Chapter 21 - § 21.5 • DECISION MAKERS IN THE ADMINISTRATIVE PROCESS AND BEYOND

• Jurisdiction: Colorado

§ 21.5 • DECISION MAKERS IN THE ADMINISTRATIVE PROCESS AND BEYOND

§ 21.5.1—The Deputy Level

The deputy is the first decision maker in the claim process. Taking into account the reasons for termination supplied by the claimant and the employer, the deputy decides what type of award should be granted to the claimant. Each interested party generally receives a written copy of the deputy's decision. The decision is final if not appealed. C.R.S. § 8-74-106.

The deputy's decision may be appealed to the Appeals Section of the Division by filing a written notice of appeal. The notice of appeal must be received by the Division within 20 days after the deputy's decision was mailed out to the parties. The mailing date is indicated on the decision. If the 20th day is a Saturday, Sunday, or legal holiday, the appeal must be received by the following business day. Postmark is not considered in determining the timeliness of an appeal submitted by mail. As a result, it is useful to send the appeal via facsimile and retain the transmission report as proof of timeliness.

The Division will set a hearing date for the appeal and will send both parties a hearing notice along with a copy of the claim file in order to fully inform each interested party of all the separation issues that may be raised at the hearing.

If the claimant was granted benefits, an appeal does not stop benefit payments. However, if an appeal changes the deputy's original decision to a disqualification, the claimant will be required to repay the benefits already received. C.R.S. § 8-81-101(4)(a)(I).

§ 21.5.2—Showing Good Cause For A Late Appeal

"Good cause" can be shown to justify an untimely filing. If certain circumstances prevent a party from acting in a timely manner, the party may request that the Division consider this matter based on "good cause," as defined by the "Regulations Concerning Employment Security — Substantive Guidelines 12.1.8."

In determining whether good cause has been shown for permitting an untimely action or excusing the failure to act as required, the Division and the Industrial Claim Appeals Office (ICAO) may consider any relevant factors including, but not limited to,

1) Whether the party acted in the manner that a reasonably prudent individual would have acted under the same or similar circumstances;
2) Whether there was administrative error by the division;
3) Whether the party exercised control over the untimely action, except that the acts and omissions of a party's

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