2018 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Department of Workforce Services Law
Subchapter 3 - Administration and Enforcement
§ 11-10-314. Disclosure of information
(a)
(1) Except as otherwise provided in this section, information obtained by the Director of the Department of Workforce Services from any employing unit or individual pursuant to the administration of this chapter and any determination as to the rights or status of any employer or individual made by the director pursuant to the administration of this chapter shall be held confidential and shall be protected by government privilege.
(2)
(A) The information shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Department of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions brought under provisions of this chapter.
(B) This information shall not be otherwise disclosed or be open to public inspection in any manner revealing the individual's or employing unit's identity.
(b)
(1) Information from the records of the Department of Workforce Services that concerns a claim for benefits shall be available for inspection and copying by any interested party or his or her legal representative to the extent necessary for the proper representation of his or her position in any proceeding under this chapter.
(2) Notwithstanding any other provision of this chapter or any other law:
(A) Any claimant may be supplied, subject to such restrictions as the director may by regulation prescribe, with any information contained in his or her unemployment insurance benefit payment record or on his or her most recent monetary determination;
(B) Any individual or employer may be provided any information from the records of the Department of Workforce Services to the extent that the information was provided by him or her; and
(C) Any job applicant may be provided with evidence of his or her registration for work.
(c) (1) (A) Subject to such restrictions as the director may by regulation prescribe, the confidential information may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, the Internal Revenue Service, the Office of Federal Contract Compliance Programs, the United States Bureau of Labor Statistics of the United States Department of Labor, or any state or federal agency for income or eligibility verification purposes but except as may otherwise be provided in this section and § 11-10-305 [repealed], §§ 11-10-306 -- 11-10-312 and 11-10-315 -- 11-10-318 only as and to the extent mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor.
(B) The information obtained in connection with the administration of the employment service may be made available to persons or agencies for purposes appropriate to the operation of a public employment service.
(2) Upon request, the director shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and the recipient's rights to further benefits under this chapter.
(d) The director may request the Comptroller of the Currency to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this chapter and may in connection with this request transmit any report or return to the comptroller as provided in section 1606(c) [repealed] of the Internal Revenue Code of 1939.
(e) (1) (A) Upon request of a public agency administering or supervising the administration of a state plan of Aid to Families with Dependent Children approved under Part A of Title IV of the Social Security Act, or the administration of a state plan of medical assistance approved under Title XIX of the Social Security Act, the administration of a state plan of food stamps approved under the Food Stamp Act of 1977, Pub. L. No. 95-113, request of a public agency charged with any duty or responsibility authorized or required under the Child Support and Establishment of Paternity Program provisions of Part D of Title IV of the Social Security Act, or request of officers or employees of the United States Department of Agriculture, the director shall furnish to the public agency information contained in the files of the Department of Workforce Services with respect to any individual specified in the request as to whether the individual is receiving, has received, or has made application for unemployment compensation, the date the individual was determined eligible or ineligible, the date the individual's claim was exhausted, the weekly benefit amount actually paid and the date paid, the individual's weekly benefit amount, whether the individual is receiving or has received wages, the name and address of the employer from whom the wages have been received and the amount of any wages received by the individual, the current or most recent home address of the individual, whether the individual has refused an offer of employment, and, if so, a description of the employment so offered, including, but not limited to, the terms, conditions, and rate of pay therefor.
(B) The requesting agency shall reimburse the Department of Workforce Services for costs incurred in providing the requested information.
(2) The director shall promulgate regulations establishing such safeguards as are necessary to ensure that information disclosed as authorized in this section to state and local child support enforcement agency officers and employees is used only for purposes of establishing and collecting child support obligations from and locating individuals owing the obligations and to ensure that information disclosed as authorized in this section to officers and employees of the United States Department of Agriculture and to officers and employees of any state food stamp agency is used only for purposes of determining an individual's eligibility for benefits or the amount of benefits under the food stamp program established under the Food Stamp Act of 1977.
(3) Information requested by the Department of Human Services and the Department of Finance and Administration under this subsection shall be released to the appropriate divisions of the respective departments on a basis in accordance with a plan to be developed between the appropriate division of each department and the Department of Workforce Services.
(4)
(A) In addition to the above, wage information contained in the records of the Department of Workforce Services shall be made available to the extent necessary for purposes of determining an individual's eligibility for aid or services or the amount of the aid or services to which an individual may be entitled under a state plan for aid and services to needy families with children approved under Part A of Title IV of the Social Security Act to a state or political subdivision thereof charged with the responsibility of making the determinations when the information is specifically requested on an individual by name and Social Security number by the state or political subdivision for those purposes.
(B) The governmental agency or entity requesting any information under this subsection shall reimburse the Department of Workforce Services for any and all costs incurred by the agency in making the requested information available.
(5) (A) (i) Officers or employees of the United States Department of Housing and Urban Development and representatives of a public housing agency shall be entitled to certain wage and unemployment compensation information with respect to individuals applying for or participating in any housing assistance program administered by the United States Department of Housing and Urban Development as provided for in Section 303 of the Social Security Act at 42 U.S.C. § 503 but only as and to the extent mandated by Section 904(c) of Pub. L. No. 100-628, the McKinney Homeless Act, and implementing regulations.
(ii) All requests received by the director under this subsection shall be processed within three (3) business days.
(B) The requesting agency shall reimburse the Department of Workforce Services for the costs incurred in providing the requested information.
(f) (1) (A) (i) All records, files, and documents of the Department of Workforce Services pertaining to claims, benefit payments, assessments, contributions, disqualifications for benefits, removals of disqualifications for benefits, charges and credits to accounts, and classification of employers, wherever located, which relate in any way to an employer or an employee of the employer shall be made available at all times for examination by an affected employer, a claimant, or the duly authorized representative of an employer or a claimant.
(ii) But no record, file, or document shall be removed from the custody of the Department of Workforce Services.
(B)
(i) Any information made available under this provision to a claimant shall be information pertaining only to that claimant.
(ii) Any information made available under this provision to an affected employer shall be information pertaining only to that employer.
(2) No finding of fact or conclusion of law contained in a decision of the Department of Workforce Services, an appeals hearing officer, the Board of Review, or a court obtained under this chapter shall have a preclusive effect in any other action or proceeding except proceedings under this chapter.
(g)
(1) To the extent necessary for the proper verification of transactions affecting his or her account as provided in §§ 11-10-701 -- 11-10-715, upon receipt by the director of a request from an affected employer for information concerning benefits paid to a claimant who has been a base period employee of the employer, the director shall, as promptly as possible, furnish information regarding the periods of time for which benefits were paid and the amount of benefits chargeable to the employer that have been paid to the claimant up to the date of the employer's request for each worker the employer properly identifies in his or her request by Social Security account number and name.
(2) However, information regarding benefits charged more than one (1) year prior to the last computation date may not be given.
(h)
(1) Notwithstanding any other provisions of this chapter, information obtained in the administration of this chapter and in the administration of and concerning programs under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, programs by the Department of Workforce Services shall be made available to persons and agencies for purposes appropriate to the Department of Workforce Services' operation and administration of programs under the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128.
(2) Under an agreement between the Department of Workforce Services and the appropriate agencies, the director shall establish safeguards as are necessary to protect the confidential information made available pursuant to this section.
(i) (1) (A) Upon receipt of a subpoena of a Workers' Compensation Commission administrative law judge by the director, information from an individual's claim record or from his or her application for work may be made available to the commission for use in making administrative determinations under the Workers' Compensation Law, § 11-9-101 et seq., in court proceedings under that law, or in other actions reasonably necessary for the proper administration of the law.
(B) Photocopies of Department of Workforce Services records containing the information shall be received in evidence in any court or administrative proceeding had under the law provided that the copies have been sealed with the official seal of the director.
(2) The director shall not be obligated to make the information available unless:
(A) The subpoena is delivered at least five (5) work days prior to the date the information is required; and
(B) Payment of fifty dollars ($50.00) for the cost of producing the information is made or tendered at the time of service of the order or within three (3) working days of service of the order.
(j) For use in furthering the economic development of the State of Arkansas, the director may provide, to the extent that it is available, the following information obtained in the administration of this chapter to the state agencies specified:
(1) The Arkansas Economic Development Council may be provided:
(A) The employer's name, mailing address, and business location in Arkansas; the name of the owner, chief executive officer, or plant manager; the current number of employees; and the code for each employer classified by the agency in Standard Industrial Classification Codes 20-87 or the equivalent classification codes under the North American Industry Classification System; and
(B) The claims status of workers hired by employers under the Arkansas Economic Development Council's Arkansas Enterprise Zone Program authorized by the Arkansas Enterprise Zone Act of 1993, § 15-4-1701 et seq., and the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq., provided that the commission submits a list of workers by name and Social Security number;
(2) The Revenue Division of the Department of Finance and Administration may be provided:
(A) Such information as is required and necessary by the Arkansas Enterprise Zone Act of 1993, § 15-4-1701 et seq., and the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq.;
(B) The net increase in employment at manufacturing and mining establishments as defined in § 26-51-505 that are participating in the manufacturing jobs tax credit program created by § 26-51-505 if the Revenue Division provides a list of employers by name, location, and the period of time for which the data is sought; and
(C) Such information as is necessary for the effective operation of their respective programs to allow cooperation between the Revenue Division and the Department of Workforce Services;
(3) The Arkansas Institute for Economic Advancement of the University of Arkansas at Little Rock may be provided covered wage and employment data by county on a quarterly basis by the two-digit Office of Management and Budget standard industrial classifications or the equivalent classification codes under the North American Industry Classification System;
(4) Arkansas Rehabilitation Services may be provided employer quarterly wage reports and employer names, addresses, and phone numbers;
(5) The Arkansas Department of Transportation may be provided:
(A) The employer's name, the business location in Arkansas, the current number of employees, and the code for each employer classified by the agency in the Standard Industrial Classification Code or the equivalent classification code under the North American Industry Classification System; and
(B) Other information that is necessary for the effective operation of their respective programs in order to allow cooperation between the Arkansas Department of Transportation and the Department of Workforce Services; and
(6) The Arkansas Department of Environmental Quality may be provided the employer's name, mailing address, business location in Arkansas, the current number of employees, and the code for each employer classified by the agency in the Standard Industrial Classification Code or an equivalent classification code under the North American Industry Classification System.
(k)
(1) The state entities specified in subsection (j) of this section are strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to them under the provisions of subsection (j) of this section.
(2) Any publication of employer data by these entities shall be done in strict accordance with the rules used by the agency and as prescribed by the Bureau of Labor Statistics of the United States Department of Labor to prevent the disclosure of individual employer information.
(3) The governmental agency or entity requesting any information under subsection (j) of this section shall reimburse the Department of Workforce Services for any and all costs incurred by the agency in making the requested information available.
(4) Information requested by the state entities specified in subsection (j) of this section shall be released to the appropriate entities in accordance with agreements between these entities and the Department of Workforce Services.
(l)
(1) Upon receipt of an order from a court of record of this state by the director for information pertaining to an individual's current wage file and unemployment benefit payment record as contained in the records of the Department of Workforce Services, the information shall be made available to the court for the purpose of determining an amount of support to be set during a proceeding for the establishment or collection of child support obligations, or both.
(2) A photocopy of the records containing the information or a statement that no information for the requested individual is contained in the file of the Department of Workforce Services under the official seal of the director shall be received into evidence in the court of record.
(3) The court order shall be satisfied by mailing the document under seal directly to the court of record within ten (10) working days of receipt of the court order unless a motion challenging the information is filed or a subpoena is issued requiring the appearance of an employee of the Department of Workforce Services with the court within thirty (30) days prior to the trial.
(4) The director shall comply with the court order for information if the following conditions are met:
(A) The order is delivered at least ten (10) workdays prior to the date that the information is required;
(B) The court order includes the name and Social Security number of the individual for whom information is requested; and
(C) The court order is accompanied by the payment of ten dollars ($10.00) by the moving party seeking the information to the Department of Workforce Services for costs associated with producing the information.
(5) Provided, however, the Department of Workforce Services may not release information under this subsection if the United States Secretary of Labor rules that release of the information would be grounds to find that the state is in substantial noncompliance with 42 U.S.C. § 503 or 26 U.S.C. § 3304.
(m)
(1) Beginning on and after January 1, 1995, the State Insurance Department may be provided with the name and address of any lessor employing unit as defined in § 11-10-717(e).
(2) The State Insurance Department shall be strictly prohibited from making any disclosure or redisclosure of any record containing confidential information provided by the Department of Workforce Services under this subsection.
(n) (1) Beginning on and after January 1, 1995, the Workers' Health and Safety Division of the Workers' Compensation Commission may be furnished, for production of the extra-hazardous employer identification formula, the following data to the extent that such data is maintained in the department's computer database:
(A) Employer name;
(B) Federal employer identification number;
(C) Employer address and plant locations in Arkansas;
(D) Employer telephone number;
(E) Employer standard industrial classification code;
(F) Maximum number of employees by calendar year;
(G) Unemployment insurance account number; and
(H) Reporting unit number.
(2)
(A) The Workers' Health and Safety Division shall be strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under this subsection.
(B) Additionally, the Workers' Health and Safety Division shall reimburse the Department of Workforce Services for any and all costs incurred by the Department of Workforce Services in making the information available.
(o)
(1) Effective July 1, 1997, the director may provide information or take other actions necessitated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. No. 104-193.
(2) The director may furnish wage and claim information to the state and national New Hire Directories created by Pub. L. No. 104-193 for the purposes of locating individuals to establish paternity and to establish, modify, or enforce child support orders. The director may authorize state and local child support enforcement agencies to disclose unemployment compensation data to an agent and may permit state and local child support enforcement agencies to access such data for establishing paternity and other purposes.
(3) Information requested pursuant to Pub. L. No. 104-193 shall only be released in accordance with an agreement between the Department of Workforce Services and the appropriate state or federal agency. Safeguards protecting the confidentiality of such data and reimbursement of costs for providing such information will be made part of the agreement.
(p) The State Department for Social Security Administration Disability Determination may be provided employee wage files and unemployment claim records for the purpose of investigations for potential fraud. The State Department for Social Security Administration Disability Determination is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under this subsection. Reasonable costs will be required for producing this information.
(q) The Workers' Compensation Fraud Investigation Unit of the State Insurance Department may be furnished pursuant to a subpoena any individual's wage file and unemployment benefit payment record as contained in the records of the Department of Workforce Services. These records are being provided for the sole purpose of investigating potential workers' compensation fraud. The unit is strictly prohibited from making any disclosure or redisclosure of the confidential information which may be made available to it under the provisions of this subsection. However, records provided to the unit pursuant to this subsection may be made part of a unit's referral for criminal charges to a local prosecutor under § 11-9-106(d)(3) and used in any resulting criminal trial or prosecution, including cases tried by employees of the unit under the provisions of § 11-9-106(e)(2). Reasonable costs may be required for producing the subpoenaed information.
(r)
(1) The director, pursuant to a valid subpoena issued by a state prosecuting attorney, the Attorney General, a United States Attorney, a United States Magistrate Judge, or the Federal Bureau of Investigation, may release information in the possession of the Department of Workforce Services to law enforcement officials who seek unemployment information for the investigation or prosecution of a crime or to enforce an order of a court in a criminal matter.
(2) Nothing in this section shall be deemed to prohibit the Department of Workforce Services from providing information subpoenaed by the Attorney General in any case.
(3)
(A) The director may release information in the possession of the Department of Workforce Services to federal public officials in the performance of their official duties acting through the United States Attorney's office.
(B) The information will be disclosed under an information exchange agreement with the United States Attorney's office, which will ensure the protection of the confidentiality of the information and the cost of providing the information.
(4) In cases except as provided in subdivision (r)(1) of this section, the director shall:
(A) First move to quash the subpoena; and
(B) Honor the subpoena and subpoenas dealing with similar subject matter, but only if a court of competent jurisdiction finds that the need to examine the subpoenaed information outweighs the express policy of maintaining confidentiality in matters involving individuals and employers dealing with the Department of Workforce Services.
(s)
(1) To perform audit and compliance duties, the Department of Finance and Administration may be provided unemployment insurance contribution information reported by companies doing business in Arkansas, including without limitation employer name, employer address, employer telephone number, federal employer identification number, and tax identification number of employees.
(2) The Department of Finance and Administration shall not make any disclosure or redisclosure of the confidential information provided under subdivision (s)(1) of this section.
