Colorado § 8-76-113 Protest - appeal - filed by an employer

Colorado Statutes

§ 8-76-113 — Protest - appeal - filed by an employer

Colorado § 8-76-113

Title 08Labor and

Art.Premiums - Coverage

This text of Colorado § 8-76-113 (Protest - appeal - filed by an employer) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 8-76-113 (2026).

Text

(1)Any employer who wishes to appeal a determination of liability for premiums or surcharges, a determination of coverage under the provisions of articles 70 to 82 of this title, or a seasonality determination pursuant to section 8-73-106 may file a written notice of appeal with the division in such form and manner as the director of the division may prescribe by rule, including in person, by mail, or by electronic means. Except as otherwise provided by this section, proceedings on appeal shall be governed by the provisions of article 74 of this title. No appeal shall be heard unless the notice of appeal has been received by the division within twenty calendar days after the date the notice of such determination is mailed or transmitted by the division to the employer in accorda

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(1) Any employer who
wishes to appeal a determination of liability for premiums or surcharges, a
determination of coverage under the provisions of articles 70 to 82 of this title, or a
seasonality determination pursuant to section 8-73-106 may file a written notice of
appeal with the division in such form and manner as the director of the division may
prescribe by rule, including in person, by mail, or by electronic means. Except as
otherwise provided by this section, proceedings on appeal shall be governed by the
provisions of article 74 of this title. No appeal shall be heard unless the notice of
appeal has been received by the division within twenty calendar days after the date
the notice of such determination is mailed or transmitted by the division to the
employer in accordance with such rules as the director of the division may
promulgate.

(2) Any employer who wishes to protest an assessment of premiums or
surcharges, a notice of premium rate, a recomputation of premium rate, or any
notice of correction of any matter set forth in this subsection (2) shall file a request
for redetermination with the division, in accordance with rules promulgated by the
director of the division. The division shall thereafter promptly notify the employer of
its redetermination decision. Any employer who wishes to appeal from a
redetermination decision may file a written notice of appeal with the division.
Except as otherwise provided by this section, proceedings on appeal shall be
governed by the provisions of article 74 of this title. No appeal shall be heard
unless notice of appeal has been received by the division within twenty calendar
days after the date the notice of such redetermination is mailed or transmitted by
the division to the employer in accordance with such rules as the director of the
division may promulgate.

(3) Any determination or redetermination from which appeal may be taken
pursuant to subsection (1) or (2) of this section shall be final and binding upon the
employer unless a notice of appeal is filed in accordance with the time limits set
forth in subsections (1) and (2) of this section or unless the employer establishes to
the satisfaction of the division that he had good cause for failure to file a timely
notice of appeal. Guidelines for determining what constitutes good cause shall be
established by the director of the division.

(3.5) Any administrative appeal pursuant to this section shall be conducted
by a referee or hearing officer of the division.

(4) In connection with any appeal proceeding conducted pursuant to this
section, the referee may, upon application by any party or upon his own motion:

(a) Convene a prehearing conference to discuss the issues on appeal, the
evidence to be presented, and any other relevant matters which may simplify
further proceedings;

(b) Permit the parties to engage in prehearing discovery, insofar as
practicable, in accordance with the Colorado rules of civil procedure and, in
connection therewith, to shorten or extend any applicable response time; and

(c) Permit or require the filing by the parties of briefs, arguments of law, or
statements of position.

(5) In matters involving a pending claim for benefits, the referee shall give
due regard to the rights of the claimant to a speedy and informal hearing and may
impose such limitations upon discovery as he deems reasonable.

(6) Repealed.

Legislative History

Source: L. 77: Entire section added, p. 469, � 23, effective July 7. L. 79: Entire section R&RE, p. 354, � 22, effective September 30. L. 81: (1) and (2) amended, p. 502, � 16, effective July 1. L. 86: (2) and (3) amended and (3.5) and (6) added, p. 494, � 101, effective July 1. L. 86, 2nd Ex. Sess.: (2) amended and (6) repealed, p. 56, �� 3, 5, effective August 15. L. 2002: (1) and (2) amended, p. 339, � 11, effective April 19. L. 2007: (1) and (2) amended, p. 804, � 7, effective August 3. L. 2009: (1) and (2) amended, (HB 09-1363), ch. 363, p. 1902, � 21, effective July 1.