Appeals- "Petition for Hearing"
The Board may use its discretion to grant a hearing for appeals of actions that do not adversely affect a certified employee's current base pay, status or tenure and where the employee does not have a right to a hearing, appeal or review by law or rule. The Board may grant a hearing in matters such as a violation of federal or state constitutional rights, an adverse written decision from the highest level of a department's grievance process, a decision from the "Director's review process" involving the overall administtration of the state personnel system and unlawful discrimination where there is no mandatory right to a hearing. (Board Rule 8-41)
The discretionary review process generally takes 90 days and begins with the employee filing an appeal with the Board, using the the Consolidated Appeal/Dispute form.
After receiving the employee's appeal to petition a hearing, the Board issues a Notice of Preliminary Review that advises the parties the of the deadline and requirements for the filing of Information Sheets. A copy of the initial appeal and the Information Sheets filed with the Board must be provided to the agency as well. In addition to filing an original, hard copy of the Information Sheets with the Board, the parties must also provide their Information Sheets in a Word document using a disc or flash drive.
The ALJ will review the Information Sheets and issue a Preliminary Recommendation to either grant or deny the petition for hearing, which will be reviewed by the State Personnel Board at its regularly scheduled monthly meeting. The Board will decide whether to adopt or reject the recommendation of the ALJ to grant or deny the employee a hearing.
THE STATE PERSONNEL BOARD IS LOCATED AT 1525 Sherman Street, 4th Floor, Denver, Colorado 80203.