Unemployment Insurance

Web Library Topic - Employer Loss of Right to Protest

Statutes

§ 8‑73‑107(1)(h), C.R.S. 2005

(1) Any unemployed individual shall be eligible to receive benefits with respect to any week only if the division finds that:

(h) He has furnished the division with separation and other reports containing such information deemed necessary by the division to determine his eligibility for benefits, but this provision shall not apply if he proves to the satisfaction of the division that he had good cause for failing to furnish such reports. The eligibility of any individual shall not be affected by the refusal or failure of an employer to furnish reports concerning separation and employment as required by articles 70 to 82 of this title and the regulations pursuant thereto, and the division shall determine the eligibility of such individual upon the basis of such information it may obtain; and any employer who fails or refuses to furnish reports concerning separation and employment shall cease to be an interested party to the separation issue directly related to determinations made in accordance with section 8-73-108 (4) and (5)(e). For each instance of failure to furnish the division with such reports, the employer, unless good cause to the contrary is shown to the satisfaction of the division, may be assessed a penalty of twenty-five dollars, which shall be collected in the same manner as taxes due under articles 70 to 82 of this title.

§ 8‑74‑102(1), C.R.S. 2005

(1) Upon receipt of a claim, the division shall notify any other interested parties of the claim by mail or electronic means in accordance with such rules as the director may promulgate. Such interested parties shall be afforded twelve calendar days from the date of such notice of the claim to present any information pertinent to the claim by mail, telephone, or electronic means in accordance with such rules as the director of the division may promulgate. Such information shall be postmarked, if mailed, or received by the division, if submitted in person or by electronic means, within twelve calendar days from said date. If the twelfth calendar day falls on a weekend or a state holiday, such date shall be moved to the first working day immediately following such weekend or holiday. The interested party may present information out of time only if good cause is shown. A deputy to be designated by the director of the division shall promptly examine all materials submitted. Whenever information submitted is not clearly adequate to substantiate a decision, the deputy shall promptly seek the necessary information. If it is necessary to obtain information by mail from any source, the information shall be received by the division no later than seven calendar days from the date of the request for information. On the basis of the deputy's review, the deputy shall determine the validity of the claim and, if valid, when payment shall commence, the amount payable, and the duration of payment. The deputy shall issue a decision in all cases, even if the claimant has insufficient qualifying wages, unless the interested employer did not receive notice of the claim, except when the separation from employment is due to a lack of work and no alleged disqualifying circumstances are indicated. The deputy's decision shall set forth findings of fact, conclusions of law, and an order. The division shall promptly provide all interested parties with copies of the deputy's decision. 

Regulations

Regulation 7.2.6, 7 Code Colo. Reg. 1101-2

Request for Report. The Division may request a wage and/or separation report concerning a particular worker for the purpose of confirming a report previously submitted or obtaining information necessary to enable the Division to make a determination of benefit rights. Such report shall be furnished to the Division within TWELVE CALENDAR days of the date on which the Division mails a request for information.

Regulation 7.2.6, 7 Code Colo. Reg. 1101-2

Loss of Right to Protest. An employer who fails to comply with the provisions of the preceding paragraphs of this section 7.2 shall be deemed not to be an interested party as defined in sections 8-70-103 (17) and 8-73-107 (1)(h), C.R.S. 1973, and shall be barred from protesting either:

.1 The payment of benefits to workers for whom wage and separation information was not furnished within the required time; or

.2 The charging of his account for experience rating purposes with benefits paid such workers or the amount due as payments in lieu of contributions for benefits paid such workers.

Cases

Yanish v. Industrial Commission, 38 Colo. App. 492, 558 P.2d 1007 (1976)

An employer who fails to furnish a separation report within the statutory time limit ceases to be deemed an interested party and is barred from protesting or appealing an award of benefits for the pertinent claim.

See Also - Good Cause

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