be given i…

11 CAR § 14-101. Purpose. (a) The purpose of this part is to provide clarification for the enforcement and administration of Arkansas Code § 11-2-124. (b) In general, the statute provides that an employer shall not require, request, suggest, or cause a current or prospective empl…

11 CAR § 14-102. Definitions. As used in this part and Arkansas Code § 11-2-124(b): (1) “Agent, representative, or designee of the employer” means an individual with supervisory, managerial, or operational control over the work of an employee, including a human resources officer,…

11 CAR § 14-103. Acts not prohibited. The following acts are not prohibited by this part or Arkansas Code § 11-2-124: (1) The act of issuing an invitation to add a current or prospective employee through a social media account, in itself, is not prohibited; (2) Nothing in the sta…

11 CAR § 14-104. Enforcement. (a) The Division of Labor shall not refer any violations of Arkansas Code § 11-2-124 for criminal prosecution. (b) In the event the Labor Standards Division determines that there has been a violation of Arkansas Code § 11-2-124 or this part, followin…

11 CAR § 15-101. Purpose and scope. (a) The purpose of this part is to establish minimum safety standards for employees performing operation or maintenance work or construction work on electric power generation, transmission, or distribution installations and facilities. (b) This…

11 CAR § 15-102. Minimum standards. (a) The following are hereby adopted by reference and incorporated herein: (1) Occupational Safety and Health Administration Safety and Health Regulations for Construction, Power Transmission and Distribution, 29 C.F.R. §§ 1926.950-960 (1992); …

11 CAR § 15-103. Review and update. (a)(1) This part shall be reviewed at least annually by the Administrator of the Workers’ Health and Safety Division. (2) If there has been any change in the federal regulations or proposed regulations adopted by reference herein, the administr…

11 CAR § 15-104. Public information. (a) Within six (6) months of the effective date of this part, the Workers’ Health and Safety Division shall develop and make available to the public an informative publication written in nontechnical terms, explaining the requirements of this …

11 CAR § 25-101. Commission location and sessions. (a) The office of the Workers’ Compensation Commission is in Little Rock. (b) The commission shall: (1) Remain in continuous session; and (2) In addition, meet as a body at the call of the Chair of the Workers’ Compensation Commi…

11 CAR § 25-102. Carrier reporting requirement. (a) Every carrier that writes workers’ compensation insurance in the State of Arkansas shall report to the National Council on Compensation Insurance (NCCI) all policy information in accordance with the NCCI reporting guidelines. (b…

11 CAR § 25-103. Termination of coverage by insurance carrier — Employer to obtain new coverage. (a)(1) Cancellation or termination by a carrier prior to the expiration date of any policy shall follow the statutory guidelines for cancellation as prescribed in Arkansas Code § 11-9…

11 CAR § 25-104. Self-insurance program. (a) General — All self-insurers. (1) Definitions. When used in this part, the following words or terms shall have the meaning as described in this section: (A) “Certified audit” means an audit upon which the auditor expresses his or her pr…

11 CAR § 25-105. Reporting injuries or deaths. (a) Employers shall report all on-the-job deaths of their employees to the Workers’ Compensation Commission within ten (10) days, as provided for in Section 34 of the Arkansas Workers’ Compensation Act (Arkansas Statutes § 81-1334), …

11 CAR § 25-106. Weekly benefit waiting period. The waiting period provided for in Section 10, (Arkansas Statutes § 81-1310) shall: (1) Commence on the day after the date of injury; and (2) Be construed to continue for seven (7) calendar days.…

11 CAR § 25-107. Payment of attorneys’ fees by separate check. In all cases where the petition for a fee is presented by attorneys or representatives of a claimant and a fee is granted, the fee shall be paid by separate check.

11 CAR § 25-108. Remands and mandates from courts of superior jurisdiction. Upon rendition by any court of superior jurisdiction of an order or opinion affecting any case over which the Workers’ Compensation Commission has jurisdiction, the parties to the case shall file a copy o…

11 CAR § 25-109. Compensation for amputation of fingers. (a) To achieve uniformity in administration of Initiated Act No. 4 of 1948, § 13(c), (Arkansas Statutes § 81-1313(c)), the following standards shall be applied in computing compensation due for amputation of fingers: (1) Lo…

11 CAR § 25-110. Hearings before commission and administrative law judges. (a) The Workers’ Compensation Commission may, in its discretion, postpone or recess hearings at the instance of either party or on its own motion. (b) No case set for hearing shall be postponed except by a…

11 CAR § 25-111. Pretrial conferences. The Workers’ Compensation Commission or an administrative law judge may direct the parties to appear before it for a pretrial conference.

11 CAR § 25-112. Depositions. (a) Depositions may be taken and discovery had by any party after the claim has been controverted in accordance with the statutory provisions and rule of civil procedure relating to civil actions in the chancery and circuit courts of this state, unle…

11 CAR § 25-113. Oral argument. (a) Oral argument may be granted by the Workers’ Compensation Commission if requested in writing within a reasonable time after an appeal is filed. (b) Whether or not requested, oral argument may be required if the commission thinks it necessary or…

11 CAR § 25-114. Filings with the commission or appellate courts. (a) Briefs to the commission. Any party filing briefs with the Workers’ Compensation Commission in connection with any case pending before it for review on appeal shall file an original and two (2) copies thereof. …

11 CAR § 25-115. Joint petition settlements. (a) The joint petition must set forth in detail the reasons its approval will be in the claimant’s best interest as required by Arkansas Code § 11-9-805(b). (b) Joint petition settlements under Arkansas Code § 11-9-805(a) will be heard…

11 CAR § 25-116. Reporting costs, transcription costs, and witness fees. (a) Hearings and transcriptions. (1) The expense of taking and transcribing a hearing, including expenses incurred as a result of providing a non-English language interpreter where necessary before the Worke…

11 CAR § 25-117. Treatment at Veterans Affairs Hospital. (a) In the event an injured workman enters a United States Department of Veterans Affairs hospital for treatment of an on-the-job injury, the hospital, as soon as it ascertains from the injured employee that he or she is su…

11 CAR § 25-118. Replacement of prosthesis. Where a prosthesis (glasses, dentures, artificial limbs, etc.) is damaged or destroyed as a result of an on-the-job accident, the employer or insurance carrier shall bear the expense of repair or replacement of the prosthesis, even thou…

11 CAR § 25-119. Deviation from this part. For good cause shown, the Workers’ Compensation Commission or an administrative law judge may permit deviation from this part insofar as compliance is impossible or impracticable.

11 CAR § 25-120. Scope of review on appeal. (a) Parties appealing or cross-appealing to the full Workers’ Compensation Commission from an order or award of an administrative law judge or a single commissioner shall specify in the notice of appeal or cross-appeal all issues to be …

11 CAR § 25-121. Conferences with legal advisor. (a)(1) Pursuant to Arkansas Code § 11-9-703 and legislative mandate, the Legal Advisor Division is directed to set and to conduct preliminary conferences, called mediation conferences, with the goal of mediating disputed issues bet…

11 CAR § 25-122. Medical reports. (a)(1) Medical reports are to be: (A) Requested by the insurance carrier/self-insured in a timely manner; and (B) Filed with the Workers’ Compensation Commission upon receipt. (2) Medical report filings should be limited to only those reports whi…

11 CAR § 25-123. Death and permanent total disability. (a) Trust fund claims — Death claims. (1) Employers or their designees shall report all work-related deaths by filing forms AR-D and AR-W with the Death and Permanent Total Disability Trust Fund within thirty (30) days of the…

11 CAR § 25-124. Designated claim office — Administrator — Underwriter. (a) Carrier/self-insurer responsibilities. Each insurance carrier or approved self-insurer shall: (1) Designate to the Workers’ Compensation Commission in the form and manner prescribed by the commission: (A)…

11 CAR § 25-125. Medical cost containment program. (a) General provisions. (1) Scope. (A) This section does all of the following: (i)(a) Establishes procedures by which the employer shall furnish, or cause to be furnished, to an employee who receives a personal injury arising out…

11 CAR § 25-126. Accident prevention services. (a) Purpose and scope. (1) The purpose of this section is to promote safer Arkansas workplaces by ensuring that Arkansas employers are provided adequate accident prevention services from their workers’ compensation insurance companie…