CourtListener 10324723•Castro v. ICAO
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24CA1902 Castro v ICAO 01-30-2025
COLORADO COURT OF APPEALS
Court of Appeals No. 24CA1902
Industrial Claim Appeals Office of the State of Colorado
DD No. 26972-2024
Nayamin I. Castro,
Petitioner,
v.
Industrial Claim Appeals Office of the State of Colorado,
Respondent.
ORDER AFFIRMED
Division IV
Opinion by JUDGE PAWAR
Harris and Grove, JJ., concur
NOT PUBLISHED PURSUANT TO C.A.R. 35(e)
Announced January 30, 2025
Nayamin I. Castro, Pro Se
No Appearance for Respondent
¶1 In this unemployment benefits case, Nayamin I. Castro seeks
review of a final order of the Industrial Claim Appeals Office (Panel)
affirming a hearing officer’s dismissal of her appeal as untimely.
Because Castro waited nearly three years to file her appeal with the
hearing officer and the hearing officer does not have discretion to
accept an appeal beyond 180 days, we affirm the Panel’s order.
I. Background
¶2 On April 3, 2020, Castro filed a claim for benefits with the
Division of Unemployment Insurance (Division). The Division
requested that Castro provide additional information regarding her
citizenship status, and she did not provide that information until
one year later, on April 3, 2021. On October 27, 2021, a deputy for
the Division notified Castro that her claim was disallowed due to
the delay between the date the Division requested the information
and the date she provided it. That notice also advised Castro that
the deputy’s decision would be final unless she appealed it within
twenty days of the date it was mailed, making the deadline
November 16, 2021.
¶3 Nearly three years later, Castro appealed the deputy’s
decision. She apologized for untimely providing the Division her
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citizenship documentation, explaining that she “must have missed
the letter regarding the need for this documentation” and noting
that she would learn from the mistake. However, she provided no
explanation for her delay in appealing the deputy’s decision.
¶4 A hearing officer for the Division issued an order dismissing
Castro’s appeal as untimely, explaining that Department of Labor &
Employment Regulation 12.1.3.2, 7 Code Colo. Regs. 1101-2, bars
appeals filed more than 180 days past the filing deadline.
¶5 Castro timely appealed the hearing officer’s order to the Panel.
Though she reiterated her explanation regarding her delay in
providing documentation of her citizenship status, she again
provided no explanation for her three-year delay in appealing the
deputy’s decision.
¶6 The Panel affirmed the hearing officer’s decision, explaining
that under Regulation 12.1.3.2, “appealing a deputy’s decision over
180 days late may not be excused.”
II. Discussion
¶7 On appeal, Castro raises the same points she brought before
the Panel, explaining that she “missed the letter” requesting her
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citizenship documentation. She again does not explain her three-
year delay in appealing the deputy’s decision.
¶8 We may set aside the Panel’s decision only if (1) the Panel
acted without or in excess of its powers; (2) the decision was
procured by fraud; (3) the findings of fact do not support the
decision; or (4) the decision is erroneous as a matter of law. § 8-74-
107(6), C.R.S. 2024.
¶9 Here, it is undisputed that the Division mailed a copy of the
deputy’s decision to Castro’s last-known address, see, § 8-74-
106(1)(a), C.R.S. 2024, Castro received the decision, and she filed
her appeal well past the 180-day deadline. Given the foregoing
facts, we agree with the Panel that the hearing officer properly
dismissed Castro’s appeal, as Regulation 12.1.3.2 requires. (If an
appeal is more than 180 days late, “good cause may not be
established, a hearing shall not be scheduled, the appeal shall be
dismissed, and the deputy’s decision shall become final.”)
III. Disposition
¶ 10 The Panel’s order is affirmed.
JUDGE HARRIS and JUDGE GROVE concur.
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