7 CCR 1101-2.8 - ELIGIBILITY REQUIREMENTS

2.8.1 Statutory References: - 8-73-107, 8-73-108(5)(a)(b)(c), and 8-73-113, C.R.S.
2.8.2 Able to Work. - In general, a claimant must be physically and mentally capable of performing the usual duties of his or her customary occupation or the usual duties of other suitable work for which he or she is reasonably qualified. The burden of establishing ability to work is on the claimant. However, there shall be no presumption that the claimant is not able to work. In determining whether the claimant is able to work, the division shall consider the relevant facts and circumstances of the claimant's individual situation.
.1 The division may request the claimant to furnish, at his or her own expense, a competent written statement from a licensed practicing physician or a licensed mental-health-care professional when the claimant's ability to work is in doubt.
.2 The claimant must be able to work all shifts that are customary for his or her usual occupation or be able to perform other suitable work for which he or she is reasonably qualified.
.3 A part-time worker's ability to work shall be determined in accordance with regulation 2.2.
.4 A claimant engaged in self-employment activities shall have his or her ability to work determined in accordance with regulation 2.5.
2.8.3 Available for Work. - In general, a claimant shall be considered available for work only if he or she is ready and willing to accept suitable work. There must be no restrictions, either self-imposed or created by other circumstances, that prevent accepting suitable work. The claimant must accept referral to suitable work or accept an offer of suitable work to avoid being disqualified from receiving benefits in accordance with 8-73-108(5), C.R.S.
.1 Labor-Market Area. A claimant must offer his or her services without restriction to the labor-market area to be considered available for work. For the purposes of this regulation 2.8, the term "labor-market area" shall mean the geographic area where the claimant can reasonably be expected to seek and find employment.
.2 Absence From State. A claimant who is temporarily absent from the state for reasons other than to seek work pursuant to regulation 2.1.8 is presumed to be not available for work. This presumption may be rebutted by competent evidence in an individual case.
.3 Change of Labor-Market Area. A claimant who relocates to a new labor-market area may be required to expand his or her work search to include other occupations for which he or she is reasonably qualified when, in the opinion of the division, opportunities for securing work in his or her customary occupation are significantly limited.
.4 Referral to Job Opening. A claimant who cannot be reached for referral to a job opening, after reasonable efforts to contact the person have been made, shall be considered unavailable for work unless good cause for failure to be reachable is shown. For purposes of this regulation 2.8, good cause shall have the meaning set forth in regulation 12.1.8.
.5 Length of Unemployment. As a claimant's duration of unemployment lengthens, prospects for obtaining employment in his or her customary occupation or other work in a reasonable time may change. Therefore, work that is unsuitable at one point in time may become suitable at another point. To be available for work, a claimant must be ready and willing to accept other work that becomes suitable as his or her prospects for customary work change. Thus, a claimant may be required to broaden the geographic area where he or she will accept work, accept counseling for possible retraining or change in occupation, or seek and accept employment at the prevailing wage in a new occupation.
.6 Incarceration. A claimant who is incarcerated and unable to accept employment under a work-release program is not available for work.
.7 Seasonal Worker. A seasonal worker who, outside the seasonal period, is not willing to accept suitable work in a nonseasonal occupation is not available for work.
.8 Self-Employment. A claimant engaged in self-employment activities shall have his or her availability determined in accordance with regulation 2.5.
.9 Time or Shift Restriction. A claimant who is unwilling to work the hours of the day or the days of the week that are customary for his or her usual occupation or other suitable work for which he or she is reasonably qualified is not available for work.
.10 Transportation. Transportation is the responsibility of the worker. A claimant who is unable to seek or accept suitable work in the labor-market area due to a lack of transportation is not available for work.
.11 Dependent Care. A claimant who elects not to seek or accept suitable work because he or she must care for a dependent person is not available for work.
.12 School or Training. Except as provided by 8-73-107(4)(a) and 8-73-113, C.R.S., and regulation 2.6, a claimant who elects not to seek or accept suitable work because of participation in or attendance at school or training is not available for work.
.13 Wage Restriction. A claimant who is unwilling to accept the prevailing wage for the type of work he or she is seeking in the labor-market area is not available for work.
.14 Part-Time Worker. A part-time worker's availability for work shall be determined in accordance with regulation 2.2.
2.8.4 Actively Seeking Work. In general, a claimant shall be considered to be actively seeking work if he or she is following a course of action reasonably designed to result in prompt reemployment in suitable work. Failure to establish to the satisfaction of the Division that the work-search activities in which the claimant engages are reasonably designed to result in prompt reemployment may result in a disallowance of benefits.
.1 Evidence Of Work Search. A claimant shall, upon request by the Division, provide verifiable information of his or her work-search activities. Such activities may include, but are not limited to:
1. Applying for a job for which the claimant is reasonably qualified.
2. Interviewing for a job for which the claimant is reasonably qualified.
3. Taking an exam required as part of the application process for a new job for which the claimant is reasonably qualified.
4. Contacting an employer, who the claimant reasonably believes may have available suitable work, to inquire as to whether the employer is hiring.
5. Being referred to a job by a state workforce center or other entity which provides similar services.
6. Adding a resume to an online job board.
7. Engaging in documented use of online career tools.
8. Participation in reemployment services at a state workforce center or other location where such similar services are provided.
9. Participation in state-sponsored or other professional job-related education or skills development.
10. Creating a user profile on a professional networking website.
11. Participating in networking events related to a job or occupation for which the claimant is reasonably qualified.
12. Timely reporting to a union hiring hall when you are a registered member of that union.
.2 Number of Work-Search Activities. The acceptable number of work-search activities that the claimant engages in each week shall be determined by the Division or the Division's designee.
.3 Reasonably Designed to Result in Prompt Reemployment. In determining the adequacy of an individual's work-search activities, the Division shall consider the totality of the efforts made by the claimant to become reemployed. In addition, the Division, or the Division's designee shall consider, but not be limited to, the employment opportunities in the claimant's labor market area, the skills and qualifications of the claimant, and the normal practices and customary methods for obtaining work.
.4 Warning Letter. The Director or the Director's designee, at his or her discretion, may elect to issue a warning letter to any claimant who has failed to meet the work-search requirements. This authority shall, in no way, limit the authority of the Division to issue a disallowance of benefits when it is determined that a claimant has not met the work-search requirements. If a claimant has been issued a warning letter for failing to meet the work-search requirements and is again determined to have failed to meet the requirements, another warning letter shall not be issued. Instead, a disallowance of benefits shall be issued for the weeks in which a second and any subsequent failure occurred unless the circumstances of that failure were outside the claimant's control.
.1 Penalties. If a claimant is issued a warning letter, pursuant to this section, it shall be considered in determining whether a claimant made a false representation or willfully failed to disclose a material fact for the purpose of determining whether monetary or weekly penalties should be imposed pursuant to 8-81-101(4)(a)(II), C.R.S.
.5 Verifiable Information. Verifiable information, as used in section 2.8.4.1 , is the date an activity is completed and may include:
1. Employer contact information, including business name, address, phone number, email address
2. Name and title of person contacted
3. Documentation of use of an online career tool
4. Confirmation of an online job board submission
5. Networking event name and location
6. Specifics of job-related education or other skills development activity
7. Reemployment service in which you participated
.6 Seasonal Worker. A claimant who is seasonally employed is not relieved of the responsibility to engage in work-search activities.
.7 Incarcerated Worker. A claimant who is incarcerated and who is unable to seek work is not actively seeking work.
.8 Limited Job Opportunities. If, due to economic conditions within the labor-market area, the division determines that any effort to search for work would be fruitless for the claimant and burdensome to employers, then registering for work as directed by the division shall constitute an active search for work.
.9 Part-Time Worker. Whether a part-time worker is actively seeking work shall be determined in accordance with regulation 2.2.
.10 Self-Employment. Whether an individual engaged in self-employment activities is actively seeking work shall be determined in accordance with regulation 2.5.
.11 [Repealed eff. 10/30/2020]
.13 under circumstances in which provisions have been made for the payment of benefits to individuals separated from work not classified as employment under article 70 of this title 8. and when such individuals are required to comply with the requirements of section 8-73-107(1)(g)(i) regarding an active work search.
.1 the following actions by the individual shall be considered in determining whether the individual has followed a course of action designed to result in a prompt return to work. consideration of the following work-search activities shall not preclude the division from also considering other relevant activities or factors.
1. documented efforts to obtain new or additional clients for the individual's business;
2. documented efforts to expand the individual's business beyond the services typically performed;
3. documented efforts to market the individual's business to new, reasonably available customers;
4. if the individual performs work for an online platform, establishing an account with another similar online platform for the purpose of seeking work with that platform;
5. if the individual performs work for an online platform, seeking work with another online platform for which the individual may reasonably be qualified;
6. any activity which demonstrates an active search for covered employment including, but not limited to, the activities listed in section 2.8.4.1.
.2 a determination under this section shall be applicable only to the eligibility of the individual claiming benefits and shall not prevent the division from later determining that the individual was engaged in covered employment pursuant to article 70 of title 8 of the act.
2.8.4a Repealed
2.8.5 Reemployment Services. - A claimant who fails to participate in reemployment services, after having been determined likely to exhaust regular benefits and to need such services pursuant to a profiling system established by the director of the division, shall be ineligible to receive benefits with respect to any week unless it is determined that:
.1 The individual has completed such services; or
.2 There is justifiable cause for the claimant's failure to participate in such services.
2.8.6 The Waiting Week. Any unemployed individual shall be eligible to receive benefits with respect to any week only if the division finds that the individual has been either totally or partially unemployed for a waiting period of one week.

Notes

7 CCR 1101-2.8
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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