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
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