Emergency Rule Final DRAFT (06/01/2020)

PART II CLAIMS FOR BENEFITS

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. Continued claims shall be filed by interactive voice response system or by division-approved electronic means unless the division permits a continued claim to be filed by mail or in person because filing by interactive voice response system or by division-approved electronic means would cause undue hardship for an individual. Continued claims shall be filed on a weekly or biweekly basis, as directed by the division.

.5 The division, at its discretion during AN ECONOMIC CRISIS OR DECLARED STATE OF EMERGENCY, MAY a COVID-19 pandemic, shall waive the waiting week requirement.

2.4 Job Attachment

2.4.5 Duration of Job Attachment. - Claimants who are job-attached to an employer or who are job-attached by virtue of a union hiring hall arrangement will be presumed to meet the requirements of 8-73-107 (1)(g), C.R.S., for a period of up to sixteen weeks unless it can be shown that said job-attached status is not reasonably designed to result in prompt reemployment in suitable work. Job-attached status may be granted for a period of no more than two weeks to a claimant with a promise of new work. 

.1 The division, at its 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  The division may permit a period of job attachment to a claimant who suffers a lack of work as a direct result of AN ECONOMIC CRISIS OR STATE OF EMERGENCY AS DECLARED an order by the governor which requires the closure of places of public accommodation related to the COVID-19 pandemic. Such job attachment shall be for a period no longer than THE CRISIS OR DECLARATIONthe period of closure required by the order.

2.8 ELIGIBILITY REQUIREMENTS

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.

.12  The division, at its discretion during a COVID-19 pandemic, shall AN ECONOMIC CRISIS OR DECLARED STATE OF EMERGENCY MAY waive the work-search requirement. When the work-search requirement is waived, the division may require that a claimant register for work with the online job database. THE DIVISION SHALL ISSUE A PUBLIC NOTICE OF ANY CHANGES TO THE WORK SEARCH REQUIREMENTS MADE PURSUANT TO THESE REGULATIONS.

.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.

2.8.6  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 except that, this requirement shall be waived DURING TIMES OF AN ECONOMIC CRISIS OR STATE OF EMERGENCY AS DECLARED BY THE GOVERNORas a direct result of an order by the governor during a COVID-19 pandemic.  

PART IV JOB SEPARATIONS

4.3 SEPARATIONS RELATED TO THE 2020 COVID-19 PANDEMIC AND ECONOMIC CRISIS

4.3.1 STATUTORY REFERENCE:  8-73-108(4)(a), C.R.S.

4.3.1.2  As a direct result of an order by the governor, aAny benefits awarded and paid during AN ECONOMIC CRISIS OR STATE OF EMERGENCY AS DECLARED BY THE GOVERNOR a COVID-19 pandemic and normally charged to the employer’s account and experience rate shallMAY be charged to the fund. THE DIVISION SHALL ISSUE A PUBLIC NOTICE OF ANY CHANGES MADE TO BENEFIT CHARGING PURSUANT TO THESE REGULATIONS.

4.3.1.3  Benefits payable pursuant to this regulation 4.3 shall not be payable during any week during which the claimant has been determined to be entitled to other, similar benefits which may be made available by act of Congress or the President in response to AN ECONOMIC CRISIS OR STATE OF EMERGENCY the COVID-19 pandemic.

PART VI PREMIUMS AND ASSESSMENTS 

6.1 EMPLOYER PREMIUMS 

6.1.2 Due Date of Premiums. Except as otherwise provided by this rule 6.1, premiums shall become due and be paid no later than the last day of the month immediately following the end of the calendar quarter for which the premiums have accrued. For purposes of this rule 6.1, payment will be considered timely if postmarked or received in person or electronically on or before the due date. If the due date of premiums falls on a Saturday, Sunday, or legal holiday, payment will be considered timely if postmarked or received in person or electronically on the next business day that is not a Saturday, Sunday, or legal holiday. 

.1 Quarterly payment shall not be required when the total amount of any premiums due, including any penalties and interest accrued for an untimely or incorrect report, is less than five dollars.

.2  QUARTERLY Payment will be considered timely if AN ECONOMIC CRISIS OR DECLARED STATE OF EMERGENCY:

.1 A COVID-19 infection at the employer's place of business cCaused the employer to close or severely curtail operations THE EMPLOYER’S PLACE OF BUSINESS AND THE EMPLOYER NOTIFIED THE DIVISION WITHIN 30 DAYS OF THE DUE DATE; OR.

.2  The employer or an immediate family member received a request from a medical professional, local health official, or the secretary of health to be isolated or quarantined as a consequence of COVID-19 AND THE EMPLOYER NOTIFIED THE DIVISION WITHIN 30 DAYS OF THE DUE DATE; AND.

.3 QUARTERLY PAYMENT IS RECEIVED WITHIN 30 DAYS OF THE DUE DATE OR THE EMPLOYER CAN ESTABLISH GOOD CAUSE FOR SUBMITTING THE PAYMENT MORE THAN 30 DAYS LATE.

PART VII EMPLOYER RECORDS AND REPORTS

7.2 REPORTS 

7.2.4 Unemployment Insurance Quarterly Reports. Every employer subject to the act shall furnish to the division a quarterly report of total covered wages paid and premiums owed, and a report of covered wages paid to all workers in his or her employ except that no such reports shall be required with respect to an employee of a state or local agency performing intelligence or counterintelligence functions if the head of such agency has determined that filing such reports could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. These reports are due and any premiums due thereon are payable no later than the last day of the month immediately following the end of each calendar quarter, regardless of whether covered wages were paid during such quarter, and shall be filed in accordance with the methods specified in rule 7.2.5. 

Quarterly wage reports will be considered timely if received electronically on or before the due date. If an employer has received a waiver of the requirement to file quarterly reports by 
electronic means, the report shall be considered timely if it is postmarked or received prior to the due date. If the due date for filing timely quarterly wage reports falls on a Saturday, Sunday, or legal holiday, the due date will be extended to the next business day that is not a Saturday, Sunday, or legal holiday. 

.1 Quarterly premiums owed reports will be considered timely if postmarked or received in person or electronically on or before the due date. If the due date for filing timely quarterly premiums owed reports falls on a Saturday, Sunday, or legal holiday, the reports due under this paragraph will be considered timely if postmarked or received in person or electronically on the next business day that is not a Saturday, Sunday, or legal holiday. Any report due under these provisions that is postmarked or received after the due date will bear penalties as provided in 8-79-104 (1), C.R.S., until properly filed on prescribed division forms using division-approved reporting methods. 

.2 Reports will be considered timely if AN ECONOMIC CRISIS OR DECLARED STATE OF EMERGENCY:

.1 A COVID-19 infection at the employer's place of business cCaused the employer to close or severely curtail operations THE EMPLOYER’S PLACE OF BUSINESS AND THE EMPLOYER NOTIFIED THE DIVISION WITHIN 30 DAYS OF THE DUE DATE; OR.

.2  The employer or an immediate family member received a request from a medical professional, local health official, or the secretary of health to be isolated or quarantined as a consequence of COVID-19 AND THE EMPLOYER NOTIFIED THE DIVISION WITHIN 30 DAYS OF THE DUE DATE; AND.

.3 QUARTERLY PAYMENT IS RECEIVED WITHIN 30 DAYS OF THE DUE DATE OR THE EMPLOYER CAN ESTABLISH GOOD CAUSE FOR SUBMITTING THE PAYMENT MORE THAN 30 DAYS LATE.