2.6 Approved-Training Course

PART I GENERAL PROVISIONS

1.2.21 Effective Date for the 2009 Amendments. The rules adopted on October 30, 2009, are effective on December 30, 2009.

1.2.22 Basis and Purpose for the 2009 Amendments. The amendments effective December 30, 2009, are adopted pursuant to 8-72-102, C.R.S., for the purpose of modifying provisions required by legislative enactments to facilitate increased efficiency and effectiveness in the administration of the appeals process, and to include House Bill 09-1363, Unemployment Compensation Enterprise requirements to the Regulations Concerning Employment Security.

PART II CLAIMS FOR BENEFITS

2.6 APPROVED-TRAINING COURSE

2.6.1 Statutory Reference: 8-73-107 (4) and 8-73-114, C.R.S.

2.6.4 ENHANCED UNEMPLOYMENT INSURANCE COMPENSATION BENEFITS.

.1 Availability of Enhanced Benefits. Enhanced benefit payments will be made only until the total amount available to cover all costs to the state of Colorado under section 903(g) of the federal “Social Security Act” as specified in 8-73-114, C.R.S., are substantially exhausted or June 30, 2012 whichever comes first.

.2 Authorization to Participate. A Colorado local workforce center will determine whether a claimant is authorized to participate and the Unemployment Insurance Program will adjust and pay continued unemployment insurance claims to include the enhanced unemployment insurance compensation for authorized participants who are eligible.

.1 The authorization to participate made by workforce centers is not appealable within the Unemployment Insurance Program.

.3 Eligibility Determinations. Eligibility determinations for the continuation of enhanced unemployment insurance compensation to the authorized participants will be issued by the Unemployment Insurance Program to participants only after a claimant is subsequently deemed ineligible under 8-73-114 and only for reasons other than funds no longer being substantially available under the aforementioned acts. Eligibility determinations will not be issued when funds are no longer substantially available. The eligibility determinations issued by the Unemployment Insurance Program are appealable as described in Part XI of the Regulations.

.1 In no way shall an eligibility determination or payment of enhanced unemployment insurance compensation benefits or services arising from authorization to participate in receiving said compensation be construed as an entitlement.

PART IV JOB SEPARATIONS 4.1 SEPARATIONS RELATED TO RELOCATION

4.1.1 STATUTORY REFERENCE: 8-73-108 (4), C.R.S

4.1.2 SPOUSE’S EMPLOYMENT LOCATION CHANGED. If a claimant separates from his or her employment due to a change in location of the employment of the claimant’s spouse, the Division shall consider in determining benefit entitlement whether the claimant has demonstrated all the required elements of 8-73-108 (4)(s) or 8-73-108 (4)(u), C.R.S. the Division may, at its discretion, request from the claimant additional documentation related to any or all of the following:

.1 The claimant has established a spousal relationship with the individual whose employment necessitates a new place of residence. .2 The claimant has established that his or her spouse secured employment prior to the claimant separating from his or her job. .3 The claimant has established that the change in his or her spouse’s employment requires a new place of residence. .4 The claimant has established that it is impractical to commute to his or her place of employment from the new place of residence. .5 The claimant has established that, upon arrival to the new location, he or she is available for suitable work as described in section 8-73-108(5)(b) C.R.S.

PART XI REDETERMINATIONS AND APPEALS

11.2 APPEALS PROCEDURE

11.2.2 Scope of Section. The procedures described herein deal with appeals on disputed claims under 8-74-101, et. seq., C.R.S.; appeals from determinations of liability, determinations of coverage, and seasonality determinations under 8-76-113 (1), C.R.S.; appeals from redeterminations regarding quarterly statements of benefits charged to an employer's account under 8-76-103 (4), C.R.S.; appeals from redeterminations as to an assessment of taxes, rate of tax, recomputation of rate, or correction of any such matter under 8-76-113 (2), C.R.S.; redeterminations of reimbursement billings under 8-76-110 (3)(e), C.R.S.; appeals from redeterminations of monetary eligibility under 8-74-102 (2), C.R.S.; and appeals from eligibility determinations regarding enhanced unemployment insurance compensation under 8-73-114, C.R.S., as defined in regulation 2.6.4.

PART XVII EMPLOYEE MISCLASSIFICATION

17.1 MISCLASSIFICATION COMPLAINT PROCESS

17.1.1 Statutory Reference: 8-72-114 (3), C.R.S. 17.1.4 The Division, prior to committing department resources to a full audit under the provision of this article, shall take into consideration whether the purported acts of misclassification are inconsistent with section 8-70- 115 (b) C.R.S.

17.1.5 The Director shall not use an advisory opinion previously issued pursuant to section 8-72-114 (4) C.R.S. for the purposes of initiating an unemployment insurance audit.