7 CCR 1101-2-16.1 - EMPLOYEE-LEASING COMPANY CERTIFICATIONS

16.1.1 Statutory Reference: 8-70-114, C.R.S.
16.1.2 Employee-Leasing Company Certification Considered. An employer who meets the definition of an employee-leasing company as described in 8-70-114(2)(a)(V), C.R.S., shall be certified only if:
.1 The employer completes and submits an initial and annual employee-leasing company application and work-site employer and employee list as required by regulation 16.1.3., and
.2 Upon filing the application and work-site employer and employee list, the employer submits a nonrefundable fee of $500, and
.3 In conjunction with the application, the employer provides evidence of securitization of unemployment premiums as set forth in 8-70-114(2)(g)(III) and rules part VIII, and
.4 The employer completes and submits a quarterly report of all terminated and activated employee-leasing company contracts in the previous calendar quarter using such filing methods as may be prescribed by the division. Quarterly reports are to be submitted no later than the last day of the month following the completion of a calendar quarter.
16.1.3 Application for Certification. An employer seeking to be a certified employee-leasing company shall make application with the division upon such forms and using such filing methods as may be prescribed by the division. Such application shall include a complete list of all coemployer clients as follows:
.1 A list of all work-site employers with whom a coemployment relationship exists that shall include name of each business, the work-site address(es) for each business, actual initiation dates and termination dates of each employee-leasing company contract, gross wages for each business per quarter, the federal employer identification number of each business, and the name, social security number, and quarterly wages of each employee performing work for each coemployer client.
16.1.4 [Emergency Rule expired 05/06/2009].
16.1.5 Certification 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 employee-leasing company's certification. Such certification shall be valid until the end of the state's first fiscal year that is more than one year after the effective date of the initial certification.
16.1.6 Appeal From Determination. Any employer who wishes to protest a determination made under the provisions of 8-70-114, C.R.S, or this part XVI 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 certification determination was mailed. A hearing may be obtained in accordance with 8-73-113, C.R.S., and regulation 11.2.
16.1.7 Annual Certification. Subsequent to the initial certification, every employer who has been certified as an employee-leasing company shall file a certification on prescribed forms and using such filing methods as may be prescribed by the division on or before the last day of June of each year, except as set forth in regulation 16.1.4. An employee-leasing company shall retain its certification only if all requirements defined in 16.1.2 are met.
16.1.8 Notification. An employee-leasing company or the work-site employer shall notify each covered employee in writing at the time of hire of the coemployment relationship. The employee-leasing company contract shall specify whether the responsibility for making written notice belongs to the employee-leasing company or the work-site employer.
16.1.9 Loss of Employee-Leasing Company Certification. If an employer, subsequent to the date on which he or she was designated as an employee-leasing company, fails to fulfill the requirements of 8-70-114, C.R.S, or this part XVI of the regulations without good cause, such employer shall lose his or her employee-leasing company certification. Any determination by the division that an employer has lost his or her employee-leasing company certification 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 16.1.6.

Notes

7 CCR 1101-2-16.1
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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