C.R.S. § 8-20-207 — CO Code / Title 8 / Article 20 / Part 2 / Section 8-20-207
8-20-207. Method of tests
Status: in_force

8-20-207. Method of tests. Tests made by the director of the division of oil and public safety shall be made in accordance with the most recent standard methods of tests of ASTM. The director of the division of oil and public safety is not required in every case to make a complete analysis to ascertain every form of impurities, such as sulphur and tar-like matter, but when, in the opinion of the director, a more complete analysis is necessary or advisable, the director may make a detailed chemical analysis to determine exactly the impurities or imperfections. The director in his or her discretion is authorized to make inspections of petroleum products loaded for shipment into this state, at points outside of this state.
C.R.S. § 8-20-222 — CO Code / Title 8 / Article 20 / Part 2 / Section 8-20-222
8-20-222. Improvers of products
Status: in_force

8-20-222. Improvers of products. All materials, fluids, or substances offered for sale or exposed for sale, purporting to be substances for, or improvers of, fuel products to be used for power, heating, lubricating, or illuminating purposes, before being sold, exposed, or offered for sale, shall be submitted to the director of the division of oil and public safety for examination and inspection, and shall only be sold or offered for sale when properly labeled with a label, the form and contents of which label has been approved by the director in writing.
C.R.S. § 8-42-105 — CO Code / Title 8 / Article 42 / Section 8-42-105
8-42-105. Temporary total disability - hearings
Status: in_force

8-42-105. Temporary total disability - hearings. (1) In case of temporary total disability of more than three regular working days' duration, the employee shall receive sixty-six and two-thirds percent of said employee's average weekly wages so long as such disability is total, not to exceed a maximum of ninety-one percent of the state average weekly wage per week. Except where vocational rehabilitation is offered and accepted as provided in section 8-42-111 (3), temporary total disability payments shall cease upon the occurrence of any of the events enumerated in subsection (3) of this section. If vocational rehabilitation is offered and accepted, any party may at any time terminate vocational rehabilitation upon fourteen days' written notice to the other parties and the director. For purposes of this section, termination of vocational rehabilitation shall be the same as if vocational rehabilitation had never been offered and accepted, and the employer or insurance carrier shall not be entitled to recover any temporary total disability benefits paid during the period that vocational rehabilitation was provided.

(2) (a) The first installment of compensation shall be paid no later than the date that liability for the claim is admitted by the insurance carrier or self-insured employer. If the insurance carrier or self-insured employer denies liability for the claim, the claimant may request an expedited hearing on the issue of compensability if the application is filed within forty-five days after the date of mailing of the notice of contest. The director shall set any such expedited matter for hearing within forty days after the date of the application, when the issue is liability for the disease or injury. The time schedule for such an expedited hearing is subject to the extensions set forth in section 8-43-209. If a claimant elects not to request an expedited hearing pursuant to this paragraph (a), the time schedule for hearing the matter shall be as set forth in section 8-43-209. Compensation shall be paid at least once every two weeks, except where the director determines that payment in installments should be made at some other interval. The director may by rule convert monthly benefit schedules to weekly or other periodic schedules.

(b) Temporary disability compensation is not due and payable for any period of time for which the insurer or self-insured employer has requested from the employee's attending physician verification of the employee's inability to work resulting from the claimed injury or disease and the physician cannot verify the employee's inability to work, unless the employee has been unable to receive treatment for reasons beyond the employee's control. Failure of the physician to submit such verification, through no fault of the employee, shall not affect the payment of temporary disability compensation under this section.

(c) If an employee fails to appear at an appointment with the employee's attending physician, the insurer or self-insured employer shall notify the employee by certified mail that temporary disability benefits may be suspended after the employee fails to appear at a rescheduled appointment. If the employee fails to appear at a rescheduled appointment, the insurer or self-insured employer may, without a prior hearing, suspend payment of temporary disability benefits to the employee until the employee appears at a subsequent rescheduled appointment.

(d) If the insurer or self-insured employer has requested and failed to receive from the employee's attending physician verification of the employee's inability to work resulting from the claimed injury or disease, medical services provided by the attending physician are not compensable until the attending physician submits such verification.

(3) Temporary total disability benefits shall continue until the first occurrence of any one of the following:

(a) The employee reaches maximum medical improvement;

(b) The employee returns to regular or modified employment;

(c) The attending physician gives the employee a written release to return to regular employment; or

(d) (I) The attending physician gives the employee a written release to return to modified employment, such employment is offered to the employee in writing, and the employee fails to begin such employment.

(II) In the case of employment by a temporary help contracting firm, once the employee has received one written offer of modified employment meeting the requirements of subparagraph (III) of this paragraph (d), the employee shall be deemed to be on notice that modified employment is available. Subsequent offers of modified employment need not be in writing so long as the job requirements of such modified employment are within the restrictions given the employee by the employee's attending physician and the employee is allowed a period of at least twenty-four hours, not including any part of a Saturday, Sunday, or legal holiday, within which to respond to any such offer.

(III) A written offer of modified employment under subparagraph (II) of this paragraph (d) shall clearly state:

(A) That future offers of employment need not be in writing;

(B) The policy of the temporary help contracting firm regarding how and when employees are expected to learn of such future offers; and

(C) That benefits under this section will be terminated if an employee fails to respond to an offer of modified employment.

(4) (a) In cases where it is determined that a temporarily disabled employee is responsible for termination of employment, the resulting wage loss shall not be attributable to the on-the-job injury.

(b) The claimant's refusal to accept an offer of modified employment under either of the following conditions does not constitute responsibility for termination:

(I) The offer of modified employment would require the claimant to travel a distance of greater than fifty miles one way more than the claimant's preinjury commute;

(I.5) The offer of modified employment would require the claimant to drive to or from the place of employment and an authorized treating physician has restricted the claimant from driving; or

(II) An administrative law judge determines that the claimant's rejection of the offer of modified employment was reasonable considering the totality of the claimant's circumstances, including accounting for:

(A) The consequences of the industrial injury;

(B) The financial hardship that would be imposed on the claimant in order to accept the offer of modified employment; or

(C) Any other reasons that would, in the opinion of the administrative law judge, make it impracticable for the claimant to accept the offer of modified employment.

(c) The circumstances described in paragraph (b) of this subsection (4) are not exhaustive.

(5) (a) Within forty-five days after an insurer or self-insured employer terminates an employee's temporary total disability benefits pursuant to subsection (3)(c) of this section, the employee may file an application for an expedited hearing on any of the following issues:

(I) Who the attending physician is;

(II) Whether the attending physician gave the employee a written release to return to regular employment; and

(III) Whether there is a difference of opinion between authorized treating medical providers regarding whether the employee is released to return to regular employment.

(b) If an administrative law judge finds there is a difference of opinion as described in subsection (5)(a)(III) of this section, the employee has the burden of proving by a preponderance of the evidence that, as a proximate result of the claimed injury or disease, the employee is unable to return to regular employment. If the employee meets this burden, the administrative law judge shall reinstate the employee's terminated temporary total disability benefits back to the date of termination.
C.R.S. § 8-85-103 — CO Code / Title 8 / Article 85 / Section 8-85-103
8-85-103. Functions of office - functions of department - appropriations - rules
Status: in_force

8-85-103. Functions of office - functions of department - appropriations - rules. (1) There is hereby created within the department the office of independent living services. The purpose of the office is to oversee the contracts with independent living centers pursuant to this article.

(2) (a) Subject to available appropriations, the office may contract with independent living centers for independent living core services.

(b) The executive director shall review expenditures in accordance with the standards for independent living services set by the office pursuant to section 8-85-105 and the evaluation standards prescribed in section 8-85-107. The office may withhold state funds if the executive director determines that the programs of such independent living centers do not comply with said standards.

(3) For purposes of allocating money under this article, each independent living center shall submit to the office a proposed budget, which must include proposed expenditures, including proposed expenditures for services that the center intends to provide.

(4) On or before July 1, 2016, the department shall promulgate a rule for the block distribution of state money to independent living centers. The rule must include at least:

(a) A base amount of not less than six hundred thousand dollars; and

(b) Other factors agreed to by the independent living centers, which may include a per capita adjustment, a per county adjustment, or other adjustments.
C.R.S. § 8-42-124 — CO Code / Title 8 / Article 42 / Section 8-42-124
8-42-124. Assignability and exemption of claims - payment to employers - when
Status: in_force

8-42-124. Assignability and exemption of claims - payment to employers - when. (1) Except for amounts due under court-ordered support or for a judgment for a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, excess public assistance paid for which the recipient was ineligible, or overpayment of paid family and medical leave benefits paid pursuant to article 13.3 of this title 8, claims for compensation or benefits due, or any proceeds thereof, under articles 40 to 47 of this title 8 shall not be assigned, released, or commuted except as provided in articles 40 to 47 of this title 8 and are exempt from all claims of creditors and from levy, execution, and attachment or other remedy or recovery or collection of a debt, which exemption may not be waived.

(2) The power given in any power of attorney or other authority from any injured employee or the dependents of any killed employee purporting to authorize any other person to receive, be paid, or receipt for any compensation benefits awarded any such claimant shall be wholly void and illegal and of no force and effect; except that:

(a) Any employer who is subject to the provisions of articles 40 to 47 of this title and who, by separate agreement, working agreement, contract of hire, or any other procedure, continues to pay a sum in excess of the temporary total disability benefits prescribed by articles 40 to 47 of this title to any employee temporarily disabled as a result of any injury arising out of and in the course of such employee's employment and has not charged the employee with any earned vacation leave, sick leave, or other similar benefits shall be reimbursed if insured by an insurance carrier or shall take credit if self-insured to the extent of all moneys that such employee may be eligible to receive as compensation or benefits for temporary partial or temporary total disability under the provisions of said articles, subject to the approval of the director. If the employee is injured while under a fixed duration contract of employment, all salary and wages paid pursuant to that contract shall be prorated over the duration of the contract in determining whether in any given week the employer paid a sum in excess of the temporary total disability benefit.

(b) This subsection (2) shall not apply to an attorney licensed to practice law in this state and acting in accordance with a power of attorney given by the claimant solely for the purpose of distributing funds pursuant to an admission of liability or an order of the division.

(3) Such payments shall be paid directly to the employer during the period of time that such employer continues to pay a sum in excess of the temporary total disability benefits prescribed by articles 40 to 47 of this title and has not charged any earned vacation leave, sick leave, or other similar benefits to any employee so disabled and for so long as such employee is eligible for temporary disability benefits under the provisions of articles 40 to 47 of this title. The payment of such moneys to an employer shall constitute the payment of compensation or benefits to the employee in accordance with the provisions of section 8-42-103.

(4) When the payment by an employer to any such disabled employee is reduced to a sum equal to or less than the temporary total disability benefits prescribed by articles 40 to 47 of this title, or when the employer has charged the employee with any earned vacation leave, sick leave, or other similar benefits for any reason, the rights of the employee to receive direct payment of any award for temporary partial or temporary total disability that said employee may be entitled to on and after the effective date of such reduction shall be reinstated in accordance with the provisions of articles 40 to 47 of this title.

(5) Any employer subject to the provisions of articles 40 to 47 of this title and otherwise qualifying for direct payment of employee benefits as provided in this section shall notify the division and the insurance carrier of such employer's eligibility to receive such moneys. The director shall approve such direct payment after the filing of such information by the employer as the director may require.

(6) Nothing in this section limits the right of any employee to full payment of any award that may be granted to the employee for permanent partial or permanent total disability under the provisions of articles 40 to 47 of this title 8; except that benefits for permanent total disability and permanent partial disability are subject to wage assignment or income assignment as wages pursuant to section 14-14-102 (9), subject to garnishment as earnings pursuant to section 13-54.5-101 (2)(b), and subject to administrative lien and attachment pursuant to section 26-13-122 for purposes of enforcement of court-ordered child support. Benefits for permanent total disability and permanent partial disability are also subject to garnishment as earnings pursuant to sections 13-54-104 (1)(b)(IV) and 13-54.5-101 (2)(d) for purposes of enforcement of a judgment for a debt for fraudulently obtained public assistance, fraudulently obtained overpayments of public assistance, excess public assistance paid for which the recipient was ineligible, or overpayment of paid family and medical leave benefits paid pursuant to article 13.3 of this title 8.

(7) Following an injury, any injured employee may authorize in writing the continuation of any payroll deduction which the employee had authorized or could have authorized before the injury, which authorization shall be legal and may be honored by the employer to the extent that proceeds of compensation of claims are available to the employer or are made available to the employer by the employer's insurance carrier for this purpose until the authorization is revoked in writing by the injured employee.

(8) If any employer who pays to an injured employee a sum in excess of the temporary total disability benefits prescribed by articles 40 to 47 of this title and who has not charged the employee with any earned vacation leave, sick leave, or other similar benefits seeks to have assigned the compensation benefits otherwise due the injured employee as provided in this section, the employer shall notify the employee of said request at the same time the employer makes the request of the director or insurance carrier or both.

(9) (a) Upon receiving notice of a lien from the family and medical leave insurance program, created pursuant to section 8-13.3-516, due to payment of family and medical leave benefits pursuant to article 13.3 of this title 8, so long as such notice is provided prior to the payment of workers' compensation temporary total disability or temporary partial disability benefits in an admitted claim, an insurer or a self-insured employer shall reimburse the family and medical leave insurance program for concurrently paid or due family and medical leave benefits and admitted compensation by diverting unpaid benefits for temporary total disability or temporary partial disability to the family and medical leave insurance program, in accordance with section 8-13.3-513 (2), not to exceed one hundred percent of ongoing workers' compensation temporary total disability or temporary partial disability benefits.

(b) This subsection (9) applies only if the family and medical leave and workers' compensation benefits are for the same injury or occupational illness nexus.
C.R.S. § 8-20-1004 — CO Code / Title 8 / Article 20 / Part 10 / Section 8-20-1004
8-20-1004. Rules
Status: in_force

8-20-1004. Rules. The director has the authority to promulgate rules as necessary for the implementation of this part 10.
C.R.S. § 8-46-102 — CO Code / Title 8 / Article 46 / Part 1 / Section 8-46-102
8-46-102. Funding for subsequent injury fund and major medical insurance fund
Status: repealed

8-46-102. Funding for subsequent injury fund and major medical insurance fund. (1) (a) For every compensable injury resulting in death wherein there are no persons either wholly or partially dependent upon the deceased, the employer or the employer's insurance carrier, if any, shall pay to the division the sum of twenty thousand dollars, not to exceed one hundred percent of the death benefit, to be transmitted to the state treasurer, as custodian, and credited by the state treasurer to the Colorado uninsured employer fund created in section 8-67-105. In the event that there are only partially dependent persons dependent upon the deceased, the employer or the employer's insurance carrier, if any, shall first pay such benefits to such partial dependents and shall transmit the balance of the sum of twenty thousand dollars to the state treasurer, as custodian, who shall credit the same to the Colorado uninsured employer fund.

(b) In the event that the deceased is a minor with no persons either wholly or partially dependent upon the deceased, the employer or the employer's insurance carrier, if any, shall pay to the parents of the deceased the sum of fifteen thousand dollars, not to exceed one hundred percent of the death benefit. In the event that there are no surviving parents, the employer or the employer's insurance carrier, if any, shall pay such benefits to the division, to be transmitted to the state treasurer, as custodian, and credited by the state treasurer to the subsequent injury fund. In the event that there are persons only partially dependent upon the deceased, the employer or the employer's insurance carrier, if any, shall first pay such benefits to such partially dependent persons and shall pay the balance to the surviving parents of the deceased, or in the event that there are no surviving parents, the remaining balance shall be paid to the division, to be transmitted to the state treasurer, as custodian, who shall credit the same to the subsequent injury fund.

(c) For injuries sustained on or after July 1, 2018, and on each July 1 thereafter, the director shall adjust the amount paid to the Colorado uninsured employer fund in this subsection (1) by the percentage of the adjustment made by the director to the state weekly wage pursuant to section 8-47-106.

(2) (a) (I) Notwithstanding sections 10-3-209 (1)(c) and 10-6-128 (3), C.R.S., for the purpose of funding the financial liabilities of the subsequent injury fund pursuant to this section and of the major medical insurance fund pursuant to section 8-46-202, every person, partnership, association, and corporation, whether organized under the laws of this state or of any other state or country, every mutual company or association, every captive insurance company, and every other insurance carrier, including Pinnacol Assurance, insuring employers in this state against liability for personal injury to their employees or death caused thereby under the provisions of articles 40 to 47 of this title shall, as provided in this subsection (2), be levied a tax upon the premiums received in this state, whether or not in cash, or on account of business done in this state for such insurance in this state at a rate determined by the director to generate sufficient revenue for claim payments and direct and indirect costs of administration that are anticipated to be submitted in the following state fiscal year for which such funds are liable. In determining the rate, the director shall, in addition to revenue for claim payments and direct and indirect costs of administration that are anticipated to be due in the following state fiscal year, maintain a cash balance in both the major medical insurance fund and the subsequent injury fund of an amount of otherwise unrestricted revenues equal to approximately one year's worth of claim payments and direct and indirect administrative costs. Such insurance carriers shall be credited with all canceled or returned premiums actually refunded during the year of such insurance.

(II) Repealed.

(b) Every such insurance carrier shall, on July 1, 1988, and semiannually thereafter, make a return, verified by affidavits of its president and its secretary or by affidavits of its other chief officers or agents, to the division, stating the amount of all such premiums received and credits granted during the period covered by such return. Every insurance carrier required to make such return shall file the same with the division within thirty days after the close of the period covered thereby and shall, at the same time, pay to the division a tax ascertained as provided in paragraph (a) of this subsection (2), less return premiums on canceled policies.

(c) Every employer acting as a self-insurer under the provisions of articles 40 to 47 of this title shall, under oath, report to the division the employer's payroll in such form as may be prescribed by the director and at the times specified for premium reports by insurance companies in paragraph (b) of this subsection (2). The division shall assess against such payroll a tax for the purposes of paragraph (b) of this subsection (2) on the basic premiums chargeable against the same or most similar industry or business taken from the manual insurance rates, including any discount or experience modification allowed, chargeable by Pinnacol Assurance, and, upon receipt of notice from the division of the tax so assessed, every such self-insurer shall, within thirty days after the receipt of such notice, pay to the division the tax so assessed.

(d) If any such insurance carrier or self-insurer fails or refuses to make the return or report required by paragraph (b) or (c) of this subsection (2), the director shall assess the tax against such insurance carrier or self-insurer at the rate provided for in this subsection (2) on such amount of premium as the director may deem just, and the proceedings thereof shall be the same as if the return had been made.

(e) If any such insurance carrier or self-insurer withdraws from business in this state before the tax provided for in this subsection (2) falls due as provided in this section, or fails or neglects to pay such tax, the director shall proceed at once to collect the same; and the director is authorized to employ such legal processes as may be necessary for that purpose. Suit shall be brought by the director in any of the courts of this state having jurisdiction.

(f) The director, in the enforcement of this subsection (2), shall have all of the powers granted in articles 40 to 47 of this title, and any insurance carrier or self-insurer who violates any of the provisions of this subsection (2) or fails to pay the tax thereby imposed is guilty of a violation of said articles and shall be subject to the penalties therein prescribed.

(g) All moneys collected pursuant to this subsection (2) shall be transmitted to the state treasurer, as custodian, who shall credit the same to the subsequent injury fund and to the major medical insurance fund as determined by the director in accordance with subsection (3) of this section. Any interest earned on the investment or deposit of moneys in said funds shall remain in the funds and shall not revert to the general fund of the state at the end of any fiscal year.

(3) (a) As determined by the director, a portion of the revenue received each year pursuant to subsection (2) of this section shall be deposited into the subsequent injury fund, established in section 8-46-101 (1)(b), and a portion shall be deposited into the major medical insurance fund, established in section 8-46-202 (1). In addition, the director may move revenue between the funds when the director determines that doing so is necessary. The director shall continue to establish a surcharge rate pursuant to subsection (2) of this section until the balance in both such funds is sufficient to meet the future claim payments plus the amount necessary to pay the direct and indirect costs of administration of the funds, at which time the surcharge rate established in paragraph (a) of subsection (2) of this section shall be reduced to zero.

(b) For the purpose of determining the proper allocation of the surcharge and making the estimates contemplated in paragraph (a) of this subsection (3), the director shall contract for the services of qualified private actuaries.
C.R.S. § 8-72-112 — CO Code / Title 8 / Article 72 / Section 8-72-112
8-72-112. Division - reporting - veterans programs
Status: in_force

8-72-112. Division - reporting - veterans programs. The division, by September 30, 2002, and on or before September 30 each year thereafter, shall provide sufficient information to enable the Colorado board of veterans affairs to complete the report required by section 28-5-703 (3), C.R.S.
C.R.S. § 8-2-116 — CO Code / Title 8 / Article 2 / Part 1 / Section 8-2-116
8-2-116. Age of employee not ground for discharge
Status: repealed

8-2-116. Age of employee not ground for discharge. (Repealed)
C.R.S. § 8-13.3-503 — CO Code / Title 8 / Article 13.3 / Part 5 / Section 8-13.3-503
8-13.3-503. Definitions
Status: in_force

8-13.3-503. Definitions. As used in this part 5, unless the context otherwise requires:

(1) "Application year" means the 12-month period beginning on the first day of the calendar week in which an individual files an application for family and medical leave insurance benefits.

(2) "Average weekly wage" means one-thirteenth of the wages paid during the quarter of the covered individual's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5), in which the total wages were highest. For purposes of calculating average weekly wage, wages include, but are not limited to, salary, wages, tips, commissions, and other compensation as determined by the director by rule.

(3) "Covered individual" means any person who:

(a) (I) Earned at least $2,500 in wages subject to premiums under this part 5 during the person's base period, as defined in section 8-70-103 (2), or alternative base period, as defined in section 8-70-103 (1.5); or

(II) Elects coverage and meets the requirements of section 8-13.3-514;

(b) Meets the administrative requirements outlined in this part 5 and in regulations; and

(c) Submits an application with a claim for benefits pursuant to section 8-13.3-516 (6)(d).

(4) "Director" means the director of the division.

(5) "Division" means the division of family and medical leave insurance created in section 8-13.3-508.

(6) "Domestic violence" means any conduct that constitutes "domestic violence" as set forth in section 18-6-800.3 (1) or section 14-10-124 or "domestic abuse" as set forth in section 13-14-101 (2).

(7) "Employee" means any individual, including a migratory laborer, performing labor or services for the benefit of another, irrespective of whether the common-law relationship of master and servant exists. For the purposes of this part 5, an individual primarily free from control and direction in the performance of the labor or services, both under the individual's contract for the performance of the labor or services and in fact, and who is customarily engaged in an independent trade, occupation, profession, or business related to the labor or services performed is not an "employee." "Employee" does not include an "employee" as defined by 45 U.S.C. section 351 (d) who is subject to the federal "Railroad Unemployment Insurance Act," 45 U.S.C. section 351 et seq.

(8) (a) "Employer" means any person engaged in commerce or an industry or activity affecting commerce that:

(I) Employs at least one person for each working day during each of twenty or more calendar workweeks in the current or immediately preceding calendar year; or

(II) Paid wages of one thousand five hundred dollars or more during any calendar quarter in the preceding calendar year.

(b) "Employer" includes:

(I) A person who acts, directly or indirectly, in the interest of an employer with regard to any of the employees of the employer;

(II) A successor in interest of an employer that acquires all of the organization, trade, or business or substantially all of the assets of one or more employers; and

(III) The state or a political subdivision of the state.

(c) "Employer" does not include the federal government.

(9) "Family and medical leave insurance benefits" or "benefits" means the benefits provided under the terms of this part 5.

(10) "Family and medical leave insurance program" or "program" means the program created in section 8-13.3-516.

(11) "Family member" means:

(a) Regardless of age, a biological, adopted or foster child, stepchild or legal ward, a child of a domestic partner, a child to whom the covered individual stands in loco parentis, or a person to whom the covered individual stood in loco parentis when the person was a minor;

(b) A biological, adoptive or foster parent, stepparent or legal guardian of a covered individual or covered individual's spouse or domestic partner or a person who stood in loco parentis when the covered individual or covered individual's spouse or domestic partner was a minor child;

(c) A person to whom the covered individual is legally married under the laws of any state, or a domestic partner of a covered individual as defined in section 24-50-603 (6.5);

(d) A grandparent, grandchild or sibling (whether a biological, foster, adoptive or step relationship) of the covered individual or covered individual's spouse or domestic partner; or

(e) As shown by the covered individual, any other individual with whom the covered individual has a significant personal bond that is or is like a family relationship, regardless of biological or legal relationship.

(12) "Fund" means the family and medical leave insurance fund created in section 8-13.3-518.

(13) "Health-care provider" means any person licensed, certified, or registered under federal or Colorado law to provide medical or emergency services, including, but not limited to, physicians, doctors, nurses, emergency room personnel, and midwives.

(14) "Local government" has the same meaning as set forth in section 29-1-304.5 (3)(b).

(15) "Paid family and medical leave" means leave taken from employment in connection with family and medical leave insurance benefits under this part 5.

(16) "Qualifying exigency leave" means leave based on a need arising out of a covered individual's family member's active duty service or notice of an impending call or order to active duty in the armed forces, including, but not limited to, providing for the care or other needs of the military member's child or other family member, making financial or legal arrangements for the military member, attending counseling, attending military events or ceremonies, spending time with the military member during a rest and recuperation leave or following return from deployment, or making arrangements following the death of the military member.

(17) "Retaliatory personnel action" means denial of any right guaranteed under this part 5, including, but not limited to, any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action against an employee for the exercise of any right guaranteed in this part 5. "Retaliatory personnel action" also includes interference with or punishment for in any manner participating in or assisting an investigation, proceeding, or hearing under this part 5.

(18) "Safe leave" means any leave because the covered individual or the covered individual's family member is the victim of domestic violence, the victim of stalking, or the victim of sexual assault or abuse. Safe leave under this part 5 applies if the covered individual is using the leave from work to protect the covered individual or the covered individual's family member by:

(a) Seeking a civil protection order to prevent domestic violence pursuant to sections 13-14-104.5, 13-14-106, or 13-14-108;

(b) Obtaining medical care or mental health counseling or both for himself or herself or for his or her children to address physical or psychological injuries resulting from the act of domestic violence, stalking, or sexual assault or abuse;

(c) Making his or her home secure from the perpetrator of the act of domestic violence, stalking, or sexual assault or abuse, or seeking new housing to escape said perpetrator; or

(d) Seeking legal assistance to address issues arising from the act of domestic violence, stalking, or sexual assault or abuse, or attending and preparing for court- related proceedings arising from said act or crime.

(19) "Serious health condition" is an illness, injury, impairment, pregnancy, recovery from childbirth, or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility, or continuing treatment by a health-care provider.

(20) "Sexual assault or abuse" means any offense as described in section 16-11.7-102 (3), or sexual assault, as described in section 18-3-402, committed by any person against another person regardless of the relationship between the actor and the victim.

(21) "Stalking" means any act as described in section 18-3-602.

(22) "State average weekly wage" means the state average weekly wage determined in accordance with section 8-47-106.
C.R.S. § 8-3.3-104 — CO Code / Title 8 / Article 3.3 / Section 8-3.3-104
8-3.3-104. Exclusive representatives - rights
Status: in_force

8-3.3-104. Exclusive representatives - rights. (1) A county shall give the exclusive representative reasonable access to county employees at work, through electronic communication and other means. Reasonable access must be determined through collective bargaining.

(2) At the end of each calendar quarter, a county shall provide to the exclusive representative the following information for each county employee in the bargaining unit:

(a) The name, employee identification number, department, job classification, job title, work telephone number, work e-mail address, work address, work location, salary, and date of hire of each county employee as contained in the county's records; and

(b) The home address, home and personal cellular telephone numbers, and personal e-mail address of each county employee, unless directed by the county employee not to provide some or all of the information.

(3) (a) (I) Within thirty days after a county employee is hired, the county shall provide the exclusive representative with an opportunity to meet with that county employee during work time as determined pursuant to subsection (3)(a)(III) of this section.

(II) The county shall provide the exclusive representative notice at least ten days in advance of a new employee orientation; except that a shorter notice may be provided when there is an urgent need, critical to the county's operations, that was not reasonably foreseeable.

(III) The county and the exclusive representative shall determine the structure, time, and manner of the employee organization's access to county employees through collective bargaining. The collective bargaining agreement must provide the exclusive representative access to the county's employee orientation and orientation materials and information.

(b) The county shall pay its county employees for the time employees meet with the exclusive representative pursuant to this subsection (3). The county shall pay each county employee the same rate of pay that the employee is paid during normal work hours.

(4) The county shall make payroll deductions for membership dues and other payments that county employees voluntarily authorize to be made to the exclusive representative and related entities. The exclusive representative and related entities shall be the only organizations for which the county shall make payroll deductions from county employees who are in a bargaining unit represented by the exclusive representative.

(5) (a) The county shall honor the terms of county employees' authorizations for payroll deductions made in any form that satisfies the requirements of the "Uniform Electronic Transactions Act", article 71.3 of title 24, including without limitation electronic authorizations, including voice authorizations, that meet the requirements of an electronic signature as defined in section 24-71.3-102 (8).

(b) At the election of the exclusive representative, a county employee's request to cancel or change authorizations for payroll deductions must be directed to the exclusive representative rather than to the county. In such case, the exclusive representative is responsible for processing the request in accordance with the terms of the authorization. An authorization for a payroll deduction may not be irrevocable for a period of more than one year.

(c) An exclusive representative that certifies that it has and will maintain individual county employee authorizations is not required to provide a copy of an individual authorization to the county unless a dispute arises about the existence or terms of that authorization. The exclusive representative shall indemnify the county for any claims made by the county employee for deductions made in reliance on information maintained by the exclusive representative.
C.R.S. § 8-85-107 — CO Code / Title 8 / Article 85 / Section 8-85-107
8-85-107. Approval of independent living centers - evaluation standards
Status: in_force

8-85-107. Approval of independent living centers - evaluation standards. (1) Each independent living center must meet the following requirements as a condition of the approval of its program:

(a) The program must be under the control and direction of a board of directors or trustees of a nonprofit corporation. The members must be persons with a demonstrated interest in programs for persons with disabilities and fifty-one percent or more of the members of the board must be persons with disabilities.

(b) The independent living center must be staffed with fifty-one percent or more of persons with disabilities.

(c) The independent living center must comply with all of the provisions of this article and the rules promulgated thereunder.

(2) In addition to the requirements of subsection (1) of this section, each independent living center, as a condition of approval of its program by the state department, must agree to comply with the following evaluation standards:

(a) Philosophy. The independent living center shall promote and practice the independent living philosophy of:

(I) Consumer control of the center regarding decision-making, service delivery, management, and establishment of the policy and direction of the center;

(II) Self-help and self-advocacy;

(III) Development of peer relationships and peer role models;

(IV) Equal access of individuals with significant disabilities to all of the center's services, programs, activities, resources, and facilities, whether publicly or privately funded, without regard to the type of significant disability of the individual; and

(V) Promoting equal access of individuals with all types of significant disabilities to all services, programs, activities, resources, and facilities in the community, whether public or private, and regardless of funding source, on the same basis that access is provided to other individuals with disabilities and to individuals without disabilities.

(b) Provision of services. The independent living center shall provide independent living services to individuals with a range of significant disabilities. The independent living center shall provide independent living services on a cross-disability basis. The independent living center shall determine eligibility for independent living services and shall not exclude eligibility on the presence of any one specific significant disability.

(c) Independent living goals. The independent living center shall facilitate the development and achievement of independent living goals selected by individuals with significant disabilities who seek assistance in the development and achievement of independent living goals from the center.

(d) Community options. The independent living center shall conduct outreach and activities to increase the availability and improve the quality of community options for independent living to facilitate the development and achievement of independent living goals by individuals with significant disabilities.

(e) Independent living core services. The independent living center shall provide independent living core services and, as appropriate, a combination of any of the other independent living services referred to in Title VII, section 725, standards and assurances, of the federal "Rehabilitation Act of 1973", as amended.

(f) Activities to increase community capacity. The independent living center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities.

(g) Resource development activities. The independent living center shall conduct resource development activities to obtain funding from sources other than federal and state sources.

(3) The independent living center shall submit annually to the office a performance report that provides evidence that the center has met the evaluation standards set forth in subsection (2) of this section.
C.R.S. § 8-70-104 — CO Code / Title 8 / Article 70 / Section 8-70-104
8-70-104. Additional definitions
Status: repealed

8-70-104. Additional definitions. (Repealed)
C.R.S. § 8-44-201 — CO Code / Title 8 / Article 44 / Part 2 / Section 8-44-201
8-44-201. Employer as own insurance carrier - revocation of permission
Status: in_force

8-44-201. Employer as own insurance carrier - revocation of permission. (1) The executive director has the discretion to grant to any employer who has accepted the provisions of articles 40 to 47 of this title permission to be its own insurance carrier for the payment of the compensation and benefits provided by said articles. Such permission may be granted by the executive director after the filing by an employer of such statement and the giving of such information as may be required by the executive director. The executive director has the sole power to prescribe the rules, regulations, orders, terms, and conditions upon which said permit shall be granted or continued. Permission for self-insurance may be revoked at any time by the executive director, and the employer, upon notice of revocation, shall immediately insure otherwise all liability.

(2) Notwithstanding the provisions of subsection (1) of this section, the executive director shall not prescribe or apply security requirements in granting or continuing permission for the self-insurance program of the department of human services established pursuant to section 8-44-203 but shall provide instead for alternatives to such security requirements including trust funds, surety bonds, excess insurance, or other security acceptable to the executive director. The alternative security requirements provided by this subsection (2) shall apply only to claims arising on or after July 1, 1985, and before July 1, 1990. The trust fund in existence on May 24, 1990, pursuant to the trust agreement between the department of human services, a third party administrator, and the state treasurer, dated June 27, 1985, shall remain in existence through June 30, 1990.

(3) Notwithstanding the provisions of subsection (1) of this section, the executive director shall not prescribe or apply security requirements in continuing permission for an employer which is acting as its own insurance carrier on July 1, 1986, which are in excess of those security requirements in effect on July 1, 1986, unless there is a substantial change in the economic condition or potential liability of such employer.

(4) Notwithstanding the provisions of subsection (1) of this section, the executive director shall not prescribe or apply security requirements in granting or continuing permission for a self-insurance program established by the state pursuant to section 24-30-1510.7, C.R.S.
C.R.S. § 8-14.5-107.5 — CO Code / Title 8 / Article 14.5 / Section 8-14.5-107.5
8-14.5-107.5. Workplace safety programs - study by commissioner
Status: repealed

8-14.5-107.5. Workplace safety programs - study by commissioner. (1) The commissioner shall undertake a full study of current workplace safety, risk management, and cost containment programs offered by insurers, including Pinnacol Assurance, a review and analysis of the various incentives used by insurers to obtain policyholder participation, including any premium adjustment programs in use, and shall evaluate other possible programs and incentives that could be used by insurers to expand workplace safety programs and reward policyholder participation. The commissioner shall consult with the Colorado department of labor and employment in conducting the study. Such study, review and analysis, and evaluation shall include but not be limited to the following:

(a) Whether or not by a date certain, all insurers including Pinnacol Assurance issuing workers' compensation insurance policies in this state shall offer all insureds in the ten most populous counties a managed care plan featuring a designated medical provider;

(b) Whether or not by a date certain, if it is in the best interest of employers and employees, all insurers including Pinnacol Assurance issuing workers' compensation insurance policies in this state shall offer to all or some selected classes of insureds some type of basic workplace safety program;

(c) Whether or not the board or the commissioner should continue providing certification of workplace safety programs or whether such certification should be provided by insurers for insureds;

(d) Whether or not by July 1, 1995, the commissioner should promulgate regulations concerning the granting of premium adjustments for an insured's participation and implementation of a basic workplace safety program or managed care program;

(e) The participation by insureds in existing workplace safety programs offered by insurers and the methods by which insurers offer such programs;

(f) Insurer compliance with deductible provisions;

(g) Insurer compliance with the provisions of part 4 of article 4 of title 10, C.R.S., regarding the current design and use of any premium adjustment, rate deviation, premium discount, retro-rate, scheduled adjustment, or other type of financial plan and their effect on the fairness and reasonableness of rates for those insureds not qualifying for experience or schedule rating;

(h) The efficacy of reducing the premium dollar volume needed for an insured to become experience rated;

(i) A cost benefit analysis of implementation of workplace safety programs.

(2) (a) Repealed.

(b) Insurers shall make all necessary information and records pertaining to workplace safety programs of such insurers available to the commissioner in carrying out the study required by subsection (1) of this section. The reasonable costs of such study shall be borne by insurers, including Pinnacol Assurance, as determined by the commissioner based on the total cost of such study.
C.R.S. § 8-15.7-104 — CO Code / Title 8 / Article 15.7 / Part 1 / Section 8-15.7-104
8-15.7-104. Committee for apprenticeship in new and emerging industries - created - members
Status: in_force

8-15.7-104. Committee for apprenticeship in new and emerging industries - created - members - powers and duties. (1) The director shall establish the committee for apprenticeship in new and emerging industries as a subcommittee of the SAC to advise the SAA on apprenticeship programs that are not within the jurisdiction of the CABCT.

(2) (a) The CANEI consists of fifteen members appointed as follows:

(I) The director shall appoint eight voting members who represent, and are regularly evaluated to ensure that the representation aligns with, high-demand jobs, as stated in the annual Colorado talent report prepared pursuant to section 24-46.3-103 (3), as follows:

(A) Three representatives of employer organizations that are not within the building and construction trades; at least one of whom represents an employer involved with a program explicitly targeting populations with barriers to employment, including women, people of color, ex-offenders, and persons with disabilities; one of whom represents youth with barriers to employment; and one of whom represents out-of-school youth;

(B) Three representatives from employee organizations that are not within the building and construction trades;

(C) One representative from a qualified intermediary; and

(D) One member of the public.

(II) The governor shall appoint seven nonvoting, ex officio members, all of whom are concurrently appointed to the CABCT pursuant to section 8-15.7-103 (2)(a)(II), to the CANEI.

(b) (I) Of the members appointed by the director, the initial term of office of one employer member, one employee member, and one representative of the public is three years and the initial term of office of the remaining five members is four years. Thereafter, the terms of the members are four years.

(II) The terms of office of the nonvoting, ex officio members appointed pursuant to subsection (2)(a)(II) of this section are the same as the terms of office of those members as specified in section 8-15.7-103 (2)(b)(II).

(III) The director shall appoint one member of the CANEI to serve as the chair for a term of two years. A chair may be appointed to serve no more than two full terms.

(c) If a member fails to complete the member's term, the appointing authority shall appoint a new member to complete the remainder of the term.

(d) Members shall serve without compensation for their service; except that members may receive a per diem as established by the director and reimbursement for travel and other necessary expenses incurred in the performance of their official duties.

(e) The CANEI:

(I) Shall meet at least quarterly and at the request of the director as needed to accomplish the objectives of the CANEI;

(II) Shall provide timely written notice of all meetings to the department;

(III) May determine its own procedural rules; and

(IV) Is subject to article 6 of title 24.

(f) No member of the CANEI may receive any compensation from an apprenticeship program.

(3) For all apprenticeships that are not within the building and construction trades and not under the jurisdiction of the CABCT, the CANEI shall perform the following duties as a subcommittee of the SAC:

(a) Advise the SAA on the minimum standards for registration of apprenticeship programs;

(b) Advise the SAA on state plans, rules, and administrative procedures pertinent to the operation of apprenticeship programs and equal employment opportunities in apprenticeships;

(c) Support the SAA in communications, technical assistance, and promoting promising practices in registered apprenticeship programs; and

(d) Provide an annual report to the executive director with apprenticeship data disaggregated by age, race, gender, veteran status, disability, and industry.

(e) to (i) (Deleted by amendment, L. 2023.)
C.R.S. § 8-43-302 — CO Code / Title 8 / Article 43 / Part 3 / Section 8-43-302
8-43-302. Corrected orders
Status: in_force

8-43-302. Corrected orders. (1) The director, an administrative law judge, or the panel may issue a corrected order:

(a) At any time within thirty days after the entry of an order, to correct any clerical errors in the order. Clerical errors are grammatical or computational errors.

(b) At any time within thirty days of the entry of an order, to correct any errors caused by mistake or inadvertence.

(2) Any order corrected for clerical error, mistake, or inadvertence shall be labeled "corrected order" and mailed by the division. Any corrected order may be appealed in the manner provided in this article for any other order.
C.R.S. § 8-87-103 — CO Code / Title 8 / Article 87 / Section 8-87-103
8-87-103. Clinical readiness program - creation - administration - required components - p
Status: in_force

8-87-103. Clinical readiness program - creation - administration - required components - participant qualifications - report. (1) The clinical readiness program is established in the department to assist IMGs admitted to the clinical program in building the skills necessary to become successful residents in the United States medical system. By January 1, 2023, the executive director shall contract with a Colorado-based medical school or ACGME-accredited residency program to serve as the program administrator responsible for developing, implementing, and administering the clinical program. The executive director shall comply with the "Procurement Code", articles 101 to 112 of title 24, in selecting and contracting with a Colorado medical school or residency program to serve as the program administrator.

(2) (a) The program administrator must develop and implement the clinical program by January 1, 2024. In developing and implementing the clinical program, the program administrator may consult and coordinate with stakeholders, including representatives from:

(I) State agencies, including:

(A) The Colorado medical board;

(B) The department of regulatory agencies;

(C) The department of higher education;

(D) The department of labor and employment;

(E) The department of public health and environment;

(F) The department of health care policy and financing; and

(G) The office of new Americans created in section 8-3.7-103;

(II) The health-care industry, including:

(A) Hospitals;

(B) Community providers; and

(C) Medical residency programs;

(III) Community-based organizations, including a community-based organization serving immigrants and refugees;

(IV) Higher education institutions; and

(V) The IMG community.

(b) The clinical program must include at least the following elements:

(I) A mechanism for processing and assessing program applications;

(II) Program curriculum, including curriculum:

(A) Pertaining to the practice of one or more primary care specialties; and

(B) That provides inpatient and outpatient training opportunities combined with community and classroom-based components to prepare program participants to match into and succeed in a United States residency program; and

(III) An assessment system to assess the clinical readiness of program participants to serve in a United States residency program, including clinical readiness for the practice of one or more primary care specialties and additional assessments as resources are available.

(3) (a) The program administrator shall designate a program director, who must be a physician licensed to practice medicine in this state.

(b) The program director shall:

(I) Develop an operating plan and budget for the clinical program;

(II) Develop and implement the curriculum for and assessments of program participants for clinical readiness, except as provided in subsection (3)(c) of this section;

(III) Work with residency programs in the state to address barriers IMGs face in securing residency positions in the state, including evaluating other methods for testing an IMG's clinical readiness, exploring alternatives to the requirement that an applicant for a residency position be a recent graduate of medical school, and developing rigorous clinical assessments and opportunities for IMGs to obtain in-depth clinical experience in the United States; and

(IV) Make reports and recommendations as required by subsection (7) of this section.

(c) The program director may contract with an independent entity or a state agency to conduct assessments of the clinical readiness of program participants.

(4) To qualify to participate in the clinical program, an applicant must:

(a) Be an IMG whose medical degree or qualifications have been evaluated by a credentialing agency approved by the Colorado medical board and determined to be equivalent to a medical degree from an accredited medical school in the United States or Canada or a state or country with which Colorado has a reciprocal license agreement; and

(b) Have achieved a passing score on the USMLE step one and step two examinations.

(5) Once a program participant completes the curriculum for the clinical program, the program director or an entity with whom the program director contracts shall assess the program participant for clinical readiness for a residency program. If the program participant passes the assessment, the program director shall:

(a) Issue the program participant an industry-recognized credential of clinical readiness; and

(b) Submit a report and recommendation to the administrator of the assistance program and the department regarding the program participant.

(6) The program administrator shall allow an IMG who successfully completes the clinical program to interview for a position in the program administrator's residency program.

(7) (a) By January 1, 2025, and by each January 1 thereafter, the program director, in consultation with the Colorado medical board and other stakeholders, shall submit a report regarding the clinical program to:

(I) The executive director; and

(II) The executive director of the department of regulatory agencies.

(b) The report must include:

(I) Information about the operations of the clinical program, including the number of IMGs who participated in and completed the clinical program; and

(II) Recommendations regarding:

(A) Changes to professional licensure requirements that promote the increased utilization of IMGs in the state's health-care workforce; and

(B) The creation of a certification recognized by the department, the department of higher education, or the United States department of labor.

(c) The report must not include any personally identifying information about any program participant.

(d) The executive director shall include the report as part of its report pursuant to section 8-87-104.
C.R.S. § 8-13-102 — CO Code / Title 8 / Article 13 / Section 8-13-102
8-13-102. Eight-hour day - exceptions
Status: in_force

8-13-102. Eight-hour day - exceptions. (1) The period of employment of persons working in all underground mines, underground workings, and smelters may exceed eight hours within a twenty-four-hour period upon the following conditions:

(a) The operator of the underground mine, underground workings, or smelter establishes a work plan setting forth the terms and conditions under which the period of employment may exceed eight hours in a twenty-four-hour period; and

(b) The operator provides reasonable notice to its employees, except in cases of emergency or upset conditions, of proposed increases in the regular work schedule which would result in a period of employment in excess of eight hours in a twenty-four-hour period. Reasonable notice shall be construed to be not less than one week, during which time affected employees may comment.

(2) Nothing in this section shall be construed so as to alter the provisions of any collective bargaining agreement.
C.R.S. § 8-15.7-105 — CO Code / Title 8 / Article 15.7 / Part 1 / Section 8-15.7-105
8-15.7-105. State apprenticeship council - created - members - powers and duties
Status: in_force

8-15.7-105. State apprenticeship council - created - members - powers and duties. (1) (a) The director shall establish the state apprenticeship council to provide advice and guidance to the state apprenticeship agency on the operation of the state's apprenticeship system.

(b) The SAC:

(I) Is composed of persons familiar with apprenticeable occupations;

(II) Includes an equal number of representatives of employer and employee organizations and includes members of the public who must not number more than the number of representatives of either employer or employee organizations;

(III) Includes all the members of the CABCT and CANEI.

(c) The chairs of the CABCT and CANEI shall serve as co-chairs of the SAC.

(1.5) The SAC may convene additional subcommittees as needed to fulfill its duties.

(2) The SAC shall:

(a) Publish a statement defining the CABCT's jurisdiction of the building and construction trades and update the statement periodically as necessary as determined by the SAC; and

(b) Resolve conflicts and complaints that arise between the CABCT and the CANEI as determined by the SAC.

(3) If there is a tie among the SAC members in determining a resolution to a conflict, the director shall break the tie. A decision of the SAC is final.

(4) The CABCT has jurisdiction over apprenticeship programs for occupations in the building and construction trades. For purposes of this section, occupations are in the building and construction trades if either:

(a) Workers in the occupation perform construction, reconstruction, renovation, alteration, demolition, painting, repair, or maintenance work for roads, highways, buildings, structures, industrial facilities, or energy production, energy transmission, or energy distribution, or improvements of any type; or

(b) Apprentices in the apprenticeship program will be employed by licensed contractors.
C.R.S. § 8-17-104 — CO Code / Title 8 / Article 17 / Section 8-17-104
8-17-104. Enforcement - violation - penalties - Colorado labor enforcement cash fund - cre
Status: in_force

8-17-104. Enforcement - violation - penalties - Colorado labor enforcement cash fund - creation. (1) The department of labor and employment shall enforce the requirements of this article in the event of a complaint alleging a potential violation of the requirements of this article. In connection with the department's duty to enforce the requirements of this article, the department shall receive complaints about potential violations of such requirements, initiate investigations based on such complaints, and impose penalties for the violation of the requirements of this article pursuant to subsection (2) of this section. The department shall not investigate or take any other action regarding a complaint filed more than ninety days after the project has been finalized.

(2) (a) After conducting an investigation of a complaint alleging a violation of the provisions of this article, if the department of labor and employment determines that a contractor has knowingly violated the requirements of this article by importing labor in excess of that permitted pursuant to section 8-17-101 (1), the executive director of the department of labor and employment or the executive director's designee shall impose a fine on such contractor as follows:

(I) For the first violation, five thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less;

(II) For the second violation, ten thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less; or

(III) For the third violation and any violation thereafter, twenty-five thousand dollars or an amount equal to one percent of the cost of the contract, whichever is less.

(b) When the department of labor and employment receives a complaint, it shall notify the contractor of the complaint, but shall commence the investigation only at the completion of the project. The department shall complete any investigation in response to a complaint within ninety days of the date that the department began the investigation. Compliance shall be measured over the entirety of the completed project.

(c) If the department of labor and employment has imposed three fines on a contractor pursuant to paragraph (a) of this subsection (2) within five years and finds the violations to be egregious, the executive director of the department of labor and employment or the executive director's designee may initiate the process to debar the contractor pursuant to section 24-109-105, C.R.S.

(d) The executive director of the department of labor and employment may dismiss a complaint in his or her discretion if, after conducting an investigation pursuant to this section, the department determines that the circumstances that led to the complaint were the result of a minor paperwork violation.

(3) A contractor who is found to be in violation of the provisions of this article may appeal such finding to the executive director of the department of labor and employment. The executive director or the executive director's designee shall hold a hearing to review such notice or order and take final action in accordance with article 4 of title 24, C.R.S., and may either conduct the hearing personally or appoint an administrative law judge from the department of personnel. Final agency action is subject to judicial review pursuant to article 4 of title 24, C.R.S.

(4) The revenue collected from the fines imposed pursuant to subsection (2) of this section shall be transmitted to the state treasurer, who shall credit the same to the Colorado labor enforcement cash fund, which is hereby created. The general assembly shall make appropriations from the fund as necessary to cover the direct and indirect costs of the department of labor and employment in connection with the requirements of this article. All moneys not expended or encumbered and all interest earned on the investment or deposit of moneys in the fund remain in the fund and do not revert to the general fund or any other fund at the end of any fiscal year.

(5) The requirements of this article may not be enforced through a private right of action.
C.R.S. § 8-13.3-405 — CO Code / Title 8 / Article 13.3 / Part 4 / Section 8-13.3-405
8-13.3-405. Additional paid sick leave during a public health emergency
Status: in_force

8-13.3-405. Additional paid sick leave during a public health emergency. (1) In addition to paid sick leave accrued under section 8-13.3-403, on the date a public health emergency is declared, each employer in the state shall supplement each employee's accrued paid sick leave as necessary to ensure that an employee may take the following amounts of paid sick leave for the purposes specified in subsection (3) of this section:

(a) For employees who normally work forty or more hours in a week, at least eighty hours;

(b) For employees who normally work fewer than forty hours in a week, at least the greater of either the amount of time the employee is scheduled to work in a fourteen-day period or the amount of time the employee actually works on average in a fourteen-day period.

(2) (a) An employer may count an employee's unused accrued paid sick leave under section 8-13.3-403 toward the supplemental paid sick leave required in subsection (1) of this section.

(b) An employee may use paid sick leave under this section until four weeks after the official termination or suspension of the public health emergency.

(3) An employer shall provide its employees the paid sick leave required in subsection (1) of this section for the following absences related to a public health emergency:

(a) An employee's need to:

(I) Self-isolate and care for oneself because the employee is diagnosed with a communicable illness that is the cause of a public health emergency;

(II) Self-isolate and care for oneself because the employee is experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(III) Seek or obtain medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(IV) Seek preventive care concerning a communicable illness that is the cause of a public health emergency; or

(V) Care for a family member who:

(A) Is self-isolating after being diagnosed with a communicable illness that is the cause of a public health emergency;

(B) Is self-isolating due to experiencing symptoms of a communicable illness that is the cause of a public health emergency;

(C) Needs medical diagnosis, care, or treatment if experiencing symptoms of a communicable illness that is the cause of a public health emergency; or

(D) Is seeking preventive care concerning a communicable illness that is the cause of a public health emergency;

(b) With respect to a communicable illness that is the cause of a public health emergency:

(I) A local, state, or federal public official or health authority having jurisdiction over the location in which the employee's place of employment is located or the employee's employer determines that the employee's presence on the job or in the community would jeopardize the health of others because of the employee's exposure to the communicable illness or because the employee is exhibiting symptoms of the communicable illness, regardless of whether the employee has been diagnosed with the communicable illness; or

(II) Care of a family member after a local, state, or federal public official or health authority having jurisdiction over the location in which the family member's place of employment is located or the family member's employer determines that the family member's presence on the job or in the community would jeopardize the health of others because of the family member's exposure to the communicable illness or because the family member is exhibiting symptoms of the communicable illness, regardless of whether the family member has been diagnosed with the communicable illness;

(c) Care of a child or other family member when the individual's child care provider is unavailable due to a public health emergency, or if the child's or family member's school or place of care has been closed by a local, state, or federal public official or at the discretion of the school or place of care due to a public health emergency, including if a school or place of care is physically closed but providing instruction remotely;

(d) An employee's inability to work because the employee has a health condition that may increase susceptibility to or risk of a communicable illness that is the cause of the public health emergency.

(4) Notwithstanding any other provision in this part 4:

(a) An employee shall notify the employee's employer of the need for paid sick leave under this section as soon as practicable when the need for paid sick leave is foreseeable and the employer's place of business has not been closed;

(b) Documentation is not required to take paid sick leave under this section; and

(c) Employees are only eligible for paid sick leave in the amount described in subsection (1) of this section once during the entirety of a public health emergency even if such public health emergency is amended, extended, restated, or prolonged.
C.R.S. § 8-20.5-104 — CO Code / Title 8 / Article 20.5 / Part 1 / Section 8-20.5-104
8-20.5-104. Rules - petroleum storage tank committee
Status: in_force

8-20.5-104. Rules - petroleum storage tank committee. (1) (a) There is created the petroleum storage tank committee, which consists of seven members who have technical expertise and knowledge in fields related to corrective actions taken to mitigate underground and aboveground storage tank releases.

(b) The committee consists of:

(I) The following permanent members:

(A) The director of the division of oil and public safety or the director's designee;

(B) The executive director of the department or the executive director's designee; and

(C) An owner or operator; and

(II) Four members appointed by the governor who shall be chosen from among the following groups, with no more than one member representing each group:

(A) Fire protection districts;

(B) Elected local governmental officials;

(C) Companies that refine and retail motor fuels in Colorado;

(D) Companies that wholesale motor fuels in Colorado;

(E) Owners and operators of independent retail outlets;

(F) Companies that conduct corrective actions or install and repair underground and aboveground storage tanks; and

(G) Private citizens or interest groups.

(c) The department shall provide staff to support the activities of the committee.

(2) Members of the committee shall serve three-year terms. All vacancies shall be filled by the governor to serve the remainder of the unexpired term.

(3) Members of the committee shall receive no additional salary or per diem reimbursement for their services as members of the committee, but shall be allowed travel and parking costs and maintenance expenses while on official committee business conducted more than one hundred miles from their respective residences.

(4) The committee shall be required to meet no more than twice in any month. The committee shall recommend all regulatory actions proposed by the committee to the director of the division of oil and public safety for adoption or ratification. The committee shall conduct the following activities in accordance with section 24-4-105, C.R.S., as its routine business:

(a) Establish procedures, practices, and policies governing the committee's activities;

(b) Review standards and regulations governing underground and aboveground storage tanks;

(c) Establish procedures, practices, and policies governing the form and procedures for applications to the petroleum storage tank fund for reimbursement compensation;

(d) (I) Establish procedures, practices, and policies governing any and all aspects of processing, adjusting, defending, or paying claims against the fund. To encourage tank owners and operators to report and remediate contamination and achieve compliance with rules promulgated by the director of the division of oil and public safety, the committee may approve claims involving tanks not operated in substantial compliance, but may also determine the amount, if any, by which such claims may be reduced for noncompliance. Before imposing any reduction for noncompliance the committee shall determine whether the rules issued by the director of the division of oil and public safety are both substantially and procedurally no more stringent than United States environmental protection agency regulations under 42 U.S.C. sec. 6991 and whether the areas of noncompliance were brought into compliance prior to application to the fund, where possible. The committee shall use the following guidelines when imposing a reduction for noncompliance:

(A) Up to a ten percent reduction for failure to register a tank;

(B) Up to a twenty-five percent reduction for improper release detection;

(C) Up to a ten percent reduction for improper release reporting;

(D) Up to a twenty percent reduction for improper out-of-service and closure.

(II) Nothing in this article shall be construed to require the committee to approve a claim involving substantial noncompliance. The committee shall establish specific criteria to define when denial for substantial noncompliance may be imposed.

(e) Establish priorities governing the types of corrective actions which shall be reimbursed from the fund;

(f) Review corrective action plans submitted pursuant to section 8-20.5-209, for which no agreement has been reached through informal conferences between the department and the owner or operator, and make a recommendation to the department, upon request from the department or the owner or the operator, as to the corrective action that is acceptable;

(g) Issue public notices and hold public hearings to obtain comment on the activities described in this subsection (4);

(h) (I) (A) Pay interest to all persons who file a properly and fully completed claim for reimbursement and are not reimbursed in a timely manner. For purposes of this paragraph (h), interest shall accrue on the amount approved for payment by the committee at the rate determined pursuant to section 39-21-110.5, C.R.S., for each day a properly and fully completed application is not processed in a timely manner.

(B) Notwithstanding this paragraph (h), if a claimant cannot be reimbursed in a timely manner because insufficient moneys in the petroleum storage tank fund prevent the issuance of a reimbursement check within thirty days after approval of the disbursement, interest shall not begin to accrue on the claim until thirty-one days after sufficient moneys are available in said fund.

(II) For purposes of this paragraph (h), "timely manner" means:

(A) That an application filed with the petroleum storage tank fund on or after January 1, 1996, shall be submitted for review by the committee within ninety working days of receipt;

(B) That an application filed with the petroleum storage tank fund on or after July 1, 1995, but before January 1, 1996, shall be submitted for review by the committee within one hundred twenty working days of receipt;

(C) That an application filed with the petroleum storage tank fund before July 1, 1995, shall be submitted for review by the committee no later than December 31, 1995;

(D) That reimbursement checks shall be issued within thirty days after disbursement is approved by the committee.

(5) The committee may, in order to perform any or all of its responsibilities and functions under subsection (4) of this section, contract for the use of outside experts, consultants, or services.

(6) Reductions determined by the committee because of noncompliance shall be cumulative and shall apply to all eligible costs approved by the committee in the initial and all supplemental claims for the occurrence as defined in section 8-20.5-206 (2); except that in no instance shall cumulative reductions for noncompliance apply to claims submitted in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3).

(7) The reductions described in subsections (4)(d) and (6) of this section pertain to this section only and shall not be construed to have any impact on cost-recovery actions taken in accordance with section 8-20.5-209 or any civil or criminal penalties imposed as part of an enforcement proceeding.

(8) At its first meeting of each fiscal year, on or about July 1, the committee shall establish and set aside for reimbursements to those individuals who are eligible to make application to the fund in accordance with section 8-20.5-206 (3) or 8-20.5-303 (3), an amount equal to twenty percent of the total budget of the department from the petroleum storage tank fund, which amount shall be used for the purpose of conducting remediation activities in accordance with sections 8-20.5-206 (3), 8-20.5-209, and 8-20.5-303 (3) and shall protect the integrity of the fund as a financial assurance mechanism for tank owners and operators. The committee shall reexamine on a quarterly basis the unencumbered balance of this allocation and may set aside lesser or additional amounts for reimbursements to such applicants based on the relative number of requested reimbursements from the owners and operators of active sites, with preference given to the remediation of recently contaminated locations and to active tank sites based on their higher potential for environmental impact.

(9) The petroleum storage tank committee is a type 1 entity as defined in section 24-1-105, and exercises its powers and performs its duties and functions specified by this section under the department of labor and employment and the executive director.
C.R.S. § 8-83-213 — CO Code / Title 8 / Article 83 / Part 2 / Section 8-83-213
8-83-213. Rural consortium work force development board
Status: in_force

8-83-213. Rural consortium work force development board. (1) The rural consortium local elected officials board in the rural consortium work force development area shall establish and appoint a rural consortium work force development board. At a minimum, the membership of the rural consortium board must consist of representatives who are members of subarea boards. The rural consortium board shall meet the membership requirements under the federal act for a work force board for each subarea of the rural consortium area; except that members, as appropriate, may represent more than one entity specified by the federal act for the purpose of meeting subarea board membership requirements. The rural consortium board shall develop its own operational procedures.

(2) Functions of rural consortium board - delegation to subarea boards. Unless otherwise specified in this section and subject to federal law, the rural consortium board may delegate to the subarea boards, where they have been established, in the rural consortium area such subarea board authority and functions specified under this part 2 and the federal act. Authority and functions of the rural consortium board are limited to the following:

(a) Meeting the federal membership requirements for a local work force development board for the local work force subareas;

(b) Negotiating with, and approving local plans submitted by, subarea boards;

(c) Compiling and consolidating each approved local plan of the consortium area into one local plan for the consortium area and ensuring that the plan meets the requirements under the federal act for a local plan;

(d) Submitting the local plan to the governor for approval;

(e) Negotiating with the governor for performance standards for the consortium area;

(f) Making recommendations to the governor concerning procedures to temporarily replace or correct a development area that is out of compliance with its local plan, as appropriate;

(g) Facilitating and coordinating work force subarea grant applications, as appropriate;

(h) Ensuring that any grant money awarded to a work force development area is a direct pass-through from the federal government to the eligible work force development area;

(i) Establishing standing committees pursuant to section 8-83-212.5;

(j) Subject to federal law, delegating to the subarea boards in the rural consortium area duties and functions specified in the federal act and in section 8-83-216 outlining requirements for one-stop partners.

(3) Work force development subarea boards. (a) To the extent possible and as outlined in the applicable local plan, each work force development subarea board shall function as set forth in the federal act. In carrying out its duties, the work force development subarea board shall operate in partnership with, and be subject to the approval of, the local elected officials for the local work force development area.

(b) Membership. Notwithstanding section 8-83-210 (3), the local elected officials shall appoint members of each work force development subarea board. Membership, to the extent possible, must meet the requirements of the federal act.

(c) Functions. Notwithstanding section 8-83-211, at a minimum, functions of the work force development subarea board must be as set forth in this part 2 and the federal act. In addition, each subarea board shall:

(I) Upon the approval of and in partnership with the local elected officials, develop a comprehensive four-year local plan for its work force development subarea and submit the local plan for approval to the rural consortium work force development board. The plan must include a description of those requirements under the federal act that the work force development subarea board determines cannot be reasonably met while still fulfilling the intent and purposes of the federal act.

(II) Apply for federal grants. Each work force development subarea board may apply for national program grants on behalf of the subarea or in partnership with any other work force development area. Any national program grant money awarded to a work force development subarea is a direct pass-through from the federal government to the applicable work force development subarea.

(III) To the extent possible and as outlined in the local plan, with the agreement of the local elected officials and notwithstanding section 8-83-216, designate or certify the one-stop partners; and

(IV) (Deleted by amendment, L. 2016.)

(V) Oversee the one-stop system in the work force development area.
C.R.S. § 8-77-109 — CO Code / Title 8 / Article 77 / Section 8-77-109
8-77-109. Employment support fund - employment and training technology fund - created - us
Status: repealed

8-77-109. Employment support fund - employment and training technology fund - created - uses - repeal. (1) (a) Repealed.

(b) There is hereby established the employment support fund. The fund consists of thirty-five percent of the support surcharge rate assessed annually as part of each employer's support surcharge rate payments paid and dedicated to the employment support fund in accordance with section 8-76-102.5 (3)(a)(IV).

(2) (a) (I) (A) Except as set forth in subsection (2)(a)(II) of this section and except as provided in subsection (2)(a)(I)(B) of this section, the state treasurer shall credit the money collected pursuant to this section to the employment support fund created in subsection (1) of this section.

(B) To the extent allowed by the United States department of labor employment and training administration, the state treasurer shall credit nineteen percent of each employer's annual support surcharge rate determined pursuant to section 8-76-102.5 (3)(a)(IV) to the benefit recovery fund, up to a maximum of fifteen million dollars each year.

(II) (A) At the end of the 2023-24 state fiscal year and each state fiscal year thereafter, the state treasurer shall credit any money collected pursuant to this section that would cause the balance in the employment support fund to exceed seven million dollars, as adjusted annually for the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood or its successor index, excluding gifts, grants, or donations, to the employment and training technology fund created in subsection (2)(a.9)(II)(A) of this section. If the employment and training technology fund has reached the maximum allowable balance pursuant to subsection (2)(a.9)(II)(A) of this section, the treasurer shall instead credit the money to the workforce development fund created in section 8-83-107 (4).

(B) Repealed.

(C) Any amount credited to the unemployment compensation fund pursuant to this subsection (2)(a)(II) is not included in the calculation of an employer's annual experience rate.

(III) The general assembly shall appropriate the money in the employment support fund annually to the department of labor and employment:

(A) To be used to offset funding deficits for program administration, including information technology initiatives, under the provisions of articles 70 to 83 of this title 8 and to further support programs to strengthen unemployment fund solvency; and

(B) To fund labor standards, labor relations, and the Colorado works grievance procedure under the provisions of articles 1 to 6, 9, 10, 12, and 13 of this title 8 and section 26-2-716 (3)(b).

(a.5) (Deleted by amendment, L. 2003, p. 2181, § 1, effective June 3, 2003.)

(a.7) and (a.8) Repealed.

(a.9) (I) Repealed.

(II) (A) The employment and training technology fund, referred to in this subsection (2)(a.9) as the "fund", is created in the state treasury. Notwithstanding any provision of this subsection (2) to the contrary, the state treasurer shall credit thirty-two percent of each employer's annual support surcharge rate under section 8-76-102.5 (3)(a)(IV) to the employment and training technology fund. On and after April 27, 2021, and on or before June 30, 2023, if cumulative revenue to the employment and training technology fund equals thirty-one million dollars, less any money transferred to the unemployment compensation fund, no additional money shall be credited to the employment and training technology fund but instead shall be allocated to the unemployment compensation fund. On and after July 1, 2023, any amount collected in a fiscal year in excess of thirteen million two hundred thousand dollars under this subsection (2)(a.9)(II), as adjusted annually for the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood or its successor index, excluding gifts, grants, or donations, shall be credited to the fund and then credited to the unemployment compensation fund. Money in the fund shall be used for employment and training automation initiatives established by the director of the division. Money in the fund is subject to annual appropriation by the general assembly for the purposes of this subsection (2)(a.9) and shall not revert to the general fund or any other fund at the end of any fiscal year. The money in the fund is exempt from section 24-75-402. At any time, the money in the employment and training technology fund may be appropriated by the general assembly to the unemployment compensation fund or allocated to the unemployment compensation fund at the discretion of the executive director of the department of labor and employment.

(B) Repealed.

(C) This subsection (2)(a.9) is repealed, effective June 30, 2031.

(b) The unexpended and unobligated moneys in the employment support fund shall not revert to the general fund at the end of any fiscal year, and any unobligated amounts remaining in the fund at the end of any fiscal year shall be retained in the employment support fund for purposes of this subsection (2).

(c) On and after July 1, 2001, moneys from the statewide indirect cost allocation agreement with the federal government may be used to supplement moneys in the employment support fund, in a manner that is consistent with the provisions of this subsection (2).

(d) (Deleted by amendment, L. 2002, p. 207, § 1, effective August 7, 2002.)

(3) (Deleted by amendment, L. 99, p. 974, § 2, effective May 28, 1999.)

(4) and (5) Repealed.

(6) (a) The portion of each employer's support surcharge rate that the employer paid and that is dedicated to the employment support fund pursuant to section 8-77-109 (1)(b), to the benefit recovery fund pursuant to section 8-73-116, to the workforce development fund pursuant to section 8-83-107, and to the employment and training technology fund pursuant to subsection (2)(a.9)(II)(A) of this section:

(I) Is not included in the calculation of the employer's annual experience rate and credit under the "Federal Unemployment Tax Act", 26 U.S.C. sec. 3301 et seq.; and

(II) Must be immediately deposited, upon payment, into a separate account, unrelated to the unemployment compensation fund.

(b) Any money transferred from the employment support fund, the benefit recovery fund, the workforce development fund, or the employment and training technology fund to the unemployment compensation fund pursuant to this section is not used in calculating the employer's experience rate or percent of excess for the standard premium rate schedule.
C.R.S. § 8-83-1001 — CO Code / Title 8 / Article 83 / Part 10 / Section 8-83-1001
8-83-1001. Definitions
Status: in_force

8-83-1001. Definitions. As used in this part 10, unless the context otherwise requires:

(1) "International standard classification of education" or "ISCED" means a comprehensive framework for organizing education and training programs that applies uniform and internationally agreed-upon classifications to facilitate comparisons of education and training programs across countries.

(2) "Office" means the office of future of work created in section 8-15.8-103.
C.R.S. § 8-42-112 — CO Code / Title 8 / Article 42 / Section 8-42-112
8-42-112. Acts of employees reducing compensation
Status: in_force

8-42-112. Acts of employees reducing compensation. (1) The compensation provided for in articles 40 to 47 of this title shall be reduced fifty percent:

(a) Where injury is caused by the willful failure of the employee to use safety devices provided by the employer;

(b) Where injury results from the employee's willful failure to obey any reasonable rule adopted by the employer for the safety of the employee; or

(c) (Deleted by amendment, L. 99, p. 581, § 2, effective July 1, 1999.)

(d) Where the employee willfully misleads an employer concerning the employee's physical ability to perform the job, and the employee is subsequently injured on the job as a result of the physical ability about which the employee willfully misled the employer. Notwithstanding any other provisions of articles 40 to 47 of this title, the provisions of this paragraph (d) shall apply in addition to any other penalty that may be imposed under section 8-43-402.

(2) In the event the claimant or dependent is receiving periodic disability benefits for which a reduction in Colorado workers' compensation benefits has been made pursuant to section 8-42-103, the fifty percent reduction provided for in subsection (1) of this section shall be computed according to the rate of benefits received by the claimant or dependent after, and not before, such other reduction has been made.

(3) An admission of liability reducing compensation under this section must include a statement by a representative of the employer listing the specific facts on which the reduction is based.

(4) If the insurer or self-insured employer admits liability for the claim, any party may request an expedited hearing on the issue of whether the employer or insurer may reduce compensation under this section if the application for hearing is filed within forty-five days after the date of the admission reducing compensation under this section. The director shall set any expedited matter for hearing within sixty days after the date of the application. The time schedule for an expedited hearing is subject to the extensions set forth in section 8-43-209. If the party elects not to request an expedited hearing under this subsection (4), the time schedule for hearing the matter is as set forth in section 8-43-209.

(5) Nothing in this section limits the right of a party to submit evidence at a hearing scheduled under this section or section 8-43-209.

(6) Nothing in this section precludes a party from requesting a hearing pursuant to the time schedule set forth in section 8-43-209.
C.R.S. § 8-83-308 — CO Code / Title 8 / Article 83 / Part 3 / Section 8-83-308
8-83-308. Colorado state apprenticeship resource directory - collection of apprenticeship
Status: in_force

8-83-308. Colorado state apprenticeship resource directory - collection of apprenticeship program information - promotion of public awareness - definitions. (1) The department shall maintain the Colorado state apprenticeship resource directory, referred to in this section as the "directory". The directory must include, for each apprenticeship program listed in the directory, the information collected by the department pursuant to this subsection (1). At least annually, the department shall update the information in the directory. The department shall require apprenticeship programs to provide the following information to the department for inclusion in the directory:

(a) Program name and United States department of labor registration number;

(b) Program contact information, including primary mailing address, and website address, if any;

(c) A brief description of the industry for which the program provides workforce training;

(d) A statement describing:

(I) The name of the occupation and certificate of completion as issued by the United States department of labor or the state apprenticeship agency;

(II) If applicable, additional credits, diplomas, degrees, certifications, industry certificates, interim credentials, or licenses that all participants receive upon the successful completion of the program; and

(III) If applicable, other optional credits, diplomas, degrees, certifications, industry certificates, interim credentials, or licenses that participants may be prepared for or earn as part of the program;

(e) The total number of months required or allowed to complete the program, the total number of hours an enrollee must complete, and, of the total hours an enrollee must complete, a breakdown of the number of on-the-job hours and other training hours an enrollee must complete;

(f) The total number of individuals enrolled in the program in the previous year and the anticipated attendance and enrollee tuition for the current year;

(g) The percentage of enrollees who completed the program in the previous year; the percentage of enrollees who completed the program in the previous year and who are currently working in the industry for which the program provides workforce training; and, if known, these percentages for each of the previous five years the program has been offered;

(h) The lowest journeyworker wage and highest journeyworker wage; and

(i) A brief description of the application process, selection criteria, and required or preferred prerequisites for enrollment.

(1.5) (a) On or before January 1, 2021, the department shall include in the directory the name and contact information for at least one designated apprenticeship training program contact for every school district and public high school. The contact information must include, at a minimum, the contact's mailing address, e-mail address, telephone number, and high school or school district that the contact represents.

(b) The department shall cooperate with the department of education, created and existing pursuant to section 24-1-115, to receive and annually update the information required pursuant to subsection (1.5)(a) of this section no later than September 1 of each year.

(c) As used in this subsection (1.5), unless the context otherwise requires:

(I) "Designated apprenticeship training program contact" means a designee of a school district or public high school that is the preferred point of contact for students, parents, or apprenticeship programs to interface with the school districts and high schools on matters related to apprenticeship training opportunities and workforce training.

(II) "Public high school" means a public school as defined in section 22-1-101, including a district charter school or an institute charter school that covers any grade from ninth through twelfth.

(III) "School district" means a school district authorized by section 15 of article IX of the state constitution and organized pursuant to article 30 of title 22. "School district" also includes a board of cooperative services created pursuant to article 5 of title 22 if it is operating a public high school.

(2) The department shall promote public awareness of the directory by, at a minimum:

(a) Prominently posting the directory on the department's website;

(b) Notifying work force development boards, as defined in section 8-83-203 (23), when the directory is first posted on the department's website and each time an annual revised directory is posted. The department shall provide each board with information on how to access the full directory and shall require each board to include a link to the directory information on the board's website.

(c) Identifying and informing the appropriate contact persons at Colorado educational institutions of the availability of the directory. The educational institutions include high school guidance offices, community colleges, state colleges and universities, and private higher education institutions.

(d) Informing relevant private industry and business associations of the availability of the directory and requesting that the associations promote the directory to association members;

(e) Conducting annual outreach, including providing:

(I) Technical assistance on how to update program information and standards for accuracy of information; and

(II) Resources to promote apprenticeship openings to the public.

(3) As used in this section, unless the context otherwise requires:

(a) "Apprenticeship program" means a Colorado-based apprenticeship training program that is registered with the United States department of labor's office of apprenticeship or an apprenticeship program as defined in section 8-15.7-101 (4).

(b) "Industry" means either one or more individual employers or an industry association.

(c) "Journeyworker" means either:

(I) A worker who has attained a level of skill, abilities, and competencies recognized within an industry as having mastered the skills and competencies required for the occupation; or

(II) A mentor, technician, specialist, or other skilled worker who has documented sufficient skills and knowledge of an occupation, either through formal apprenticeship or through practical on-the-job experience and formal training.

(d) "State apprenticeship agency" means the state apprenticeship agency created in section 8-15.7-102.

(4) The directory must include information from the program's registration information and registered apprenticeship program standards.
C.R.S. § 8-17-106 — CO Code / Title 8 / Article 17 / Section 8-17-106
8-17-106. Rules
Status: in_force

8-17-106. Rules. (1) The executive director of the department of labor and employment shall promulgate rules for the implementation of this article. Such rules shall be promulgated in accordance with the "State Administrative Procedure Act", article 4 of title 24, C.R.S., and must include, but need not be limited to:

(a) A procedure for filing a complaint alleging that a contractor is in violation of the provisions of this article;

(b) A procedure for the uniform investigation of any complaint alleging a violation of the provisions of this article; and

(c) A procedure for filing an appeal pursuant to section 8-17-104 (3).
C.R.S. § 8-73-110 — CO Code / Title 8 / Article 73 / Section 8-73-110
8-73-110. Other remuneration - severance pay - definitions
Status: repealed

8-73-110. Other remuneration - severance pay - definitions. (1) (a) The benefits for an individual who is separated from employment and receives a severance allowance must be postponed for a number of calendar weeks after separation from employment that is equal to the total amount of the severance allowance, divided by the individual's usual weekly wage. The postponement required by this subsection (1) begins with the calendar week in which the severance allowance was received. If the number of weeks does not equal a whole number, the remainder is disregarded. Notwithstanding section 8-73-107 (1)(f), any wages earned by an individual in a calendar week during postponement are disregarded.

(b) For purposes of this subsection (1), "individual's weekly wage" means an individual's usual or average wage earned in a representative number of calendar weeks.

(1.2) (Deleted by amendment, L. 2009, (HB 09-1076), ch. 408, p. 2248, § 1, effective June 2, 2009.)

(1.5) Repealed.

(1.6) (Deleted by amendment, L. 2009, (HB 09-1076), ch. 408, p. 2248, § 1, effective June 2, 2009.)

(2) An individual who has an award for any week and for which week he, at a subsequent date, received a pay award by reason of a decision of the national labor relations board or other source, as a result of the action taken by the national labor relations board or other source, shall immediately repay to the division such amounts as will reimburse the division for all benefit payments made for the period during which he drew benefits and for which the national labor relations board or other source has caused a payment to be made in the form of back pay award to the claimant; and the employer's account charged for such benefits shall be credited accordingly.

(3) (a) (I) Except as provided in subparagraph (II) of this paragraph (a), an individual's weekly benefit amount shall be reduced (but not below zero) by:

(A) (Deleted by amendment, L. 2009, (HB 09-1076), ch. 408, p. 2248, § 1, effective June 2, 2009.)

(B) The prorated weekly amount of a pension, retirement or retired pay, or annuity that has been contributed to by a base period employer; or

(C) The prorated weekly amount of any other similar periodic or lump-sum retirement payment from a plan, fund, or trust which has been contributed to by a base period employer.

(II) An individual's weekly benefit amount shall not be reduced when an individual receives a lump-sum retirement payment from a plan, fund, or trust that has been contributed to by a base period employer when all of the following conditions are met:

(A) The individual's separation from the employer awarding the payment is not due to a retirement pursuant to section 8-73-108 (4)(m) or (5)(e)(XXIII);

(B) The individual presents proof to the division within fourteen calendar days from date of claim or sixty calendar days of receipt of such lump-sum payment, whichever is later, that this total payment has been reinvested into an individual retirement account or Keogh plan, as defined in 26 U.S.C. sec. 408 or 26 U.S.C. sec. 401, and such proof establishes that the investment is for a duration of at least one year; except that such lump-sum retirement payment shall not be considered to be received by the individual until the entire balance has been so received. Should a portion of the payment be ineligible for reinvestment and the claimant presents proof that the total eligible portion has been reinvested, only the remaining uninvested portion will be prorated in accordance with subparagraph (III) of this paragraph (a).

(III) When an individual receives a lump-sum retirement payment from a plan, fund, or trust that has been contributed to by a base period employer and the payment does not meet all of the criteria established in subparagraph (II) of this paragraph (a), then the division shall postpone the individual's benefits for a number of calendar weeks equal to the gross amount of the lump-sum payment divided by the individual's full-time weekly wage. However, when an individual receives a lump-sum retirement payment from a plan, fund, or trust as described in this subparagraph (III), but only reinvests a portion of that payment as required in subparagraph (II) of this paragraph (a), or when an individual otherwise withdraws an amount from a plan, fund, or trust that is less than the total lump sum of the account, then the division shall consider only the portion that is received but not reinvested pursuant to subparagraph (II) of this paragraph (a) in determining the number of calendar weeks that the individual's benefits are postponed.

(IV) An individual's weekly benefit amount shall not be reduced by any amount of a primary insurance benefit under Title II of the federal "Social Security Act" that has been contributed to by a base period employer if the employee has made contributions to federal social security.

(b) (I) An individual who has applied for a retirement payment shall be entitled to receive, if otherwise eligible, the weekly benefit amount reduced by the prorated weekly amount of the estimated or reported amount of such retirement payment. When notice of the actual or confirmed amount of the retirement payment is received by the individual, he shall advise the division and the deduction will be adjusted accordingly.

(II) If the estimated amount of the retirement payment exceeds the amount of unemployment compensation to which the individual is entitled, he shall receive one payment equal to the minimum weekly benefit amount, as prescribed by section 8-73-102 (1), other provisions of articles 70 to 82 of this title notwithstanding.

(c) For purposes of this subsection (3), "lump-sum retirement payment" means the entire balance due the individual from the plan, fund, or trust that has been contributed to by a base period employer.

(4) An individual's weekly benefit amount shall not be reduced because of the receipt of military service-connected disability compensation payable under 38 U.S.C., chapter 11, by the federal veterans administration. An individual's weekly benefit amount shall be reduced because of the receipt of a military disability retirement pension based on previous work performed by the individual, the relationship to the level of prior remuneration, or the length of service.

(5) Individuals who receive compensation for temporary disability under the workers' compensation law of any state or under a similar law of the United States shall be entitled to receive benefits for a corresponding week, if otherwise eligible, reduced by the amount of the temporary disability compensation unless the temporary disability amount has already been reduced by the unemployment insurance benefit amount.

(6) Individuals who receive sick pay benefits or other similar periodic cash payments paid to the worker by a base period employer or from any trust or fund contributed to by a base period employer shall be entitled to receive benefits for a corresponding week, if otherwise eligible, reduced by the amount of such sick pay benefits or other similar periodic cash payments.

(7) Repealed.

(8) (Deleted by amendment, L. 2009, (HB 09-1076), ch. 408, p. 2248, § 1, effective June 2, 2009.)
C.R.S. § 8-2-128 — CO Code / Title 8 / Article 2 / Part 1 / Section 8-2-128
8-2-128. Prohibitions of employer - requiring social security number - exceptions
Status: in_force

8-2-128. Prohibitions of employer - requiring social security number - exceptions. (1) (a) An entity with a board of directors, including any advisory board, shall not require a member of the board of directors who is not paid for serving on the board, except for occasional reimbursement of incidental expenses of serving on the board, to disclose the member's social security number to the entity in order to serve as a member of the board.

(b) Notwithstanding paragraph (a) of this subsection (1), a current or prospective board member may be required to disclose his or her social security number:

(I) To an entity that is required by law, rule, or a government or accreditation organization's recommended program of legal compliance to require a member of its board of directors to provide a social security number to use to check any governmental background check database or to reimburse a member for expenses incurred in the actual performance of his or her duties;

(II) If the board member would directly serve a clientele that includes minors, the elderly, victims of abuse, persons with developmental disabilities, or other vulnerable individuals and that has an established policy of using a professional employment screening service to conduct background checks, utilizing social security numbers, to screen its personnel, board members, or volunteers; or

(III) If the board member would be authorized to sign checks or engage in other transactions involving the entity's assets or accounts and the financial institution holding those assets or accounts requires a social security number to verify the identity of persons so authorized.

(c) An entity that requires an individual to provide his or her social security number for one of the reasons listed in paragraph (b) of this subsection (1) shall state the reason and specify what uses will be made of the individual's social security number.

(2) It is unlawful for the state or any local government to deny an individual any right, benefit, or privilege provided by law that would violate the federal "Privacy Act of 1974", Pub.L. 93-579, sec. 7, because of the individual's refusal to disclose his or her social security number unless federal law, state law or rule, or a rule, order, or directive of a court requires such disclosure. The state or any local government that requests an individual to disclose his or her social security number when the disclosure is not required by federal or state law shall inform the individual whether that disclosure is mandatory or voluntary, by what statutory or other authority the social security number is solicited, and what uses will be made of the individual's social security number.
C.R.S. § 8-4-109 — CO Code / Title 8 / Article 4 / Section 8-4-109
8-4-109. Termination of employment - payments required - civil penalties - payments to su
Status: in_force

8-4-109. Termination of employment - payments required - civil penalties - payments to surviving spouse or heir. (1) (a) When an interruption in the employer-employee relationship by volition of the employer occurs, the wages or compensation for labor or service earned, vested, determinable, and unpaid at the time of such discharge is due and payable immediately. If at such time the employer's accounting unit, responsible for the drawing of payroll checks, is not regularly scheduled to be operational, then the wages due the separated employee shall be made available to the employee no later than six hours after the start of such employer's accounting unit's next regular workday; except that, if the accounting unit is located off the work site, the employer shall deliver the check for wages due the separated employee no later than twenty-four hours after the start of such employer's accounting unit's next regular workday to one of the following locations selected by the employer:

(I) The work site;

(II) The employer's local office; or

(III) The employee's last-known mailing address.

(b) When an employee quits or resigns such employee's employment, the wages or compensation shall become due and payable upon the next regular payday. When a separation of employment occurs, the employer shall make the separated employee's check for wages due available at one of the following locations selected by the employer:

(I) The work site;

(II) The employer's local office; or

(III) The employee's last-known mailing address.

(c) If an employer has made the employee's wages or compensation available at the work site or at the employer's local office under paragraph (a) or (b) of this subsection (1), and the employee has not received the wages or compensation within sixty days after the wages or compensation were due, the employer shall mail the employee's check for wages or compensation due to the employee's last-known mailing address.

(2) Nothing in subsection (1) of this section shall limit the right of an employer to set off any deductions pursuant to section 8-4-105 owing by the employee to the employer or require the payment at the time employment is severed of compensation not yet fully earned under the compensation agreement between the employee and employer, whether written or oral.

(3) (a) If an employer refuses to pay wages or compensation in accordance with subsection (1) of this section or section 8-4-103 (1)(a), the employee, the employee's designated agent, or the division may send a written demand for the payment on behalf of the employee or a group of similarly situated employees or may file an administrative claim or civil action for the payment.

(a.5) If the employer disputes the amount of wages or compensation claimed by an employee under this article 4 and if, within fourteen days after the written demand is sent or the administrative claim or civil action is sent to or served on the employer, the employer makes a legal tender of the full amount of all wages that the employee, the employee's designated agent, or the division in good faith demands are owed for any violation of this article 4, the employer shall not be liable for any penalty unless, in a legal proceeding, including a civil action or an administrative procedure under sections 8-4-111 and 8-4-111.5, the employee recovers a greater sum than the amount the employer tendered.

(b) On or after January 1, 2023, if an employer fails or refuses to pay, in the manner specified in subsection (3)(d) of this section, all earned, vested, and determinable wages or compensation within fourteen days after the written demand is sent or within fourteen days after a civil action or administrative claim for the wages or compensation is sent to or served on the employer, the employer is liable to the employee or group of similarly situated employees for the amount of the earned, vested, determinable, and unpaid wages or compensation plus an automatic penalty of:

(I) The greater of two times the amount of the unpaid wages or compensation or one thousand dollars; or

(II) If the employee can show that the employer's failure or refusal to pay wages or compensation was willful, the greater of three times the amount of the unpaid wages or compensation or three thousand dollars.

(c) Evidence that a judgment or wage determination of the division has, within the previous five years, been entered against the employer for failure to pay wages or compensation is admissible as evidence of willful conduct. An employer's failure or refusal to pay wages or compensation is per se willful if the employee can show that the claim for which a penalty under subsection (3)(b) of this section is assessed is the employer's second or subsequent failure or refusal to pay to employees wages or compensation of the same or similar type within the five years immediately preceding the claim.

(d) (I) The employer shall send or deliver payment, by check, draft, or voucher in the employee's name, to the employee at the address contained in the written demand or administrative claim or civil action; or make the payment by direct deposit authorized under section 8-4-102 (2) if the employee has not revoked the authorization. The employer may, but is not required to, make the payment by direct deposit to an account specified by the employee in the demand, administrative claim, or court action, even if the employee has not previously authorized direct deposit of the employee's compensation, or make the payment by another method requested by the employee in the demand, administrative claim, or court action, if applicable. If the employee has not previously authorized direct deposit of compensation and the demand, administrative claim, or court action does not state an address to which the payment should be mailed, the employer shall make the payment as follows:

(A) To the employee's last-known address according to the records of the employer; or

(B) If applicable and if the employer so elects, as otherwise requested by the employee in the demand, administrative claim, or court action.

(II) The employee or the employee's designated agent may commence a civil action to recover the penalty set forth in this subsection (3). If, within fourteen days after a written demand is sent to or an administrative claim or a civil action is sent to or served on the employer, the employer makes a full legal tender of all amounts demanded in good faith for all employees, the employee shall dismiss the action.

(4) If, at the time of the death of any employee, an employer is indebted to the employee for wages or compensation, and no personal representative of the employee's estate has been appointed, such employer shall pay the amount earned, vested, and determinable to the deceased employee's surviving spouse. If there is no surviving spouse, the employer shall pay the amount due to the deceased employee's next legal heir upon the request of such heir. If a personal representative for the employee has been appointed and is known to the employer prior to payment of the amount due to the spouse or other legal heir, the employer shall pay the amount due to such personal representative upon the request of such representative. The employer shall require proof of a claimant's relationship to the deceased employee by affidavit and require such claimant to acknowledge the receipt of any payment in writing. Any payments made by the employer pursuant to the provisions of this section shall operate as a full and complete discharge of the employer's indebtedness to the extent of the payment, and no employer shall thereafter be liable to the deceased employee's estate or to the deceased employee's personal representative. Any amounts received by a surviving spouse or legal heir shall be considered in diminution of the allowance to the spouse or legal heir pursuant to the "Colorado Probate Code", articles 10 to 17 of title 15, C.R.S. Nothing in this section shall create a substantive right that does not exist in any agreement between the employer and the employee.
C.R.S. § 8-70-117 — CO Code / Title 8 / Article 70 / Section 8-70-117
8-70-117. Employment - base of operations
Status: in_force

8-70-117. Employment - base of operations. "Employment" means that the entire service of an individual is performed within this state or both within and without this state if the service is localized in this state; or that the service is not localized in any state but some of the service is performed in this state and that the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in this state; or that the base of operations or place from which the service is directed or controlled is not in any state in which some part of the service is performed but that the individual's residence is in this state. For purposes of this section, service shall be deemed to be localized within a state if the service is performed entirely within the state or if the service is performed both within and without the state but the service performed without the state is incidental to the individual's service within the state or, for example, is temporary or transitory in nature or consists of isolated transactions.
C.R.S. § 8-70-136 — CO Code / Title 8 / Article 70 / Section 8-70-136
8-70-136. Employment does not include - brokers
Status: in_force

8-70-136. Employment does not include - brokers. (1) "Employment" does not include services performed by an individual as a licensed real estate broker or as a direct seller engaged in the trade or business of selling, or soliciting the sale of, a consumer product in a home or in an establishment other than a permanent retail establishment or as an individual engaged in the trade or business of the delivering or distribution of newspapers or shopping news, including any services directly related to such trade or business if:

(a) All the remuneration, whether or not paid in cash, for the performance of such services is directly related to sales or other output, including the performance of services, instead of the number of hours worked; and

(b) The services are performed pursuant to a written contract between such person and the person for whom the services are performed and if such contract provides that the person shall not be treated as an employee with respect to such services for federal tax purposes.
C.R.S. § 8-13.5-203 — CO Code / Title 8 / Article 13.5 / Part 2 / Section 8-13.5-203
8-13.5-203. Extreme overwork protections - heat stress training - short-handled hoe prohibit
Status: in_force

8-13.5-203. Extreme overwork protections - heat stress training - short-handled hoe prohibited - rules. (1) The director of the division shall promulgate rules that require agricultural employers to protect agricultural workers from heat-related stress illnesses and injuries when the outside temperatures reach eighty degrees or higher, with discretion to adjust requirements based on environmental factors, exposure time, acclimatization, and metabolic demands of the job as set forth in the federal department of health and human services centers for disease control and prevention national institute for occupational safety and health 2016 revised publication: Criteria for a Recommended Standard, Occupational Exposure to Heat and Hot Environments. The rules must be proposed on or before October 31, 2021, and adopted on or before January 31, 2022.

(2) (a) Using a short-handled hoe is prohibited in agricultural employment for weeding and thinning in a stooped, kneeling, or squatting position.

(b) The performance of weeding and thinning by hand or with a short-handled tool, other than a short-handled hoe, in a stooped, kneeling, or squatting position is strongly disfavored unless there is no suitable long-handled tool or other alternative means of performing the work that is suitable and appropriate to both the production of the agricultural or horticultural commodity and the scale of the operation. Nothing in this subsection (2) is construed to allow the use of the short-handled hoe.

(c) Beginning January 1, 2022, this subsection (2) does not prohibit:

(I) Occasional or intermittent hand weeding or hand thinning in a stooped, kneeling, or squatting position that is incidental to a non-hand-weeding operation;

(II) Hand thinning of high density plants spaced less than two inches apart when planted;

(III) Hand weeding or thinning of any agricultural or horticultural commodity grown in fields or greenhouses for which the employer maintains a current certification from the Colorado department of agriculture or an authorized certifying body as meeting the standards of the United States department of agriculture's national organic program;

(IV) Hand weeding, thinning, or tending any agricultural or horticultural commodities when they are seedlings;

(V) Hand weeding, thinning, or tending agricultural or horticultural commodities grown in tubs or planter containers with an opening that does not exceed fifteen inches in width;

(VI) Seeding, planting, transplanting, or harvesting by hand or with a hand tool; or

(VII) Hand weeding, thinning, or tending the soil-exposed area immediately surrounding agricultural or horticultural commodities grown using polyethylene film or plastic mulch. This exemption does not permit the hand weeding of the spaces between rows of plants grown using polyethylene film or plastic mulch.

(d) The commissioner of the department of agriculture shall promulgate rules regarding allowances for and limitations to hand weeding and hand thinning for agricultural employers actively engaged in the transition to certified organic agriculture for a period of no more than three years while ensuring that agricultural workers are not at risk of acute, chronic, or debilitating injuries. The rules must be proposed on or before October 31, 2021, and adopted on or before January 31, 2022.

(e) On or before January 31, 2022, the commissioner of the department of agriculture shall promulgate rules that establish a procedure for agricultural employers to seek a certificate of variance from the Colorado department of agriculture that allows for more than occasional or intermittent hand weeding of agricultural or horticultural products if the agricultural employer establishes that:

(I) The hand weeding does not involve prolonged and unnecessary stooping, kneeling, or squatting, and does not create a risk of acute, chronic, or debilitating injuries for agricultural workers;

(II) There is no suitable long-handled tool or other alternative means of performing the work that is suitable and appropriate to both the production of the agricultural or horticultural commodity and the scale of the operation; and

(III) The hand weeding cannot be performed pursuant to an existing exemption pursuant to this subsection (2).

(3) An agricultural employer shall provide agricultural workers engaged in hand weeding and hand thinning an additional five-minute rest period, which, insofar as is practicable, must be in the middle of each work period. The authorized rest period must be based on the total hours worked daily at the rate of fifteen minutes net rest time per four hours of work, or a major fraction thereof. The agricultural employer shall count the authorized rest period as hours worked and not deduct the rest period from the agricultural worker's wages.

(4) An agricultural employer shall provide gloves and knee pads, as necessary, to each agricultural worker engaging in hand weeding, hand thinning, or hand hot-capping.

(5) If any provision of this section or its application to any person or circumstance is held invalid or unconstitutional, such provision or application does not affect other provisions or applications of this section that can be given effect without the invalid or unconstitutional provision or application, and the provisions of this section are severable.
C.R.S. § 8-70-134 — CO Code / Title 8 / Article 70 / Section 8-70-134
8-70-134. Employment does not include - unemployment compensation system
Status: in_force

8-70-134. Employment does not include - unemployment compensation system. "Employment" does not include services with respect to which unemployment compensation is payable under an unemployment compensation system established by an act of congress. The division is authorized to enter into agreements with the proper agencies under such act of congress, which agreements shall become effective ten days after publication thereof in the manner provided in section 8-72-102 for general rules, to provide reciprocal treatment to individuals who have, after acquiring potential rights to benefits under articles 70 to 82 of this title, acquired rights to unemployment compensation under such act of congress or who have, after acquiring potential rights to unemployment compensation under such act of congress, acquired rights to benefits under articles 70 to 82 of this title.
C.R.S. § 8-14.5-104 — CO Code / Title 8 / Article 14.5 / Section 8-14.5-104
8-14.5-104. Creation of board
Status: in_force

8-14.5-104. Creation of board. (1) (a) There is created in the division the workers' compensation cost containment board, to be composed of seven members as follows:

(I) The commissioner of insurance;

(II) The chief executive officer of Pinnacol Assurance; and

(III) Five members appointed by the governor and confirmed by the senate. The appointed members of the board shall be chosen among the following:

(A) Employers or their designated representatives engaged in businesses having workers' compensation insurance rates in the upper five percent of the rate schedule;

(B) Actuaries or executives with risk management experience in the insurance industry; or

(C) Employers who have demonstrated good risk management experience with respect to their workers' compensation insurance.

(b) (I) The appointed members of the board shall serve for terms of three years and may be reappointed; except that the terms shall be staggered so that no more than three members' terms expire the same year.

(II) The chief executive officer of Pinnacol Assurance and the commissioner of insurance shall serve continuously.

(2) Members of the board serve without compensation but are entitled to reimbursement for actual and necessary traveling and subsistence expenses incurred in the performance of their official duties as members of the board.

(3) The board is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department and the director of the division.
C.R.S. § 8-83-504 — CO Code / Title 8 / Article 83 / Part 5 / Section 8-83-504
8-83-504. Just transition cash fund - transfer from general fund - transfer from account -
Status: repealed

8-83-504. Just transition cash fund - transfer from general fund - transfer from account - definition. (1) The just transition cash fund is created in the state treasury. The fund consists of money credited to the fund in accordance with section 39-29-108 (2)(d) and any other money that the general assembly may appropriate or transfer to the fund. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Subject to annual appropriation by the general assembly, the office may expend money from the fund and the department may expend money from the coal transition workforce assistance program account of the fund created in section 8-83-504.5 (1) for purposes specified in this part 5, including paying for the office's direct and indirect costs in administering this part 5. Any unexpended and unencumbered money in the fund at the end of any fiscal year remains in the fund and shall not be credited or transferred to the general fund.

(2) The general assembly may appropriate money from the general fund for the purposes specified in this part 5. The office may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of this part 5.

(3) Each construction project financed through the fund must comply with sections 24-92-115 and 24-92-201.

(4) (a) (I) (A) On June 30, 2021, the state treasurer shall transfer eight million dollars from the general fund to the fund.

(B) On March 7, 2022, the state treasurer shall transfer two million dollars from the account to the fund.

(C) On July 1, 2022, the state treasurer shall transfer five million dollars from the general fund to the fund.

(II) Subject to annual appropriation by the general assembly, the office shall expend the money transferred to the fund pursuant to this subsection (4)(a) to implement the just transition plan for Colorado prepared as required by section 8-83-503 (4), to provide supplemental funding for existing state programs that the office identifies as the most effective vehicles for targeted investment in coal transition communities, and to provide grants and other support directly to coal transition communities and other eligible entities. In expending money from the fund, the office shall place a heavy emphasis on investment in tier one transition communities and shall support programs that:

(A) Support targeted economic development, including expansion assistance for existing local businesses, programs expanding private financial investment, and site selector and technical assistance engagements;

(B) Assist with regional capacity for coordination of economic development programs and worker assistance programs;

(C) Support infrastructure projects and workforce development programs; or

(D) Are consistent with the goals and strategies outlined in the just transition plan.

(III) Repealed.

(b) In addition to the requirements set forth in subsection (4)(a) of this section, the office shall expend money transferred to the fund pursuant to subsection (4)(a) of this section in accordance with the following requirements and limitations:

(I) The office shall consult with the just transition advisory committee on expenditure decisions and prioritize the expenditure of the money in a manner consistent with the final just transition plan and the level of support for any given proposed expenditure from coal transition communities and state action teams formed to assist with the development of rural economic diversification and transition roadmaps as set forth in the final just transition plan.

(II) The office may provide for the transfer of money from the fund to other state agencies only if the transfer is approved by the director, the executive director of the department, the executive director of the department of local affairs, and the director of the Colorado office of economic development.

(III) The office shall expend or encumber the money transferred to the fund pursuant to this section by the close of state fiscal year 2029-30.

(IV) The department is authorized to use up to five percent of the money in the fund to fund operational support for the office's expenditure of the money, including funding for the compensation of existing office employees.

(c) Subject to the requirements of this subsection (4) and notwithstanding any other law, the office may expend money from the fund to make grants to any eligible entity, and a state agency to which a transfer of money from the fund is made pursuant to this subsection (4) may expend the money transferred to make grants to any eligible entity.

(5) (a) Notwithstanding any other provision of this section, for the 2021-22 state fiscal year, the general assembly shall appropriate one hundred fifty thousand dollars from the fund to the department of higher education for use by the board of trustees of the Colorado school of mines to expand the CORE-CM initiative in the Greater Green river and Wind river basins.

(b) As used in this subsection (5), "CORE-CM initiative" means the Carbon Ore, Rare Earth, and Critical Minerals Initiative for U.S. Basins, an initiative through the office of fossil energy in the federal department of energy, the purpose of which is to develop and catalyze regional economic growth, job creation, and associated technology innovation across basins throughout the country.
C.R.S. § 8-41-205 — CO Code / Title 8 / Article 41 / Part 2 / Section 8-41-205
8-41-205. Waiver of compensation by employee - approval required - exception
Status: repealed

8-41-205. Waiver of compensation by employee - approval required - exception. No waiver of compensation or medical benefits by an employee for aggravation of any preexisting condition or disease shall be allowed under articles 40 to 47 of this title. This section, however, shall not invalidate any such waiver so filed and approved prior to March 1, 1977, under the provisions of the "Colorado Occupational Disease Disability Act", which was repealed effective September 1, 1975.
C.R.S. § 8-83-107 — CO Code / Title 8 / Article 83 / Part 1 / Section 8-83-107
8-83-107. Workforce development enterprise - creation - powers and duties - enterprise fun
Status: in_force

8-83-107. Workforce development enterprise - creation - powers and duties - enterprise fund - fee - legislative declaration - definitions. (1) The general assembly finds and declares that:

(a) Employers in Colorado pay unemployment insurance premiums pursuant to state law;

(b) Unemployment insurance premiums fund unemployment insurance benefits paid to Colorado workers who have become unemployed through no fault of their own and are able and available to work;

(c) Paying unemployment benefits depletes Colorado's unemployment compensation fund, which is funded exclusively by employer premiums;

(d) Providing workforce development services benefits employers throughout Colorado by:

(I) Helping Colorado workers more quickly regain employment, thereby reducing their need for unemployment benefits and keeping employers' unemployment premiums lower;

(II) Developing a more qualified workforce that can better meet the needs of Colorado's businesses;

(III) Connecting Colorado employers with potential employees; and

(IV) Maintaining employers' customer bases by keeping the greatest number of people steadily employed and able to purchase goods and services;

(e) The workforce development enterprise created in this section provides valuable business services to employers by ensuring Colorado workers have access to workforce development services and access to Colorado's workforce development centers' services;

(f) By providing these services, the enterprise engages in an activity conducted in the pursuit of a benefit, gain, or livelihood;

(g) Consistent with the determination of the Colorado supreme court in Nicholl v. E-470 Public Highway Authority, 896 P.2d 859 (Colo. 1995), the power to impose taxes is inconsistent with enterprise status under section 20 of article X of the state constitution, and, therefore, it is the conclusion of the general assembly that the revenue collected by the workforce development enterprise is generated by fees, not taxes, because the money credited to the enterprise is:

(I) For the specific purpose of allowing the enterprise to defray the costs of providing the services specified in this section; and

(II) Collected at rates that are reasonably calculated based on the costs of the services provided by the enterprise; and

(h) So long as the enterprise qualifies as an enterprise for purposes of section 20 of article X of the state constitution, the enterprise's revenue is not state fiscal year spending, as defined in section 24-77-102 (17), or state revenues, as defined in section 24-77-103.6 (6)(c), and does not count against either the state fiscal year spending limit imposed by section 20 of article X of the state constitution or the excess state revenues cap, as defined in section 24-77-103.6 (6)(b).

(2) As used in this section:

(a) "Enterprise" means the workforce development enterprise created in subsection (3) of this section.

(b) "Fund" means the workforce development fund created in subsection (4) of this section.

(3) The workforce development enterprise is created in the division. The business purpose of the enterprise is to ensure Colorado workers have access to workforce development services and access to Colorado's workforce development centers. The workforce development enterprise constitutes an enterprise for purposes of section 20 of article X of the state constitution, so long as it retains the authority to issue revenue bonds and receives less than ten percent of its total annual revenue in grants from all Colorado state and local governments combined. So long as it constitutes an enterprise pursuant to this subsection (3), the enterprise is not subject to section 20 of article X of the state constitution.

(4) The workforce development fund is created in the state treasury. Money in the fund shall be used by the workforce development enterprise to engage in and support employment and training workforce initiatives throughout Colorado. The workforce development enterprise may deposit or permit others to deposit other money into the workforce development fund. The workforce development fund consists of the following:

(a) Fourteen percent of the support surcharge collected pursuant to section 8-76-102.5 (3)(a)(IV);

(b) Any money appropriated to the fund by the general assembly;

(c) Any money granted to the enterprise from a federal agency for workforce development purposes;

(d) Any money from bonds issued pursuant to subsection (6) of this section; and

(e) Any gifts, grant, donations, or other money received by the enterprise.

(5) The enterprise may engage the services of contractors and consultants, including the department of labor and employment and the attorney general's office, for professional and technical assistance and advice and to supply other services related to conducting the affairs of the enterprise.

(6) (a) The enterprise is authorized to issue revenue bonds for the expenses of the enterprise, which bonds may be secured by any revenues of the enterprise. Revenue from the bonds issued pursuant to this subsection (6)(a) shall be deposited into the fund.

(b) The board of directors for the enterprise is as follows:

(I) The executive director of the department or the executive director's designee;

(II) The director of the Colorado workforce development council or the director's designee; and

(III) Ten members, one representing each local workforce council, appointed by the executive director of the department.

(c) The board has the following powers and duties:

(I) To supervise the enterprise;

(II) To issue revenue bonds;

(III) To acquire, hold title to, and dispose of real and personal property as necessary in the exercise of the board's powers and performance of the board's duties;

(IV) To enter into agreements with the department;

(V) To request the state treasurer to act as advisor to the fund to issue such bonds and notes as are necessary to maintain adequate balances in the fund; and

(VI) To have and exercise all rights and powers necessary or incidental to or implied from the specific powers and duties granted by this section.

(7) Except as provided in subsection (9) of this section, the state treasurer shall credit all interest and income derived from the deposit and investment of money in the workforce development fund to the fund. Money in the fund shall not be credited or transferred to the general fund or any other fund at the end of the fiscal year.

(8) The general assembly shall appropriate the money in the workforce development fund annually to the enterprise.

(9) (a) At the end of the 2024-25 state fiscal year, if the amount in the fund exceeds six million eight hundred thousand dollars, the state treasurer shall transfer the money in the fund in excess of six million eight hundred thousand dollars to the unemployment compensation fund created in section 8-77-101 (1).

(b) At the end of the 2025-26 state fiscal year, and each state fiscal year thereafter, if the amount in the fund exceeds six million eight hundred thousand dollars, as adjusted for the United States department of labor's bureau of labor statistics consumer price index for Denver-Aurora-Lakewood, or its successor index, the state treasurer shall credit any money collected pursuant to this section that would cause the balance in the fund to exceed the adjusted amount to the unemployment compensation fund created in section 8-77-101 (1).
C.R.S. § 8-3-106 — CO Code / Title 8 / Article 3 / Section 8-3-106
8-3-106. Rights of employees
Status: in_force

8-3-106. Rights of employees. In accordance with the provisions of this article, employees have the right of self-organization and the right to form, join, or assist labor organizations, to bargain collectively through representatives of their own free choosing, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection. Each employee also has the right to refrain from any of such activities. The rights of each employee are essential rights, and nothing contained in this article shall be so construed as to infringe upon or have any operation against or in conflict with such rights.
C.R.S. § 8-3.7-107 — CO Code / Title 8 / Article 3.7 / Part 1 / Section 8-3.7-107
8-3.7-107. Global talent task force - created - repeal
Status: repealed

8-3.7-107. Global talent task force - created - repeal. (1) On or before September 1, 2022, the ONA shall establish a global talent task force that includes diverse representation reflective of the state. The task force shall:

(a) Study the pathways for obtaining certain in-demand occupational licenses and international credentials to take advantage of the global pool of skilled workers in Colorado. The task force shall choose at least five occupations that are responsive to workforce needs, as determined by the annual Colorado talent report prepared pursuant to section 24-46.3-103 (3), and that are occupations in which the state has the need for and an ability to provide oversight, including occupations in early childhood education and care, education, and health care, with a priority given to the practice of nursing.

(b) Accelerate and expand work that the department and other state agencies have done to integrate new Americans and internationally trained professionals into the workforce; and

(c) Provide policy and programmatic recommendations to the governor and the general assembly to increase the ability of the state to harness the skills of new Americans, including through work-based learning opportunities.

(2) The ONA shall provide administrative staff to support the task force.

(3) (a) On or before September 1, 2022:

(I) The director of the ONA shall appoint twelve members of the task force as follows:

(A) Three internationally trained professionals;

(B) Three representatives of community-based organizations or coalitions serving new Americans and internationally trained professionals;

(C) One representative of work-based learning programs or providers of experiential learning opportunities;

(D) One representative of employers participating in a work-based learning program;

(E) Two representatives of in-demand industries, such as education or health care;

(F) One representative of local district colleges; and

(G) One representative of the state work force development council created in section 24-46.3-101;

(II) The president of the senate shall appoint two members of the senate to the task force, one of whom represents rural communities;

(III) The speaker of the house of representatives shall appoint two members of the house of representatives to the task force, one of whom represents rural communities;

(IV) The minority leader of the senate shall appoint one member of the senate to the task force;

(V) The minority leader of the house of representatives shall appoint one member of the house of representatives to the task force; and

(VI) The governor shall appoint one representative of the office of the governor.

(b) The task force also consists of:

(I) The executive director of the department or the executive director's designee;

(II) The executive director of the department of regulatory agencies or the executive director's designee;

(III) The executive director of the department of higher education or the executive director's designee;

(IV) The commissioner of education or the commissioner's designee; and

(V) The executive director of the department of early childhood education or the executive director's designee.

(c) The ONA may, as appropriate, provide a fifty-dollar stipend to each task force member per task force meeting that the member attends to recognize the task force members who are not otherwise compensated for the time served on the task force.

(4) On or before December 31, 2023, the task force shall report its findings and recommendations made pursuant to this section to the office of the governor and to the general assembly and shall make the report available to the public.

(5) This section is repealed, effective December 31, 2024.
C.R.S. § 8-67-104 — CO Code / Title 8 / Article 67 / Section 8-67-104
8-67-104. Exclusions
Status: in_force

8-67-104. Exclusions. (1) The following persons may not recover compensation or other benefits from the fund:

(a) A partner in a partnership or an owner of a sole proprietorship;

(b) A director or officer of a corporation;

(c) A member or manager of a limited liability company;

(d) An individual who was responsible for obtaining and maintaining the employer's workers' compensation insurance coverage and who failed to do so;

(e) An individual who was eligible to be covered under a workers' compensation insurance policy and voluntarily rejected the coverage under section 8-41-202, 8-41-404 (4)(a)(V), or 8-41-404 (4)(a)(VI);

(f) An individual who is not an "employee" as defined in sections 8-40-202 and 8-40-301 or who is otherwise ineligible to receive benefits under articles 40 to 47 of this title 8.
C.R.S. § 8-13.3-418 — CO Code / Title 8 / Article 13.3 / Part 4 / Section 8-13.3-418
8-13.3-418. Employer authorized to take disciplinary action
Status: in_force

8-13.3-418. Employer authorized to take disciplinary action. Nothing in this part 4 prohibits an employer from taking disciplinary action against an employee who uses paid sick leave provided under this part 4 for purposes other than those described in this part 4.
C.R.S. § 8-83-506 — CO Code / Title 8 / Article 83 / Part 5 / Section 8-83-506
8-83-506. Report - recommendations - repeal
Status: repealed

8-83-506. Report - recommendations - repeal. (1) (a) No later than January 1, 2024, the director shall provide written recommendations to the general assembly and the governor about changes to this part 5 that should be considered in order to better achieve the purposes of this part 5.

(b) This subsection (1) is repealed, effective September 1, 2025.

(2) (a) Between September 1 and November 15, 2022, and between September 1 and November 15 of each year thereafter, the director shall present a report to the joint budget committee of the general assembly on the history of expenditures from the fund and the account and the purposes for which the money in the fund and in the account has been expended or encumbered in the immediately preceding state fiscal year, specifying the programs described in sections 8-83-504 and 8-83-504.5 for which money has been expended, encumbered, or otherwise allocated.

(b) Notwithstanding section 24-1-136 (11)(a)(I), the reporting requirement specified in subsection (2)(a) of this section continues indefinitely.
C.R.S. § 8-84-202 — CO Code / Title 8 / Article 84 / Part 2 / Section 8-84-202
8-84-202. Definitions
Status: in_force

8-84-202. Definitions. As used in this part 2, unless the context otherwise requires:

(1) "Person who is blind" means a person who has not more than 20/200 central visual acuity in the better eye with correcting lenses or an equally disabling loss of the visual field as evidenced by a limitation to the field of vision in the better eye to such a degree that its widest diameter subtends an angle of no greater than twenty degrees.

(2) "Satisfactory site" means an area determined by the department to have sufficient space, electrical and plumbing outlets, and other facilities as prescribed by department rule for the location and operation of a vending facility or other business operated by a person who is blind.

(3) "State property" means any building, land, or other real property owned, leased, or occupied by any department or agency of the state of Colorado. "State property" does not include any property owned, leased, or occupied by any institution of higher education, the Auraria higher education center established in article 70 of title 23, C.R.S., or the board of commissioners of the Colorado state fair authority.

(4) "Vending facility" means automatic vending machines, a cafe, a cafeteria, a restaurant, a snack bar, a concession stand, or any other facility at which food, drinks, drugs, novelties, souvenirs, tobacco products, notions, or related items are regularly sold.
C.R.S. § 8-78-102 — CO Code / Title 8 / Article 78 / Section 8-78-102
8-78-102. Protection against loss
Status: in_force

8-78-102. Protection against loss. Such money shall be secured by the depository in which it is held to the same extent and in the same manner as required by the general depository law of this state. The state treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the employment security administration fund provided under this article. The liability imposed under this section shall exist in addition to any liability upon any separate bond existent on March 15, 1951, or which may be given in the future.
C.R.S. § 8-43-103 — CO Code / Title 8 / Article 43 / Part 1 / Section 8-43-103
8-43-103. Notice of injury - time limit
Status: in_force

8-43-103. Notice of injury - time limit. (1) Notice of an injury, for which compensation and benefits are payable, shall be given by the employer to the division and insurance carrier, unless the employer is self-insured, within ten days after the injury, and, in case of the death of any employee resulting from any such injury or any accident in which three or more employees are injured, the employer shall give immediate notice thereof to the director. If no such notice is given by the employer, as required by articles 40 to 47 of this title, such notice may be given by any person. Any notice required to be filed by an injured employee or, if deceased, by said employee's dependents may be made and filed by anyone on behalf of such claimant and shall be considered as done by such claimant if not specifically disclaimed or objected to by such claimant in writing filed with the division within a reasonable time. Such notice shall be in writing and upon forms prescribed by the division for that purpose and served upon the division by delivering to, or by mailing by registered mail two copies thereof addressed to, the division at its office in Denver, Colorado. Upon receipt of such notice from a claimant, the division shall immediately mail one copy thereof to said employer or said employer's agent or insurance carrier.

(2) The director and administrative law judges employed by the office of administrative courts shall have jurisdiction at all times to hear and determine and make findings and awards on all cases of injury for which compensation or benefits are provided by articles 40 to 47 of this title. Except in cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, and anthracosis, the right to compensation and benefits provided by said articles shall be barred unless, within two years after the injury or after death resulting therefrom, a notice claiming compensation is filed with the division. This limitation shall not apply to any claimant to whom compensation has been paid or if it is established to the satisfaction of the director within three years after the injury or death that a reasonable excuse exists for the failure to file such notice claiming compensation and if the employer's rights have not been prejudiced thereby, and the furnishing of medical, surgical, or hospital treatment by the employer shall not be considered payment of compensation or benefits within the meaning of this section; but, in all cases in which the employer has been given notice of an injury and fails, neglects, or refuses to report said injury to the division as required by the provisions of said articles, this statute of limitations shall not begin to run against the claim of the injured employee or said employee's dependents in the event of death until the required report has been filed with the division.

(3) In cases of disability or death resulting from exposure to radioactive materials, substances, or machines or to fissionable materials, or any type of malignancy caused thereby, or from poisoning by uranium or its compounds, or from asbestosis, silicosis, or anthracosis, the right to compensation and benefits shall be barred unless, within five years after the commencement of disability or death, a notice claiming compensation is filed with the division.
C.R.S. § 8-13.3-518 — CO Code / Title 8 / Article 13.3 / Part 5 / Section 8-13.3-518
8-13.3-518. Family and medical leave insurance fund - establishment and investment - repeal
Status: repealed

8-13.3-518. Family and medical leave insurance fund - establishment and investment - repeal. (1) There is hereby created in the state treasury the family and medical leave insurance fund. The fund consists of premiums paid pursuant to section 8-13.3-507, revenues from revenue bonds issued in accordance with section 8-13.3-508 (2)(d), and money transferred pursuant to subsection (4) of this section. Money in the fund may be used only to pay revenue bonds; to repay the general fund loan provided in subsection (3) of this section; to reimburse employers who pay family and medical leave insurance benefits directly to employees in accordance with section 8-13.3-515 (1); and to pay benefits under, and to administer, the program pursuant to this part 5, including technology costs to administer the program and outreach services developed under section 8-13.3-520. Interest earned on the investment of money in the fund remains in the fund. Any money remaining in the fund at the end of a fiscal year remains in the fund and does not revert to the general fund or any other fund. State money in the fund is continuously appropriated to the division for the purpose of this section. The general assembly shall not appropriate money from the fund for the general expenses of the state.

(2) The division may seek, accept, and expend gifts, grants, and donations, including program-related investments and community reinvestment funds, to finance the costs of establishing and implementing the program.

(3) (a) On June 14, 2021, or as soon as possible thereafter, the state treasurer shall transfer one million five hundred thousand dollars from the general fund to the fund for the purpose of defraying expenses incurred by the division before it receives premium revenue or revenue bond proceeds. Notwithstanding any other law, the division may accept and expend any money so transferred, and, notwithstanding any state fiscal rule or generally accepted accounting principle that could otherwise be interpreted to require a contrary conclusion, such a transfer is a loan from the state treasurer to the division that is required to be repaid and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). Loan liabilities that are recorded in the fund but are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.

(b) No later than December 31, 2023, the division shall repay the loan of one million five hundred thousand dollars received pursuant to subsection (3)(a) of this section and accumulated interest from the fund. Interest accrues on the money borrowed at a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of the date the transfer required by subsection (3)(a) of this section is made. Interest accrues at the rate specified in this subsection (3)(b) beginning on that date, until the date on which the money is repaid.

(c) This subsection (3) is repealed, effective December 1, 2024.

(4) (a) On May 17, 2022, or as soon as possible thereafter, and notwithstanding section 24-75-227 (3)(c), the state treasurer shall transfer fifty-seven million dollars from the revenue loss restoration cash fund to the fund. The money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established in section 8-13.3-516 and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7). Liabilities that are recorded in the fund but are not required to be paid in the current fiscal year shall not be considered when calculating sufficient statutory fund balance for purposes of section 24-75-109.

(a.5) On June 24, 2024, the state treasurer shall transfer four hundred thousand dollars from the general fund to the fund. The money is an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program established in section 8-13.3-516 and is not a grant for purposes of section 20 (2)(d) of article X of the state constitution or as defined in section 24-77-102 (7).

(b) (I) On or before December 31, 2022, the division shall determine the manner in which the state will receive a credit for the advance payment of premiums it has paid pursuant to subsection (4)(a) of this section for premiums it is required to pay under the family and medical leave insurance program established in section 8-13.3-516. The credit shall be calculated by multiplying the credit balance on the state's employer account or accounts as of June 30, 2022, and as of June 30 of each year thereafter, by a rate equivalent to the rate per annum on the most recently issued ten-year United States treasury note, rounded to the nearest one-tenth of one percent, as reported by the "Wall Street Journal", as of the date of the transfer required by subsection (4)(a) of this section. The state shall receive credit, calculated in this manner, until the amount of premiums the state is required to pay exceeds fifty-seven million dollars plus the amount of interest accrued as set forth in this subsection (4)(b)(I). On or before December 31, 2022, the division shall submit a report to the executive director of the department of personnel, the director of the office of state planning and budgeting, and the joint budget committee setting forth the manner in which it determines to credit the state pursuant to this subsection (4)(b)(I).

(II) On July 1, 2023, and on July 1 of each year thereafter, the executive director of the department of labor and employment shall submit a report of the amount of remaining credit the state can receive for premiums it is required to pay to the executive director of the department of personnel, the state treasurer, the director of the office of state planning and budgeting, and the joint budget committee.

(c) The advance payment of premiums by the state pursuant to this subsection (4) shall not constitute or become an indebtedness, a debt, or a liability of the state. The state shall not be liable on such advance payment, nor shall the advance payment constitute the giving, pledging, or loaning of the full faith and credit of the state. Advance payments shall be exempt from the state's fiscal rules.

(d) (I) Notwithstanding any provision of this section to the contrary, the division shall cease to credit the money transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section as an advance payment of premiums for state employee coverage that the state is required to pay under the family and medical leave insurance program at the end of state fiscal year 2023-24.

(II) Notwithstanding any provision of this section to the contrary, on the date on which the fund balance meets or exceeds one hundred million dollars, or as soon as possible thereafter, the state treasurer shall transfer thirty-five million dollars from the fund back to the revenue loss restoration cash fund created in section 24-75-227 (2)(a) as repayment of the unexpended amount of the advance payment of premiums for state employee coverage made by the state pursuant to subsection (4)(a) of this section.

(III) (A) On June 30, 2024, the state treasurer shall transfer one million one hundred thousand dollars from the fund to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226. This amount is of the money that originated from the money the state received from the federal coronavirus state fiscal recovery fund that was transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section.

(B) Notwithstanding any provision of this section to the contrary, on or as soon as possible after the date the state controller publishes the comprehensive annual financial report of the state for state fiscal year 2023-24, the state treasurer shall transfer any remaining amount of the fifty-seven million dollars transferred to the fund from the revenue loss restoration cash fund pursuant to subsection (4)(a) of this section, in addition to the thirty-five million dollars to be transferred pursuant to subsection (4)(d)(II) of this section, to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226 or to the general fund, as required in this subsection (4)(d)(III)(B), as repayment of the unexpended amount of the advance payment of premiums for state employee coverage made by the state pursuant to subsection (4)(a) of this section. The state treasurer shall transfer money pursuant to this subsection (4)(d)(III)(B) as follows: The state treasurer shall transfer money that originated from the money the state received from the federal coronavirus state fiscal recovery fund to the "American Rescue Plan Act of 2021" cash fund created in section 24-75-226 and shall transfer money that originated from the general fund to the general fund.
C.R.S. § 8-83-503 — CO Code / Title 8 / Article 83 / Part 5 / Section 8-83-503
8-83-503. Just transition office - advisory committee - repeal
Status: repealed

8-83-503. Just transition office - advisory committee - repeal. (1) The just transition office is created in the office of the executive director. The just transition office is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department of labor and employment.

(2) The executive director shall appoint the director of the office. The director shall manage the operations of the office.

(3) It is the purpose of the office to:

(a) Identify or estimate, to the extent practicable, the timing and location of facility closures and job layoffs in coal-related industries and their impact on affected workers, businesses, and coal transition communities and make recommendations to the just transition advisory committee, as part of its work outlined in subsection (6) of this section, as to how the office can most effectively respond to these economic dislocations;

(b) Provide administrative, logistical, research, and policy support to the just transition advisory committee's work as outlined in subsection (6) of this section; and

(c) Participate in the department's presentation to the general assembly during the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act" hearings, held pursuant to part 2 of article 7 of title 2, regarding requirements for financing components of the just transition plan, the administration of this part 5, and the expected results.

(4) Based on the draft just transition plan recommended by the advisory committee pursuant to subsection (6) of this section, and with the approval of the executive director of the department and the executive director of the department of local affairs, on or before December 31, 2020, the director shall submit to the governor and the general assembly a just transition plan for Colorado. This plan must include, at a minimum:

(a) Benefits, grants, and other components that the office, the department, or the department of local affairs shall coordinate and implement under existing authority;

(b) Benefits, grants, and other components that require additional legislative authority to implement;

(c) Sources of funding that may be accessed from federal, state, local, and other sources without additional legislative authority or approval; and

(d) Sources of funding that require legislative or voter approval.

(5) To further the purposes of the office created in this part 5, the director shall engage in relevant administrative proceedings, such as matters before the public utilities commission and the air quality control commission.

(6) (a) There is hereby created the just transition advisory committee to develop and recommend a just transition plan for the state of Colorado.

(b) On or before July 1, 2020, the advisory committee shall present a draft just transition plan to the executive director of the department and the executive director of the department of local affairs.

(c) In developing the draft just transition plan, the advisory committee shall consider options to:

(I) Align and target local, state, and federal resources and leverage additional resources to invest in communities and workers whose coal-related industries are subject to significant economic transition;

(II) Align and target existing local, state, and federal programming and establish additional programming to support communities and workers whose coal-related industries are subject to significant economic transition;

(III) Establish benefits for coal transition workers, including consideration of:

(A) Benefits similar in type, amount, and duration to federal benefits available pursuant to 20 CFR 617.20 to 617.49; and

(B) Wage differential benefits for affected workers, including consideration of eligibility and the duration of the benefits;

(IV) Educate dislocated workers, in collaboration with employers of dislocated workers and relevant labor unions, regarding how to apply for just transition benefits; and

(V) Establish and structure a grant program and other potential programmatic support for coal transition communities and organizations that support coal transition communities, including eligible entities.

(d) In developing the draft just transition plan, the advisory committee shall identify and consider:

(I) The projected short-term and long-term costs and benefits to the state of each plan component, including worker benefits, grant programs, and other supports;

(II) Potential sources for sustainable short-term and long-term funding for a just transition plan and its components;

(III) The potential fiscal, economic, workforce, and other implications of extending components of the just transition plan to other sectors and industries affected by similar economic disruptions; and

(IV) Which components of the just transition plan can be implemented by the departments under existing authority and which require additional legislation.

(e) The advisory committee consists of the following members:

(I) Ex officio members as follows:

(A) The executive director of the department of labor and employment or a designee;

(B) The director of the office of economic development or a designee;

(C) The director of the Colorado energy office or a designee;

(D) The executive director of the department of local affairs or a designee; and

(E) A representative of the office of the governor;

(II) One member of the senate, appointed by the president of the senate, and one member of the house of representatives, appointed by the speaker of the house of representatives; and

(III) The following members appointed by the director:

(A) Three representatives of coal transition workers;

(B) Three representatives from coal transition communities;

(C) Two representatives with professional economic development or workforce retraining experience;

(D) Two representatives of disproportionately impacted communities; and

(E) Two representatives of utilities that, on May 28, 2019, operated a coal-fueled electric generating unit.

(f) The term of appointment or designation is four years; except that the initial term of members appointed pursuant to subsection (6)(e)(II) of this section is two years and the initial term of members appointed pursuant to subsection (6)(e)(III) of this section is three years. Each legislative member is entitled to receive payment of a per diem and reimbursement for actual and necessary expenses as authorized in section 2-2-326, appointed members are entitled to the same per diem and expense reimbursement, and ex officio members are entitled to the same expense reimbursement; except that all payments authorized by this subsection (6)(f) are at a rate fifty percent less than that authorized by law.

(g) The advisory committee shall elect a chair from among its members to serve for a term not to exceed two years, as determined by the advisory committee. The advisory committee shall meet at least once every quarter. The chair may call such additional meetings as are necessary for the advisory committee to complete its duties.

(h) The advisory committee may engage additional nonvoting members or advisors to provide additional expertise as needed.

(i) This subsection (6) is repealed, effective September 1, 2025. Before the repeal, this subsection (6) is scheduled for review in accordance with section 2-3-1203.

(7) The office, in consultation with the advisory committee, shall develop a proposed long-term budget to adequately finance the just transition plan. The office shall submit the proposed budget to the executive director of the department no later than July 1, 2022. The budget must include financing options from state, federal, and other sources. The department shall consider the proposed budget as part of its budget proposal for state fiscal year 2023-24.
C.R.S. § 8-6-110 — CO Code / Title 8 / Article 6 / Section 8-6-110
8-6-110. Wage board - duties - report - quorum
Status: in_force

8-6-110. Wage board - duties - report - quorum. The director may transmit to each wage board all pertinent information in his possession relative to the wages paid or material to the subject of inquiry of the occupation in question. Each wage board shall endeavor to determine, if requested so to do by the director, the standard conditions of employment; the minimum wage, whether by time rate or piece rate, adequate to maintain in health and to supply with the necessary cost of living an employee of ordinary ability in the occupation in question, or in any branches thereof; and suitable minimum wages, graded, so far as practicable, on a rising scale toward the minimum allowed experienced workers, for learners and apprentices. When a majority of the members of a wage board agree upon standard conditions of employment or minimum wage board determinations, they shall report such determinations to the director, together with the reasons therefor and the facts relating thereto. A majority of the members of any such wage board shall constitute a quorum.
C.R.S. § 8-15.8-103 — CO Code / Title 8 / Article 15.8 / Section 8-15.8-103
8-15.8-103. Office of future of work - creation - powers and duties - report
Status: in_force

8-15.8-103. Office of future of work - creation - powers and duties - report. (1) There is created in the department the office of future of work, the head of which is the director of the office of future of work.

(2) The OFW is a type 2 entity, as defined in section 24-1-105, and exercises its powers and performs its duties and functions under the department.

(3) It is the purpose of the OFW to:

(a) Identify opportunities for Colorado's communities to transition effectively to emerging industries and, where appropriate, consult with the just transition office, created in section 8-83-503, and other state agencies to align such efforts;

(b) Ensure the inclusion of key stakeholders from all sectors and engage partnerships across public and private sectors, including industry, academia, employers, employees, nonprofit organizations, and government;

(c) Host, organize, and convene task forces, summits, and other appropriate meetings with diverse stakeholders, designed to improve the state's understanding of the social and economic impacts of the changing nature of work;

(d) Explore ways that the state can prepare for current and future impacts, including through the modernization of worker benefits and protections, the development of a skilled and resilient workforce through coordination of registered apprenticeship programs in Colorado, and the identification of new policy and program solutions; and

(e) As funding allows, undertake studies, research, and factual reports to gather insight and to formulate and present recommendations to the governor, state agencies, and the general assembly related to issues of concern and importance to Colorado's future workforce.

(4) The OFW shall contribute education and workforce data beginning in the 2025-26 state fiscal year, as necessary, to the Colorado statewide longitudinal data system consistent with the governance practices established by the Colorado statewide longitudinal data system governing board pursuant to section 24-37.5-125 (4).
C.R.S. § 8-75-103.5 — CO Code / Title 8 / Article 75 / Part 1 / Section 8-75-103.5
8-75-103.5. Additional extended benefit requirements
Status: repealed

8-75-103.5. Additional extended benefit requirements. (1) An individual shall be ineligible for payment of extended benefits for any week of unemployment in his eligibility period if the division finds that during such period:

(a) He failed to accept any offer of suitable work as defined under subsection (3) of this section or failed to apply for any suitable work to which he was referred by the division; or

(b) He failed to actively engage in seeking work which is prescribed as suitable work under subsection (5) of this section.

(2) Any individual who has been found ineligible for extended benefits by reason of the provisions of subsection (1) of this section shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until he has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four times the extended weekly benefit amount.

(3) For the purposes of this section, "suitable work" means, with respect to any individual, any work which is within such individual's capabilities. The gross average weekly remuneration payable for such work shall:

(a) Exceed the sum of the individual's extended weekly benefit amount as determined under sections 8-73-102 and 8-75-104 plus the amount, if any, of supplemental unemployment benefits, as defined in section 501 (c)(17)(D) of the federal "Internal Revenue Code of 1986", as amended, payable to such individual for such week;

(b) Not be less than the higher of the minimum wage provided by section 206 (a)(1) of the "Fair Labor Standards Act of 1938", as amended, without regard to any exemption, or the applicable state or local minimum wage.

(4) No individual shall be denied extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability, provided in subsection (3) of this section, if:

(a) The position was not offered to such individual in writing or was not listed with the state employment service;

(b) Such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 8-73-108 (5)(b) to the extent that the criteria of suitability in that section are not consistent with the provisions of subsection (3) of this section;

(c) The individual furnishes satisfactory evidence to the division that his prospects for obtaining work in his customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 8-73-108 without regard to the definition specified by subsection (3) of this section.

(5) Notwithstanding the provisions of paragraph (b) of subsection (3) of this section to the contrary, no work shall be deemed suitable work for an individual which does not accord with the labor standards provisions required by section 3304 (a)(5) of the federal "Internal Revenue Code of 1986", as amended, and set forth under section 8-73-108 (5)(b).

(6) For the purposes of paragraph (b) of subsection (1) of this section, an individual shall be treated as actively engaged in seeking work during any week if:

(a) The individual has engaged in a systematic and sustained effort to obtain work during such week;

(b) The individual furnishes tangible evidence that he has engaged in such effort during such week.

(7) The state employment service shall refer any claimant entitled to extended benefits under the "Colorado Employment Security Act", articles 70 to 82 of this title, to any suitable work which meets the criteria prescribed in subsection (3) of this section.

(8) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period if such individual has been disqualified for regular benefits under the "Colorado Employment Security Act", articles 70 to 82 of this title, because he voluntarily left work, was discharged for misconduct, or failed to accept an offer of or apply for suitable work unless the disqualification imposed for such reasons has been terminated in accordance with specific conditions established under said act, requiring the individual to perform service for remuneration subsequent to the date of such disqualification.

(9) Repealed.
C.R.S. § 8-20-410 — CO Code / Title 8 / Article 20 / Part 4 / Section 8-20-410
8-20-410. Tank delivery truck, semitrailer, or truck trailer for bulk storage
Status: in_force

8-20-410. Tank delivery truck, semitrailer, or truck trailer for bulk storage. No tank delivery truck, semitrailer, or truck trailer shall be used as a bulk storage plant for liquefied petroleum gas unless the same has been inspected and approved by the director of the division of oil and public safety.
C.R.S. § 8-15.7-405 — CO Code / Title 8 / Article 15.7 / Part 4 / Section 8-15.7-405
8-15.7-405. Qualified apprenticeship intermediary grant fund - creation - transfer - gifts,
Status: in_force

8-15.7-405. Qualified apprenticeship intermediary grant fund - creation - transfer - gifts, grants, or donations. (1) There is created in the state treasury the qualified apprenticeship intermediary grant fund. Money in the fund is continuously appropriated to the department to implement the grant program and pay for the department's direct and indirect costs in administering the grant program.

(2) On July 1, 2024, the state treasurer shall transfer two million dollars from the general fund to the fund.

(3) The department may seek, accept, and expend gifts, grants, and donations from private or public sources for the purposes of this part 4.

(4) The state treasurer shall transfer all unexpended and unencumbered money remaining in the fund at the end of state fiscal year 2026-27 to the general fund.
C.R.S. § 8-14.4-109 — CO Code / Title 8 / Article 14.4 / Section 8-14.4-109
8-14.4-109. Agricultural employers - responsibilities during public health emergency - worke
Status: in_force

8-14.4-109. Agricultural employers - responsibilities during public health emergency - worker safety protections - definition. (1) During a public health emergency, in addition to the other protections and rights afforded to workers, a principal engaged in agricultural employment shall:

(a) (I) Except as provided in subsection (1)(a)(II) of this section, provide each worker living in employer-provided housing with:

(A) In a single-occupancy unit where the worker is housed alone, at least eighty square feet of combined sleeping and living quarters;

(B) In multiple-occupancy housing, at least one hundred square feet of sleeping quarters per worker and one hundred twenty square feet of space per worker in areas used for combined purposes such as meal preparation and eating; and

(C) In all housing, screened windows that open to the outside or living space that has an air filtration system.

(II) A principal engaged in agricultural employment may, as an alternative to complying with subsection (1)(a)(I) of this section, comply with alternative protections applicable to housing identified in a public health order issued by the department.

(b) Provide each worker actively engaged in the open-range production of livestock with:

(I) A single occupancy mobile housing unit, regardless of any variances otherwise available pursuant to 20 CFR 655.235; or

(II) Alternative protections applicable to housing identified in a public health order issued by the department;

(c) Allow the department to consult with the department of public health and environment in enforcing this section;

(d) Provide training to workers concerning safety precautions and protections during a public health emergency; and

(e) Provide informational and educational materials through posters and pamphlets written in English and Spanish and any other relevant languages in employer-provided housing, work sites, and other places where the principal usually posts information for the workers that:

(I) Lists the contact information for the Migrant Farm Worker Division of Colorado Legal Services, or its successor organization, where a worker may receive free and confidential legal services; and

(II) Informs the workers regarding federal and state guidance concerning a public health emergency.

(2) As used in this section, "public health emergency" means a statewide public health emergency declared by executive order regarding COVID-19, the coronavirus disease caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2, or another communicable disease as defined in section 25-1.5-102 (1)(a)(IV) that is transmissible from person to person.
C.R.S. § 8-44-111 — CO Code / Title 8 / Article 44 / Part 1 / Section 8-44-111
8-44-111. Workers' compensation insurance - deductibles - definition
Status: in_force

8-44-111. Workers' compensation insurance - deductibles - definition. (1) (a) Any employer may agree, as a condition of any contract for the insurance of compensation and benefits as provided in articles 40 to 47 of this title or against liability therefor, to pay an amount not to exceed the split point approved by the commissioner of insurance per claim toward the total amount of any claim payable under articles 40 to 47 of this title. The amount of premium to be paid by an employer who agrees to pay such deductible shall be reduced based upon such deductible in an amount determined by the insurance carrier.

(b) As used in this subsection (1), "split point" means the amount of each loss approved by the commissioner of insurance that an insurer may apply as the primary loss in each workers' compensation claim. The full amount of primary losses counts in each employer's experience modification calculation that determines the employer's percentage credit or surcharge on workers' compensation coverage. The loss amount above the split point is excess loss and constitutes part of each employer's experience modification calculation.

(c) Nothing in this section abrogates an employer's responsibility to pay the full amount of any compensation and benefits due under articles 40 to 47 of this title. It is a violation of this title for an employer or, if insured, the insurer to require any employee to pay any part of the compensation and benefits due under articles 40 to 47 of this title.

(d) It is a violation of this title for an employer or, if insured, the insurer to require an employee to use any other type of insurance, regardless of whether it is provided as a benefit of employment, or any other employment benefit, to pay any portion of any compensation and benefits due under articles 40 to 47 of this title.

(e) Nothing in this subsection (1) allows a carrier to stop offering no-deductible policies.

(1.5) Whenever any insurer, including Pinnacol Assurance created in section 8-45-101, issues a workers' compensation policy in this state, and annually thereafter, the insurer must issue a policy including the deductible provision if requested by the insured employer; except that the commissioner shall promulgate rules establishing criteria to allow the insurer to deny a deductible policy to an employer based on financial inability to reimburse the insurer for the deductible plan selected.

(2) The existence of an insurance contract with a deductible or the fact of payment as a result of a deductible shall not affect the requirement of an employer to report an injury or death to the division as required in section 8-43-103 (1).

(3) The deductible amounts paid by any employer under the provisions of this section shall be excluded from consideration by insurance carriers authorized to transact business in Colorado, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, in establishing the modification factors based upon experience used by such insurance carriers to determine premiums. For purposes of experience modifications, medical only claims shall be calculated in the same manner as claims with indemnity payments.

(4) Every insurance carrier authorized to transact business in Colorado, including Pinnacol Assurance, which insures employers against liability for compensation under the provisions of articles 40 to 47 of this title, shall clearly and conspicuously inform policyholders of the availability of the deductible option specified in subsection (1) of this section.
C.R.S. § 8-41-211 — CO Code / Title 8 / Article 41 / Part 2 / Section 8-41-211
8-41-211. Transportation network company drivers - rules
Status: in_force

8-41-211. Transportation network company drivers - rules. On June 5, 2014, the director, upon consideration of existing Colorado statutory and case law, may by rule determine whether or not transportation network companies have an obligation under existing Colorado law to provide or offer for purchase workers' compensation insurance coverage to transportation network company drivers.
C.R.S. § 8-3-122 — CO Code / Title 8 / Article 3 / Section 8-3-122
8-3-122. Penalty for violation
Status: in_force

8-3-122. Penalty for violation. Any person, firm, or corporation who violates any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined for the first offense not less than fifty dollars nor more than one hundred dollars and for the second and subsequent offenses not less than one hundred dollars nor more than five hundred dollars, together with costs.
C.R.S. § 8-1-123 — CO Code / Title 8 / Article 1 / Section 8-1-123
8-1-123. Arbitration
Status: in_force

8-1-123. Arbitration. The director shall do all in his power to promote the voluntary arbitration, mediation, and conciliation of disputes arising under an existing written agreement between employers and employees and to avoid the necessity of resorting to strikes, lockouts, boycotts, blacklists, discriminations, and legal proceedings in matters of employment. Arbitration undertaken pursuant to this section shall employ the procedures provided in part 2 of article 22 of title 13, C.R.S.
C.R.S. § 8-47-105 — CO Code / Title 8 / Article 47 / Part 1 / Section 8-47-105
8-47-105. Deposit on unpaid compensation or benefits - trust fund - surplus
Status: in_force

8-47-105. Deposit on unpaid compensation or benefits - trust fund - surplus. (1) The director has the discretion, at any time, any provisions in articles 40 to 47 of this title to the contrary notwithstanding, to compute and require to be paid to the division, to be held by it in trust, an amount equal to the present value of all unpaid compensation or other benefits in any case computed at the rate of four percent per annum. Such action may be taken after a finding by the director as to the insolvency, the threatened insolvency, or any other condition or danger which may cause the loss of, or which has delayed or may impede, hinder, or delay prompt payment of, compensation or benefits by any insurance carrier or employer. The action and finding of the director shall not be subject to review, and the director shall not be required to give any notice of hearing or hold any hearing prior to taking such action or making such finding.

(2) All moneys so paid in shall constitute a separate trust fund in the office of the state treasurer, and, after any such payment is so ordered, the employer or insurance carrier shall thereupon be discharged from any further liability under such award for which payment is made to the extent of the payment made, and the payment of the award shall then be assumed to the extent of payment made by the special trust fund so created. If, for any reason, a beneficiary's right to the compensation awarded and ordered paid into said special trust fund ceases, lapses, or in any manner terminates by virtue of the terms and provisions of articles 40 to 47 of this title so that a surplus not surviving or accruing to any other beneficiary remains in said trust fund of the amount ordered paid into it on behalf of the beneficiary, the insurance carrier or employer who has made said payment shall be entitled to a refund of the present value of said surplus, if any, computed at the rate of four percent per annum. The state treasurer shall invest any portion of the special trust fund, including its surplus and reserves, which the director determines is not needed for immediate use.
C.R.S. § 8-81-102 — CO Code / Title 8 / Article 81 / Section 8-81-102
8-81-102. Penalties in prior law continue in force
Status: in_force

8-81-102. Penalties in prior law continue in force. Any penalty, forfeiture, or liability, either civil or criminal, which has been incurred in former statutes relating to unemployment compensation shall be held as remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of such penalty, forfeiture, or liability which are now pending, or which may hereafter be commenced within the time provided by law for the commencement of such actions, suits, proceedings, and prosecutions, as well as for the purpose of sustaining any judgment, decree, or order which has been or which may be entered or made in such actions, suits, proceedings, or prosecutions.