The State Personnel Board ("Board") hears and decides appeals of state employees as well as certain appeals from non-employees.
1. WHAT IS APPEALABLE?
Appeals may involve disciplinary actions (such as terminations, suspensions, demotions, or pay reductions), non-disciplinary actions (such as layoffs and administrative discharges), discrimination charges, whistleblower retaliation claims, or other issues that may merit a hearing. Non-employees may appeal a state agency's job selection decision if a discriminatory act is alleged.
2. HOW IS AN APPEAL FILED?
All appeals must be filed using the Consolidated Appeal & Dispute Form.
Colorado law applies strict deadlines to the filing of appeals and all appeals must be filed with the State Personnel Board within 10 days from the date of the action being appealed. The filing date of the appeal is the date it was postmarked, hand-delivered, or received by fax at the Board's office.
Emailed filings are NOT accepted by the State Personnel Board. All appeal forms and subsequent filings must be hand delivered, mailed via U.S. Mail or faxed to the Board.
A copy of the appeal and all subsequent filings MUST be furnished at the same time to the state agency that is the source of the matter being appealed or the agency's legal representative.
3. HOW LONG DOES IT TAKE?
An Administrative Law Judge (ALJ) will review the appeal and determine if it will go to hearing or not. The ALJ's preliminary recommendation will go to the State Personnel Board for the Board's review and final determination. Appeals that go to hearing will have the hearing set within 120 days of the appeal date. The hearing itself could be months later for various reasons including the availability of the ALJ and the parties to the appeal. After the hearing, the ALJ will issue an initial decision 45 days after the closure of the hearing which will then go to the State Personnel Board for the Board's review and final determination.
Appeals alleging discrimination may be referred to the Colorado Civil Rights Division (CCRD) for investigation of discrimination prior to any further action on the part of the Board. The CCRD investigation may take up to 270 days to complete. Click here to view a flow chart of the process for discrimination claims.
Whistleblower claims will be referred to the state agency that was the source of the complaint for its initial investigation and response before scheduling the matter for a hearing.
If parties participate in the Board's settlement program and the matter is settled prior to a hearing, the timeline can be reduced to a matter of weeks. The "Settlement Program" section on the Board's web site provides information on the settlement process.
4. IS AN ATTORNEY REQUIRED?
There is no requirement to have an attorney in order to file an appeal with the State Personnel Board. If an individual decides to self-represent and proceed without an attorney, the section of the State Personnel Board web site titled "Representing Yourself" provides helpful information for the appeal process and how to complete required documents. An attorney may be retained at any point in the appeal process. The staff and judges with the State Personnel Board cannot provide legal advice.
Please Note: All orders issued by the State Personnel Board to parties during the course of an appeal are sent electronically. It is the responsibility of the appealing party to provide an email address that is fully functional without filters that may block communications from the Board. All orders sent electronically are presumed delivered unless the Board receives an automated "undeliverable" message.