7 CCR 1101-2.1 - CONTINUING CLAIMS
2.1.1
Statutory References. 8-7-111 (2)(a), 8-70-112, 8-73-107
(1)(a)(b)(e)(h), and 8-74-101 (1), C.R.S.
2.1.2
Work Registration. To
qualify for benefits, an unemployed worker must register for work when
instructed by the division. Failure to register for work when so instructed may
result in a disallowance of benefits pursuant to regulation 2.1.6.
2.1.3
Filing an Initial, Additional, or
Reopened Claim. The claimant may file an initial, additional, or
reopened claim by division-approved electronic means, by telephone, by mail, or
in person at the discretion of the division. Unless otherwise determined by the
division, filing claims by division-approved electronic means and by telephone
shall be the preferred methods of filing.
.1
If the division determines that the claimant's interests would be better served
by an alternative method of claim filing, an individual may be permitted to
file a claim by mail or in person. The division shall determine which
alternative method of claims filing the claimant may use.
.2 If the division determines that an
individual may file by mail, the following criteria shall be used in addition
to the criteria contained in regulation 2.3.5 in determining the effective date
of the claim:
.1 The claimant must fill out
the prescribed claim form completely and correctly in order to establish a
valid claim.
.2 The effective date
of the claim may not be established until the claim form is correctly completed
by the claimant and received by the division. If the information on the form is
not complete, it may be returned to the claimant for correction. The time the
corrected claim is received by the division may establish the effective
date.
2.1.4
Completion of the Required Forms. After filing an initial,
additional, or reopened claim, the claimant will be issued the necessary forms
that must be completed and returned to the division. At the discretion of the
division, completed forms may be returned to the division in person, by mail,
by facsimile machine, or by division-approved electronic means. Failure to
return the completed forms could result in a disallowance of
benefits.
2.1.5
Reporting in
Person. The division may, at its discretion, require a claimant to
report in person to a public employment office to comply with such requirements
as deemed necessary to demonstrate eligibility for benefits.
2.1.6
Failure to Report. Failure
by the claimant to comply with a request to report in person, by telephone, by
mail, by facsimile machine, or by division-approved electronic means as
directed by the division or to provide the division with necessary information
or documentation when so requested could result in a disallowance of benefits,
unless good cause is shown.
2.1.6.1
[Emergency rule expired 08/12/2020]
2.1.7 Filing a Continued Claim. A continued
claim is a request filed for waiting-period credit or payment for one or more
weeks of unemployment. Claimants must file for continued claims by interactive
voice response system or by division-approved electronic means. the division
may permit a claimant to file a continued claim by mail or in person if filing
by interactive voice response system or by division-approved electronic means
would cause undue hardship for an individual.
.1 filing period. continued claims must be
filed on a weekly basis, as directed by the division, and must be filed no
later than the seventh day after the last day of the week for which the
claimant is requesting a benefit payment.
.2 continued Claims Filed by Interactive
Voice Response System. The term "interactive voice response system" means the
division's automated interface between a caller using a telephone and a
division computer.
.3 continued
Claims Filed by Division-Approved Electronic Means. Division approved
electronic means include the internet and any other technology the division in
its discretion, may approve, or when appropriate, the panel may approve. The
transmittal date recorded by the division's automated systems shall determine
the date of filing.
.4 continued
Claims Filed by Mail. "mail" means delivery through the united states postal
service or by other commercial carrier, but not by electronic or telephonic
means. in the event that the division permits filing a continued claim by mail,
the claimant must complete and sign the document. the division must receive the
document at the central office of the division no later than the last day of
the filing period.
.5 continued
claims filed in person. in the event that the division permits filing an
in-person continued claim, he or she must file in person, a completed claim
form, signed by the claimant at a public employment office or at the central
office of the division. the claimant must complete this action no later than
the last day of the filing period.
2.1.8
Temporary Absence From
State. Claimants who reside in Colorado and temporarily leave the state
to seek employment and, while absent from the state, satisfy the eligibility
requirements set forth in 8-73-107, C.R.S., and the regulations pursuant
thereto will be allowed to file continued claims from out-of-state. Upon a
claimant's relocation to another state, the provisions of regulation 13.1 shall
apply.
2.1.9
Nonreceipt of
Forms. If prescribed continued-claim forms are not received by the
claimant by mail, the claimant must request such forms from the division.
2.1.10
Exceptions to Time
Limits. Acts under this section 2.1 may be permitted out of time only
under limited circumstances, but regardless of whether an individual has met
the requirements of this section 2.1.10, no act under this section 2.1 shall be
permitted more than 180 days beyond the last day of the applicable time period.
Exceptions for untimely act that occur within the allotted 180 days may be
granted only if the following standards apply.
.1
Work Registration and Requested
Reports. The division may, for good cause shown, permit an individual to
register for work or provide requested reports to the division outside the
required time period without loss of eligibility. For the purposes of this
subsection, good cause shall have the meaning set forth in regulation 12.1.8.
.2 Continued Claims. Continued
Claims. The division may permit filing a continued claim out of time as set
forth in regulation 2.1.7 only if the individual establishes to the
satisfaction of the division that he or she exercised no control over the
circumstances of the untimely filing. Being unaware of the need to timely file
is not considered a factor outside an individual's control.
.3
Initial, Additional, Reopened
Claims. When an initial, additional, or reopen claim is filed, the first
week of that claim shall be determined in accordance with regulation 2.3.5. The
division may permit a change in the first week of an initial, additional, or
reopened claim only if the individual establishes to the satisfaction of the
division that he or she exercised no control over the circumstances of the
untimely filing. Being unaware of the need to timely file shall not be
considered a factor outside the individual's control.
2.1.11
Cancellation of Initial
Claim. When a benefit year is established as a result of a valid initial
claim, such claim may be cancelled only when:
.1 Part XIII of the regulations concerning
interstate and combined-wage claimants applies, or
.2 The claimant requests cancellation in
person, by mail, by facsimile machine, by division-approved electronic means,
or by telephone within twelve calendar days from the date of such filing.
Requests to cancel a valid initial claim made after the twelve-day period shall
be denied without consideration of good cause or whether the individual
exercised any control over the circumstances of the untimely request.
2.1.12
Tax-Withholding Option for Federal Programs. Claimants may choose
a tax-withholding option upon initially applying for a federal program, as
defined in Regulation 1.3.31, for which claimants receive a notice of monetary
determination.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
2.1.1 Statutory References. 8-7-111 (2)(a), 8-70-112, 8-73-107 (1)(a)(b)(e)(h), and 8-74-101 (1), C.R.S.
2.1.2 Work Registration . To qualify for benefits , an unemployed worker must register for work when instructed by the division . Failure to register for work when so instructed may result in a disallowance of benefits pursuant to regulation 2.1.6.
2.1.3 Filing an Initial, Additional, or Reopened Claim . The claimant may file an initial, additional, or reopened claim by division -approved electronic means, by telephone, by mail, or in person at the discretion of the division. Unless otherwise determined by the division, filing claims by division-approved electronic means and by telephone shall be the preferred methods of filing.
.1 If the division determines that the claimant's interests would be better served by an alternative method of claim filing, an individual may be permitted to file a claim by mail or in person . The division shall determine which alternative method of claims filing the claimant may use.
.2 If the division determines that an individual may file by mail, the following criteria shall be used in addition to the criteria contained in regulation 2.3.5 in determining the effective date of the claim:
.1 The claimant must fill out the prescribed claim form completely and correctly in order to establish a valid claim .
.2 The effective date of the claim may not be established until the claim form is correctly completed by the claimant and received by the division . If the information on the form is not complete, it may be returned to the claimant for correction. The time the corrected claim is received by the division may establish the effective date.
2.1.4 Completion of the Required Forms. After filing an initial, additional, or reopened claim , the claimant will be issued the necessary forms that must be completed and returned to the division . At the discretion of the division , completed forms may be returned to the division in person , by mail, by facsimile machine, or by division-approved electronic means. Failure to return the completed forms could result in a disallowance of benefits.
2.1.5 Reporting in Person . The division may, at its discretion, require a claimant to report in person to a public employment office to comply with such requirements as deemed necessary to demonstrate eligibility for benefits.
2.1.6 Failure to Report. Failure by the claimant to comply with a request to report in person , by telephone, by mail, by facsimile machine, or by division-approved electronic means as directed by the division or to provide the division with necessary information or documentation when so requested could result in a disallowance of benefits, unless good cause is shown.
2.1.6.1 [Emergency rule expired 08/12/2020]
2.1.7 Filing a Continued Claim . A continued claim is a request filed for waiting-period credit or payment for one or more weeks of unemployment. Claimants must file for continued claims by interactive voice response system or by division -approved electronic means. the division may permit a claimant to file a continued claim by mail or in person if filing by interactive voice response system or by division-approved electronic means would cause undue hardship for an individual.
.1 filing period. continued claims must be filed on a weekly basis, as directed by the division , and must be filed no later than the seventh day after the last day of the week for which the claimant is requesting a benefit payment.
.2 continued Claims Filed by Interactive Voice Response System . The term "interactive voice response system " means the division 's automated interface between a caller using a telephone and a division computer.
.3 continued Claims Filed by Division -Approved Electronic Means. Division approved electronic means include the internet and any other technology the division in its discretion, may approve, or when appropriate, the panel may approve. The transmittal date recorded by the division 's automated systems shall determine the date of filing.
.4 continued Claims Filed by Mail . "mail " means delivery through the united states postal service or by other commercial carrier, but not by electronic or telephonic means. in the event that the division permits filing a continued claim by mail, the claimant must complete and sign the document. the division must receive the document at the central office of the division no later than the last day of the filing period.
.5 continued claims filed in person . in the event that the division permits filing an in-person continued claim, he or she must file in person , a completed claim form, signed by the claimant at a public employment office or at the central office of the division. the claimant must complete this action no later than the last day of the filing period.
2.1.8 Temporary Absence From State. Claimants who reside in Colorado and temporarily leave the state to seek employment and, while absent from the state, satisfy the eligibility requirements set forth in 8-73-107, C.R.S., and the regulations pursuant thereto will be allowed to file continued claims from out-of-state. Upon a claimant's relocation to another state, the provisions of regulation 13.1 shall apply.
2.1.9 Nonreceipt of Forms. If prescribed continued-claim forms are not received by the claimant by mail , the claimant must request such forms from the division .
2.1.10 Exceptions to Time Limits. Acts under this section 2.1 may be permitted out of time only under limited circumstances, but regardless of whether an individual has met the requirements of this section 2.1.10, no act under this section 2.1 shall be permitted more than 180 days beyond the last day of the applicable time period. Exceptions for untimely act that occur within the allotted 180 days may be granted only if the following standards apply.
.1 Work Registration and Requested Reports. The division may, for good cause shown, permit an individual to register for work or provide requested reports to the division outside the required time period without loss of eligibility. For the purposes of this subsection, good cause shall have the meaning set forth in regulation 12.1.8.
.2 Continued Claims. Continued Claims. The division may permit filing a continued claim out of time as set forth in regulation 2.1.7 only if the individual establishes to the satisfaction of the division that he or she exercised no control over the circumstances of the untimely filing. Being unaware of the need to timely file is not considered a factor outside an individual's control.
.3 Initial, Additional, Reopened Claims. When an initial, additional, or reopen claim is filed, the first week of that claim shall be determined in accordance with regulation 2.3.5. The division may permit a change in the first week of an initial, additional, or reopened claim only if the individual establishes to the satisfaction of the division that he or she exercised no control over the circumstances of the untimely filing. Being unaware of the need to timely file shall not be considered a factor outside the individual's control.
2.1.11 Cancellation of Initial Claim . When a benefit year is established as a result of a valid initial claim , such claim may be cancelled only when:
.1 Part XIII of the regulations concerning interstate and combined-wage claimants applies, or
.2 The claimant requests cancellation in person , by mail, by facsimile machine, by division-approved electronic means, or by telephone within twelve calendar days from the date of such filing. Requests to cancel a valid initial claim made after the twelve-day period shall be denied without consideration of good cause or whether the individual exercised any control over the circumstances of the untimely request.
2.1.12 Tax-Withholding Option for Federal Programs. Claimants may choose a tax-withholding option upon initially applying for a federal program , as defined in Regulation 1.3.31, for which claimants receive a notice of monetary determination.