§ 11-10-314 — Disclosure of information

Arkansas § 11-10-314

• Jurisdiction: Arkansas
• Title: 11

Text

(a) (1) Except as otherwise provided in this section, information obtained by the Director of the Division of Workforce Services from any employing unit or individual pursuant to the administration of this chapter, and the methods used by the Division of Workforce Services to identify and investigate fraudulent claims, 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, shall be protected by government privilege, and are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) (A) The information in subdivision (a)(1) of this section shall not be used in any action or proceeding before any court, administrative tribunal, or body except those created by this chapter unless the Division of Workforce Services is a party, a real party in interest, or a complainant therein or unless the litigation involves criminal actions associated with 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) Upon request, information from the records of the Division of Workforce Services that concerns a claim for benefits shall be provided to any interested party 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) Upon request, a claimant may be provided with any information contained only in the payment record of his or her unemployment insurance benefit claim or with information on his or her most recent monetary determination; (B) In the absence of a pending proceeding under this chapter, confidential information from the records of the Division of Workforce Services may upon request be provided only to an: (i) Individual to the extent that the information was provided by that individual; or (ii) Employer to the extent that the information was provided by that employer; and (C) Upon request, a job applicant may be provided with evidence of his or her registration for work. (3) An individual or employer who may obtain confidential information under this subsection may authorize the disclosure of the confidential information on his or her behalf on the basis of informed consent as follows: (A) To an agent who acts for or in the place of an individual or an employer by the authority of that individual or employer as follows: (i) Upon presentation of a written release from the individual or business being represented, or if a release is not practical, upon the presentation of a form of consent as is permitted by the agency in accordance with state law; (ii) In the case of an elected official performing constituent services, upon presentation by the official of reasonable evidence, including a letter from the individual or employer requesting the official's assistance or a written record of a telephone or electronic request from the individual or employer, that the individual or employer has authorized the disclosure; or (iii) In the case of an attorney retained for purposes related to unemployment compensation law, upon the attorney's asserting that he or she represents the individual or employer in that matter; or (B) To a third party, other than an agent, or a disclosure made on an ongoing basis even if to an agent, but only if: (i) The recipient of the confidential information obtains a written release from the individual or employer to whom the information pertains that: (a) Is signed by the individual or employer to whom the confidential information pertains; (b) Contains a statement specifically identifying the confidential information to be disclosed; (c) Contains a statement that state government files will be accessed to obtain the confidential information; (d) Contains a statement of the specific purpose or purposes for which the confidential information is sought, and a statement that confidential information obtained under the release will be used only for that purpose or purposes; and (e) Contains a statement indicating all the parties who may receive the confidential information disclosed; and (ii) The purpose for which confidential information may be disclosed under subdivision (b)(3)(B)(i) of this section is limited to: (a) Providing a service or benefit to the individual signing the release that such individual expects to receive as a result of signing the release; or (b) Carrying out administration or evaluation of a public program to which the release pertains. (c) (1) Except as otherwise provided in this section, upon request, the director may provide the confidential information to a public official for use in the performance of his or her official duties in compliance with applicable state and federal law. (2) Confidential information that may be disclosed to a public official may also be disclosed to the agent or contractor of the public official, subject to the same terms and conditions applicable to the disclosure to the public official and subject to the written agreement between the director and the public official that the public official shall be responsible for ensuring that the agent or contractor complies with the requirements of applicable state and federal law. (d) (1) (A) The confidential information may be made available to any agency of this or any other state, or to any federal agency charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, to the Internal Revenue Service for unemployment compensation tax administration, to the United States Citizenship and Immigration Services for verifying the claimant's immigration status, to the Office of Federal Contract Compliance Programs, to the United States Bureau of Labor Statistics for use exclusively for statistical purposes under a cooperative agreement, or to any state or federal agency for income or eligibility verification purposes if mandated by Pub. L. No. 98-369 and implementing regulations promulgated thereunder by the United States Department of Labor or unless otherwise provided for in this section and §§ 11-10-306 - 11-10-312 and 11-10-315 - 11-10-318 . (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. (e) The director may request the United States 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 United States Comptroller of the Currency as provided in applicable state and federal law. (f) Upon request, the director shall make unemployment compensation records available to the United States Railroad Retirement Board and shall furnish copies of the records to the United States Railroad Retirement Board as the United States Railroad Retirement Board deems necessary for its purposes. (g) (1) 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, by the Division of Workforce Services, in compliance with applicable state and federal law, may be disclosed: (A) To public officials; (B) To agents or contractors of public officials; and (C) On the basis of informed consent. (2) (A) In order to comply with section 116(e)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, the director shall, to the extent practicable, cooperate in the conduct of evaluations of state programs as identified in section 116(e)(1) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, including related research projects and as provided for by the United States Secretary of Labor or the United States Secretary of Education. (B) Upon request, the director shall make confidential information available to a federal official or an agent or contractor of a federal official requesting the information in the course of the evaluations. (h) (1) (A) Upon request of a public agency administering or supervising the administration of a state plan of Temporary Assistance for Needy Families 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 Division 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 Division of Workforce Services for costs incurred in providing the requested information. (2) The director shall promulgate rules 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 Division of Workforce Services. (4) (A) In addition to the above, wage information contained in the records of the Division 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 Division 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 Division of Workforce Services for the costs incurred in providing the requested information. (i) (1) (A) (i) All records, files, and documents of the Division 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 Division 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 Division 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. (j) (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 number and name. (2) However, information regarding benefits charged more than one (1) year prior to the last computation date may not be given. (k) (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 Workers' Compensation 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 Division 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. (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 Division 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 Division 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 Division 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 Division of Workforce Services for costs associated with producing the information. (5) Provided, however, the Division 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) 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 Division 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. (n) 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. (o) The Workers' Compensation Fraud Investigation Unit may be furnished pursuant to a subpoena any individual's wage file and unemployment benefit payment record as contained in the records of the Division of Workforce Services. These records are being provided for the sole purpose of investigating potential workers' compensation fraud. The Workers' Compensation Fraud Investigation 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 Workers' Compensation Fraud Investigation Unit pursuant to this subsection may be made part of a Workers' Compensation Fraud Investigation Unit 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 Workers' Compensation Fraud Investigation Unit under the provisions of § 11-9-106(e)(2) . Reasonable costs may be required for producing the subpoenaed information. (p) (1) (A) The director or a recipient of confidential information, when served with a subpoena or other compulsory process for production of confidential information or testimony upon a matter concerning the confidential information, shall file and diligently pursue a motion to quash the subpoena or other compulsory process if the court has not already ruled on the disclosure or if other means of avoiding the disclosure are unsuccessful. (B) The director or recipient of confidential information may disclose the confidential information only if the motion to quash is denied, but then only under such terms as the court orders to protect the confidentiality of the information and to reimburse the costs of disclosure to the Division of Workforce Services. (C) The recipient of confidential information, as a condition of receiving such information, shall be required to notify the director immediately upon being served with a subpoena or other compulsory process seeking disclosure of confidential information. (2) The motion to quash is not required by the director if: (A) The subpoena or other compulsory process has been served, and a court of competent jurisdiction has previously issued a binding precedential decision that requires disclosures of this type, or a well-established pattern of prior court decisions has required disclosures of this type; or (B) (i) The subpoena is issued by a local, state, or federal governmental official with authority to obtain the information by subpoena, other than a clerk of court on behalf of a litigant. (ii) The director may provide the confidential information to these officials without the actual issuance of a subpoena if the official provides the director with information from which the director may determine that the official has subpoena authority for the information to be disclosed in compliance with the requirements of applicable state and federal law. (3) (A) The director may release information in the possession of the Division 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. (q) (1) To perform audit and compliance duties, federal and state agencies 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 recipient agency shall not make any disclosure or redisclosure of the confidential information provided under subdivision (q)(1) of this section. (r) (1) (A) Grant funds paid to the state for unemployment compensation administration may be used to pay only the costs of those disclosures necessary for the proper administration of the unemployment compensation program in accordance with the requirements of applicable state and federal law. (B) All other costs for disclosures of confidential information shall be paid to the Division of Workforce Services by the recipient as a condition of receipt of the information in accordance with the requirements of applicable state and federal law. (2) (A) The director and the recipient of confidential data under this section shall enter into a data-sharing agreement in accordance with the requirements of applicable state and federal law. (B) In the event that a data-sharing agreement is not required, the recipient shall safeguard and hold secure the confidential data in accordance with the requirements of applicable state and federal law. (C) A publication of an analysis of confidential data shall be done in strict accordance with the rules used by the agency and as prescribed by the United States Bureau of Labor Statistics to prevent the disclosure of individual employer or individual claimant information, unless otherwise specifically authorized by federal law.

Legislative History

Amended by Act 2023, No. 197,§ 2, eff. 3/6/2023. Amended by Act 2021, No. 649,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 8, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 6, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 649,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 815, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 814, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 813, eff. 7/24/2019. Amended by Act 2019, No. 242,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 220, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 219, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 218, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 217, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 216, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 215, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 214, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 213, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 212, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 211, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 210, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 209, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 208, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 207, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 206, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 205, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 204, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 203, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 202, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 201, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 14, eff. 8/1/2017. Amended by Act 2015, No. 907,§ 1, eff. 7/1/2015. Acts 1941, No. 391, § 11; 1949, No. 155, § 13; 1977, No. 226, § 1; 1977, No. 376, § 15; 1981, No. 43, § 16; 1983, No. 482, § 32; 1985, No. 8, §§ 17-21; 1985, No. 9, §§ 17-21; 1985, No. 293, § 1; 1985, No. 923, § 1; A.S.A. 1947, § 81-1114; Acts 1987, No. 753, § 19; 1989, No. 420, §§ 3, 4; 1991, No. 100, §§ 17-21; 1991, No. 869, § 1; 1993, No. 6, § 4; 1995, No. 519, §§ 3, 4; 1997, No. 234, §§ 7-11; 1997, No. 540, § 14; 1999, No. 1116, §§ 6-8; 2001, No. 1367, §§ 1, 2; 2001, No. 1467, § 2; 2001, No. 1477, § 1; 2003, No. 1223, § 3; 2003, No. 1341, §§ 1, 2; 2005, No. 1845, § 2; 2009, No. 273, § 1; 2009, No. 504, § 1.