ALC-Administrative Rules

All right members are gonna call this meeting to order. Members we have no reports from the executive subcommittee this month so we're gonna move right on to the next item on the agenda which would be the administrative directives. That is item C. on your agenda and first up we have the department of corrections. Good morning you could just introduce yourself for the record you can go and get started. Good morning Mr chairman committee members my name is Lindsay Wallace I'm the chief of staff for the department of corrections. I'm here today to report on our second quarter and issuance of directives and memorandums for the department of corrections there were no new or revised memos issued during the second quarter and the following directives were issued we'll begin with secretarial directives for the department of corrections the first one is S. T. twenty twenty one dash zero five on the prison rape elimination act this directive was created to provide a procedure for the implementation of this policy throughout the entire department of corrections it repeal to replace all of the Division policies so we have one policy now that has been re organize to make it more user friendly definitions have hopefully been clarified to make it easier to read and the terms utilized or applicable as a state department wide the policy more closely fits with the specific previous standards and the ria checklist has been revised to make it easier to read and follow. S. the twenty twenty one dash zero seven governs legislative affairs and this secretarial directive was created to ensure effective communication between the department and members and staff of the General Assembly the chief of staff is designated as the department's primary legislative liaison and and is responsible for providing regular and timely updates regarding legislative matters. Secretarial directive twenty twenty one dash zero six governing public relations and release of information the Secretary directive was created to establish procedures for the administration of public relations and release of a fit of offender information department wide these procedures will ensure that the public news media and other law enforcement organizations are informed of the various programs and services and events occurring within the department of corrections. S. the twenty twenty one dash zero eight governed social media this secretarial directive was created to establish the department standards for the administration and management of its various social media platforms and to provide guidance to employees regarding the personal use of social media. Moving on to administrative directives for the division of corrections. Eighty fifteen dash twenty nine was the divisional policy governing the prison rape elimination act which is been repealed and replaced by secretarial directive twenty twenty one dash zero five AM administrative directive twenty sixteen dash thirty one release of inmate records pursuant to the freedom of information act was repealed and replaced by secretarial directive twenty twenty one dash zero six public relations and release of information eighty twenty eighteen dash forty public legislative and news media relations replaced it was replaced in repealed by the secretarial directives governing the legislative affairs and then I'm gonna go ahead and grab the other repeal for them eighty twenty eighteen dash forty one I was there social media policy and it was repealed and replaced by secretarial directive twenty twenty one dash zero eight the social media policy. Administrative directive twenty twenty one dash the zero two M. governs the inmate assistance program this directive was updated to add that any deviation from the policy has to be approved by the Deputy Director chief deputy director or director and inmate assistance are not allowed to have a criminal conviction related to sexual offenses neglect skate or crimes with the propensity for violence and be a part of this program. Administrative directive twenty twenty one dash zero three notification of detainer this directive was updated to clarify that a certified law enforcement officer must serve a warrant on an inmate and provide the inmate with a copy of the warrants languages also added to list the order in which records staff within the Division should contact multiple agencies who have an active detainer on an inmate who is growing out in state will be contacted before out of state and then it will be taken in the order of receipt that we get that detainers. An eighty twenty twenty one dash zero four governing the restraint chair this administrative directive has been updated to add that the completed log for the use of the restraint chair must be reviewed by the warden the following work day after the inmate's behavior has been corrected and is released from control of the restraint chair once authorization is given to use the chair at least one staff member assisting in movement of the inmate must have had training within the past year and use of the restraint chair. Administrative directive twenty twenty one dash zero five governing tuberculosis screening for employees this policy outlines new procedures for tuberculosis screenings for current employees and also for new hires. Administrative directive twenty twenty one dash zero six governing electronically downloadable devices this updates the guidance for the use and possession of media players tablets and then program tablets within our ATC facilities it also establishes some information and governing coals if there is a maintenance issue with any of the tablets just to say that calls are to be recorded in the vendor staff has instructions to turn an appropriate calls over to the proper ABC staff if any occur. Administrative directive twenty twenty one dash zero seven governing control center operations is has been updated to clarify procedures for control centers within the ATC facilities it has been updated to state that before an officer's relief from their shift that an inventory of all equipment shall be conducted before the relieving officer assumes his or her duties. Administrative directive twenty twenty one dash zero eight governing searches of inmates unit searches and control of contraband the administrative directive was updated to clarify that body cavity searches have to be conducted in accordance with procedures outlined in the administrative directives governing body cavity searches and then if a male officer has to conduct a Pat search of a female inmate documentation has to be completed as to why the male officer conducted the search the intent of this policy is that they're all performed fairly and consistent so that there's no neglect or abuse during any of the searches. And the next one is eighty twenty twenty one dash zero nine governing jim up here craters during daylight savings time it was updated to add language that if it is required by the warden or center supervisor the unit chaplain has to submit a inmate sent submit a list of inmates requesting this lay and prior to the deadline the deadline is established by the warden or the center supervisor. And the last policy for the Division of correction is eighty twenty twenty one dash ten and it governs marriages of inmates it was updated to state and approved marriage ceremony can be performed by anyone authorized by law to conduct marriages who is not a bad volunteer or employee of the division of correction I'm also the state of Arkansas does not sanction proxy marriages so proxy marriages were added to this policy to say that they cannot they will not be facilitated within eighty C. nor is the eighty SI bound to recognize a proxy marriage. I'm moving to ministry of directives for the division of community correction eighty seventeen dash thirty three with their policy governing the prison rape elimination act and it was repealed and replaced by the secretarial directive an eighty sixteen dash seventeen agency description public information personal information was repealed from this policy due to the issuance of the secretarial directive on public relations and release of offender information eighty sixteen dash seventeen hi an agency description of public information this was also a partial repeal on based on the social media issuance of the secretarial directive and then eighty nineteen dash eighteen offender case records again this is a partial repeal based on the issuance of the secretarial directive on public relations and release of information and that concludes my report on secretarial directives an administrative directives all right members or any questions on these reports. Seeing none without objection this report will be reviewed and filed are you going to the parole board twelve yes guy go right ahead and this one Shorten's but there were no secretarial are I'm sorry noted ministry of directives or administrative memos issued during the second quarter. That's it that's it members or any questions on the parole board. Ninety nine without objection this report will be reviewed and five thank you can make years Mister chair. Our members are gonna move on to item D.. This will be rules filed the first of his department of commerce. Good morning good morning the guys would just introduce yourself for the record you can go and get started. Yes Sir thank you I will start with the individuals from Arkansas rehabilitation services and then move on to be which would be Division of work for services legacy if you don't mind go ahead and introduce yourself for the record if you don't care straight shoulders director division of workforce services thank you good morning Joe Baxter Commission rehab services. When a member's trolls live for general counsel for a survey of services thank you are you can go ahead ma'am. All rights up I'll be the rules for a part of a here areas policy and procedure manual what you have in front of you are three or one row with three subparts that affect the vocational rehabilitation program that rehab services administers and as you may know that's a federally funded program designed to find jobs for people with disabilities so that these three rules make certain changes to the what we refer to this policy and procedure for that program the first establishes rates of payments or a fee schedule for medical services either inpatient or outpatient those services that areas can provide to our customers as their seeking a job the and the rate the way those rates of payment would work is referred by looking to establish Medicare rates than two Arkansas workers compensation rates if there aren't any published by Medicare and finally as sort of a catchall the agency would be able to pay up to fifty percent of the face value of the of the sale on behalf of one of our customers and we will make every effort to insure the provider accept that as payment in full of the the second sub part of the rule or minor changes for clarification to the small business program that the agency operates speak to who approves the customers proposed small business plan versus the plan for employment at the agency approves for each of its customers and then finally there's an appendix that we're going to add that speaks of the federally required performance indicators for the vocational rehabilitation program such as employment and the second fourth quarter after exit for the customers and things of that nature. Have to take any questions thank you all right members are there any questions on this part. All right seeing none without objection this report we reviewed and filed. Thanks to thank you. Next up we have the Department of Education Division of career and technical education. You start a rule yeah I'm sorry yeah I'm sorry I skipped over B. widget we've got a a rule to review my apologies hang on just one second. Yes are in the right of what's coming okay from legal thank you the Division of work for services. Good morning ma'am you would introduce yourself for the record will go ahead and get started I'm Cindy Euronymous shall returnee for the Division of work for services that's exactly how it's going to pronounce your last name was it thank you go ahead thank you. See here today seeking your review of proposed amended rule five currently of regulation five a requires Arkansas employers to post a printed notice informing their employees that the employer isn't employer under the law and that in the event of their employment unemployment employees might be eligible for unemployment benefits. Proposed amendments to regulation five would change the word regulation to rule throughout and father would add a requirement for employers to give the employee a copy of a notice the form of which is set out in the proposed rule to make them aware the availability of unemployment benefits upon separation of employment and give some directions on where to contact and get information on the possibility of filing for unemployment benefits there are is no penalty for non compliance and it gives the employer the discretion as to the form and manner in which they delivered the notice of is amended rule five. Continues or adopts permanently the provisions of previous emergency rule thirty which was enacted in order to receive federal funding Batum margin see rule expired on December thirty first two thousand twenty. Of I'm happy to take any questions you might have. We have a Senator Rapert you're recognized. Thank you Mr. So mostly Evan what's currently hot bed issue right here. Of the pending. Terminations. for employees that don't receive the vaccine. They have been told or the that the employees have told me. That they have been told numerous things. That you cannot file unemployment. And when I checked yes you can Ballinger Blake may not get it but they're being told something around this. They're being told that four hundred and fifty hours of overtime. Will not be paid. They are being told. Many things that may or may not be true is there anything in this rule. With changing that one word that is going to change anything in this instance and while we have you up there. Can you give. US a good contact. To forward these many people to talk directly to the your division and get first hand information. Yes Sir the the law still stands regarding unemployment insurance and the rights of individuals that are that are. No longer employed and so this notice all it does is it gives that what the notice that was previously or will continue to be posted in the break room or in a public place for employees to see will now have that same information provided to them at their exit so none of that nothing changes in the wording of that provision it only gives that M. ploy an opportunity to have that with their packet when they leave that employer as far as the rights to unemployment we put out statements on that I was looking for it and I can always send it to the committee so that you have it everyone is entitled to file for unemployment and then of course the facts of the case will be considered upon their filing so I'll also send the name of a person that you can direct those emails to for employees that have questions regarding their separation of employment. In this chair I would ask these issue group could send that to staff and get that committee and again when my purpose in even asking this thing like a. A rule change of I'm not doing anything but we're we're in a time where I don't want to give somebody. Also I don't want to give them the wrong information this is a life changing. I move for for many people and how I would like to get him to directly to the agency to answer some of the questions you can answer all the questions probably about the the overtime but that's some pretty serious if an employer is making that statement. and I'm CPO they thank their legal divisions going back to the but some by this work also the pandemic an exporter PDRs in in go get terminated not get a what to do that's that's very concerning to me. Yes Sir will we will be glad to help or will direct them to the department Arkansas department of labor I that is over with the wage an hour federal. Los. In any notices again you saying this I'm an employer any notices or not a penalty if you don't do something but it would be good it to our us to be able to have proper information for employees it separation thank you Sir thank you thank you senator also make sure that you would get that information staff and get it all the committee members senator hill you're recognized thank you Mr chair I'd like to add on will over here behind Senator rise like to add on that you said. Want to go if you want an email address out all of I'm not some phone numbers to be included on that and I would like for to be a phone number where someone can get a hold of someone not push one two three four five so someone can get get a live person because like Senator Rapert said this is a life changing event for all these people in so long people don't have access to the email I'd like to see them have a phone number they can contact someone and be able to actually get a hold of someone. Yes Sir so is there if it's your constituents and will give them the number of the local office and they should be able to get in touch with someone act that local office of who can work their claim thank you thank you thank you senator hill. Members any other questions on this rule. Senator Hammer. Thank you Mr what what is it that drove this rule policy was it legislation or was it just something within the federal guidelines that came down that we had to do it or what was the reason again to receive the federal unemployment benefits back in March of twenty twenty with the cares Act we were required to to put this emergency rule in place for employers to notify employees at separation at that time we've not since that time we've not heard any any concerns from employers and then when that expired in December of twenty twenty we decided to put that into into consideration for a permanent rule as something to to provide more information to the employee at the time of separation and so when the comment public calm during public comment period there were no comments so we expect this to be something that an employer will comply with a just because it does provide more information to the employee. And if a. Employee who's left employment says to you well I was never given that are I was never told that is going to be up to the employers. Personal documentation on the exit of the employee. To defend themselves by that are you gonna take their record above the employee who left if they get told I never got that information are you gonna handle that again there is no penalty for non compliance so they're in there should always be the poster in the break room or or in a public space for employees to city so we would there would be no Penalty or follow up on a city to speak to that she has more information and. absent legislative change there is no penalty associated with non compliance but we do feel that giving a notice to an employer that has accurate information about where to go to file unemployment benefits or numbers provided where to get information on your rights to unemployment will be a white encourage employers to do this to help employees who might otherwise not be aware that they may be entitled is no promise of unemployment benefits but it does the appendix IV to rule five does set out the notice to employees I have to give um and all the information in there should be very helpful to guide employees if they want to be considered or want to file a claim for unemployment but now there is no penalty that would require a legislative change to the statute for us to assess a penalty for non compliance okay into Senator Rice as questions we just ask you directly can a person receive unemployment if they have been terminated because they have not taken the vaccine given the fact that they were a model employee otherwise and the only reason they got terminate with vaccine what's going to be the department's position when those cases come before you as far as for those people would be able to draw unemployment because they've been terminated for not taking the vaccine. I'll send you the comment that we've provided based on that because no decision is made based on of those circumstances takes into consideration all the facts of the claim and then is considered in that decision. Senator Hammer so we're not making decisions based on vaccine or no vaccine or banking decisions based on current law. Federal and state. And you have something prepared that'll tell us what the federal law says as far as employees right to receive unemployment if they've been terminated strictly for not taking the vaccine no Sir there is it will not give you that specific it will say the statement will include the the information of for determination based on employment law. Okay more make a request of you if. If you. Would like to know the number of people. As just begins to roll out that if they are terminated because they did not take the vaccine would like to get that information unless stood in a monthly report for the next three or four months if you would with the. Share count cochairs permission send that to send that to us as a committee you have to put the names just want to know number of people that have been denied unemployment strictly on the basis that they took the vaccine. Can it can that be done. I will I will I will inquire as to your request Senator Hammer as you are aware unemployment claims especially now during the pandemic have multiple issues so just because a person does not receive unemployment it doesn't necessarily mean it was specifically because they did not have the vaccine so I will check with our legal counsel and of and our unemployment insurance director and all of that that in response along with the information to the committee. Okay that's accept it if that's acceptable okay Mr could we if we outside of this report which could we get a update of where we are on the unemployment claims while we. Have mistral person front of a sin and about the how far behind you are on the appeals the the standard things we all want to know about when you suffer from this please if the chair would allow absolutely that's something you have access to a. Of course I do. All these. as of week ending eight twenty one are initial claims for unemployment with we're one thousand two hundred and sixty three initial claims and fourteen thousand eighteen continued claims so can initial claims or those who applied for unemployment that is the that is is continuing to drop throughout the weeks which is which is a was reflected in our on our drop in our unemployment rate that was released this week to four point three percent continued claims also are following that same trend obviously there's no pandemic an employment assistance claims except for those that that are completing applications within the thirty day period that we were required to extend that offer of application only for those individuals so those numbers class of initial claims as of tweaking the gate twenty one for thirteen. as far as the number of claims In adjudication. Just one minute I have to look at the spreadsheet on this. The total claim Senate education they have significantly dropped I don't remember the last time I reported on this number but on six nineteen of twenty twenty one we had nineteen thousand claims and adjudication as of eight twenty one we have fifteen thousand eight hundred thirty three claims and adjudication the number of claims and appeals has a has remained the same for United in the United well there's a there's a slight decrease in those is they're working through the appeals and for you and for any bank. Six nineteen we had two thousand eight hundred seventy three appeals pending with the. We on eight twenty one two thousand seven hundred and six and four P. U. I. appeals we had on six nineteen we had two thousand one hundred ninety five and as of eight twenty one we have one thousand nine hundred and thirty four. On the fifteen thousand eight thirty three of. Any idea when you're going to. It all works through my notes you know takes time a little bit of unknown factor but you think by the end of the year you're gonna have a wiped out or how long you to space contagious well I can say prior to the pandemic R. adjudication process I took approximately two weeks seven to ten days with the issues that we have on multiple issues on claims is what we're we're saying throughout the pandemic it's not just one issue we are constantly revising value waiting and and doing our best to add staff to adjudication to speed that up at this point I can't I can't predict when okay as. And I if I had if I had someone here from unemployment insurance I'm sure they can give you that answer but I don't know how long it will take us to work through all of these claims and get back to our you know our typical two weeks adjudication period okay all right thank you thank Mr. Thank you senator Hammer senator hill you're recognized for a question. Thank you Sir over here again transaction. The that done in the unemployment for the termination or someone quitting because of the the vaccine that that's as clear as much to me maybe I'm not as sharp as everyone else here but I'd like a little more more detail is because when you're dealing with unemployment if someone quits most the time or not eligible because they quit their job if they're terminated because of insubordination which is what that could be they'd refuse to take the vaccine. I will declare them pretty much in the eligible for for unemployment so I'd like some more because word is only a key a lot of these people are going to understand the wording is used to get unemployment insubordination for not taking a vaccine is a major issue that means that in Pollard directives. So I'd like a little clarification for the water up on that if we could. As the director of the division of workforce services and and over the unemployment insurance senator hill I would need to have someone here that's that's prepared to answer those questions regarding the unemployment insurance and and specifically the vaccine and Cindy and are not prepared to answer that question today. Thirty children is there can you get that information to us offline as to what what the legal position would be regarding Senator hills and and others questions. Yes with the community I think you need to understand that that's that's a question we're all getting is if I get fired for not taking the vaccine cannot on employment so we we need an answer best you can give us and I don't want to continue to go over the same thing during this meeting but maybe you could do that offline or send that information to staff and they can get it out to the committee members also in your response. Thank you with other information thank you very much the representative Murdock you're recognized. A Crawford I'm sitting Murdock said. Representative Crawford go ahead. Thank you will hi doctor children thank you for being here Mine goes with everybody else's On that company policy because now they're changing their policies that it is the policy that they receive the vaccine so I just wanted to add to that is there a way. You probably can answer it but put it in with your list of things today is there a way that on the website that there could be a page added. To where we can gather the information from our constituents who would say. I filed for unemployment did not get it my reasoning whites because of the vaccine because otherwise that information's not going to be captured because it will not be captured corporate because it's just going to fall under their company policies is that possible at all it is captured when they apply for unemployment insurance and that information and along with the employers response is all captured within within their the forms that they of cement for the unemployment claim okay so I do have opts that I've been fired because I did not take a backseat. No that is not on the unemployment claim that the the neither are other specific reasons like. I didn't show up from I my job for five days because my child was sick I mean it's a blank that the employee complaining at their resentments zoom okay yes ma'am all right thank you. Thank you representative members any other questions. Yes did you have anything else to add on this rule five which is what we're actually talking about. Are you done presenting that rule okay I do one question just regarding the software update is kind of give us an update on how that's coming. At the R. F. P. for the United modernization project went out last Monday. Our thank you members seeing no other questions without objection this rule is reviewed and approved thank you for coming down thank you thank you representatives thank you thank you members of the committee. All right members next on the agenda is item D. too that's Department of Education Division of career and technical education. If you would when you get seated just introduce yourself for the record and then you can begin. Good morning cortisol as Ford chief legal counsel for the department of education. we have for you the career and technical education policies and procedures these were promulgated both as a result of federal changes to career and technical education legislation the Perkins five as well as state legislation acts five forty five and six forty seven as well as some residual effects AT ACT nine ten the transformation Act which moved to the Division of career and technical education under the department of education so these policies and procedures were previously under the department of career education but after transformation career technical came to the Department of ed and so we have these for your review and I'd be happy to answer any questions. All right members any questions on this item. Seeing none without objection this rule is reviewed and approved thank you. Members I we're moving down to Adam D. three commissioner of state lands. When you get seated if you would just introduce yourself for the record and then you begin. I'm Diane Rogers I'm general counsel for the commission of state lands office I'm Kelly boy then the deputy commissioner state lands the morning go at it. We are here we have revise our rules and rags and they've been promulgated as a result of ACT four forty seven of which amends the process for certain land sales through our office. Do you. They have been approved on an emergency basis earlier. And I guess in March and we are seeking permanent approval today of the main change is that. There are certain post auction sales which we call and sold property auctions that this allows them to be conducted online and it's to set forth in the process and procedures that we will do to make that happen. I do have a quick question I noticed. that it appears that the tax delinquent property auctions cannot be done online like the unsold property auctions is that correct that is correct is there a reason why you can do one and not the other. We were successful in getting that passed in the last session okay all right Senator Stubblefield you're recognized. Thank you Mr chairman. Mr board this law took effect on July first correct. Actually Senator with the emergency clause it took effect March twenty fourth of twenty twenty one however the project commenced at nine AM on July one twenty twenty one you are correct so we've got some data how's it working now. Well we're forty four days into it and of. Been quite surprised we I have about seven hundred and eighty bidders already there from across the United States about half of more here in Arkansas the vast majority of the active bidders or two hundred eighty eight people which have cast some type of bid in the system of the bulk of them are from Arkansas we've sold already thousand five proc partials that's as of nine o'clock this morning about an hour ago we have another thirteen just under fourteen hundred blues thirteen ninety seven that are in the thirty day window the process is we have a catalog we have a map in a catalog people place to be and it begins under bed at that point for thirty days at eight o'clock on the third night of the thirtieth day the bidding closes so we have just under fourteen hundred that are in that process that comprises a hundred eighty nine thousand dollars worth of bids right now those are the just taking the highest bid on each parcel we've also sold another hundred and sixty nine thousand the thousand five there so it generated about that. Amazingly enough these are the numbers that surprised me since we started this until this morning at nine o'clock we're averaging a bit being placed on property every four point four minutes and we're averaging a new partial going under bed every thirty two minutes that's what those numbers break down to also compared to a year like a year ago to well we didn't. We didn't have this all we did before if an individual wanted person purchase a piece of property they went to our online catalog the search to the whole catalog. And then if they found something they were interested in it was a burdensome process they found something they were interested in they would place a bit at that point we we send them an offer to purchase they would place a bit and then anybody else that so subsequently submitted a bid we had refund their money we took the first bid the only be in now we go through an actual bidding process. another thing that we found very surprising all of the partials that have been purchased so far have been paid for generally right after it closes by credit card so we haven't had to go through them the mail process the lock brought prop but lock box process the in house handling we considerably reduce the amount of manpower directed just at this process so we're selling you ask the question about a year ago we're selling more property now and harm our dollar amount. Thank you Mr chairman thank you Mr chairman Hamid question. Based on what you just said the days of selling it courthouse for pretty much over your that's not even an option now we're not going back to that option no Sir a we have three types of tax property we have a tax delinquent property that's it's certified to us. Then two years after that we will have a sale in the county so. Typically occurs in the county we do have a provision let's say that just a county. Representative McElroy county has only two properties we might have the sale and actually county or one of the surrounding counties otherwise we still have them in the county we have post auction properties if the tax delinquent property does not sail in the county at that sale it becomes post auction and then for two years and stays there you have to pay the taxes you have to pay the penalty Senate okay all right and then negotiate our thank you. What I want to come back just for a second. M. and make sure that misunderstand you said you weren't able to get it passed in the past session to do online auctions for the tax delinquent properties is that correct correct that is in the packet we have it says ACT four forty seven of twenty twenty one seems provide that bids for parcels at a tax delinquent property auction may be made at the sale or may be submitted to the Commissioner by mail or online and responses that your office is not yet prepared to accept online bids. Are you not yet it is ACT four have mentor stand I guess is ACT four forty seven does it not give you the authority to accept online bids for the tax delinquent auctions like you do the others. No Sir. Our. Thank you members any other questions. All right seeing none without objection this route rule is reviewed and approved thank you guys. Thank you members are gonna move down to item Eads the agency updates on delinquent rulemaking this is our finalized when the engine and it's a letter from the department of agriculture Arkansas bureau of standards regarding its status update in accordance with ACT five seventeen of twenty nineteen you should have that letter in your packet and if there is no objections we were review and filed a letter as a status update. Right. See non members we have nothing else on the agenda thank you for your participation and we are turned.