§ 8-72-107 — Records and reports - fee - violation - penalty

(1) Each
employing unit shall keep true and accurate work records, containing such
information as the division may prescribe. Such records shall be retained for a
period of not less than five years and shall be open to inspection and be subject to
being copied by the division or its authorized representatives at any reasonable
time and as often as may be necessary. The division or any referee may require from
any employing unit any sworn or unsworn reports, with respect to persons
employed by it, which it or the referee deems necessary for the effective
administration of articles 70 to 82 of this title. Information thus obtained, or
obtained from any individual pursuant to the administration of articles 70 to 82 of
this title, except to the extent necessary for the proper presentation of a claim, or
withholding tax or unemployment insurance account numbers if such numbers are
obtained from the department of revenue pursuant to section 39-21-113, C.R.S.,
shall be held confidential and shall not be published or be open to public inspection
(other than to public employees in the performance of their public duties, to an
agent of a state or local child support enforcement agency pursuant to section 8-72-109 (9), or to an agent of the division designated as such in writing for the
purpose of accomplishing certain of the division's functions) in any manner
revealing the individual's or employing unit's identity. Any interested party or such
party's authorized representative, in preparation for and prior to any hearing on a
claim governed by articles 70 to 82 of this title, shall be entitled to examine and,
upon the payment of a reasonable fee to the division, obtain a copy of any materials
contained in such records to the extent necessary for proper presentation of the
party's position at the hearing. Notwithstanding said provisions of this subsection
(1), any applicant for work shall be entitled to examine and copy, or obtain a copy
from the division upon payment of the costs of duplication, any letters of reference
or other similar documents pertaining to the applicant that are in possession of the
division. Any employee or member of the division or any referee who violates any
provision of this article is guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than twenty dollars nor more than two
hundred dollars, or by imprisonment in the county jail for not more than ninety days,
or by both such fine and imprisonment.

(2) The division may request the comptroller of the currency of the United
States to cause an examination of the correctness of any return or report of any
national banking association rendered pursuant to the provisions of articles 70 to
82 of this title. In connection with such request, the division may transmit any such
report or return to the comptroller of the currency of the United States as provided
in section 1606 (c) of the federal internal revenue code.

(3) Repealed.

Legislative History

Source: L. 36, 3rd Ex. Sess.: p. 35, � 11. L. 37: p. 1265, � 9. CSA: C. 167A, � 11. L. 41: p. 785, � 11. CRS 53: � 82-3-7. C.R.S. 1963: � 82-3-7. L. 69: p. 668, � 2. L. 73: pp. 958, 963, �� 2, 1. L. 76: (1) and (3) amended, p. 337, � 7, effective October 1. L. 77: (3) amended, p. 475, � 1, effective July 1. L. 81: (1) amended, p. 483, � 3, effective July 1; (2) amended, p. 491, � 4, effective July 1. L. 83: (2) amended, p. 2042, � 4, effective October 1. L. 84: (3) amended, p. 316, � 5, effective July 1. L. 86: (3) amended, p. 702, � 8, effective July 1. L. 91: (3) repealed, p. 1360, � 2, effective September 1. L. 97: (1) amended, p. 559, � 1, effective July 1. L. 2009: (1) amended, (HB 09-1363), ch. 363, p. 1881, � 8, effective July 1.