Petitions for Hearing
The discretionary hearing process is the Board procedure an employee must use to appeal a final agency grievance decision to the Board. The discretionary hearing process generally takes 90 days and begins with the filing by the employee of a petition for hearing with the Board, including petitions for a hearing in the case of the termination of a probationary employee. A copy of the petition filed with the Board must be provided to the agency.
Fifteen days after the employee has filed the petition with the Board, the parties must provide each other with copies of all the documents or information that, in the case of Respondent, it relied upon in making the final agency decision on the employee's grievance and in the case of Complainant, he or she relied upon in making the decision to grieve a matter and to file a petition for hearing challenging the final agency action.
Upon receipt by the Board of the employee's petition for hearing, the Board typically issues a Notice of Preliminary Review that tells the parties the deadline and required contents for the filing of Information Sheets. In addition to filing an original of the Information Sheets with the Board, the parties must also file their Information Sheets with the Board electronically (either on a disk or CD-ROM in Microsoft Word format).
An administrative law judge will review the information sheets and issue a preliminary recommendation, which will be reviewed by the Board. The Administrative Law Judge's decision makes a recommendation to the Board to either grant or deny the employee's request for a hearing. Within 90 days of the Board receiving the petition, the Board, at its regularly scheduled monthly meeting, will consider the preliminary recommendation and decide whether to adopt the recommendation to grant or deny the employee a hearing on the final agency decision on the employee's grievance.
PLEASE NOTE THAT AS OF NOVEMBER 12, 2013, THE STATE PERSONNEL BOARD WILL BE LOCATED AT 1525 Sherman Street, 4th Floor, Denver, Colorado 80203.