GENERAL PROVISIONS
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1.6 SUBSTITUTION OF THE WORD “TAX” FOR THE WORD “CONTRIBUTION” |
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1.7 AMENDMENT OF REGULATIONS CONCERNING EMPLOYMENT SECURITY BY EMERGENCY RULE MADE PERMANENT |
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1.1 PREAMBLE. Pursuant to the provisions of 8-72-102, C.R.S., and other provisions of the Colorado Employment Security Act, the industrial commission of Colorado, ex officio, unemployment compensation commission of Colorado, hereby adopts and promulgates the following regulations.
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.
1.2.1 Basis 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.
1.2.2 Basis 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.
1.2.3 Basis 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.
1.2.4 Basis 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.
1.2.5 Basis 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.
1.2.6 Basis 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.
1.2.7 Basis 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.
1.2.8 Effective Date for the 1994 Amendments. The rules adopted on May 4, 1994, are effective on July 1, 1994.
1.2.9 Basis 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.
1.2.10 Effective 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.
1.2.12 Effective Date for the 1998 Amendments. The rules adopted on November 6, 1998, are effective on January 1, 1999.
1.2.13 Basis 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.
1.2.15 Basis 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.
1.2.16 Effective Date for the 2002 Amendments. The rules adopted on October 30, 2002, are effective on January 1, 2003.
1.3 DEFINITIONS. As used in these regulations, the following words shall have the following meanings:
.1 Commission. 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.
.2 Division. The word “division” shall mean the Division of Employment and Training of the Department of Labor and Employment of the State of Colorado.
.3 Act. 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.
.4 Benefits. The word “benefits” shall mean unemployment compensation benefits payable to claimants under the act.
.5 Calendar 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.
.6 Public Employment Office. The term “public employment office” shall mean any job service center, itinerant service point, public employment office, or representative thereof.
.7 Panel. 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.
.8 Examiner. 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.
.10 Covered Wages. The term “covered wages” shall mean wages in insured work as defined by 8-70-141 and 8-70-103 (16), C.R.S., and shall also include remuneration payable in any medium other than cash, and tips, gratuities and service charges pursuant to part III of the regulations.
.11 Written, in Writing. The terms “written” and “in writing” shall mean:
.1 Decisions, determinations, notices, account statements, and documents provided by the division 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 by an interested party, or their authorized representative, if any, when handwritten or typed, transmitted using division-approved electronic means and formats, or provided using a division interactive voice response system when this method is expressly permitted by regulation.
.12 Signed, 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.
.13 Personal 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.
.14 Electronic. 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.
.15 Facsimile Machine. The term “facsimile machine” shall mean a device that electronically or telephonically receives and transmits reproductions or facsimiles of documents.
.16 Transmit. 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.
.17 Mail. The term “mail” shall mean delivery through the United States Postal Service or by other commercial carrier, but not by electronic or telephonic means.
.18 Interactive 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.
.19 By 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.
1.4 USE OF PRONOUNS. As used in these regulations, “he”, “his”, and “him” shall refer to individuals of either gender, and also, where appropriate, to entities and organizations.
1.5 REPEAL. All rules and regulations enacted previous to March 3, 1980, relating to employment security are hereby repealed.
1.6 SUBSTITUTION OF THE WORD “TAX” FOR THE WORD “CONTRIBUTION”. Wherever the word “contribution(s)” appears in these regulations said word shall be replaced by the word “tax(es)”.
1.7 AMENDMENT OF REGULATIONS CONCERNING EMPLOYMENT SECURITY BY EMERGENCY RULE MADE PERMANENT.
1.7.1 Statement of Basis and Purpose as to Emergency Rule Made Permanent. The emergency rule, adding a new subsubsection .11 to regulation 11.2.15 of part XI of the Regulations Concerning Employment Security, was promulgated and made permanent to comply with 8-74-104 (1), C.R.S. (1985 Cum. Supp.), that required the commission to promulgate a rule regarding briefing schedules on first appeal to the commission.
The rule establishes a simultaneous briefing schedule for such appeals and codifies existing division procedure for processing such appeals.
1.7.2 Authority. The emergency rule was promulgated effective January 2, 1986, pursuant to the industrial commission’s authority in 8-72-102 and 24-4-103 (6), C.R.S., having to do with promulgation of emergency rules. The commission found that said adoption and promulgation as an emergency rule was imperatively necessary for the preservation of health, safety, and welfare, and of substantive and procedural rights of parties to unemployment compensation appeals, and that compliance with the ordinary provisions and requirements for notice and prior public hearing, as provided by 24-4-103, C.R.S., would be contrary to the public interest; and such finding by the commission has been duly set forth in the commission resolution adopting the emergency rule dated January 2, 1986.
1.7.3 Permanency of Emergency Rule. The commission, pursuant to said section 24-4-103, C.R.S., and after duly published notice and public hearing, now promulgates said rule as a permanent rule, adding a new subsubsection .11 to existing regulation 11.2.15 of existing part XI of the Regulations Concerning Employment Security, 7 C.C.R. 1101-2.
1.7.4 Effective Date of Rule. This rule shall be effective 20 days after publication.
1.8 DATE OF FILING. Where part II, part V, part VI, part VII, part X, part XI, part XII, part XIII, or part XV of these regulations provides for the filing of documents, the date of filing shall be the postmark date, if mailed, the date received, if filed in person, the receipt date encoded on a facsimile document, or the receipt date recorded by the division’s automated systems if filed using division-approved electronic means or a division interactive voice response system unless the regulation specifically provides otherwise.
1.9 DIVISION COMMUNICATIONS. The division may request information from an interested party and their authorized representative, if any, by personal delivery, by mail to their last known address as shown in the division’s records, by telephone, by facsimile machine, or by electronic means. Any decision, determination, notice, or statement that conveys protest or appeal rights shall be provided in accordance with articles 70 to 82 of title 8, C.R.S., and these regulations.
1.10 USE OF PERSONAL IDENTIFICATION NUMBER (PIN). It is the responsibility of a claimant, an employer, or authorized representative thereof who uses a PIN to keep that information confidential. Use of said PIN by any third party to obtain, increase, delay, prevent, or reduce benefit payments shall be subject to the provisions of 8-81-101, C.R.S., and the regulations pursuant thereto.