Regulations (PDF Format)

Index

Cover Page

Table of Contents

Recap of Changes

Part I - General Provisions

Part II - Claims For Benefits

Part III - Wages

Part IV - (Reserved)

Part V - Benefit Charging

Part VI - Taxes and Assessments

Part VII - Employer Records and Reports

Part VIII - Reimbursing Employers

Part IX - (Reserved)

Part X - Seasonal Industry

Part XI - Redetermination and Appeals

Part XII - Good Cause

Part XIII - Interstate Arrangements

Part XIV - (Reserved)

Part XV - Benefit Overpayments

PART X - SEASONAL INDUSTRY

10.1 SEASONAL DETERMINATIONS

10.1.1 Statutory References: 8-73-104 (1), 8-73-106, and 8-76-113, C.R.S.

10.1.2 Seasonal Periods Considered. As used in section 8-73-106 (1), the words "a regularly recurring period or periods of less than twenty-six weeks in a calendar year" are deemed to include periods in those years during which an employing unit was not subject to the provisions of the Act, or during which a predecessor employer was subject to the Act and records of such predecessor are available to support such periods.

10.1.3 Seasonal Operation. No industry or functionally distinct occupation within an industry shall be deemed a "seasonal industry" as defined in section 8-73-106 (1) unless the employer certifies in the application for seasonal determination required by subsection 10.1.5 that he will fulfill the requirements set forth in subsection 10.1.4 and certifies such other information as may be required by the Division to determine eligibility for designation as a seasonal employer under this Part X.

10.1.4 Seasonal Employer. An employer shall be determined to be a seasonal employer as to a particular industry or functionally distinct occupation within an industry only if:

.1 He customarily employs workers in such industry or functionally distinct occupation only during a regularly recurring period or periods of less than twenty-six weeks in a calendar year, and

.2 He does not employ more than twenty-five percent of the total number of workers in such functionally distinct occupation outside the seasonal period that were employed in such occupation during the previous seasonal period, and

.3 He does not employ any workers in such functionally distinct occupation for a period of forty-five consecutive days following the seasonal period.

For the purposes of this Part X, no employment shall be determined to be a "functionally distinct occupation" unless its assigned duties or activities, as a whole, are identifiably distinct under the usual and customary practice of the industry.

10.1.5 Application for Determination. An employer who wishes designation as a seasonal employer or determination or redetermination of a seasonal period or periods shall make application with the Division upon such forms as may be prescribed by the Division.

10.1.6 Notice of Application. The Division shall require the employer to post a Notice of Application for Seasonal Status on such forms as the Division may require, and shall require the employer to notify the unions representing any of its workers that an application for seasonal status has been filed.

10.1.7 Seasonal Determination. Upon review of the matters set forth in the application and such other information as it may require, the Division shall issue a determination as to the employer's seasonal status, its seasonal period, the functionally distinct occupations determined to be seasonal, and the functionally distinct occupations determined to be nonseasonal.

10.1.8 Seasonal Workers. A worker may not be determined to be a "seasonal worker" if:

.1 The worker performs services for a seasonal employer outside the employer's designated seasonal period or periods; or

.2 The worker performs services for a seasonal employer for twenty-six weeks or more in a calendar year.

10.1.9 Appeal From Determination. Any employer who wishes to protest a determination made under the provisions of this section shall, within fifteen calendar days of the date the seasonal determination is mailed, file a notice of appeal with the Division, and obtain a hearing in accordance with section 8-76-113, C.R.S., and section 11.2 of these regulations.

10.1.10 Notice of Operation Outside Season. Each seasonal employer shall give written notice to the Division within thirty days when the seasonal industry or functionally distinct occupation is operated for twenty-six weeks or more in a calendar year and, for a functionally distinct occupation, when more than twenty-five percent of the total number of workers that were employed in any such functionally distinct occupation during the designated season are employed in such occupation outside the seasonal period or there is not a forty- five consecutive day period outside the seasonal period during which no workers are employed in such functionally distinct occupation.

10.1.11 Annual Report. In addition to the notice required in subsection 10.1.10, every employer who has been designated a seasonal employer must file a written report on prescribed forms on or before the last day of February, which report shall inform the Division of the beginning and ending dates of the previous calendar year's seasonal operation and such other information as may be required by the Division to show compliance with this Part X.

10.1.12 Notification. Each seasonal employer shall notify each seasonal worker in writing at the time of hire of the worker's seasonal status and the beginning and ending dates of the seasonal period for which he is to be employed.

10.1.13 Loss of Seasonal Status. If an employer, subsequent to the date on which he was designated as a seasonal employer, fails to fulfill the requirements of subsection 10.1.4 or fails, without good cause, to comply with the reporting or notification requirements of this Part X during a calendar year, such employer shall lose his seasonal status. Any determination by the Division that an employer has lost his seasonal status shall be made in writing and mailed to the employer and shall be subject to appeal pursuant to subsection 10.1.9.

10.1.14 Reinstatement of Seasonal Status.

.1 An employer who has lost his designation as a seasonal employer, and who wishes reinstatement as such, may make application with the Division for reinstatement in any calendar year subsequent to the year in which he lost his designation as a seasonal employer, provided, however, such employer has met the requirements of subsection 10.1.4 in the calendar year immediately preceding application for reinstatement.

.2 A worker who has performed services for a seasonal employer outside the employer's designated seasonal period or periods, and thereby lost his status as a seasonal worker, shall regain his status as a seasonal worker if he is not thereafter employed by such employer between any two following designated seasonal periods and he is subsequently reemployed by the employer in a seasonal industry or occupation.



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