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Pattern of Failing to Respond

Decisions related to a Pattern of Failure to Respond (C.R.S. 8-79-102(5)(a)) refers to a repeated, documented failure on the part of the employer (or agent) to respond timely or adequately to Division requests for information, based on the number of instances of failure and the total volume of requests. The decision applies to employers using a third-party administrator (TPA) as well.

Prohibition Non-Charging Decisions

Employer Prohibition Non-Charging Decisions (PNC Notice of Decision) are generated annually each January. Notification of the correspondence is sent via email (and US mail, if applicable) to employers that have a pattern of failing to respond, responding late, or providing inadequate information.  

Employers who receive this notice have been documented on a list for the prior calendar year. Employers are documented on this list if an overpayment established in the subsequent year for any claimant. If the overpayment occurred as a result of the employer’s failure to respond timely and/or adequately, the employer may be charged for the overpayment of benefits. 

PNC notices include how many instances for failing to respond the employer incurred during the previous calendar year, as well as details related to instances when a Loss of Protest Decision had been issued. Employers can appeal those decisions if they disagree with them (see below).

Viewing the Decision

PNC Notices of Decision are available online in the employer's MyUI Employer+ account.

To view the notice online:

  1. Login to MyUI Employer+.
  2. Click "Claims Correspondence" in the left-hand navigation menu.
  3. Select “Benefit Charges” in the Correspondence Class dropdown menu and click "Search.
  4. The Correspondence Type is called “PNC Notice of Decision”.
  5. Click the document number hyperlinked in the ID column to view the decision and total number of issues. 

Appealing PNC Notices of Decision

Employers have the right to appeal prohibition non-charging decisions, as well as each individual issue related to the decision that resulted in a Loss of Protest decision. The PNC Notice of Decision provides details related to the claimant, the issue and the corresponding decision.

Loss of Protest Appeals

Employers must appeal Loss of Protest decisions online in MyUI Employer+. Note: If the employer is appealing more than one Loss of Protest decision, each Loss of Protest decision must be appealed individually. Employers cannot appeal multiple decisions at once.  

Prohibition Non-Charging Appeals

PNC decisions must be appealed directly with the Division of Unemployment Insurance (UI) Appeals Section by mail or fax. The PNC Notice of Decision includes an appeal form at the bottom of the correspondence the employer can use to submit an appeal.

Mail the PNC decision appeal form to: 
Unemployment Appeals Section
PO Box 8988
Denver, CO 80201-8988
 

Fax PNC decision appeal form to: 303-318-9248

Important: Include both sides of the appeal form when faxed to ensure processing. 

Contact the UI Appeals Section by calling 303-318-9299.