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.
1.2.1
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.
1.2.17
Basis 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.
1.2.18
Effective
Date for the 2008 Amendments. - The rules adopted on November 12, 2008,
are effective on February 1, 2009.
1.2.19
Effective Date for the 2009
Amendments. - The rules adopted on August 14, 2009, are effective on
October 30, 2009.
1.2.20
Basis 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.
1.2.21
Effective Date for the 2009
Amendments. The rules adopted on October 30, 2009, are effective on
December 30, 2009.
1.2.22
Basis 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.
1.2.23
Basis 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.
1.2.24
Basis 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.
1.2.25
Basis 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.
1.2.26
Basis 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.
1.2.27
Basis 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.
Notes
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