7 Colo. Code Regs. § 1101-2-11.1

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

Section 7 CCR 1101-2-11.1 - REDETERMINATIONS

11.1.1Statutory References: 8-73-102 (3), 8-74-102 (2), 8-76-103 (4), 8-76-110 (3) (e), and 8-76-113, C.R.S.

11.1.2Redetermination of Assessments. An employer who wishes to protest a notice of assessment of premiums shall file a written request for redetermination of said assessment or to file a correct report of chargeable wages paid during the premium period or periods. The written request for redetermination must be received by the Division within twenty calendar days of the date the assessment was issued.

11.1.3Redetermination of Quarterly Statement of Benefits Charged to Employer's Account. An employer who wishes to protest a quarterly statement of benefits charged to his or her account shall have sixty calendar days after the date notification was provided to file a written notice for redetermination of the accuracy of the statement.

11.1.4Redetermination of Premium Rates. An employer who wishes to protest a notice of his or her premium rate shall file a written request for redetermination of the premium rate. The written request for redetermination must be received by the Division within twenty calendar days of the date the rate notice was issued.

11.1.5Redetermination of Recomputations. Any interested party who wishes to protest a recomputation made by the division shall file a written request for redetermination of the matters corrected. The written request for redetermination must be received by the Division within twenty calendar days of the date the recomputation was issued.

11.1.6Monetary Determinations. Any interested party who wishes to protest a monetary determination made by the division on a claim for benefits shall file a written request for redetermination with the division within the benefit year or extended-benefit period for such claim.

11.1.7Reimbursement Bill. Any employer who wishes to protest a bill for payments in lieu of premiums shall file a written request for redetermination of the amount due. The written request for redetermination must be received by the Division within twenty calendar days of the date the bill was issued.

11.1.8Timeliness of Request for Review. Any determination made by the division that is subject to redetermination under this section shall be deemed final, and any information contained in any document or notice issued by the division that is subject to redetermination under this section shall be deemed correct unless the party files a timely request for redetermination in accordance with this regulation or establishes to the satisfaction of the division that said party had good cause for the failure to do so. Good cause for failure to file a timely request for redetermination shall have the meaning set forth in regulation 12.1.8.

11.1.9Form of Request. Each request for redetermination filed pursuant to this section shall specify in detail the errors, omissions, or other grounds upon which the party relies.

11.1.10Redetermination Decision. Upon receipt of a request for redetermination, the division shall review the request, investigate the matters specified, and give the parties notice of its redetermination decision in accordance with regulation 1.3.11.1.

11.1.11Appeals From Redeterminations. Any party who wishes to appeal from a redetermination decision shall file a written notice of appeal with the division in accordance with regulation 11.2. Such notice of appeal must be received by the division within twenty calendar days of the date the redetermination decision was mailed. Appeals shall be filed and heard pursuant to 8-74-103 to 8-74-109 and 8-76-113, C.R.S., and regulation 11.2.

11.1.12Benefit Claims Not Covered. Except for monetary eligibility questions subject to redetermination pursuant to regulation 11.1.6, this regulation 11.1 does not authorize the adjudication in the redetermination process of the merits of claims for benefits, which are subject to the appeal process established in 8-74-101 to 8-74-109, C.R.S., and regulation 11.2.

11.1.13Limitation on Review. Review and redetermination by the division under this section shall be limited to the matters covered by the document protested. No protest by an employer under rule 11.1.4 of a notice of the employer's premium rate shall permit inquiry into the validity of any assessment of premiums subject to review and redetermination under rule 11.1.2 nor of any benefit charge to the employer's account subject to review and redetermination under rule 11.1.3 , unless the employer has first protested the assessment or charge pursuant to rules 11.1.2 or 11.1.3.

11.1.14Written Notices, Reports, and Requests. For purposes of this regulation 11.1, written notices, reports, and requests shall have the meaning set forth in regulation 1.3.11.1.

7 CCR 1101-2-11.1

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