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COLORADO DIV. v. ACCORD HUMAN RESOURCES

No. 10SC419.

270 P.3d 985 (2012)

2012 CO 15

COLORADO DIVISION OF EMPLOYMENT AND TRAINING, Petitioner v. ACCORD HUMAN RESOURCES, INC. and Industrial Claim Appeals Office of the State of Colorado, Respondents.

Supreme Court of Colorado, En Banc.

February 27, 2012.

Attorney(s) appearing for the Case

John W. Suthers , Attorney General, Katie Allison , Assistant Attorney General, Denver, Colorado, Attorneys for Petitioner.

Rothgerber Johnson & Lyons LLP, Thomas M. Rogers, III , Jaclyn K. Casey , Denver, Colorado, The Nugent Law Firm, P.C., Brian M. Nugent , Fort Collins, Colorado, Attorneys for Respondents.

Bryan Cave HRO, Donald K. Bain , Denver, Colorado, Attorneys for Amicus Curiae Denver Metro Chamber of Commerce.

Justice EID delivered the Opinion of the Court.

¶ 1 Petitioner Accord Human Resources, Inc. ("Accord HR") is a professional employer organization that transacts business in Colorado along with four related entities. In 2004, Accord HR transferred a portion of its Colorado employees to another Accord entity with a lower unemployment tax rate and, in doing so, reduced its unemployment tax burden. Subsequently, the Colorado Division of Employment and Training (...

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