Colorado § 8-74-102 - Deputy's decision - rules.

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

(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.

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.

Editor's note: This section is similar to former § 8-74-102 as it existed prior to 1976.

ANNOTATION

Duties of deputy of division of employment. Where a claim was filed for benefits under the employment security act, it was the administrative duty of the deputy to examine the claim, determine its validity and make an award of appropriate benefits. Miller v. Indus. Comm'n, 173 Colo. 476, 480 P.2d 565 (1971) (decided under former § 8-74-102).

Good-faith reliance upon the statements of department of labor employees. Fundamental fairness demands that delay caused by good-faith reliance upon the statements of department of labor employees shall not bar claimant from filing his claims and shall constitute good cause as a matter of law for late filing. Tucker v. Indus. Comm'n, 708 P.2d 484 (Colo. App. 1985).

Private postage meter marks are postmarks within the meaning of this section. Such marks are official postmarks imprinted under license from the postal service and are entitled to all the privileges applying to the various classes of mail. Gutierrez v. Indus. Claim App. Off., 841 P.2d 407 (Colo. App. 1992).