The Division of Unemployment Insurance (UI) issues determinations based on the adequacy of information provided by employers in response to Division requests. Division requests include fact-finding questionnaires, additional separation and wage information, and more. An adequate response means the information provided by the employer is sufficient to support a determination on the issue (RCES 7.4.2).
Inadequate responses fail to provide enough information to determine a claimant's eligibility for UI benefits, regardless if the response is timely. Although employers may choose to not protest a claim or provide additional information about the job separation in their response to the Division, this will be considered an inadequate response. The Division will issue a determination based on the available facts.
Failure to provide adequate responses can result in improper benefits payments and result in additional charges assessed to an employer's account. According to state stature (CRS 8-79-102(5)(A)), the Division will charge an employer's account for improper payments if:
- The payment was made because the employer (or agent) was at fault for failing to respond on time or adequately to the Division request.
- The employer (or agent) has established a pattern of failing to respond to respond timely or adequately to Division requests.
How to Avoid Inadequate Response Determinations
Employers (and agents) timely participation in UI Division requests is not only required by law (C.R.S. 8-79-104(1)(a)(II)(A)), it also protects employers' right to protest and helps prevent improper benefit charges, penalties, overpayments, and costly appeals.
Responding to Division Requests
According to Regulations Concerning Employment Security (7.2.6), all benefits correspondences sent to and from the Unemployment Insurance (UI) Division will be delivered by Division-approved electronic means only, beginning in 2025.
Division-approved electronic means include:
- Via email to a verified email address listed in the online MyUI Employer+ system
- State Information Data Exchange System (SIDES)
- Prior state-approved third-party electronic portals
Employers who do not have an email address or the ability to correspond by Division-approved electronic means may apply for a non-electronic communications waiver. Visit the Electronic Communications Requirements page for more information.
How to respond to Division requests
Most employers will receive and complete fact-finding requests electronically in MyUI Employer+.
Note: Employers enrolled in SIDES can only view fact-finding requests in MyUI Employer+. SIDES users will need to complete the request using SIDES.
See How to View and Complete Fact Finding Requests in MyUI Employer+ for step-by-step instructions.