§ 8-74-102 — Deputy's decision - rules

Colorado § 8-74-102

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Claims for Benefits

Text

(1) Upon receipt of a claim, the division
shall notify any other interested parties of the claim by mail or electronic means in
accordance with such rules as the director of the division may promulgate. The
interested parties must be afforded seven calendar days after the date of the
notice of the claim to present any information pertinent to the claim by mail,
telephone, or electronic means in accordance with such rules as the director of the
division may promulgate. The information must be received by the division within
seven calendar days after said date. If the seventh calendar day falls on a weekend
or a state holiday, the date must be moved to the first working day immediately
following such weekend or holiday. The interested party may present information
out of time only if good cause is shown. A deputy to be designated by the director
of the division shall promptly examine all materials submitted. Whenever
information submitted is not clearly adequate to substantiate a decision, the deputy
shall promptly seek the necessary information. If it is necessary to obtain
information by mail from any source, the information shall be received by the
division no later than seven calendar days after the date of the request for
information. On the basis of the deputy's review, the deputy shall determine the
validity of the claim and, if valid, when payment shall commence, the amount
payable, and the duration of payment. The deputy shall issue a decision in all cases,
even if the claimant has insufficient qualifying wages, unless the interested
employer did not receive notice of the claim, except when the separation from
employment is due to a lack of work and no alleged disqualifying circumstances are
indicated, or unless the claimant did not file a continued claim. The deputy's
decision shall set forth findings of fact, conclusions of law, and an order. The
division shall promptly provide all interested parties with copies of the deputy's
decision.

(2) Notwithstanding articles 70 to 82 of this title, an initial determination of
arithmetic computations, wage amounts, and dates of wage payments shall not be
subject to immediate appeal. Interested parties who disagree with monetary
determinations of the division may request reconsideration of determinations as the
director of the division, by regulation, may prescribe. A reconsidered determination
of the division is subject to the provisions of section 8-74-105.

Legislative History

Source: L. 76: Entire article R&RE, p. 354, � 1, effective October 1. L. 79: Entire section amended, p. 351, � 14, effective September 30. L. 81: (1) amended, p. 510, � 5, effective July 1. L. 82: (1) amended, p. 237, � 4, effective July 1. L. 86: (2) amended, p. 489, � 91, effective July 1. L. 2002: (1) amended, p. 336, � 1, effective April 19. L. 2007: (1) amended, p. 803, � 3, effective August 3. L. 2008: (1) amended, p. 998, � 1, effective August 5. L. 2020: (1) amended, (SB 20-207), ch. 296, p. 1473, � 5, effective July 14.