§ 11-10-519 — Disqualification - Penalty for false statement or misrepresentation

Arkansas § 11-10-519

• Jurisdiction: Arkansas
• Title: 11

Text

(a) If so found by the Director of the Division of Workforce Services, an individual shall be disqualified for benefits: (1) (A) If he or she willfully makes a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in filing an initial claim or a claim renewal, he or she shall be disqualified from the effective date of the disqualification until he or she has twenty (20) weeks of employment in each of which he or she has earned wages equal to at least his or her weekly benefit amount. (B) (i) In addition to the twenty-week disqualification in subdivision (a)(1)(A) of this section, any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (ii) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; (2) (A) For any continued week claimed with respect to which the employee has willfully made a false statement or misrepresentation of a material fact or willfully fails to disclose a material fact in obtaining or attempting to obtain any benefits, and for an additional thirteen (13) weeks of unemployment, as defined in § 11-10-512 , and which shall commence with Sunday of the first week with respect to which a claim is filed commencing with the week of delivery or mailing of the determination of disqualification under this section. (B) (i) In addition to the thirteen (13) weeks of disqualification, a disqualification of three (3) weeks shall be imposed for each week of failure or falsification. (ii) (a) Any weekly benefits payable subsequent to the date of delivery or mailing of the determination shall be terminated. (b) The termination shall apply only to benefits payable within the benefit year of the claim with respect to which the claimant willfully made a false statement or misrepresentation; and (3) (A) The disqualification shall not be applied after five (5) years have elapsed from the date of delivery or mailing of the determination of disqualification under this section. (B) (i) A person who is disqualified for benefits under this section shall be liable for repayment of any benefits determined to have been collected fraudulently, as well as any other penalties, interest, and costs assessed as a result of the fraudulent activity. (ii) Beginning on and after October 1, 2023, if it is determined that there is a fraudulent overpayment of one thousand dollars ($1,000) or more under § 11-10-532 , then a person shall be disqualified for benefits for ten (10) years beginning on the effective date of the determination finding that the person knowingly made a false representation of a material fact or failed to disclose a material fact in filing an initial claim, a claim renewal, or a continued weekly claim. (iii) Until the liabilities have been repaid, the person shall forfeit any right to receive benefits under this chapter. (b) Upon request of the Legislative Council, the Division of Workforce Services shall provide reports regarding unemployment insurance claim fraud and its efforts to prevent the fraud.

Legislative History

Amended by Act 2023, No. 854,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 453,§ 8, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 247, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 248, eff. 7/1/2019. Amended by Act 2013, No. 1242,§ 1, eff. 8/16/2013. Acts 1941, No. 391, § 5; 1949, No. 155, § 5; 1955, No. 395, § 19; 1963, No. 93, § 6; 1971, No. 35, § 9; 1983, No. 482, § 21; A.S.A. 1947, § 81-1106; Acts 2001, No. 1367, § 7; 2003, No. 1223, § 7.