7 Colo. Code Regs. § 1101-2-1.3

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

Section 7 CCR 1101-2-1.3 - DEFINITIONS

As used in these regulations, the following words shall have the following meanings:

.1Commission. - The word "commission" shall mean the Industrial Commission of Colorado, ex officio, Unemployment Compensation Commission of Colorado as it existed prior to July 1, 1986.

.2Division. - The word "division" shall mean the Division of Unemployment Insurance of the Department of Labor and Employment of the State of Colorado.

.3Act. - The word "act" shall mean the Colorado Employment Security Act, articles 70 to 82 of title 8, C.R.S., unless the context clearly indicates otherwise.

.4Benefits. - The word "benefits" shall mean unemployment compensation benefits payable to claimants under the act.

.5Calendar Week. - The term "calendar week" shall mean a period of seven consecutive days beginning at 12:01 a.m. on Sunday and ending at midnight on the following Saturday.

.6Public Employment Office. - The term "public employment office" shall mean any workforce center, itinerant service point, or representative thereof.

.7Panel. - The word "panel" shall mean the industrial claim appeals panel that conducts administrative appellate review of any decision entered pursuant to article 74 of title 8, C.R.S.

.8Examiner. - The word "examiner" shall mean one of the industrial claim appeals examiners appointed to the panel.

.9 Attendance. - The term "attendance" shall mean participation in hearings before a hearing officer by telephonic means or in person.

.10Written, in Writing. - The terms "written" and "in writing" shall mean:

.1 Decisions, determinations, notices, account statements, and documents provided by the division or the panel to an interested party, or their authorized representative, if any, in person, by mail, by facsimile machine, or by electronic means.

.2 Appeals, applications, documents, elections, forms, notices, protests, reports, and requests submitted to the division or the panel by an interested party, or their authorized representative, if any, when handwritten or typed, transmitted using division-approved electronic means and formats, or panel-approved electronic means, or provided using a division interactive voice response system when this method is expressly permitted by regulation.

.11Signed, Signature. - When information submitted to the division is required to be signed, the personal identification number (PIN) shall be considered the same as a signature when a claimant, an employer, or authorized representative thereof uses division-approved electronic means or uses a division interactive voice response system.

.12Personal Identification Number (PIN). - The term "personal identification number (PIN)" shall mean a confidential number or other electronic method of verification unique to a claimant, an employer, or authorized representative thereof that shall be required for such persons to perform certain transactions with the division by electronic means or by a division interactive voice response system.

.13Electronic. - The term "electronic" shall have the meaning set forth in 8-70-103 (8.5), C.R.S., and, for purposes of these regulations, said meaning shall include the Internet and any other technology the division in its discretion may approve, or when appropriate, the panel may approve.

.14Facsimile Machine.- The term "facsimile machine" shall mean a device that electronically or telephonically receives and transmits reproductions or facsimiles of documents.

.15Transmit. - The term "transmit," or any derivative thereof, shall mean by facsimile machine, by electronic means, or by a division interactive voice response system unless the context clearly indicates otherwise.

.16Mail. - The term "mail" shall mean delivery through the United States Postal Service or by other commercial carrier, but not by electronic or telephonic means.

.17Interactive Voice Response System. - The term "interactive voice response system" means the division's automated interface between a caller using a telephone and a division computer.

.18By Telephone. - The term "by telephone" means verbal communication using a telephone instrument or communication using a telephone device for the deaf (TDD). Said term does not include information transmitted by "electronic" means pursuant to regulation 1.3.14 or information transmitted using an "interactive voice response system" pursuant to regulation 1.3.18.

.19Corrected Decision. - The term "corrected decision" shall refer to a decision issued by a deputy or a hearing officer or the panel, within 30 days subsequent to the date of his decision, to correct typographical or clerical or other minor errors. A "corrected decision" is not a reconsidered decision as provided by 8-74-105, C.R.S. Notice of a corrected decision shall promptly be given to all interested parties.

.20The term "remuneration," - as used in § 8-73-110, C.R.S., shall mean any payment the individual receives from the employer which the individual would not have received had he or she not separated from employment.

.21Negative Excess Employer. - The term "negative excess employer" shall mean an employer who has more in unemployment benefits charged to his or her account as compared to unemployment premiums paid and credited to his or her account.

.22Fringe Benefits. - The term "fringe benefits" shall mean health insurance, retirement benefits received under a pension plan, paid vacation days, paid holidays, paid sick leave, and any other similar employee benefit that is provided by an employer.

.23Work Share Benefits. - The term "work share benefits" shall mean the unemployment benefits payable to employees in an affected unit under an approved work share plan as distinguished from the unemployment benefits otherwise payable under the conventional unemployment compensation provisions of the Colorado Employment Security Act.

.24Participating Employer. - The term "participating employer" shall mean an employer who has a work share plan in effect.

.25Participating Employee. - The term "participating employee" shall mean an employee who works a reduced number of hours under a work share plan.

.26"Federal Program" means any federal- and state-extended benefits program under federal law that provides benefits to exhaustees of regular benefits during times of high unemployment or economic downturn and any program that pays benefits under federal law, including but not limited to, Disaster Unemployment Assistance.

7 CCR 1101-2-1.3

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