2010 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Department of Workforce Services Law
Subchapter 9 - Division of State New Hire Registry
§ 11-10-902 - Reporting requirements -- Enforcement of child support obligations -- Confidentiality.

11-10-902. Reporting requirements -- Enforcement of child support obligations -- Confidentiality.

(a) As used in this section:

(1) "Administrator" means the administrator of the State New Hire Registry;

(2) "Employee" means an individual who is an employee as defined in Chapter 24 of the Internal Revenue Code of 1986 but does not include an employee of a federal or state agency performing intelligence or counterintelligence operations if the head of the agency has determined that reporting pursuant to subsection (b) of this section could endanger the safety of the employee or could compromise an ongoing operation or investigation;

(3) "Employer" means an employer as that term is defined in 3401(d) of the Internal Revenue Code of 1986 and includes any labor organization and any governmental entity; and

(4) "Labor organization" means a labor organization as that term is defined in 2(5) of the National Labor Relations Act and includes any entity, sometimes known as a "hiring hall", that is used by the labor organization and an employer to carry out the requirements listed in 8(f)(3) of the federal act of an agreement between the organization and the employer.

(b) (1) The administrator shall compile an automated state registry of newly hired and returning employees.

(2) An employer shall report electronically or in any manner authorized by the Department of Workforce Services for inclusion in the State New Hire Registry whenever an employee is newly hired or returns to work.

(3) An employer shall include in each report the name, address, and social security number of the employee and the name, address, and federal taxpayer identification number of the employer.

(4) An employer shall make the report by submitting a copy of Internal Revenue Service Form W-4 for the employee or an equivalent form. An employer may transmit the report by first class mail, magnetically, or electronically. If an employer makes the report by mail, the reporting date is that of the postmark. The report shall be received not later than twenty (20) days after the date the employer hires the employee or, in the case of an employer transmitting reports magnetically or electronically, by two (2) monthly transmissions, if necessary, not less than twelve (12) days nor more than sixteen (16) days apart.

(5) An employer that has employees employed in two (2) or more states and transmits reports magnetically or electronically may comply with the reporting requirements of this section by designating one (1) state in which the employer has employees and to which the employer will transmit the report required by this section. Any employer that transmits reports shall notify the Secretary of the Department of Health and Human Services in writing as to which state the employer designates for the purpose of sending reports.

(c) (1) Information reported pursuant to this section shall be entered into the State New Hire Registry database maintained by the Department of Workforce Services or its designated contractor within five (5) business days of receipt from an employer. As used herein, "business day" means a day on which state offices are open for regular business.

(2) Within two (2) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall transmit a notice to the employer directing the employer to withhold from the income of the employee an amount equal to the monthly or other periodic child support obligation, including any past due child support obligation, of the employee.

(3) Within three (3) business days after the date information regarding a newly hired employee is entered into the State New Hire Registry, the Department of Workforce Services or its designated contractor shall furnish the information to the National Directory of New Hires.

(4) On a quarterly basis, the State New Hire Registry shall furnish to the National Directory of New Hires extracts of reporting required to be made to the Secretary of Labor concerning the wages and unemployment compensation paid to individuals by such dates, in such format, and containing such information as the Secretary of the Department of Health and Human Services shall specify in regulations.

(5) (A) The Department of Human Services shall have access to information reported by employers pursuant to this section for the purpose of verifying eligibility for programs pursuant to 42 U.S.C. 1320b-7.

(B) The Department of Workforce Services shall have access to information reported by employers pursuant to this section for purposes of administering the Department of Workforce Services's programs.

(C) The Workers' Compensation Commission shall have access to information reported by employers pursuant to this section for purposes of administering the workers' compensation programs.

(d) (1) The Department of Workforce Services shall directly or by contract conduct automated comparisons of the social security numbers reported by employers and the social security numbers appearing within records of the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration for cases being enforced under the Title IV -- D State Plan.

(2) When an information comparison reveals a match with respect to the social security number of an individual required to provide child support under a support order, the State New Hire Registry shall immediately provide the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration with the name, address, and social security number of the employee to whom the social security number is assigned and the name, address, and federal employer identification number of the employer.

(e) The Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration shall use information received pursuant to subsection (d) of this section to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations and may disclose that information to its agents under contract for purposes connected to the administration of the Title IV-D Child Support Program.

(f) All information gathered and maintained by the State New Hire Registry:

(1) Shall be held confidential and be utilized solely for the purposes authorized in this section; and

(2) Is an exception to the open public record requirements of the Freedom of Information Act of 1967, 25-19-101 et seq.

(g) To the maximum extent allowable, all expenses associated with the development and operation of the State New Hire Registry shall be reimbursed through available funding under the Title IV-D Child Support Program.