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2020 Arkansas Code
Title 11 - Labor and Industrial Relations
Chapter 10 - Division of Workforce Services Law
Subchapter 3 - Administration and Enforcement
§ 11-10-306. Director — Duties and powers generally

Universal Citation: AR Code § 11-10-306 (2020)
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  1. (a) It shall be the duty of the Director of the Division of Workforce Services to administer this chapter.

  2. (b)

    1. (1) The director shall have power and authority to adopt, amend, or rescind such rules, employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he or she deems necessary or suitable to that end.

    2. (2) Beginning on and after January 1, 1995, he or she shall have power and authority to equitably resolve issues involving employers or claimants if the issues are found to be the result of, or due to, agency error.

  3. (c) Rules shall be effective upon publication in the manner, not inconsistent with the provisions of this chapter, which the director shall prescribe.

  4. (d) The director shall determine his or her own organization and methods of procedure in accordance with the provisions of this chapter and shall have an official seal which shall be judicially noticed.

  5. (e) Not later than June 30 of each year, the director shall submit to the Governor a report covering the administration and operation of this chapter during the preceding calendar year and shall make such recommendations for amendments to this chapter as he or she deems proper.

  6. (f)

    1. (1) The reports shall include a balance sheet of the moneys in the funds in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then-current contributions. This reserve shall be set up by the director in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.

    2. (2) Whenever the director believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he or she shall promptly so inform the Governor and the General Assembly, and make recommendations with respect thereto.

  7. (g)

    1. (1) The director, in addition to other provisions of this chapter, is authorized to set up and maintain within the Division of Workforce Services a unit known as the “Enforcement Unit”.

    2. (2) The unit may be maintained by a staff adequate to make investigations, hold hearings, and take testimony in connection with the enforcement of this chapter to the end that fraudulent claims on the part of claimants and the violation of this chapter on the part of employers may be curtailed to the minimum possible.

    3. (3) The employees of the unit shall have authority to make audits, investigate records and books of employers, hold hearings, administer oaths, and subpoena witnesses, papers, books, and records in connection with the investigations.

    4. (4)

      1. (A) The subpoena shall be effective in any part of this state, and any circuit court either in term time or vacation may by order require additional witnesses or the production of other relevant evidence subpoenaed by the director or any other person duly authorized by the director.

      2. (B) The court may compel obedience to its order by procedure of contempt.

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