The Board may use its discretion to grant a hearing for appeals where the individual does not have a right to a mandatory hearing. The Board may grant a discretionary hearing when it appears that:
(A) an employment action violates the Colorado Anti-Discrimination Act (often referred to as "CADA");
(B) an employment action violates the State Employee Protection Act (commonly referred to as the "Whistleblower Act");
(C) a final grievance decision violates an employee's rights under the federal or state constitutions;
(D) a final grievance decision violates the grievance procedures;
(E) a final decision of the State Personnel Director violates a rule or statute relating to the comparative analysis process; and
(F) a final decision from the State Personnel Director involving the overall administration of the state personnel system is arbitrary, capricious, or contrary to rule or law.
The discretionary review process generally takes 120 days and begins with the employee filing an appeal with the Board, using the Consolidated Appeal & Dispute Form available below.
After receiving the employee's appeal (a/k/a petition for hearing), the Board issues a Notice of Preliminary Review that advises the parties of the deadline and requirements for the filing of Information Sheets, available on the Forms & Filing page. 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 a paper copy of the Information Sheets and exhibits with the Board, the parties must also provide their Information Sheets via email in a Word document and their exhibits as a PDF document.
The administrative law judge (ALJ) will review the Information Sheets and issue a Preliminary Recommendation to either grant or deny the petition for hearing. The State Personnel Board will review the Preliminary Recommendation at its regularly scheduled meeting. The Board will decide whether to adopt or reject the ALJ's recommendation.