PART I
GENERAL PROVISIONS	
1.1	PREAMBLE
Pursuant to the provisions of 8-72-102, C.R.S., and other provisions of the Colorado Employment Security Act, the industrial commission of Colorado, ex officio, unemployment compensation commission of Colorado hereby adopts and promulgates the following regulations.
1.2.19 EFFECTIVE DATE FOR THE 2009 AMENDMENTS.  The rules adopted on August 14, 2009, are effective on October 30, 2009.

1.2.20 Basis and Purpose for the 2009 Amendments.  The amendments effective October 30, 2009, are adopted pursuant to 8-72-102, C.R.S, to:
.1 Reflect the changes in the reporting requirements for employee-leasing companies in part xvi. 
.2 Create processes related to employee misclassification by adding new Part XVII.
.3  Modify provisions required by legislative enactments to add a definition for remuneration in part I. 
.4 Reflect statutory amendments in part ii, by allowing for a work-search waiver for an individual who has a qualifying job separation under 8-73-108 (4) (t) C.R.S, and;
.5 Extend the waiver of the requirements to register for work and report to an employment office as a condition of being eligible to receive unemployment insurance benefits for a claimant who is job-attached.

1.7 AMENDMENT OF REGULATIONS CONCERNING EMPLOYMENT SECURITY BY EMERGENCY RULE MADE PERMANENT

1.7.5 Statement of Basis And Purpose as to an Emergency Rule Made Permanent.  The rules adopted on August 14, 2009, are effective on October 30, 2009.  The explanation for the new rule is as follows: 

.1 The rule adds a new subsection .1 to regulation 2.4.5 of part II of the Regulations Concerning Employment Security and complies with 8-73-107 (1) (a) C.R.S.  The rule allows the division to extend the period of job-attachment or union-attachment up to 26 weeks; and

.2 The rule adds amendments to regulation 2.8.4 and a subsection .8 to regulation 2.8 of part II of the Regulations Concerning Employment Security that complies with 8-73-107 (1) (g), C.R.S.  The rule allows for a work-search waiver for an individual who has a qualifying separation.
1.3  Definitions.
As used in these regulations, the following words shall have the following meanings:

.22 The term “remuneration,” as used in §8-73-110, C.R.S., shall mean any payment the individual receives from the employer which the individual would not have received had he or she not separated from employment.  

PART II
CLAIMS FOR BENEFITS	

2.4  JOB ATTACHMENT.

2.4.5  Duration of Job Attachment

.1  the division, at it’s discretion during times of economic recession, may extend the period of job attachment for up to twenty-six weeks for claimants who are job-attached to an employer or who are job-attached by virtue of a union hiring hall arrangement.

2.8  ELIGIBILITY REQUIREMENTS

2.8.4	Actively Seeking Work. A claimant must make reasonable and diligent efforts to actively seek suitable work unless otherwise relieved of this requirement when he or she is  participating in approved training, is job attached, has a qualifying job separation as a surviving military spouse, or has limited job opportunities pursuant to articles 70 to 82 of title 8, C.R.S., or the regulations. A claimant who limits his or her work search solely to positions that are not available in the labor-market area or to positions for which he or she is not reasonably qualified shall not be considered actively seeking suitable work.

.8  Qualifying Job Separation as a Surviving Military Spouse.  The division shall waive the requirement to actively seek work for a claimant who relocates to a new place of residence because of the death of a spouse in combat, provided that the claimant is available for suitable work and that the individual claimant’s spouse at the time of death had been a member of the United States Armed Forces on active duty as defined in 10 U.S.C. Sec. 101(d)(1), active guard and reserve duty as defined in 10 U.S.C. Sec. 101 (d)(6), or title 10 or 32 of the United States Code.

PART XVI
EMPLOYEE LEASING COMPANIES	

16.2 EMPLOYEE-LEASING COMPANY STATUS

16.2.2 Employee-Leasing Company Reporting Election.  At the time of application for certification, an employee-leasing company shall elect to report and pay unemployment insurance taxes under its own account or under the respective work-site employer’s account.  For any employee-leasing company certified as of December 31, 2009, the initial election shall be submitted to the division no later than December 31, 2009 for unemployment reporting purposes beginning with all wages paid on or after January 1, 2010.

PART XVII
EMPLOYEE MISCLASSIFICATION	

17.1  MISCLASSIFICATION COMPLAINT PROCESS

17.1.1  Statutory Reference:  8-72-114 (3), C.R.S.

17.1.2  Written Order.  Upon conclusion of a requested investigation of misclassification, the division shall issue a written order in conjunction with an audit report including any determination of the existence of an employment relationship.

17.1.3  Appeal From Determination.  Any employer who wishes to appeal a determination made under the provisions of this part xvii of the regulations shall file a notice of appeal with the division.  A hearing may be obtained in accordance with 8-76-113, C.R.S., and regulation 11.2.

17.2  NONBINDING ADVISORY OPINION

17.2.1  Statutory Reference: 8-72-114 (4)(A), C.R.S.

17.2.2  Issuance Of Advisory Opinion.  An advisory opinion, described in 8-72-113 (4)(a), C.R.S., shall be issued only if:

.1  The employer completes and submits a request for a written advisory opinion using such filing methods as may be prescribed by the division; and

.2  Upon submitting the request for a written advisory opinion, the employer must submit a nonrefundable fee of $100; and

.3  In conjunction with the request, as solicited by the division, the employer must provide information and evidence as described in 8-70-115, C.R.S.