7 Colo. Code Regs. § 1101-2-1.2

Current through Register Vol. 47, No. 24, December 25, 2024

Section 7 CCR 1101-2-1.2 - PURPOSE AND SCOPE

The purpose of these regulations effective March 3, 1980, is to implement the procedural and substantive provisions of the Colorado Employment Security Act.

1.2.1Basis and Purpose for the 1983 Amendments. - The amendments and reenactments and renumbering of the regulations effective August 30, 1983, are caused by requirements of legislative enactments that require conformity in the implementing regulations, and the necessities for clarifications and elaborations in the regulations to ensure continuing fairness in administration and adjudication of claims for benefits and appeals from adjudications; and in just determination of appeals and petitions at a reasonable expense to parties and the administering agencies.

1.2.2Basis and Purpose for the 1984 Amendments. - The amendments effective October 30, 1984, are promulgated by the commission pursuant to 8-72-102 and 24-4-103, C.R.S., for the purpose of clarifying and defining more fully the procedural rights and duties of claimants for unemployment benefits, employers, and other interested parties, and are calculated to implement the Colorado Employment Security Act, C.R.S. title 8, articles 70 to 82 as amended, more fairly and efficiently, and to further its stated purposes; and to implement the purpose of harmony in state administration with federal statutes and regulations; and the requirements for effective appeals or petitions for review of administrative determinations; and the duties and liabilities of parties in communications with the administrative authorities in matters of claims for benefits and notices and determinations related thereto.

These amendments to rules and regulations result from recent legislative enactments upon employment security; from a public hearing held in accordance with 24-4-103, C.R.S., and the entire record connected thereto; and from comments and advice offered during proceedings of the legal affairs committee within the Colorado Department of Labor and Employment that is concerned, as is the commission, with just and efficient administrative practices and response to the needs for changes and prospective improvements in procedure, including the areas of claims, hearing, and appeals.

1.2.3Basis and Purpose for the 1985 Amendments. - The amendments effective September 30, 1985, are adopted pursuant to 8-72-102, C.R.S., for the purpose of conformity with new legislation, clarification of the substantive and procedural rights and responsibilities of interested parties, and increased efficiency and effectiveness in the fair administration of the Colorado Employment Security Act, including the appeal process.

1.2.4Basis and Purpose for the 1987 Amendments. - The amendments effective January 1, 1988, are adopted pursuant to 8-72-102, C.R.S., for the purpose of conformity with new legislation, clarification of the substantive and procedural rights and responsibilities of interested parties, and increased efficiency and effectiveness in the fair administration of the Colorado Employment Security Act, including the appeal process.

1.2.5Basis and Purpose for the 1991 Amendments. - The amendments effective October 1, 1991, are adopted pursuant to 8-72-102, C.R.S., for the purposes of conformity with new legislation, facilitating the reorganization of the division and its operations, and removing obsolete language from the regulations.

1.2.6Basis and Purpose for the 1992 Amendments. - The amendments effective August 3, 1992, are adopted pursuant to 8-72-102, C.R.S., for the purpose of transferring to the industrial claim appeals office certain procedural responsibilities concerning appeals from referees' decisions, to facilitate increased efficiency and effectiveness in the administration of the appeals process, and to effectuate the 1992 amendments to 8-74-104(3), C.R.S., and enactment of 8-74-104(4), C.R.S.

1.2.7Basis and Purpose for the 1994 Amendments. - The amendments effective July 1, 1994, are adopted pursuant to 8-72-102, C.R.S., for the purpose of more fully describing claim-filing requirements, clarifying administrative-appeals procedures, and removing obsolete provisions from the regulations.

1.2.8Effective Date for the 1994 Amendments. - The rules adopted on May 4, 1994, are effective on July 1, 1994.

1.2.9Basis and Purpose for the 1997 Amendments. - The amendments effective January 1, 1998, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying statutory citations, clarifying eligibility requirements, removing obsolete provisions concerning the Head Start Program, conforming quarterly tax and wage reporting to federal-law requirements, modifying hearing-document exchange and good-cause provisions, and outlining criteria for the write-off of recovery and the waiver of recovery of benefit overpayments.

1.2.10Effective Date for the 1997 Amendments. - The rules adopted on November 6, 1997, are effective on January 1, 1998.

1.2.11 Basis and Purpose for the 1998 Amendments. - The amendments effective January 1, 1999, are adopted pursuant to 8-72-102, C.R.S., for the purpose of making technical corrections, modifying provisions concerning claims for benefits, promoting increased effectiveness in the administration of the appeals process, and conforming interstate provisions to arrangements with other states.

1.2.12Effective Date for the 1998 Amendments. - The rules adopted on November 6, 1998, are effective on January 1, 1999.

1.2.13Basis and Purpose for the 2000 Amendments. - The amendments effective January 1, 2001, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying provisions concerning approved training and improving clarity and uniformity in the regulations.

1.2.14 Effective date for the 2000 Amendments. - The rules adopted on November 1, 2000, are effective on January 1, 2001.

1.2.15Basis and Purpose for the 2002 Amendments. - The amendments effective January 1, 2003, are adopted pursuant to 8-72-102, C.R.S., for the purpose of expanding the methods for the division, the panel, and their customers to conduct business through use of technology and harmonizing the regulations with the provisions of 8-76-101(3), C.R.S., concerning quarterly taxes due that are less than five dollars.

1.2.16Effective Date for the 2002 Amendments. - The rules adopted on October 30, 2002, are effective on January 1, 2003.

1.2.17Basis and Purpose for the 2008 Amendments. - The amendments effective February 1, 2009, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying provisions required by legislative enactments to facilitate increased efficiency and effectiveness in the administration of the appeals process, to include the employee -leasing company requirements, and to remove obsolete language from the regulations concerning employment security.

1.2.18Effective Date for the 2008 Amendments. - The rules adopted on November 12, 2008, are effective on February 1, 2009.

1.2.19Effective Date for the 2009 Amendments. - The rules adopted on August 14, 2009, are effective on October 30, 2009.

1.2.20Basis and Purpose for the 2009 Amendments. - The amendments effective October 30, 2009, are adopted pursuant to 8-72-102, C.R.S, to:

.1 Reflect the changes in the reporting requirements for employee-leasing companies in part xvi.

.2 Create processes related to employee misclassification by adding new Part XVII.

.3 Modify provisions required by legislative enactments to add a definition for remuneration in part I.

.4 Reflect statutory amendments in part ii, by allowing for a work-search waiver for an individual who has a qualifying job separation under 8-73-108(4) (t) C.R.S, and;

.5 Extend the waiver of the requirements to register for work and report to an employment office as a condition of being eligible to receive unemployment insurance benefits for a claimant who is job-attached.

1.2.21Effective Date for the 2009 Amendments. The rules adopted on October 30, 2009, are effective on December 30, 2009.

1.2.22Basis and Purpose for the 2009 Amendments. The amendments effective December 30, 2009, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying provisions required by legislative enactments to facilitate increased efficiency and effectiveness in the administration of the appeals process, and to include House Bill 09-1363, Unemployment Compensation Enterprise requirements to the Regulations Concerning Employment Security.

1.2.23Basis and Purpose of the 2011 Amendments. - The rules adopted on November 14, 2011, are effective January 1, 2012 for the purpose of:

.1 Improving communication with claimants in regards to what defines an active work search.

.2 Amending the rules related to actively seeking work to add clear definitions of what represents a work search. Additionally, adding further explanation that a tangible record of contacts is required, what a tangible record is, and the length of time the record must be maintained by a claimant.

.3 Adding new rules allowing the Division to issue a formal warning, at its discretion, to a claimant who unintentionally fails to meet the work-search requirements.

1.2.24Basis and Purpose of the 2012 Amendments. - The rules adopted on November 22, 2011, are effective April 1, 2012 for the purpose of:

.1 Amending the rules related to unemployment insurance appeals and redeterminations for clarity.

.2 Amending the rules related to good cause for clarity.

.3 Adopting rules allowing the Division to fine an employer who is found to have willfully disregarded the law when misclassifying an employee as an independent contractor.

1.2.25Basis and Purpose of the 2012 Amendments. - The rules adopted on January 18, 2012, are effective April 1, 2012 for the purpose of:

.1 Amend the rules regarding employer reports, specifically a wage or separation report on a specific worker to include a statement that good cause is automatically found when the separation report is received after the deadline but before a decision is issued. As appropriate, add the new reference on good cause to other rules within this Part.

.2 Repeal a portion of the rule regarding a decision of the hearing officer that no longer applies.

.3 Amend the rules regarding good cause procedure to allow Unemployment Insurance Appeals to make a determination of good cause without specifically requesting a good-cause statement from the appellant if the file material contains the necessary information.

1.2.26Basis and Purpose of the May 2012 Amendments. - The rules adopted on April 2, 2012, are effective May 30, 2012 for the purpose of amending the rules to allow the Division to take the postmark date into account when determining the timeliness of the receipt of a premium payment and quarterly report.

1.2.27Basis and Purpose of the May 2012 Amendments. - The rules adopted on June 4, 2012 are effective July 30, 2012. The Division of Unemployment Insurance reviewed all rules currently in effect. The review found rules that are redundant to statute and/or outdated. The following amendments are proposed to simplify the Division's rules:

.1 Repeal rules that repeat statute and renumber the remaining Definitions in Part I.

.2 Amend rules to clarify that an employer is not required to pay premiums that are less than $5 as long as the quarterly reports are submitted timely in Part VI, Premiums and Assessments.

.3 Repeal reporting methods that cannot be accepted for employer quarterly reports in Part VII, Employer Records and Reports.

.4 Repeal a portion of the employee-leasing companies rules that is no longer applicable in Part XVI, Employee-Leasing Companies.

.5 Repeal rules that repeat statute and renumber the remaining rules in Part XVII, Work Share.

1.2.28 The rules adopted on July 18, 2012, are effective September 14, 2012. The Division of Unemployment Insurance amended the following rules to address legislative changes made during the 2012 Colorado General Assembly.

.1 Amend references to the Unemployment Insurance Program to be the Division.

.2 Amend the definition of the division to conform to statute creating the Division of Unemployment Insurance.

.3 Amend references to the Unemployment Insurance Program to be the Division and extend the date by which enhanced benefits can be paid to June 30, 2014, to conform to the law.

.4 Amend rules on the application of delinquent payments to include nonprincipal-related bond payments.

1.2.29 The rules adopted on March 13, 2013, are effective May 15, 2013. The Unemployment Insurance Division reviewed all rules currently in effect. The review found rules that are redundant to statute and/or outdated. The following amendments are proposed to simplify the Unemployment Insurance Program's rules.

1. Repeal rules regarding emergency rules that were later promulgated into permanent rules, and the effective date of the permanent rules are included in the details of that promulgation.

2. Repeal a rule that is no longer applicable, and clarify income derived from investment-interest payments.

3. Clarify that a spousal relationship is defined by Colorado law.

4. Amend rules regarding the timelines for requesting redeterminations to extend the time from fifteen (15) days to twenty (20) days.

5. Amend rules for clarity, and repeal sections that are no longer applicable. Renumber remaining sections.

6. Repeal a rule that is no longer applicable.

7 CCR 1101-2-1.2

37 CR 13, July 10, 2014, effective 8/1/2014

39 CR 08, April 25, 2016, effective 5/15/2016

39 CR 22, November 25, 2016, effective 12/15/2016

40 CR 11, June 10, 2017, effective 7/1/2017

40 CR 23, December 10, 2017, effective 12/30/2017

41 CR 08, April 25, 2018, effective 6/3/2018

41 CR 16, August 25, 2018, effective 9/14/2018

42 CR 06, March 25, 2019, effective 4/15/2019

43 CR 08, April 25, 2020, effective 3/20/2020

43 CR 06, March 25, 2020, effective 4/14/2020

43 CR 19, October 10, 2020, effective 10/30/2020