PART I – GENERAL PROVISIONS	

1.2.17	Basis and Purpose for the 2008 Amendments.  The amendments effective December 1, 2008, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying provisions required by legislative enactments to facilitate increased efficiency and effectiveness in the administration of the appeals process, AND TO INCLUDE the employee -leasing companY requirements AND TO remove obsolete language from the regulations CONCERNING EMPLOYMENT SECURITY. 

1.2.18	Effective Date for the 2008 Amendments.  The Rules adopted on September 30, 2008, are effective on December 1, 2008.

1.3  DEFINITIONS.   As used in these regulations, the following words shall have the following meanings:

.6  Public Employment Office.  The term “public employment office” shall mean any job service WORKFORCE center, itinerant service point, public employment office, or representative thereof.

.11 Written, in Writing.  The terms “written” and “in writing” shall mean:

.1 Decisions, determinations, notices, account statements, and documents provided by the division OR THE PANEL to an interested party, or their authorized representative, if any, in person, by mail, by facsimile machine, or by electronic means.

.2 Appeals, applications, documents, elections, forms, notices, protests, reports, and requests submitted to the division OR THE PANEL by an interested party, or their authorized representative, if any, when handwritten or typed, transmitted using division-approved electronic means and formats, OR PANEL-APPROVED ELECTRONIC MEANS, or provided using a division interactive voice response system when this method is expressly permitted by regulation.

.14	  Electronic. The term “electronic” shall have the meaning set forth in 8-70-103 (8.5), C.R.S., and, for purposes of these regulations, said meaning shall include the Internet and any other technology the division in its discretion may approve, OR WHEN APPROPRIATE, THE PANEL MAY APPROVE.

.20  Corrected Decision. The term “corrected decision” shall refer to a decision issued by a deputy or a hearing officer or the panel, within 30 days subsequent to the date of his or its decision, to correct typographical or clerical or other minor errors.  A “corrected decision” is not a reconsidered decision as provided by 8-74-105, C.R.S. Notice of a corrected decision shall promptly be given to all interested parties.

.21	 Employer.   The TERM “employer” shall mean any employing unit or employeE-leasing company SET FORTH in 8-70-113 and 8-70-114, C.R.S., unless the context clearly indicates otherwise.

1.8  DATE OF FILING. Where part II, part V, part VI, part VII, part X, part XI, part XII, part XIII, or part XV of these regulations provides for the filing of documents, the date of filing shall be the postmark date, if mailed, the date received, if filed in person OR MAILED, the receipt date encoded on a facsimile document, or the receipt date recorded by the division’s automated systems if filed using division-approved electronic means OR THE RECEIPT DATE RECORDED BY THE PANEL’S AUTOMATED SYSTEMS IF FILED USING PANEL-APPROVED ELECTRONIC MEANS or a division interactive voice response system unless the regulation specifically provides otherwise.

1.9  DIVISION OR PANEL COMMUNICATIONS. The division OR PANEL may request information from an interested party and their authorized representative, if any, by personal delivery, by mail to their last known address as shown in the division’s OR THE PANEL’S records, by telephone, by facsimile machine, or by electronic means.  Any decision, determination, notice, or statement that conveys protest or appeal rights shall be provided in accordance with articles 70 to 82 of title 8, C.R.S., and these regulations.

PART II – CLAIMS FOR BENEFITS	

2.1.7 Filing a Continued Claim.

.1	Claims Filed by Interactive Voice Response System.  A continued claim shall be filed by the claimant after the last day of the week(s) for which the claim is made, but not later than seven FOURTEEN calendar days following the last day of such week(s) using CUBLine, the division’s interactive voice response system. 

.2	Claims Filed by Division-Approved Electronic Means.  A continued claim shall be filed by the claimant after the last day of the week (s) for which the claim is made, but not later than seven FOURTEEN calendar days following the last day of such week (s).  The transmittal date recorded by the division’s automated systems shall determine the date of filing.

.3  	Claims Filed by Mail.  In the event that filing a continued claim by mail is permitted by the division, such claim shall be completed, signed by the claimant, and mailed to RECEIVED BY the central office of the division after the last day of the week(s) for which the claim is made, but not later than seven FOURTEEN calendar days following the last day of such week(s).  The postmark on the payorder card or the envelope in which the claim is mailed shall determine the date of mailing.
.4	Claims Filed in Person.  In the event that filing an in-person continued claim is permitted by the division, a completed claim, signed by the claimant, shall be filed in person at a public employment office or at the central office of the division.  Such claim shall be submitted after the last day of the week(s) for which the claim is made, but not later than seven FOURTEEN calendar days following the last day of such week(s).

PART VII – EMPLOYER RECORDS AND REPORTS	

7.2.6 Request for Report. The division may request a wage and/or separation report concerning a particular worker using any of the communication methods specified in regulation 1.9 for the purpose of confirming a report previously submitted or obtaining information necessary to enable the division to make a determination of benefit rights.  Such report shall be furnished to the division in person, by mail, by telephone, or by division-approved electronic means AND SHALL BE RECEIVED BY THE DIVISION within twelve calendar days after the date on which the division requests such information.

PART VIII
REIMBURSING  EMPLOYERS EMPLOYER  BOND  REQUIREMENTS	

8.1.1	Statutory ReferenceS:  8-70-114 AND 8-76-110 C.R.S.

8.1.2	Bond Requirements.  A surety bond, deposit of money, or securities, specified in 8-70-114 (2)(g)(III) AND 8-76-110 (4), C.R.S., shall be required only if the amount of the bond, deposit of money, or securities computed as provided in said sectionS is one hundred dollars or more.

8.1.3	BOND CALCULATION, EMPLOYEE LEASING.  THE BOND CALCULATION REQUIRED IN SECTION 8-70-114 (2)(g)(III)(A), SHALL BE BASED ON THE TOTAL TAXES ASSESSED UNDER THE EMPLOYEE-LEASING COMPANY’S UNEMPLOYMENT INSURANCE ACCOUNT, INCLUDING TAXES ASSESSED FOR WORK-SITE EMPLOYERS REQUIRED TO REPORT UNDER THE EMPLOYEE-LEASING COMPANY’S ACCOUNT.  IF IN THE PRIOR YEAR, THE WORK-SITE EMPLOYER REPORTED UNDER A SEPARATE UNEMPLOYMENT INSURANCE ACCOUNT, THE TAXES ASSESSED FOR THE WORK-SITE EMPLOYER IN THE SEPARATE ACCOUNT SHALL BE INCLUDED IN THE BOND CALCULATION FOR THE CURRENT YEAR.

PART X – SEASONAL INDUSTRY	

10.1.9 Appeal From Determination.  Any employer who wishes to protest a determination made under the provisions of this part X of the regulations shall, within fifteen calendar days of the date the seasonal determination is provided, file a notice of appeal with the division. and obtain a hearing in accordance with 8-76-113, C.R.S., and regulation 11.2. Such notice of appeal must be received by the division within twenty calendar days of the date the seasonal determination was mailed.  A hearing may be obtained in accordance with 8-76-113, C.R.S., and regulation 11.2.

PART XI – REDETERMINATIONS AND APPEALS	

11.1.11 Appeals From Redeterminations. Any party who wishes to appeal from a redetermination decision shall file a written notice of appeal with the division IN ACCORDANCE WITH REGULATION 11.2.  No such appeal shall be heard unless the notice of appeal has been postmarked or received by the division within fifteen calendar days from the date the notice of such redetermination is provided by the division to the appealing party in accordance with regulation 1.3.11.1, unless the party establishes good cause for failure to file a timely notice of appeal. Such notice of appeal must be received by the division within twenty calendar days of the date the REdetermination DECISION was mailed.  Appeals shall be FILED AND heard pursuant to 8-74-103 to 8-74-109 and 8-76-113, C.R.S., and regulation 11.2.

11.2.13 Failure to Appear.

.1 In the event the appealing party fails to appear at the time and place scheduled for the hearing before the hearing officer for which notice has been provided, such nonappearance shall constitute a withdrawal of the appeal, and the decision that was the subject of the appeal shall become final, unless the party establishes, pursuant to part XII of the regulations, that he or she had good cause for EXCUSING the failure to appear.  Written notice that the appeal has been dismissed shall be provided to the interested parties named in the caption. If a written request that the hearing be rescheduled is made, the request must be filed with the division within fifteen calendar days RECEIVED BY THE DIVISION WITHIN TWENTY CALENDAR DAYS of the date the dismissal notice was issued by the division.  The date of filing shall be determined by the postmark, if mailed, the date received, if filed in person, the receipt date encoded on a facsimile document, or the receipt date recorded by the division’s automated systems if filed using division-approved electronic means. An untimely request that a hearing be rescheduled may be permitted by the division for good cause shown, pursuant to the procedure set forth in part XII of the regulations. 

.2 In the event that any other interested party fails to appear for a scheduled hearing, and a decision is issued by a hearing officer on the merits of the appeal, such party may request that a new hearing be scheduled either by filing a written request with the panel or filing a written appeal from the hearing officer's decision containing such request, postmarked or received by the panel within fifteen TWENTY calendar days after the date of mailing of the hearing officer's decision, and establishing, pursuant to part XII of the regulations, that he or she had good cause for EXCUSING the failure to appear for the appeal hearing.  SUCH A REQUEST FOR A NEW HEARING SHALL BE FILED WITH THE PANEL IN PERSON, BY MAIL, BY FACSIMILE MACHINE OR BY PANEL-APPROVED ELECTRONIC MEANS, OR AT A PUBLIC EMPLOYMENT OFFICE OR THE CENTRAL OFFICE OF THE DIVISION OR THE OFFICE WHERE THE HEARING OFFICER IS LOCATED OR BY DIVISION-APPROVED ELECTRONIC MEANS.  An untimely request for a new hearing may be permitted by the panel for good cause shown, pursuant to the procedure set forth in part XII of the regulations.  If it is determined THAT the party has shown good cause for the failure to appear, the hearing officer's decision that was issued on the merits of the appeal shall be vacated and a new hearing scheduled forthwith.

11.2.15 Procedure for Appeal to the Panel.

.1 An appeal from a decision of a hearing officer shall be by written notice of appeal that shall be in any form that signifies an intent to appeal and shall be filed with the panel in person, by mail, by facsimile machine OR BY PANEL-APPROVED ELECTRONIC MEANS, by division-approved electronic means, or at a public employment office or the central office of the division or the office where the hearing officer is located OR BY DIVISION-APPROVED ELECTRONIC MEANS.  AN APPEAL FROM A DECISION OF A HEARING OFFICER SHALL BE FILED WITHIN THE TIME LIMITS PROVIDED BY 8-74-104(1), C.R.S. AND REGULATION 1.8.  When an appeal has been received, the appeal file and record shall be transmitted to the panel.  The panel shall notify the interested parties named in the caption of the hearing officer’s decision that an appeal has been filed and shall provide a copy of the written appeal to the other-named parties.

.12 Briefing Schedule. A “brief” for purposes of this rule, shall be any document apparently intended by an interested party to be a written argument.  After the transcript of the hearing has been prepared, copies of the transcript shall be provided to the interested parties named in the caption of the hearing officer’s decision with a notice that the parties may submit a brief.  Each named interested party may submit one brief within twelve calendar days after the date the notice was provided to the party by the panel.  The panel shall provide a copy of the appealing party’s brief, or a notice that a brief was not received, to the other-named interested parties.  If a brief has been filed by the appealing party, the other-named interested parties may submit a brief in response.  Such brief must be filed with the panel within ten calendar days of the date the appealing party’s brief was provided to the other-named interested parties by the panel.  Requests for extensions of time for the filing of briefs must be in writing as defined in regulation 1.3.11.2 and will be granted only on a specific showing of inability to submit a brief within the time limits set forth herein.  When a party files an appeal of a hearing officer’s decision in circumstances in which there is no transcript to be prepared, the appealing party shall submit its written argument, if any, with the appeal.

.13 NONE OF THE PROVISIONS OF THIS SECTION 11.2.15 CONCERNING TRANSCRIPT COSTS SHALL BE EFFECTIVE UNLESS THE HEARING OFFICER’S DECISION BEING APPEALED INCLUDES THE STATEMENT CONCERNING THE APPROXIMATE COST OF THE TRANSCRIPT AS PROVIDED IN SECTION 11.2.14. 

PART XII – GOOD CAUSE	

12.1.3 Procedure. Whenever an interested party files an untimely appeal from a deputy’s decision, or whenever an appeal from a deputy’s decision has been dismissed because the appealing party has failed to appear for a scheduled hearing before a hearing officer and has requested that a new hearing be scheduled, the division shall determine if good cause has been shown for permitting the untimely appeal or excusing the failure to appear.  Whenever an interested party files an untimely appeal from a hearing officer’s decision, or whenever an interested party failed to appear for a hearing held on an appeal from a deputy’s decision and has filed a request for a new hearing, the panel shall determine if good cause has been shown for permitting the untimely appeal or excusing the failure to appear.  The division or the panel shall make a determination of good cause only if the untimely appeal or request for new hearing contains a statement of the reasons for which the party failed to act in a timely manner.  The statement shall demonstrate the basis for a finding of good cause for permitting the untimely appeal or excusing the failure to appear at the hearing by stating the reasons therefore with supporting relevant facts.  If the party’s untimely appeal or request for a new hearing does not contain such a statement or if the statement is insufficient, the division or the panel, as appropriate, shall notify the party that the untimely appeal or request for a new hearing shall not be accepted unless the party can show good cause for his or her failure to act as required, and the party shall have ten calendar days from the date of such notice to submit a written statement with the division or the panel, as appropriate.

12.1.4 Signing of Statement. All statements provided for the purpose of part XII of these regulations shall be written, signed by the person providing the statement, and may be submitted in person, by mail, by facsimile machine, or by division-approved electronic means, or if submitted to the panel, by panel-approved electronic means.

12.1.6 Additional Evidence. In determining whether good cause has been shown for permitting an untimely appeal from a deputy's decision or for excusing failure to appear for a hearing, the chief hearing officer or designee may take or accept additional reliable evidence by such means as shall be deemed appropriate for the resolution of the issue, including holding a hearing.  In making an initial determination of whether good cause has been shown for permitting an untimely appeal from a hearing officer's decision or for excusing the failure to appear for a hearing, the panel may request or accept additional written evidence or may obtain additional evidence by other reliable means as shall be deemed appropriate or may order that a hearing be conducted by a hearing officer to obtain such evidence deemed necessary to resolve this issue.

12.1.7 Appeals. If any interested party objects to a determination of the chief hearing officer or designee or the panel, based solely on written documents, made without the benefit of a hearing, that good cause exists for an untimely appeal from a deputy's decision; or objects to a determination of the chief hearing officer or designee or the panel, that excuses the failure to appear for a hearing or determines that good cause exists for an untimely request for a new hearing; or objects to a determination that good cause exists for accepting an untimely appeal and a new reconstruction hearing is required because the complete record of the proceedings is no longer available, that interested party may present its objections at the hearing scheduled on the issues in dispute.  The hearing officer will consider all objections and responses and supporting evidence and will determine if good cause exists for permitting the untimely appeal or excusing the failure to appear or excusing the untimely request for a new hearing based on the evidence presented.  If good cause is not found, the hearing will be terminated and any previously vacated hearing officer's decision on the merits of the appeal shall be reinstated.  If good cause is found, the hearing will proceed on the merits of the issue in dispute. However, if no additional relevant or dispositive facts are elicited at the hearing, the hearing officer shall not disturb the panel’s decision.

PART XVI
EMPLOYEE-LEASING COMPANIES	

16.1	EMPLOYEE-LEASING COMPANY CERTIFICATIONS

16.1.1	STATUTORY REFERENCE:  8-70-114 AND 8-76-104 (8), 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 LIST AS REQUIRED BY REGULATION 16.1.3., AND

.2	UPON FILING THE APPLICATION AND WORK-SITE EMPLOYER LIST, THE EMPLOYER MUST SUBMIT A NONREFUNDABLE FEE OF $500, AND

.3	IN CONJUNCTION WITH THE APPLICATION, THE EMPLOYER MUST PROVIDE EVIDENCE OF SECURITIZATION OF UNEMPLOYMENT TAXES AS SET FORTH IN 8-70-114 (2)(g)(III) AND REGULATION 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 UPON SUCH FORMS AND 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 AND 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 IDENTIFICATION NUMBER OF EACH BUSINESS, AND THE NAME AND SOCIAL SECURITY NUMBER OF EACH EMPLOYEE PERFORMING WORK FOR EACH COEMPLOYER CLIENT.

16.1.4	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.

16.1.5	APPEAL FROM DETERMINATION.  ANY EMPLOYER WHO WISHES TO PROTEST A DETERMINATION MADE UNDER THE PROVISIONS OF 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 OF 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.

16.1.6	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.

16.1.7	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.

16.1.8	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 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 16.1.5.

16.1.9	EMPLOYEE-LEASING COMPANY EMPLOYER ACCOUNT.  AN EMPLOYEE-LEASING COMPANY SHALL BE THE ONLY REPORTING UNIT FOR EACH COVERED EMPLOYEE FOR UNEMPLOYMENT REPORTING PURPOSES BEGINNING WITH ALL WAGES PAID ON OR AFTER JANUARY 1, 2009.

.1	IF AN EMPLOYEE-LEASING COMPANY DOES NOT CURRENTLY HAVE AN UNEMPLOYMENT INSURANCE EMPLOYER ACCOUNT, EACH EMPLOYEE-LEASING COMPANY SHALL OBTAIN AN UNEMPLOYMENT INSURANCE EMPLOYER ACCOUNT NUMBER AND EXPERIENCE RATE.  THE EXPERIENCE RATE OF THE WORK-SITE EMPLOYERS OR EMPLOYEE-LEASING COMPANY CLIENTS SHALL NOT BE TRANSFERRED TO THE EMPLOYEE-LEASING COMPANY IN ACCORDANCE WITH 8‑76‑104 (8) C.R.S.

16.1.10	EFFECT OF AGENCY RELATIONSHIP UPON STATUS AS EMPLOYEE LEASING COMPANY.  IF AN ENTITY, OR ANY PORTION OF ITS BUSINESS, MEETS THE REQUIREMENTS UNDER SECTION 8-70-114 (2) C.R.S., THAT ENTITY SHALL BE DETERMINED TO BE AN EMPLOYEE LEASING COMPANY AND NOT AN AGENT, FOR THE PURPOSES OF SECTION 8-70-114 C.R.S.

16.1.11	APPLICATION TO BE AN APPROVED ASSURANCE ORGANIZATION.  ANY ASSURANCE ORGANIZATION SEEKING TO BE AN APPROVED, QUALIFIED ASSURANCE ORGANIZATION IN ACCORDANCE WITH 8-70-114 (2)(g)(III)(C) C.R.S., 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 EVIDENCE OF SECURITIZATION OF UNEMPLOYMENT TAXES AS SET FORTH IN 8-70-114 (2)(g)(III) C.R.S.

16.2		QUALIFIED ASSURANCE ORGANIZATION

16.2.1	STATUTORY REFERENCE:  8-70-114 (2)(g)(III)

16.2.2	APPLICATION TO BE AN APPROVED ASSURANCE ORGANIZATION.  ANY ASSURANCE ORGANIZATION SEEKING TO BE AN APPROVED, QUALIFIED ASSURANCE ORGANIZATION IN ACCORDANCE WITH 8-70-114 (2)(g)(III)(C) C.R.S., 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 EVIDENCE OF SECURITIZATION OF UNEMPLOYMENT TAXES AS SET FORTH IN 8-70-114 (2)(g)(III) C.R.S.  

16.2.3	ASSURANCE-ORGANIZATION APPROVAL.  UPON APPROVAL, EACH ASSURANCE ORGANIZATION SHALL RECEIVE WRITTEN NOTIFICATION FROM THE DIVISION DIRECTOR.  SUCH APPROVAL SHALL BE VALID FOR THREE YEARS, UNLESS THE ASSURANCE ORGANIZATION FAILS TO COMPLY WITH ANY PROVISION OF THE LAW.

16.2.4	SUBSEQUENT APPROVAL.  AN APPROVED ASSURANCE ORGANIZATION SHALL MAKE SUBSEQUENT APPLICATION WITH THE DIVISION AT LEAST NINETY DAYS PRIOR TO THE EXPIRATION DATE SPECIFIED IN THE WRITTEN APPROVAL NOTICE.