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
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