The State Personnel Board hears and decides appeals of state employees. Appleals may involve disciplinary actions (such as terminations, suspensions, demotions, and pay reductions), non-disciplinary actions (such as layoffs and administrative discharges), discrimination charges, whistleblower retaliation claims, and other issues and require a mandatory hearing. The Board can only reverse or modify an agency decision if that decision was arbitrary, capricious, or contrary to rule or law.
All appeals must be filed using the Consolidated Appeal & Dispute Form. Colorado law applies strict deadlines to the filing of appeals. All appeals must be filed 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.
Colorado statutes require the Board to process cases under expedited timelines. Mandatory hearings must commence no later than 90 days after receipt of an appeal, unless the appeal is referred to the Colorado Civil Rights DIvision (CCRD) for investigation of discrimination or if referred to an agency for response to a whistleblower claim. An investigation by the CCRD into a discrimination charge may take as long as 450 days, unless the employee waives the CCRD investigation. If the CCRD investigation is waived, the case goes directly to the State Personnel Board.
The Administrative Law Judges (ALJs) conduct the hearings, and their Initial Decisions must be issued within 45 days of the closure of record. If a party appeals the Initial Decision to the Board, the Board must issue its decision within 150 days.