PART I
GENERAL PROVISIONS	
1.3  DEFINITIONS
As used in these regulations, the following words shall have the following meanings:

.22 The term “remuneration,” as used in §8-73-110, C.R.S., shall mean any payment the individual receives from the employer which the individual would not have received had he or she not separated from employment.  

PART II
CLAIMS FOR BENEFITS	

2.4  JOB ATTACHMENT.

2.4.5  Duration of Job Attachment

.1  THE DIVISION, AT IT’S 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.

2.8  ELIGIBILITY REQUIREMENTS

2.8.4	Actively Seeking Work. A claimant must make reasonable and diligent efforts to actively seek suitable work unless otherwise relieved of this requirement when he or she is by virtue of participation participating in approved training, is job attachmentattached, has a qualifying job separation as a surviving military spouse, or has limited job opportunities pursuant to articles 70 to 82 of title 8, C.R.S., or the regulations. A claimant who limits his or her work search solely to positions that are not available in the labor-market area or to positions for which he or she is not reasonably qualified shall not be considered actively seeking suitable work.

.8  qualifying job separation as a surviving military spouse.  THE DIVISION SHALL WAIVE THE REQUIREMENT TO ACTIVELY SEEK WORK FOR A CLAIMANT WHO RELOCATES TO A NEW PLACE OF RESIDENCE because of THE DEATH OF A SPOUSE IN COMBAT, PROVIDED that THE CLAIMANT IS AVAILABLE FOR SUITABLE WORK AND THAT THE INDIVIDUAL CLAIMANT’S SPOUSE AT THE TIME OF DEATH HAD BEEN A MEMBER OF THE UNITED STATES ARMED FORCES ON ACTIVE DUTY AS DEFINED IN 10 U.S.C. SEC. 101(d)(1), ACTIVE GUARD AND RESERVE DUTY AS DEFINED IN 10 U.S.C. SEC. 101 (d)(6), OR TITLE 10 OR 32 OF THE UNITED STATES CODE.

PART XVI
Employee Leasing Companies	

16.2 EMPLOYEE-LEASING COMPANY STATUS

16.2.2 Employee-Leasing Company Employer Account REPORTING ELECTION.  AT THE TIME OF APPLICATION FOR CERTIFICATION, AN EMPLOYEE-LEASING COMPANY SHALL ELECT TO REPORT AND PAY UNEMPLOYMENT INSURANCE TAXES UNDER ITS OWN ACCOUNT OR UNDER THE RESPECTIVE WORK-SITE EMPLOYERS ACCOUNT.  THE INITIAL ELECTION SHALL BE SUBMITTED TO THE DIVISION NO LATER THAN December 31, 2009 BE THE ONLY REPORTING UNIT FOR EACH COVERED EMPLOYEE FOR UNEMPLOYMENT REPORTING PURPOSES BEGINNING WITH ALL WAGES PAID ON OR AFTER JANUARY 1, 2010.

.1 If an employee-leasing company does not currently have an unemployment insurance employer account, each employee-leasing company shall obtain an unemployment insurance employer account number and experience rate.

PART XVII
EMPLOYEE MISCLASSIFICATION	

17.1  MISCLASSIFICATION COMPLAINT PROCESS

17.1.1  STATUTORY REFERENCE:  8-72-114 (3), C.R.S.

17.1.2  Written Order.  UPON CONCLUSION OF A REQUESTED INVESTIGATION OF MISCLASSIFICATION, THE DIVISION SHALL ISSUE A WRITTEN ORDER IN CONJUNCTION WITH AN AUDIT REPORT INCLUDING ANY DETERMINATION OF THE EXISTENCE OF AN EMPLOYMENT RELATIONSHIP.

17.1.3  Appeal from determination.  ANY EMPLOYER WHO WISHES TO APPEAL A DETERMINATION MADE UNDER THE PROVISIONS OF THIS PART XVII OF THE REGULATIONS SHALL FILE A NOTICE OF APPEAL WITH THE DIVISION.  A HEARING MAY BE OBTAINED IN ACCORDANCE WITH 8-76-113, C.R.S., AND REGULATION 11.2.

17.2  NONBINDING ADVISORY OPINION

17.2.1  STATUTORY REFERENCE: 8-72-113 (4)(a), C.R.S.

17.2.2  Issuance of advisory opinion.  AN ADVISORY OPINION, DESCRIBED IN 8-72-113 (4)(a), C.R.S., SHALL BE ISSUED ONLY IF:

.1  THE EMPLOYER COMPLETES AND SUBMITS A REQUEST FOR A WRITTEN ADVISORY OPINION using such filing methods as may be prescribed by the division; AND

.2  UPON SUBMITTING THE REQUEST FOR A WRITTEN ADVISORY OPINION, THE EMPLOYER MUST SUBMIT A NONREFUNDABLE FEE OF $100; AND

.3  IN CONJUNCTION WITH THE REQUEST, AS SOLICITED BY THE DIVISION, THE EMPLOYER MUST PROVIDE INFORMATION AND EVIDENCE AS DESCRIBED IN 8-70-115, C.R.S.