Petitions for Hearing

The Board may use its discretion to grant a hearing for 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 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)
An employee may use the discretionary hearing process to petition for a hearing regarding a final agency grievance decision to the Board.  Petitions for hearing may also be filed by probationary employees who have been terminated if there is an allegation of unlawful discrimination or other violation of constitutional or statutory law.The discretionary hearing process generally takes 90 days and begins with the  employee filing a petition for hearing with the Board, using the the Consolidated Appeal/Dispute form.
A copy of the petition for hearing filed with the Board must be provided to the agency as well. 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 the Complainant relied upon in making the decision to petition for hearing challenging the final agency action and documents or information that the Respondent relied upon in making the final agency decision on the employee's grievance.
Once receiving the employee's petition for hearing, the Board typically issues a Notice of Preliminary Review that advises 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 (ALJ) will review the information sheets and issue a preliminary recommendation, which will be reviewed by the Board.  The ALJ 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 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.