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

7 CCR 1101-2-10.1
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

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