7 CCR 1101-2-10.1 - SEASONAL DETERMINATIONS
10.1.1
Statutory References: 8-73-104(1), 8-73-106, and 8-76-113,
C.R.S.
10.1.2
Seasonal
Periods Considered. As used in
8-73-106(1),
C.R.S., the words "a regularly recurring period or periods of less than
twenty-six weeks in a calendar year" are deemed to include periods in those
years during which an employing unit was not subject to the provisions of the
act, or during which a predecessor employer was subject to the act, and records
of such predecessor are available to support such periods.
10.1.3
Seasonal Operation. No
industry or functionally distinct occupation within an industry shall be deemed
a seasonal industry as defined in
8-73-106(1),
C.R.S., unless the employer certifies in the application for seasonal
determination required by regulation 10.1.5 that the employer will fulfill the
requirements set forth in regulation 10.1.4 and certifies such other
information as may be required by the division to determine eligibility for
designation as a seasonal employer under this part X of the
regulations.
10.1.4
Seasonal
Employer. An employer shall be determined to be a seasonal employer as
to a particular industry or functionally-distinct occupation within an industry
only if:
.1 The employer customarily employs
workers in such industry or functionally-distinct occupation only during a
regularly-recurring period or period of less than twenty-six weeks in a
calendar year, and
.2 The employer
does not employ more than twenty-five percent of the total number of workers in
such functionally-distinct occupation outside the seasonal period that were
employed in such occupation during the previous seasonal period, and
.3 The employer does not employ any workers
in such functionally-distinct occupation for a period of forty-five consecutive
days following the seasonal period. For the purposes of this part X of the
regulations, no employment shall be determined to be a functionally-distinct
occupation unless its assigned duties or activities, as a whole, are
identifiably distinct under the usual and customary practice of the
industry.
10.1.5
Application for Determination. An employer who wishes designation
as a seasonal employer or determination or redetermination of a seasonal period
or periods shall make application with the division upon such forms and using
such filing methods as may be prescribed by the division.
10.1.6
Notice of Application.
The division shall require the employer to post a Notice of Application for
Seasonal Status on such forms as the division may require and shall require the
employer to notify the unions representing any of its workers that an
application for seasonal status has been filed.
10.1.7
Seasonal Determination.
Upon review of the matters set forth in the application and such other
information as it may require, the division shall issue a determination as to
the employer's seasonal status, the seasonal period, the functionally-distinct
occupations determined to be seasonal, and the functionally-distinct
occupations determined to be nonseasonal.
10.1.8
Seasonal Workers. A
worker may not be determined to be a seasonal worker if:
.1 The worker performs services for a
seasonal employer outside the employer's designated seasonal period or periods;
or
.2 The worker performs services
for a seasonal employer for twenty-six weeks or more in a calendar
year.
10.1.9
Appeal From Determination. Any employer who wishes to protest a
determination made under the provisions of this part X of the regulations shall
file a notice of appeal with the division. Such notice of appeal must be
received by the division within twenty calendar days after the date the
seasonal determination was mailed. A hearing may be obtained in accordance with
8-76-113, C.R.S., and regulation
11.2.
10.1.10
Notice of
Operation Outside Season. Each seasonal employer shall give written
notice, in accordance with regulation 1.3.11, to the division within thirty
days when the seasonal industry or functionally-distinct occupation is operated
for twenty-six weeks or more in a calendar year and, for a
functionally-distinct occupation, when more than twenty-five percent of the
total number of workers who were employed in any such functionally-distinct
occupation during the designated season are employed in such occupation outside
the seasonal period or there is not a forty-five consecutive-day period outside
the seasonal period, during which no workers are employed in such
functionally-distinct occupation.
10.1.11
Annual Report. In
addition to the notice required in regulation 10.1.10, every employer who has
been designated a seasonal employer must file a written report on prescribed
forms and using such filing methods as may be prescribed by the division on or
before the last day of February, which report shall inform the division of the
beginning and ending dates of the previous calendar year's seasonal operations
and such other information as may be required by the division to show
compliance with this part X of the regulations.
10.1.12
Notification. Each
seasonal employer shall notify each seasonal worker in writing at the time of
hire of the worker's seasonal status and the beginning and ending dates of the
seasonal period for which the worker is to be employed.
10.1.13
Loss of Seasonal Status.
If an employer, subsequent to the date on which he or she was designated as a
seasonal employer, fails to fulfill the requirements of regulation 10.1.4 or
fails, without good cause, to comply with the reporting or notification
requirements of this part X of the regulations during a calendar year, such
employer shall lose his or her seasonal status. Any determination by the
division that an employer has lost his or her seasonal status shall be made in
writing and provided to the employer in accordance with regulation 1.3.11.1.
Said determination shall be subject to appeal pursuant to regulation
10.1.9.
10.1.14
Reinstatement
of Seasonal Status.
.1 An employer who
has lost his or her designation as a seasonal employer, and who wishes
reinstatement as such, may make application with the division for reinstatement
in any calendar year subsequent to the year in which the employer lost the
designation as a seasonal employer, provided such employer has met the
requirements of regulation 10.1.4 in the calendar year immediately preceding
application for reinstatement.
.2 A
worker who has performed services for a seasonal employer outside the
employer's designated seasonal period or periods, and thereby lost his or her
status as a seasonal worker, shall regain his or her status as a seasonal
worker if he or she is not thereafter employed by such employer between any two
following designated seasonal periods and he or she is subsequently reemployed
by the employer in a seasonal industry or occupation.
10.1.15
Filing Methods. For
purposes of this part X of the regulations, applications, notices, and reports
may be made in person, by mail, by facsimile machine, by division-approved
electronic means, or by a division interactive voice response
system.
Notes
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