FREQUENTLY ASKED QUESTIONS (FAQs)
Where are the Board Offices located? The State Personnel Board is located at 1525 Sherman Street, 4th Floor, Denver, Colorado 80203.
Does my appeal have to be on a specific form? Yes. In accordance with Board Rule 8-38, the Consolidated Appeal/Dispute Form is required for all appeals and is available on the SPB and DPA websites as well as at the SPB offices at 1525 Sherman Street, 4th Floor.
Do I have to have an attorney in order to file an appeal with the Board? No, you do not have to have an attorney representing you when filing an appeal. You may choose to self represent, which is referred to as being pro se. Information is available on this site to assist you if you are self representing. You may retain legal counsel at any time during your appeals process.
Can I file a grievance with the Board? No. The Board does not review grievances only appeals of the final grievance decision made by the agency if it appears that the decision of the appointing authority violates an employee's rights under federal or state law. C.R.S. § 24-50-123(3) Please contact your department's human resources office to inquire about the grievance procedure. A grievance must be filed on an agency form or a grievance form provided by the Board may be used. Additional information is available on this site on the home page drop down menu under "Grievances".
What is the process for filing a Whistleblower Claim? An employee who seeks to have an allegation of retaliation for disclosure of information reviewed by the Board must file a complaint with the Board using the Whistleblower Complaint form. The department's response to the complaint must be filed within 45 days after the date the complaint was filed with the Board. If the employee does not have a consititional or statutory right to a hearing, the case will be subject to the discretionary review process.
What is a commencement hearing? At a commencement hearing, the parties present an opening statement, factual stipulations (facts that the parties agree upon), and stipulated exhibits (exhibits that the parties agree upon). Commencements may be conducted by phone with the parties. Dates for a hearing may also be selected by the parties during the commencement.
What is the difference between an information sheet and a prehearing statement? Information sheets are submitted in order for the judge to make a recommendation to grant or deny a hearing. They contain the facts the party is prepared to prove if a hearing is granted, legal argument, witnesses, exhibits and remedy or relief sought. Pre-hearing statements are submitted before a hearing to lay out one’s case and contain a statement of claims and defenses, undisputed facts, disputed issues of fact, points of law, witnesses, exhibits and stiputlations of fact reached by the parties.
If I submit an information sheet and am granted a hearing, do I have to submit my evidence all over again in my prehearing statement? Yes, the prehearing statement must be as thorough as possible in order to lay out your case for hearing.
What happens if I don't submit something on time or I don't submit it at all? If you fail to submit required information in a timely manner your case may be dismissed. You must pay attention to filing deadlines and if you need more time, you must make a request for an extesnion of time before the deadline passes.
Do I have to attend a hearing in person if I am the Complainant? Yes. You may also be accompanied by a representative of your choosing that can be a family member, attorney or other type of advocate.